USCIS Accepts New DACA Applications But Cannot Process Them Under Court Orders
U.S. Citizenship and Immigration Services is now accepting new DACA applications but cannot process or approve them due to ongoing court restrictions, creating uncertainty for thousands of Dreamers while signaling potential shifts in the program's legal future.
The U.S. Citizenship and Immigration Services (USCIS) announced it is accepting new DACA applications but cannot process or approve them under current court orders, creating a complex situation for thousands of potential applicants. This development represents a significant moment in the ongoing legal battle over the Deferred Action for Childhood Arrivals program, which provides protection from deportation and work authorization for undocumented individuals who arrived in the U.S. as children.
The current status reflects the continuing impact of court challenges that found DACA was not lawfully implemented. As of October 2025, USCIS confirms that renewal applications for current and prior DACA recipients continue to be processed nationwide, while initial applications are being accepted but placed on hold. The agency will receive and store filings but will not review, adjudicate, or issue work authorization until further court direction is given. This "accept but don't process" approach stems directly from the injunction still in place under the Texas court order.
The legal background reveals why this situation has developed. DACA was first established in 2012, but a series of court challenges—most notably in the Southern District of Texas and the Fifth Circuit Court of Appeals—have challenged its implementation. In January 2025, the Fifth Circuit issued a decision striking down key portions of the Biden Administration's DACA regulation but stopped short of completely ending the program. The court sent the case back to Judge Andrew Hanen to determine how the program should operate moving forward.
Advance Parole for travel remains available to current DACA holders on a case-by-case basis, providing some continuity for existing program participants. However, for new applicants, the situation remains in limbo. The Department of Justice and Department of Homeland Security have asked the court to allow adjudication of new DACA applications outside Texas, arguing that Dreamers nationwide should not be penalized by a geographically limited ruling. That proposal remains pending before Judge Hanen.
Legal analysts expect that whichever way the Texas court rules next, the case is likely to head back to the U.S. Supreme Court for a final decision on DACA's future in 2026. This ongoing legal uncertainty affects approximately 600,000 current DACA recipients and thousands more potential applicants who have been waiting for the opportunity to apply. The program's future remains tied to judicial decisions that will determine whether new applicants can finally receive the protections and work authorization that current recipients enjoy.