About 90,000 DACA recipients in Texas face losing their work permits after the U.S. Court of Appeals for the Fifth Circuit ruled on January 17, 2025 that parts of the DACA rule are unlawful in Texas. The ruling, put into effect by a mandate on March 11, 2025, keeps deportation protection but cuts off work authorization in Texas. The district court will set how and when this change happens.
What the ruling changes now
- The Fifth Circuit’s decision applies only to Texas. DACA protections, including work permits, remain in the other 49 states.
- The court kept a stay while appeals continue, so current DACA recipients can still renew their status and work permits for now, including in Texas.
- No new work permits will be issued in Texas under DACA once the district court implements the severance. Current Texas DACA holders keep their existing EADs until they expire.
- USCIS is still processing renewals nationwide and advises filing renewals 120–150 days before expiration to avoid gaps.
- USCIS extended some EAD categories up to five years, but this does not change the Texas DACA work permit loss tied to the Fifth Circuit’s order.
Important: renewals continue for the moment, but the district court’s forthcoming orders will determine exactly when Texas work-authorizations under DACA stop.
What this means for people in Texas
Texas DACA recipients will retain deportation protection but may lose the right to work once their current EADs expire. Many may also lose driver’s licenses that depend on valid work permits. This creates a separate reality for Texas, while people in other states keep both deportation protection and work authorization.
Examples of likely impacts:
– A 24-year-old DACA nurse in Houston could keep deportation protection but lose her hospital job when her EAD runs out.
– A 30-year-old tech worker in Austin might be able to renew now, but a later court order could block the next renewal, forcing job changes or job loss.
– Employers face staff turnover and training costs.
– Families risk income loss and health insurance gaps.
– Students who rely on work to pay tuition may pause or drop out.
What’s next in court
- The district court in Texas will detail the timeline and steps to sever work authorization from DACA protections.
- The Biden Administration is appealing; the case could return to the Supreme Court.
- Until new orders arrive, renewals continue.
- Legal advocates expect more instructions from the district court that will shape when Texas renewals for work permits stop.
Official positions
- Biden Administration: Defends DACA and seeks to keep renewals with work authorization.
- Texas officials: Argue DACA exceeds executive power.
- Advocacy groups (National Immigration Law Center, United We Dream): Urge recipients to renew early and plan for a period without work authorization.
Background — how we got here
- DACA began in 2012 to protect certain undocumented youth from deportation and to grant work permits.
- In 2022, the Fifth Circuit agreed with a Texas judge that DACA was unlawful but allowed existing recipients to keep protections while the government issued a new rule.
- The 2025 Fifth Circuit action goes further in Texas by separating work authorization from deportation protection, a major shift because the ability to work legally has been central to DACA’s stability for families and employers.
Key numbers and dates
| Item | Detail |
|---|---|
| Affected in Texas | About 90,000 DACA recipients may lose work permits as EADs expire |
| Fifth Circuit ruling | January 17, 2025 |
| Mandate effective | March 11, 2025 |
| USCIS renewal window | 120–150 days before EAD expiration |
Practical steps for DACA recipients in Texas
- Renew now. If your DACA and EAD expire within the next 5 months, file as soon as possible. USCIS continues to accept renewals while the stay remains in effect.
- Track your case. Use your USCIS online account to watch for Requests for Evidence (RFEs) or notices that could delay approval.
- Prepare for gaps.
- Ask your employer about leave options or remote roles that don’t require immediate I-9 re-verification.
- Consider short-term assignments outside Texas where legally permissible.
- Consult a lawyer. Explore:
- Family-based petitions
- Temporary Protected Status (if eligible)
- Special Immigrant Juvenile Status
- U visas (for certain crime victims)
- Employment-based sponsorship
Note: these paths have strict rules and wait times.
- Keep ID current. If you have a driver’s license based on DACA EAD, check state rules and renewal dates; plan transportation alternatives.
- Save documents. Maintain proof of continuous presence, school records, and identity papers to support renewals or future relief.
- Stay informed. Follow trusted sources and official updates for court orders and USCIS guidance.
Employer guidance
- Audit timelines: List DACA employee EAD expiration dates and plan staffing changes. Employees can work until the EAD’s last valid day—do not terminate prematurely.
- Support renewals: Provide employment letters or documentation quickly when requested for renewal packets.
- Consider transfers: Where legal and practical, explore moving roles to other states that still recognize DACA work permits.
- Train HR teams: Ensure proper I-9 reverification only at EAD expiration. Avoid screening out applicants based on DACA status.
Student and family impacts
- Students may lose on-campus jobs or internships tied to Form I-9.
- Families may lose household income and employer-provided health coverage.
- Community colleges and nonprofits can assist with tuition planning, food assistance, and mental health support.
- Parents in mixed-status households should update emergency caregiver plans and powers of attorney.
Possible policy outcomes
- Court path: The Fifth Circuit case may reach the Supreme Court. A final ruling could:
- Keep the Texas split,
- End DACA work permits more broadly, or
- Restore them if the rule survives.
- Congress: Legislation such as the American Dream and Promise Act remains stalled; without legislation, outcomes depend on courts.
- Administrative steps: USCIS can clarify processing under the stay and how the district court’s orders will apply in Texas.
Where to get official information
USCIS provides updates and filing instructions on its DACA page: https://www.uscis.gov/DACA. That page includes renewal guidance, fee info, and alert banners if court orders change processing.
Form links and filing tips
- Form I-821D, Consideration of Deferred Action for Childhood Arrivals: https://www.uscis.gov/i-821d
- Form I-765, Application for Employment Authorization: https://www.uscis.gov/i-765
- Form I-765WS, Worksheet for DACA-based EAD: https://www.uscis.gov/i-765 (linked under DACA section)
Filing tips:
– File 120–150 days before expiration.
– Keep mailing receipts and tracking numbers.
– Use a stable mailing address that won’t change soon.
Quotes from advocates and officials
“People should renew as soon as possible while the stay remains,” said a legal advocate with a Texas-based immigrant rights group, noting that the district court’s next order will shape when work permits stop in Texas.
A senior DHS official said the Administration “will continue to defend DACA and fight for Dreamers through the courts and Congress.”
What recipients can do today
- Check your EAD expiration date.
- If within 5 months, file I-821D, I-765, and I-765WS now.
- Speak with a qualified attorney about other options.
- Talk to your employer about contingency plans and timing.
- Sign up for text and email alerts from trusted organizations.
Warning: This is a developing legal situation. Timelines and practical effects depend on upcoming district court orders.
Bottom line
The Fifth Circuit’s Texas-only ruling separates work authorization from DACA protection, putting about 90,000 people at risk of losing jobs when EADs expire. While appeals continue, renewals remain open. Act early, gather documents, and get legal guidance. This is a moving case; the timeline depends on future district court orders.
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