USCIS Accepts New DACA Applications but Cannot Process Them Due to Court Restrictions

The U.S. Citizenship and Immigration Services (USCIS) announced it is accepting new DACA applications but cannot process or approve them under current court orders, creating a complex situation for potential applicants. This development occurs amid ongoing legal challenges to the Deferred Action for Childhood Arrivals program that have created uncertainty for thousands of young immigrants known as Dreamers. The program, first established in 2012, provides protection from deportation and work authorization for certain undocumented individuals who arrived in the United States as children.

Current court restrictions stemming from litigation in the Southern District of Texas and the Fifth Circuit Court of Appeals prevent USCIS from processing new applications despite accepting them. 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. The court sent the case back to Judge Andrew Hanen to determine how the program should operate moving forward, creating the current legal limbo.

USCIS confirms that renewal applications for current and prior DACA recipients continue to be accepted and processed nationwide, while initial applications are being accepted but placed on hold. The agency will receive and store the filings but will not review, adjudicate, or issue work authorization 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.

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. That proposal remains pending before Judge Hanen. 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 battle highlights the precarious position of Dreamers who have built their lives in the United States but face continued uncertainty about their legal status.

While USCIS cannot currently process new applications, the decision to accept them signals the government's intent to keep the program operational pending court decisions. This creates both hope and frustration for potential applicants who must navigate this complex legal landscape. The situation underscores the need for comprehensive immigration reform that would provide permanent protection for Dreamers rather than relying on temporary administrative programs subject to legal challenges and political changes.