USCIS Accepting New DACA Applications Despite Processing Freeze

The U.S. Citizenship and Immigration Services (USCIS) announced it is accepting new initial DACA applications once again, though current court orders prevent the agency from processing or approving those applications at this time. This development comes amid ongoing legal battles that have left the future of the Deferred Action for Childhood Arrivals program uncertain since its establishment in 2012.

The program, designed to provide certain undocumented individuals who arrived in the U.S. as children with protection from deportation and work authorization, faces continued legal challenges. Most notably, the Southern District of Texas under Judge Andrew Hanen and the Fifth Circuit Court of Appeals have found that DACA was not lawfully implemented. In January 2025, the Fifth Circuit struck down key portions of the Biden Administration's DACA regulation but stopped short of completely ending the program, sending the case back to Judge Hanen to determine how the program should operate moving forward.

As of October 2025, USCIS confirms that renewal applications for current and prior DACA recipients continue to be accepted and processed nationwide. However, initial applications are being accepted but placed on hold, with USCIS receiving and storing filings without review, adjudication, or work authorization issuance until further court direction is given. Advance Parole for travel remains available to current DACA holders on a case-by-case basis.

This "accept but don't process" approach stems directly from the injunction still in place under the Texas court order. Until that order is modified or lifted, no new DACA grants can be approved—even if applications are submitted. The Department of Justice and Department of Homeland Security have asked the court to allow adjudication of new DACA applications outside Texas, arguing that Dreamers nationwide should not be penalized by a geographically limited ruling.

Legal analysts expect that whichever way the Texas court rules next, the case is likely to head back to the U.S. Supreme Court for a final decision on DACA's future in 2026. This ongoing legal uncertainty affects approximately 600,000 current DACA recipients and thousands more potential applicants who arrived in the United States as children and have built their lives in the country.

The business community has consistently supported DACA recipients, noting their significant contributions to the workforce and economy. Many work in essential industries including healthcare, education, and technology, with studies showing DACA recipients contribute billions annually to the U.S. economy. The program's instability creates workforce uncertainty for employers who rely on these workers' skills and expertise.

For those affected by these developments, consulting experienced legal professionals through resources like https://www.bolourcarl.com may provide insight into how these developments affect both pending and future filings. While the current situation creates frustration for potential applicants, the government's continued acceptance of new applications signals its commitment to preserving the program pending final court resolution.