DHS Issues Regulation to Preserve and Fortify DACA
The Deferred Action for Childhood Arrivals (DACA) program remains under significant legal challenge, with hundreds of thousands of recipients living in continued uncertainty about their future in the United States. While the program continues to operate for current recipients, major developments throughout 2025 have reshaped its landscape.
What's Still Working
Renewals Continue Nationwide: Current DACA recipients can still renew their status every two years. As of March 31, 2025, there are approximately 525,210 active DACA recipients in the United States. The U.S. Citizenship and Immigration Services (USCIS) continues to process renewal applications.
Work Authorization Remains Valid: DACA recipients nationwide maintain their employment authorization documents (EADs), which allow them to work legally in the United States.
Deportation Protection: The program is designed to protect recipients from deportation, though enforcement of this protection has become increasingly inconsistent.
What's Not Working
No New Applications Being Processed: Since July 16, 2021, USCIS has been enjoined from approving initial DACA applications due to a federal court injunction from the U.S. District Court for the Southern District of Texas. This means that young people who would otherwise qualify for DACA cannot access the program's protections.
Increasing Enforcement Actions: Approximately 20 DACA recipients have been arrested or detained by immigration authorities since President Trump took office in January 2025. In some cases, recipients have been given only two weeks' notice before their DACA status was terminated.
Healthcare Access Eliminated: As of August 25, 2025, DACA recipients are no longer eligible for Affordable Care Act Marketplace coverage following new regulations published by the Trump administration in June 2025.
Major Legal Developments
January 2025: Fifth Circuit Court Ruling
On January 17, 2025, the U.S. Court of Appeals for the Fifth Circuit issued a ruling that found the DACA program unlawful but limited the immediate impact of its decision. The court determined that DACA's deportation protection component is lawful, but ruled that the work permit authorization is potentially unlawful.
Crucially, the Fifth Circuit limited the scope of its ruling to Texas only and stayed the impact, meaning current DACA recipients can continue renewing their status and work permits. The case was sent back to Judge Andrew Hanen to determine implementation details.
September 2023: District Court Ruling
Judge Hanen ruled that the 2022 DACA Final Rule issued by the Biden administration was unlawful, finding that the attempt to codify DACA through formal regulations did not resolve fundamental legal issues with the program.
The 2022 Final Rule
The Biden administration had attempted to preserve DACA by codifying it through formal rulemaking. This DACA Final Rule, effective October 31, 2022, aimed to:
Maintain the original 2012 DACA policy framework
Allow DACA recipients to get work permits
Affirm that DACA recipients are lawfully present for immigration purposes
However, this rule was struck down by federal courts in 2023.