Updated April 23, 2025
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Latest DACA development: On January 17, 2025, the Fifth Circuit Court of Appeals issued a decision holding that the Biden Administration’s 2022 DACA regulation was unlawful. The decision continues to block the government from approving new DACA applications. DACA renewals may continue for now.
This advisory provides answers to questions about:
This advisory is not intended as legal advice but rather to provide information on the status of the DACA program. Individuals should seek a legal consultation from a qualified immigration attorney or DOJ accredited representative for a full assessment of their individual case. Please check our website or NIJC’s social media channels for future updates about DACA.
The impact of Texas v. U.S. decision
1. What did the court decide in Texas v. U.S.?
On September 13, 2023, Texas-based U.S. District Judge Andrew Hanen declared that the DACA program, as implemented through the DACA regulation, was illegal. Judge Hanen found that the DACA regulation did not remedy the substantive defects found by the District Court and the Fifth Circuit concerning the 2012 DACA Memo, which the courts previously held to be illegal. However, he stayed (“paused”) his decision for people who already have DACA. His decision was appealed to the Fifth Circuit Court of Appeals.
On January 17, 2025, the Fifth Circuit Court of Appeals affirmed the district court’s finding that the DACA regulation violates U.S. immigration laws. The Fifth Circuit also stayed (“paused”) its ruling as to current DACA beneficiaries, allowing DACA renewals to continue. But there were two significant differences. First, the Court of Appeals differentiated between DACA when it protects someone from removal and DACA when it gives benefits such as work permits, travel authorization, and avoiding “unlawful presence.” The Court found that DACA is legal when it effectively tells other immigration officials not to seek removal, although it rejected DACA work permits. Second, and more importantly, the Court of Appeals limited the lawsuit by the State of Texas to people who live in Texas. That means that DACA will be limited for Texas residents, but not people in other states.
2. What will happen next in Texas v. U.S.? Will it go to the Supreme Court?
At this point, we do not yet know whether further appeal is likely. Any appeal to the Supreme Court would be due in mid-April. We recommend that, if eligible, you submit your application to renew your DACA benefits as soon as possible.
The status of Biden’s DACA regulation
3. How does this most recent decision affect the Biden administration’s final regulation?
While the Fifth Circuit found that the DACA regulations unlawfully grant work authorization and other benefits, the court only applied that ruling to residents of Texas. The Fifth Circuit stayed (“paused”) its ruling, so all current DACA beneficiaries, including residents of Texas, may renew at least for now. For the moment, the granting of work permits and protection from unlawful presence is unlawful, but granting some protection from removal is not. Importantly, the Court found that Judge Hanen’s nationwide injunction on the DACA regulation was overly broad and should have only applied to Texas. Ultimately, the Fifth Circuit stayed (“paused”) its ruling allowing current DACA beneficiaries the ability to renew, pending another ruling by the Fifth Circuit Court or the Supreme Court. The ultimate fate of the DACA regulation will be decided by either the court system or by the Trump administration if it takes steps to rescind the regulation in accordance with the law.
The status of DACA renewal and initial applications
4. I have a pending application for initial DACA benefits. How does the recent decision affect my pending application?
Until recently, an injunction precluded the government from processing your initial DACA application. It is unclear whether that portion of the injunction will remain in effect. The current decision, if allowed to go into effect, will at least allow a grant of DACA status, which may provide some protection from removal.
If you have a pending initial DACA application at NIJC and you have further questions, please contact the phone number for the team handling your case. If NIJC is not representing you, please follow our social media channels or website for updated information regarding the status of the DACA program.
5. I am eligible for initial DACA, but never applied; what can I do right now?
If you have never had a legal consultation, we recommend that you speak to a licensed attorney or Department of Justice accredited representative to learn more about all your possible options under our current immigration laws and policies. To schedule a consultation with our office, please call (312) 660-1370.
6. I have a pending application to renew my DACA benefits. How does the latest decision affect my renewal?
The government will continue to adjudicate all properly filed DACA renewal requests. This is true as long as a judicial stay remains in place.
If your request has been pending for more than 105 days, you or your legal representative can submit a status inquiry via phone by calling 1-800-375-5283.
If that does not solve your case, you or your legal representative may wish to consider seeking congressional assistance. In Illinois, Senators Duckworth and Durbin each have the request process located on their congressional website.
7. My DACA has expired or is close to expiring; can I still apply to renew my DACA?
Yes. The government will continue to adjudicate all properly filed DACA renewal requests. This is true as long as the judicial stay remains in place. It is unknown how long the judicial stay will remain in place, so you should renew your DACA benefits as soon as possible.
If you currently have DACA or your DACA has been expired for less than one year, you can submit a DACA renewal application. If you are interested in attending one of NIJC’s upcoming, free DACA renewal clinics, you can register here. We are updating the calendar frequently with new clinic offerings.
If your DACA expired more than one year ago or it was previously terminated, the government may treat your application as an initial DACA application. That may delay processing of your late renewal. If you are in this position, please schedule a DACA consultation with NIJC by calling 312-660-1370.
The DACA and employment authorization renewal process
8. How much will it cost to apply for DACA benefits?
The cost to file your DACA and work permit application is $555.00 (online) or $605.00 (paper filing). This price may change in the future if the government disallows work permits for DACA beneficiaries.
9. My DACA is expired; will USCIS refer my case to ICE for enforcement purposes (like detention or deportation proceedings)?
The current DACA regulation offers some protections for current beneficiaries. One subsection [8 CFR § 236.23(e)] outlines restrictions on the use of information provided in a DACA application related to a DACA applicant or beneficiary, including family members and guardians, for the purpose of initiating removal proceedings. Another subsection [8 CFR § 236.23(c)(2)] outlines restrictions on the issuance of a Notice to Appear – the charging document that initiates removal proceedings against an individual - following denial of a DACA request.
In the past, former DACA recipients have not been enforcement priorities. Unfortunately, every new administration sets their own enforcement priorities. Unless DACA is overturned, a grant of DACA should provide protection from enforcement and should serve as evidence that you are a low priority for removal. If your DACA is expired, we recommend that, if eligible, you apply to renew as soon as possible. If you are interested in attending one of our upcoming, free DACA renewal clinics, you can register here. We are updating the calendar frequently with new clinic offerings.
10. My work permit was lost, stolen or destroyed. Can I request a replacement?
If you are currently in a valid period of DACA, you may apply to replace a lost, stolen, or destroyed EAD/work permit by filing a new Form I-765 and paying the $555.00 (online) or $605.00 (paper) filing fee. If your DACA benefits have expired and you are within the timeframe to renew, you may seek to renew your DACA protection and, within that process, seek a new work permit.
11. Are DACA recipients still able to apply for special permission to travel (“advance parole”)?
Yes, for the time being. You may qualify for advance parole if you currently have DACA and you can establish that your travel abroad is for employment, educational, or humanitarian purposes.
Traveling on advance parole comes with some risks. U.S. Customs and Border Protection retains the authority to refuse entry to an individual – even someone who has an approved advance parole document. As well, keep in mind there may be a subsequent court decision or Department of Homeland Security policy that affects a DACA recipient’s ability to apply for and travel on advance parole.
If you would like to explore advance parole, we strongly recommend that you schedule a consultation with a licensed attorney or DOJ recognized organization to see if advance parole is a safe and available option for you to pursue. To schedule a legal consultation with NIJC, please can call 312.660.1370.
12. I have or had DACA, but I also have another application for an immigration benefit pending with the government. How does this most recent update affect my pending application for other immigration benefits?
The government will continue to process your pending application for other immigration benefits. If you have a legal representative, speak to them about whether you are eligible for a work permit based on your pending application or whether you should renew your DACA benefits and seek a work permit via those means.
There may be other reasons to maintain DACA benefits, even as you seek other immigration status. For example, it is possible future laws will recognize people with DACA as eligible for permanent status, or the other immigration status you seek may not be certain, in which case retaining DACA may be advantageous. To discuss this further, we recommend that you schedule a consultation with a licensed attorney or DOJ recognized organization. To schedule a legal consultation with NIJC, individuals can call 312.660.1370.
13. Even though I have DACA, I am afraid I might one day be forced to return to my home country, where I fear harm. What can I do?
U.S. immigration laws offer certain protection-based immigration benefits. For example, if you are afraid to return to your home country because you believe you will be harmed (“persecuted”) based on your race, religion, nationality, membership in a particular social group or political opinion, you may be eligible for asylum or another protection-based immigration benefit. This is a complex area of the law and requires an in-depth analysis of your specific fear of return. If you are afraid to return to your home country, we recommend that you schedule a consultation with a licensed attorney or DOJ recognized organization.
14. Does the Social Security Number (SSN) I received belong to me forever?
The SSN that you received after to your initial DACA grant will belong to you for life. You can continue using your SSN for various matters (banking, housing, education, etc.). To accept employment, you may need to present a valid EAD/work permit to use your SSN for employment.
15. My work permit expires soon; do I have to tell my employer?
If your DACA is close to expiring, we recommend that, if eligible, you apply to renew as soon as possible. If you are interested in attending one of our upcoming, free DACA renewal clinics, you can register here. We are updating the calendar frequently with new clinic offerings.
You are not legally obligated to notify your employer that your work permit is expiring. Your employer is obligated to make sure they are employing individuals who are authorized to work. If your employer asks you for a new work permit, you have until your current work permit expires to produce a new one. If you do not produce a new work permit when your current work permit expires, your employer can terminate your employment. However, the employer must give you the opportunity to present a new work permit and cannot take negative action against you (i.e. terminate your employment) until your current work permit expires.
16. What can I do now?
We encourage you to consult with a legal service provider about the possibility of filing an application for initial or renewal DACA benefits. We also encourage you and your family members to seek a legal consultation to explore other potential forms of immigration relief. NIJC has found that 14.3% of individuals screened for DACA eligibility were potentially eligible for more permanent forms of immigration relief. To schedule a legal consultation with NIJC, individuals can call 312.660.1370.