Government to Reopen DACA Applications Following Court Decision

Immigration authorities have announced their intention to resume accepting new applicants for the Deferred Action for Childhood Arrivals (DACA) initiative. This move aligns with a court mandate, though the current administration retains the authority to amend the program initiated under former President Obama.

U.S. Citizenship and Immigration Services (USCIS) aims to process applications from immigrants who are currently not participating in the DACA program. This initiative presently allows over 500,000 so-called 'Dreamers' to live and seek employment in the U.S. without fear of deportation, according to the Justice Department.

‘Dreamers’ refers to individuals who entered the U.S. illegally as minors or who overstayed their visas. The establishment of DACA by the Obama administration in 2012 was a response to the lack of congressional action on immigration reform. Although the program hasn’t accepted new applications since 2021 due to ongoing legal proceedings, current participants have been able to renew their work permits every two years.

Eligibility for DACA requires proof of arriving in the U.S. before age 16 and prior to June 2007, along with enrollment in a U.S. high school or military service, and no significant criminal background.

The recent Justice Department filing highlighted plans to potentially reopen DACA pending a decision by Judge Andrew Hanen in the lengthy legal conflict over the program.

This strategy is in response to directions from the 5th Circuit Court of Appeals that supported Judge Hanen's earlier judgment deeming DACA unlawful.

The 5th Circuit, while ruling against a Biden administration effort to legally formalize DACA, limited the scope of its decision to Texas, the primary state challenging the program in this Republican-led lawsuit. The court's decision deferred actions regarding existing DACA recipients.

Current and Future Actions on DACA

In adherence to the court’s order, the administration plans to handle new initial DACA submissions once Judge Hanen specifies further actions.

Applicants from states other than Texas, if approved, will benefit from DACA's deportation protections and work permits. However, Texans would only receive protection from deportation without a work permit, and those moving to Texas could risk losing their work authorization.

Texas succeeded in persuading federal courts that issuing work permits and other benefits to unauthorized immigrants through DACA has had a detrimental impact on the state.

By late June, over 525,000 individuals were enrolled in DACA, with almost 88,000 residing in Texas, which has the second-largest population of Dreamers nationwide.

Federal authorities emphasized that future changes to DACA are not precluded by these current plans, as confirmed in the administration's recent court documents.

Political Influence and Legal Challenges

While President Trump sought to dismantle DACA in his initial term—a move halted by the Supreme Court on procedural grounds in 2020—his administration has yet to establish a clear strategy for the program moving forward.

Amid intensified efforts nationwide to detain and deport those residing in the U.S. illegally, some DACA holders have been affected by these actions. Although DACA offers temporary relief from deportation, officials have broad authority to withdraw this protection.

Led by Republicans, states opposed to DACA requested the court to direct a gradual cessation of the program, including for those currently benefitting. They assert that it is up to Congress to decide the fate of DACA beneficiaries.

These states argue that, despite understandable sympathy for DACA participants, legal principles and the Constitution prevail over such sentiments.

Reporter Bio

Camilo Montoya-Galvez serves as the immigration reporter for CBS News, covering immigration laws and governmental policies from Washington.