Where Do DACA Recipients in Texas Stand?

 Posted on May 22, 2025 in Immigration

On March 11, 2025, the U.S. Court of Appeals for the Fifth Circuit found at least some portions of the Deferred Action for Childhood Arrivals (DACA) to be unlawful. The Court found that  DACA is not consistent with the federal Immigration and Nationality Act, while also limiting the effect of this ruling. The changes to DACA were only for the state of Texas; the current DACA program remains in place in every state as the judicial appeals process continues.  

At least for now, DACA recipients in Texas can renew their DACA as they normally do. They are also still protected from deportation in Texas. However, the Fifth Circuit also found that work authorization is not a lawful part of DACA. (DACA recipients in states other than Texas still have work authorization.)

Texas will also currently not provide driver’s licenses to DACA recipients, in addition to work authorizations.  The case will now return to the district court to determine what happens next for Texas DACA recipients. At this point, any party may file an appeal with the U.S. Supreme Court. It can be extremely beneficial to speak to an experienced Grand Prairie, TX immigration attorney.  

How Did the Fifth Circuit End Up Making the Current DACA Ruling?

The Court granted the state of Texas the right to sue DACA in October 2022. This standing was granted thanks to the emergency public education and Medicaid costs for DACA, which the Court stated could be considered "injuries" to the state.  The Department of Homeland Security then replaced the 2012 DACA memo with the DACA Rule.   

Overall, the Rule adopted the 2012 DACA criteria for qualifications as well as for the process of requesting authorization to work. All DACA renewal applications fall under the DACA Rule. The DACA Rule was found to be unlawful almost a year later by the Texas District Court – a decision that was then appealed to the Fifth Circuit Court, whose ruling is detailed above.  

In Practical Terms, What Does the Fifth Circuit Ruling Mean for Initial Applicants and Renewals?

The USCIS encourages those with DACA status to file for a renewal between 120 and 150 days before the expiration date. While the renewal application can be sent in sooner, the USCIS will not process the application until 150 days before expiration.

Those filing a first-time request for DACA are advised to exercise caution and consult with an immigration attorney before filing the paperwork. Because immigration issues, including DACA, are subject to change based on federal government policy changes or court orders, it is best to hold off until an immigration attorney meeting can be scheduled.   

Should Current DACA Recipients Travel Right Now?

Since DACA is currently being challenged in court, international travel could potentially be risky for DACA recipients. It is recommended that DACA recipients refrain from traveling internationally since U.S. Customs and Border Protection officers can potentially deny reentry.

DACA recipients who have ever had a past deportation order, missed an immigration court date, or entered the U.S. without permission are at a higher risk of deportation. Any arrests, charges, or convictions could also be a red flag for CBP officers.  

Contact a Tarrant County, TX Immigration Lawyer

If you currently have questions regarding your DACA status or have any other immigration issues, you could benefit from speaking to an experienced Fort Worth, TX immigration attorney from The Meza Law Firm, PLLC. Our firm has extensive experience in criminal and immigration law.

We offer highly personalized one-on-one guidance as we fight to keep families together. We understand the special challenges an immigrant could face when arrested for a crime. Call 817-732-6392 to schedule an initial attorney meeting. Hablamos Espanol.