DACA Recipients Continue Facing Detention Despite Legal Protections

(TEXAS) DACA recipients across Texas and nationwide report detentions by immigration officers even while holding current protections, as a January 17, 2025 Fifth Circuit ruling kept renewals alive but declared the program unlawful. The split decision preserves work authorization for many and fuels fear about sudden enforcement.

Deferred Action for Childhood Arrivals defers deportation and grants work permits to certain people brought to the United States as children. It is not legal status. That distinction matters: legal groups report recipients have been detained during routine stops and enforcement sweeps, then released after lawyers intervened, because DHS retains discretion in every case.

The Fifth Circuit also sent the case back to U.S. District Judge Andrew Hanen in Texas to decide if and when Texas may sever work authorization from DACA recipients, adding uncertainty for workers and employers. USCIS continues to process renewals, but the timing and future scope of work permits could shift with further orders.

Legal status and court timeline

The court’s order leaves a narrow lane: current recipients and those whose DACA expired less than one year ago may keep renewing both deferred action and employment authorization. By contrast, initial DACA requests are accepted by USCIS but are not processed or approved.

Renewal processing has recently averaged about one to four months, with a median near one month in fiscal 2023 and slightly longer waits early in 2024. The Supreme Court is expected to decide DACA’s fate by mid-2025.

President Biden’s administration issued a regulation intended to shore up the program, but court orders still block first-time approvals. In 2020, the Supreme Court prevented the Trump administration from ending DACA on procedural grounds, without ruling on the program’s legality.

As litigation continues, USCIS cannot approve new applicants, leaving many who would qualify without protection or work authorization. That gap raises detention risk for people without current deferred action, even if they meet all eligibility criteria.

For people who never received DACA but meet the rules, the door remains closed. USCIS accepts first-time filings, but the agency cannot evaluate or approve them under current orders. That leaves would‑be applicants without deferred action or an Employment Authorization Document (EAD), exposed to detention and job loss even if they grew up here and meet every requirement.

Renewal remains the one workable track. The typical package includes:
– Form I-821D (Consideration of Deferred Action for Childhood Arrivals)
– Form I-765 (Application for Employment Authorization)
– I-765WS worksheet

USCIS advises filing 120–150 days before expiration. Most cases finish within about one to four months. When approved, recipients receive new deferred action and a new EAD with a fresh validity date.

Judge Hanen has questioned DACA’s legality from the start. The Fifth Circuit kept that view while leaving renewals in place. USCIS carries out renewals but cannot open the program to new people. DHS continues to set enforcement priorities, which is why detentions still occur. Advocacy groups say only Congress can deliver permanent status and end the cycle of court fights.

DACA recipients come from nearly 200 countries of birth and live in every state. Many are teachers, nurses, software testers, and construction leads. Employers warn any shock to work authorization would ripple far beyond Texas, given multistate operations and remote work. Families fear losing income and health coverage at the same time, especially as the CMS rule narrows Marketplace options.

Detentions and practical steps

Even with an approval notice, DACA can be terminated at any time, and DHS may detain individuals who trigger enforcement priorities. Confusion created by partial injunctions and changing guidance has led to uneven application of protections.

As of September 30, 2024, about 538,000 people held active DACA. According to analysis by VisaVerge.com, the Fifth Circuit’s remand on work authorization in Texas is a key pressure point, because any change to EADs would ripple through hiring, I-9 checks, and payrolls statewide.

Access to healthcare is tightening. On June 25, 2025, the Centers for Medicare and Medicaid Services issued a rule excluding DACA recipients from the definition of “lawfully present” for Affordable Care Act programs. The change takes effect 60 days after publication, limiting Marketplace options and adding to the program’s fragile safety net.

Practical steps for recipients and employers

• Renew 120–150 days before expiration. Early filing helps prevent gaps in protection and work authorization.
• File the renewal package with:
  • Form I-821D (Consideration of Deferred Action for Childhood Arrivals)
  • Form I-765 (Application for Employment Authorization)
  • I-765WS worksheet
  • Use the official forms here: I-821D: https://www.uscis.gov/i-821d; I-765: https://www.uscis.gov/i-765.
• Keep copies of approval notices and a valid EAD on hand. Present them if questioned by officers or employers’ compliance teams.
• If detained:
  1. Call an attorney immediately.
  2. Share proof of current DACA.
  3. Ask counsel to request release and correct any record errors.
• Employers should follow normal I-9 rules only and avoid extra demands aimed specifically at DACA holders.

For official updates and eligibility details, see USCIS’s DACA page: https://www.uscis.gov/DACA. The agency confirms that current DACA and related EADs remain valid until their expiration dates, unless DHS ends them case by case.

Advocacy groups, including the Immigrant Legal Resource Center and Immigration Equality, urge early renewals and a basic safety plan in case of detention. They continue to press Congress for a permanent solution that offers a clear path to lawful status and citizenship.

The Fifth Circuit’s stance underscores the stakes: by upholding a finding that DACA is unlawful yet allowing renewals to continue for now, the court created a holding pattern that protects many workers but keeps the foundation weak.

What happens next rests with the courts and, ultimately, with Congress. Pending rulings could change who can renew and whether work authorization stays tied to deferred action in Texas.

Until then, the guidance is direct:
– Renew early, keep documents current, seek legal help fast if detained, and follow official sources.
– For now, initial DACA requests remain on hold, and renewals are the only way to keep protection and work authorization in place while litigation runs its course.