USCIS Accepts New DACA Applications but Cannot Process Them Due to Court Restrictions

The U.S. Citizenship and Immigration Services (USCIS) announced it is accepting new DACA applications but cannot process or approve them due to ongoing court restrictions, creating a complex situation for potential applicants. This development comes amid continuous legal challenges to the Deferred Action for Childhood Arrivals program, which provides protection from deportation and work authorization for undocumented individuals who arrived in the United States as children.

The current status reflects the ongoing legal battle that has plagued DACA since its establishment in 2012. Recent court decisions, particularly from the Southern District of Texas under Judge Andrew Hanen and the Fifth Circuit Court of Appeals, have determined that DACA was not lawfully implemented. In January 2025, the Fifth Circuit struck down key portions of the Biden Administration's DACA regulation while stopping short of completely terminating the program, sending the case back to Judge Hanen for further determination.

Under the current framework, USCIS confirms that renewal applications for existing DACA recipients continue to be processed nationwide without interruption. However, initial applications from first-time applicants are being accepted but placed on indefinite hold. The agency will receive and store these filings but will not review, adjudicate, or issue work authorization until further court direction emerges. Advance Parole for international travel remains available to current DACA holders on a case-by-case basis.

This acceptance without adjudication approach stems directly from the injunction still in place under the Texas court order. Until that order is modified or lifted, no new DACA grants can be approved regardless of application submission. The Department of Justice and Department of Homeland Security have requested that the court permit adjudication of new DACA applications outside Texas, arguing that Dreamers nationwide should not face penalties due to a geographically limited ruling. That proposal remains pending before Judge Hanen.

Legal experts anticipate that regardless of the Texas court's next decision, the case will likely return to the U.S. Supreme Court for a final determination on DACA's future in 2026. The program continues to stand at the center of legal and political debate in the United States, with this latest development representing both a technical step and a potential turning point in the ongoing litigation surrounding Dreamers' protections.