(TEXAS) Texas could soon become the only state where young immigrants protected from deportation under DACA can no longer work legally, a looming shift that has DACA recipients weighing whether to leave the state to keep their jobs. A ruling by the U.S. 5th Circuit Court of Appeals in January 2025 found it illegal for the federal government to issue work permits to DACA recipients in Texas, though it left deportation protections intact. The case now sits with U.S. District Court Judge Andrew Hanen in Brownsville, who is set to decide how to implement the decision once proceedings resume after a pause tied to a federal government shutdown. For more than 86,000 DACA recipients in Texas, including roughly 4,300 health care workers, the stakes are immediate: if work authorization ends in Texas, many say they will move to nearby states to keep working.
Under a plan outlined by the Department of Justice, DACA recipients in Texas would lose the right to work in the state but would still be shielded from deportation. They would be able to work in other states, a distinction that is already prompting nurses, teachers, and other professionals to map exit routes to Colorado, New Mexico, and beyond. As of November 3, 2025, there is no immediate change for current DACA holders in Texas because work permits remain valid under a partial stay. But the Texas Immigrant Legal Center says that if the court lifts the current partial stay, DACA holders would get just 15 days’ notice before any work permit revocation takes effect, a tight window that has many preparing to move on short notice.
Valeria Herrera, a 27-year-old pediatric nurse in Austin, said she has renewed her DACA work permit five times since she first applied in 2012 and estimates she has spent over $11,000 in legal and processing fees to maintain her status. Herrera, who was brought to the United States from Monterrey, Mexico, at age 2, said:
“Even though I knew I was an immigrant and had DACA, the magnitude of all that didn’t hit me until I lost my mom. She was very much in control of our situation, and she helped me fill out my first DACA application before she passed away.”
She is now considering moving to Colorado to continue her nursing career if Texas becomes the only state where DACA recipients cannot legally work. Her plan is simple: find a pediatric unit that needs her, move through the licensing transfer, and avoid a gap in care for the children she serves.
The potential change would fall hardest on DACA recipients working in fields already facing shortages, especially health care. Nationwide, an estimated 29,000 health care workers are DACA recipients, including about 4,300 in Texas. Hospital systems and clinics have leaned on these workers to staff pediatric wards, urgent care clinics, and rural facilities. Advocates and employers warn that if Texas blocks work authorization for DACA recipients, the state could lose thousands of trained professionals at once, compounding staffing gaps that widened during the pandemic. Some health workers say their managers have urged them to stay if possible, but the calculus shifts sharply if they can keep their careers by crossing a state line.
Ivonne Cruz, a nurse practitioner who asked to be identified by part of her full name due to fear of backlash, said the proposed policy would force her to quit her job and relocate to a nearby state that needs nurse practitioners.
“The argument that we’re taking away resources from the state, I think, is simply not true. As a teenage single mother, I was able to pay my way through school. So, I’m not here to take anything from anyone,” she said.
Cruz said she earned her spot in nursing school with a 4.0 GPA in community college. If the court lifts the stay, she plans to leave Texas quickly so she can transfer her license and start work as soon as possible. For her, the question is not political; it is whether she can keep treating patients who rely on her for chronic care management and preventive medicine.
The legal fight dates back to 2018, when Texas Attorney General Ken Paxton and six other states sued to end the Deferred Action for Childhood Arrivals program, arguing it was unlawful and imposed costs on states. The 5th Circuit’s January 2025 ruling did not end DACA outright but drew a new line in Texas: DACA still blocks deportations, but the federal government cannot issue work permits to DACA recipients in the state. Judge Hanen must now decide exactly how and when to apply that ruling, a decision that will shape whether existing work permits are canceled and how quickly any change happens. For the moment, the partial stay means that DACA recipients in Texas can keep using their current work permits until the court lifts the pause, if it does so.
The Department of Justice plan, as described in court filings and guidance shared with legal aid groups, would result in a patchwork where the legality of work depends on where a DACA recipient lives. Moving out of Texas would restore a DACA recipient’s ability to apply for and keep a work permit and lawful presence, according to the Texas Immigrant Legal Center; moving into Texas could trigger the loss of those benefits. That has led to an unusual kind of internal migration planning: DACA recipients assessing rental markets, licensing requirements, and school transfers in states like Colorado and New Mexico, not because of a federal rule change, but because Texas would stand apart from the rest of the country on work authorization.
For many DACA recipients, leaving Texas is a last resort. They have built careers, bought homes, and put down roots in cities like Dallas, Houston, San Antonio, and Austin. Herrera said her mother’s death forced her to take ownership of her status and budget carefully for renewals. Each two-year cycle requires legal help and federal filing fees, along with extra costs like document translations and time off for biometrics appointments.
“She was very much in control of our situation,” Herrera said of her mother, recalling how they filled out her first DACA application together.
Since then, Herrera has climbed from nursing assistant to pediatric nurse, working overnight shifts and holidays while studying for certifications. The thought of starting over in a new state, she said, is daunting but necessary if the alternative is losing her ability to work legally in Texas.
As the case sits on hold during the federal shutdown, lawyers and community groups are urging DACA recipients to monitor their renewal timelines and prepare for rapid changes. The Texas Immigrant Legal Center has emphasized the limited window that could follow any court order, warning that a 15 days’ notice period would give little time for families to move or for employers to adjust schedules. Several DACA recipients say they are lining up job interviews across state lines, so they can accept offers if the stay lifts. Others are talking to landlords about short-term leases and saving funds for moving trucks. In some households, the decision is complicated by mixed-status families, with U.S. citizen children enrolled in Texas schools and spouses whose jobs are tied to the local economy.
The uneven effect of the ruling extends beyond individuals to public services. Texas has leaned on DACA recipients in hospitals, clinics, and public health agencies, especially in underserved areas. Health care employers worry about a drain just as influenza, RSV, and COVID-19 pressures converge each winter. Cruz said she receives calls each week from clinics looking for nurse practitioners who can handle primary care loads. If she leaves, she expects her clinic to post her job for months. She worries about patients she has managed for years, from diabetes checks to prenatal care.
“I’m not here to take anything from anyone,” she said. “I’m here to work.”
The broader DACA program remains limited nationwide. Courts have blocked new enrollments in recent years, and while existing recipients can renew, the uncertainty has weighed on long-term planning for careers and families. In Texas, the 5th Circuit’s carveout on work authorization adds a new layer: a state-specific barrier that reshapes where DACA recipients can legally earn a living. New DACA applicants in Texas can receive deferred action, which defers deportation, but they cannot receive work permits or lawful presence under the current legal posture. That distinction turns daily life on its head. Without work permits, professionals can lose health insurance, driver’s license eligibility tied to employment, and the ability to support households, even as deportation protections continue.
Advocates note that the numbers are not small. Texas is home to 86,140 DACA recipients, according to June 2025 counts, a population roughly the size of a mid-sized city. The national estimate of 29,000 health care workers with DACA status includes roughly 4,300 in Texas, many of them nurses, medical technicians, and physician assistants. Losing that workforce would hit rural counties hardest, where one clinic closing day can cascade into weeks-long delays for basic care. Urban hospitals say the pressure would move to emergency rooms, where patients show up when primary care is unavailable. The idea that only a state border separates the ability to work legally makes the prospect especially frustrating for those who can step into the same job across state lines the day after they move.
The pace of the court process has left employers, schools, and licensing boards in Texas trying to plan for multiple scenarios. Some HR departments have asked employees for updates on their DACA renewals. Others are reviewing internal policies to understand what happens if a work permit becomes invalid mid-contract. Universities with DACA recipients in residency programs and research labs are exploring transfers. The administrators say they can accommodate temporary leaves, but moving programs in the middle of the year is disruptive, and tuition residency rules vary by state. For now, many are telling students and staff to watch the docket in Brownsville and stay in touch with legal counsel.
Herrera’s story, like many, is bound up with family loss and resilience.
“Even though I knew I was an immigrant and had DACA, the magnitude of all that didn’t hit me until I lost my mom,” she said.
The fees, the uncertainty, the constant renewal cycle—those costs accumulated long before the current fight. She described saving every bonus and tax refund to cover the next application, a routine she has kept through five renewals. If the partial stay lifts and work permits in Texas are revoked, she said she will leave within weeks. She has looked at hospital openings in Denver and Colorado Springs and checked licensing timelines with the state nursing board. The choice, she said, is between starting over and standing still.
Cruz’s path reflects a similar resolve. She enrolled in community college as a teenage single mother and says she earned a 4.0 GPA before moving into nursing school and then a nurse practitioner program.
“As a teenage single mother, I was able to pay my way through school,” she said.
Her clinic sees a steady stream of patients who prefer a provider who speaks Spanish and understands their neighborhoods. If she leaves Texas, she expects many of those patients will delay care. She hopes her state will allow her to stay, but she is preparing to move if necessary. In her view, the claim that DACA recipients are a drain ignores the taxes they pay and the services they provide.
“So, I’m not here to take anything from anyone,” she said.
Legal groups are urging DACA recipients to get individualized advice before making life-changing decisions. They emphasize that rules can shift quickly and that the details of a final order from Judge Hanen will matter. The Texas Immigrant Legal Center has warned that moving out of Texas would restore a DACA recipient’s ability to apply for and keep a work permit and lawful presence, while moving into Texas could cause loss of those benefits under the 5th Circuit’s framework. That means the difference between a stable paycheck and unemployment could turn on a ZIP code. For official background on eligibility and renewals, DACA recipients can review guidance on the USCIS DACA page, though Texas-specific limits would depend on the court’s final order.
For now, the clock is paused but not stopped. As long as the partial stay remains, DACA recipients in Texas can keep using their current work permits. But the possibility of a 15 days’ notice scramble hangs over workplaces and households alike. The many who have spent years building careers, buying homes, and raising families in Texas say they do not want to leave. If the choice becomes work or stay, many say they will pack up and drive north or west, trading familiarity for the ability to keep their licenses and paychecks. Until Judge Hanen issues an implementation plan, uncertainty is the rule, and DACA recipients across Texas are preparing for the hardest kind of move—the one they did not choose but may have no choice but to make.
This Article in a Nutshell
A January 2025 5th Circuit ruling declared it unlawful for the federal government to issue work permits to DACA recipients in Texas while leaving deportation protections intact. Judge Andrew Hanen will decide how to implement the decision after a pause tied to a federal shutdown; a partial stay currently preserves existing permits. Texas hosts about 86,140 DACA recipients, including 4,300 health care workers. The DOJ’s plan would bar work authorization in Texas but allow work in other states, prompting relocations and raising concerns about staffing losses and short 15-day notice windows.
