By Richard T. Herman, Immigration Attorney (Herman Legal Group)
Published: October 27, 2025
Current Status: No Final Ruling Yet on DACA Case
As of late October 2025, the federal court case Texas v. United States (Texas III, 126 F.4th 392, 422 (5th Cir. 2025)) remains pending before the U.S. District Court for the Southern District of Texas.
There has been no decision yet from Judge Andrew Hanen, and no change to current DACA operations.
Key Insight:
USCIS is not processing new or initial DACA applications at this time. Only renewals continue to be adjudicated under existing rules.
Court Briefing Timeline and Delay Due to Government Shutdown
- On September 29, 2025, both the Department of Justice (DOJ) and plaintiffs submitted their first round of briefs responding to questions raised in Judge Hanen’s July 2025 order.
- Response briefs were originally due October 20, 2025, and reply briefs were scheduled for October 27, 2025.
- However, due to the ongoing federal government shutdown, DOJ requested an extension.
- Exact deadlines remain unclear, depending on when the government reopens.
Once all filings are complete, Judge Hanen is expected to issue a ruling, which could significantly affect how USCIS handles initial and renewal DACA requests.
Fast Fact:
The outcome of this case could shape whether USCIS can resume approving initial DACA applications for the first time since 2021.
What the Government’s Proposal Suggests
In its filing, the Department of Justice outlined a plan describing how USCIS could act if Judge Hanen agrees with the government’s position.
Here’s what that plan could look like:
1. Applicants Outside of Texas
If you live outside the state of Texas, USCIS could begin adjudicating new, initial DACA applications — including both:
- Form I-821D (Deferred Action for Childhood Arrivals)
- Form I-765 (Application for Employment Authorization)
This means eligible applicants in other states might once again receive both deferred action and work permits.
2. Applicants Residing in Texas
If you currently live in Texas, USCIS could approve deferred action but would not issue an Employment Authorization Document (EAD).
- If you filed both forms, the EAD fee would be refunded.
- If you move outside of Texas and update your address with USCIS, your eligibility for a work permit could be restored.
Expert Tip:
Clients planning to move out of Texas should promptly file a Change of Address (Form AR-11) to avoid missing future eligibility updates.
3. DACA Renewals Nationwide
For renewal requests, the status quo would remain in place — meaning:
- USCIS would continue fully adjudicating renewals nationwide,
- Including for applicants living inside Texas.
So, if your DACA is up for renewal, file as normal. These applications remain protected under the court’s current stay order.
Practical Guidance for DACA Recipients and Applicants
While awaiting Judge Hanen’s ruling, DACA recipients and immigration lawyers should take the following steps to stay proactive:
1. Keep Contact Information Updated
Make sure USCIS has your current mailing address, email, and phone number on file.
- File a Change of Address (COA) online or by mail if you’ve moved.
- Always keep a copy of the COA confirmation for your records.
🔗 USCIS Change of Address Options
2. Track Your Case Status Regularly
Use the USCIS Case Status Online Tool to:
- Monitor the progress of pending DACA filings
- Record notice dates
- Set reminders for follow-up or renewal deadlines
3. Keep Clients and Families Informed
If you’re an attorney or advocate, regularly update clients about:
- The pending Texas v. United States case
- Any new announcements from USCIS or DOJ
- How changes may affect their DACA renewal or EAD eligibility
📘 Helpful resource: Client Flyer – Deferred Action for Childhood Arrivals
What to Expect Next
- The next phase of the case depends on when the federal government resumes full operations.
- After briefing concludes, Judge Hanen is expected to issue a written decision that could either:
- Reinstate initial DACA approvals,
- Restrict or modify work permit eligibility, or
- Further limit USCIS discretion under federal immigration law.
Important Note:
Until an official ruling is issued, no new DACA benefits or employment authorizations will be granted for first-time applicants.
Stay Connected and Updated
Herman Legal Group will continue to monitor developments in the DACA case and provide timely updates for Dreamers, families, and employers.
💬 If you or your family depend on DACA protections, now is the time to prepare and ensure your information is up to date.
Schedule a confidential consultation at LawFirm4Immigrants.com/book-consultation.
Key Takeaways
- No ruling yet in Texas v. United States (Texas III) as of October 27, 2025.
- Initial DACA applications remain on hold — only renewals are being processed.
- Government shutdown delays court deadlines and rulings.
- Applicants outside Texas could eventually see approvals resume if Judge Hanen agrees with DOJ’s proposal.
- Applicants in Texas might get deferred action only — without work permits.
- Renewals remain fully active nationwide, including Texas.
- Stay alert, update your address, and check case status regularly.
About the Author
Richard T. Herman, Esq. is a nationally recognized immigration attorney with over 30 years of experience helping immigrants, Dreamers, and families navigate complex U.S. immigration laws.
He is the founder of the Herman Legal Group — proudly known as “The Law Firm for Immigrants.”
📘 Co-author of Immigrant, Inc.
