Get the Facts: Why DACA’s Future Remains Uncertain in 2025

A split ruling from the U.S. Court of Appeals for the Fifth Circuit on January 17, 2025 has reshaped the ground under the Deferred Action for Childhood Arrivals program, or DACA. The court said DACA’s core protection from deportation remains lawful nationwide, but it raised legal problems with the program’s work permits in Texas only. No one appealed to the Supreme Court by the May 20, 2025 deadline, so the ruling is now moving toward practical effect.

USCIS continues to accept renewals across the country and says current grants remain valid until they expire or are ended for individual reasons.

Fifth Circuit ruling and current status

The Fifth Circuit took a narrow approach: it upheld deportation protection but pointed to harm claimed by Texas tied to work permits. That means an injunction on work authorization applies only in Texas, not in other states.

The court also sent the case back to the district court in Texas to figure out how to “sever” work authorization from DACA in that state. There is no final district court guidance yet on how that will work in practice.

For now, USCIS says it is:

• Processing DACA renewal requests nationwide.
• Accepting work authorization applications that accompany renewals everywhere except Texas.
• Allowing initial DACA filings to be submitted again because the Fifth Circuit opened that door, but it has not fully restarted approvals for first‑time applicants and is waiting on further steps before completing those cases.

Analysis by VisaVerge.com shows the number of active DACA recipients fell by about 8,000 between December 31, 2024 and March 31, 2025, reflecting the program’s unsettled state and the caution many families feel. Even so, USCIS reports relatively fast renewal processing, with median times around 1–2 months in early 2025 (compared with a roughly 1‑month median in FY2023).

USCIS has maintained a running updates page at uscis.gov/DACA, where applicants can check current policy, forms, and processing time snapshots.

Important: Current DACA grants and related work permits remain valid until they expire or are ended for specific case reasons. This is critical for employers verifying I‑9 documents and for students who need continued status for aid or internships.

What this means for renewals and first‑time applicants

The headline for most people: renewals remain open. USCIS recommends that DACA recipients file 4–5 months before expiration to prevent any gap in protection or work authorization. That timing is important for workers, students, and families who need uninterrupted proof of status for jobs, school, and driver’s licenses.

Initial DACA applicants can now submit requests again, but approvals are not moving forward yet. Since July 2021, no new first‑time approvals have been issued because of the ongoing Texas litigation. The January 2025 ruling changed the legal posture, but USCIS is proceeding cautiously and has not started final decisions on first‑time cases. People who qualify may still choose to file now so their place in line is set for when processing resumes.

Renewal checklist (what applicants should do):

1. Check your expiration date. Find it on your Form I‑797 approval notice or your Employment Authorization Document.
2. File within the window. USCIS suggests renewing 120–150 days before expiration (about 4–5 months).
3. Submit the required forms together:
   • 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 showing economic need): https://www.uscis.gov/i-765ws

USCIS aims to decide renewals within 120 days and has publicly stated it is working to keep adjudications steady. Applicants should keep copies of all forms, filing receipts, and USCIS notices.

Texas‑specific work permit limits and next steps

The Fifth Circuit found a concrete injury tied to work permits specifically in Texas. As a result:

• DACA recipients in Texas retain deferred action (protection from deportation) while their grant is valid.
• Work permits linked to DACA may be restricted in Texas due to the injunction. USCIS has flagged this and is awaiting district court guidance on how to handle already‑filed employment applications for Texas residents.
• Outside Texas, the nationwide rule still applies: DACA recipients can continue to apply for and receive employment authorization connected to a valid DACA grant under current USCIS practice.

The Fifth Circuit sent the case back to the Texas district court to sort out the mechanics of separating work authorization from DACA protections. Until the district court issues clear instructions and USCIS updates its guidance, day‑to‑day impacts could vary for people in Texas.

Background and policy context

• DACA was created in 2012 by executive action to protect certain young people brought to the United States as children.
• In 2021, a Texas federal judge blocked first‑time DACA approvals but allowed renewals.
• The Fifth Circuit’s January 2025 ruling is the latest chapter: deportation relief remains nationally, but job authorization is more contested in Texas.

Advocacy groups such as the ACLU and the National Immigration Law Center have pushed Congress to pass a permanent law for Dreamers. They argue an act of Congress is needed because executive action and court orders leave families in uncertainty. Many immigration law specialists agree a lasting solution will require congressional action. Litigation could continue into late 2025 or later.

Practical tips and recommendations

• Renew early. Filing 4–5 months ahead reduces the chance of a gap in status or work permission.
• Track your filings. Keep copies of all forms, receipts, and USCIS notices.
• Use official sources. For policy updates and forms, go to the USCIS DACA page: https://www.uscis.gov/DACA.
• Get legal help when needed. Texas‑based applicants with employment questions may want counsel as the district court issues new steps.
• Consider filing initial packages now. USCIS will accept initial DACA packages so it can prepare cases; final approvals are paused, but filing secures a place in line.

Data snapshot and final outlook

• Active DACA recipients dropped by roughly 8,000 from Dec 31, 2024 to Mar 31, 2025, illustrating the program’s instability and the caution shown by many families.
• Median processing times for renewals remained around 1–2 months in early 2025, supporting continuity for many workers and students.

As the Texas district court works on severability and USCIS updates procedures, community groups continue to urge DACA recipients to stay informed and renew on time. Without congressional action, the Fifth Circuit decision—and any follow‑up orders from the Texas court—will keep shaping DACA’s reach, especially regarding work permits inside Texas.