(UNITED STATES) The federal government will keep accepting DACA packets from first-time applicants but cannot process or approve them under a continuing court order, while renewals move forward, according to the latest federal guidance. As of September 30, 2025, U.S. Citizenship and Immigration Services (USCIS) is holding, not adjudicating, all new, or “initial applications,” for Deferred Action for Childhood Arrivals (DACA). Only people who already have DACA, or had it in the past, are seeing their renewal cases handled and their work permits extended.
The policy rests on a series of rulings that have reshaped the program over the past several years. On January 17, 2025, the U.S. Court of Appeals for the Fifth Circuit affirmed that the DACA Final Rule is unlawful, keeping in place the nationwide bar on processing new applications. That ruling did not end DACA entirely, but it locked the agency into a limited posture: renewals proceed, initial applications sit in limbo, and families wait for a higher court to resolve the program’s future.

USCIS says it will continue to accept filings from first-time applicants, but the agency cannot take action beyond receipt due to the court order. For many young people who would qualify under the program’s guidelines, this means mailing an application today will not lead to a decision. Their paperwork will be received and held. There is no timeline for when adjudication could resume.
Policy status and legal context
The Fifth Circuit’s 2025 decision also narrowed some benefits for Texas residents, though the central restriction—no processing of new DACA applications—applies nationwide. The case is still active, and legal observers expect possible U.S. Supreme Court review later in 2025, but there is no set date. Until then, USCIS guidance remains steady: renewal requests are being processed; initial applications are not.
This split-track system has real effects across the United States. Employers can keep DACA workers on payroll if they renew on time, schools can confirm continuing work authorization for student employees with DACA, and families can plan around the renewal window. But people aging into eligibility for the first time cannot get protection or work clearance at this stage.
According to analysis by VisaVerge.com, the current posture creates two main groups:
- Those who can maintain status by renewing within the recommended window.
- Those who qualify on paper but must wait until litigation shifts.
USCIS recommends filing 120–150 days before the current DACA expiration so there is no gap in work authorization. This helps avoid job interruptions and driver’s license issues in many states.
USCIS’s official page confirms the standing rules and cautions applicants to check for updates as litigation develops. For ongoing updates and official instructions, consult the USCIS DACA page.
Impact on applicants and practical next steps
For current recipients, the message is clear: renew early and track your receipt notices. Processing times can change, and renewal requests often include employment authorization forms. Filing within the 120–150 day window helps prevent lapses that could lead to job loss or payroll problems.
If a renewal is delayed after timely filing:
- Many employers will accept the receipt notice paired with automatic extension policies where applicable.
- Workers should verify state and employer rules to confirm whether a receipt notice is sufficient for continued employment or benefits.
For first-time filers, the situation is tougher. USCIS will accept an initial package, but it will not be processed or approved while the court order stands. Applicants face practical tradeoffs:
- Filing now may secure a place in line if approvals resume later.
- Filing now ties up filing fees and provides no immediate protection, work permit, or decision date.
Some families prefer to wait for clearer legal news; others choose to file now based on legal advice. In all cases, applicants should keep records ready and organized.
Recommended documents and preparation
Keep the following documents current and organized to move quickly if adjudications resume:
- Proof of identity (passports, national IDs)
- School records (transcripts, enrollment verification)
- Evidence of continuous residence
- Any prior USCIS notices or immigration documents
Specific considerations for Texas residents
Texas residents face added limits following the Fifth Circuit’s decision. While renewals still move forward, certain benefits related to work authorization have seen extra constraints in that state. The core reality remains: no new DACA grants can be issued.
What you can do while waiting
People considering next steps often ask what they can do during the pause. Recommended actions:
- Track court developments weekly through official channels and trusted legal groups.
- Renew DACA early if you already hold it, staying within the 120–150 day window.
- Keep proof of identity, residence, and education ready in case initial adjudications reopen.
- Speak with a qualified immigration attorney about other forms of relief (family-based options, humanitarian programs) depending on individual facts.
- Verify that any representative is licensed and avoid scams — the government will never ask for payment by phone or email.
- Track case status through your USCIS online account using your receipt number, and keep your mailing address current.
The litigation path ahead remains uncertain. If the Supreme Court agrees to hear the case later this year, briefing and argument could stretch into 2026. During that time, USCIS policy is unlikely to change unless a court modifies the injunction.
Effects on communities, schools, and employers
Despite the legal freeze on initial applications, community groups report steady demand from young people who meet the traditional criteria and want to work legally, support family budgets, and continue schooling without fear. Counselors at colleges and high schools say the hold has left students feeling stuck between eligibility on paper and a system that cannot act on their files.
Employers are adapting by:
- Training HR teams to handle I-9 reverifications for renewals.
- Avoiding discriminatory practices against workers affected by these shifts.
- Accepting receipt notices where state or employer policy allows.
Officials under both President Trump and President Biden have acknowledged the program’s complex history. But today’s practical guidance is narrow and rule-bound: accept, hold, and wait on first-time filings; adjudicate renewals; follow the court order. USCIS has not announced any timeline for resuming initial processing, and it warns the public to avoid scams promising faster approvals.
Bottom line
- DACA continues, but only for those already in it.
- New applicants can file, but their cases will be received and held with no decision until the courts say otherwise.
- For many families, that means living with uncertainty, keeping documents ready, and renewing on time to preserve jobs and stability as the legal fight continues.
This Article in a Nutshell
Federal guidance as of September 30, 2025 states USCIS will accept but hold all first-time DACA applications due to a continuing court order. The Fifth Circuit’s January 17, 2025 decision found the DACA Final Rule unlawful, enforcing a nationwide bar on processing initial applications while allowing renewals to proceed. Those with current or previous DACA can file renewals and often obtain employment authorization extensions; applicants becoming newly eligible cannot receive protection or work permits now. USCIS recommends filing renewals 120–150 days before expiration, tracking receipt notices, and monitoring litigation and official USCIS updates. Texas faces additional constraints from the Fifth Circuit ruling. Filing an initial package may reserve a place in line but provides no immediate benefits; applicants should keep documents ready and consult qualified legal counsel.