Q: Is DACA reopening in 2025, and can new applicants apply now?
A: As of October 10, 2025, DACA (Deferred Action for Childhood Arrivals), which was created under the Obama administration in 2012, is not open for new applications. The U.S. Citizenship and Immigration Services (USCIS) continues to process renewals for current or previously approved recipients, but cannot accept new or first-time filings due to ongoing litigation in Texas v. United States, a case decided in the Southern District of Texas.
However, new developments — including potential Supreme Court review and future DHS rulemaking — could reopen DACA depending on upcoming court rulings or executive actions. The fate of DACA remains uncertain due to unresolved legal challenges, as the program was established by executive action and not by an act of Congress, and its legal status is being challenged under various acts and statutes that could be appealed to the Supreme Court.
**Immigration Lawyer Richard Herman: “**As of October 2025, DACA remains closed to new applicants but open for renewals, pending further federal court and DHS decisions.”
What Is the Current Status of DACA Right Now (2025)?
DACA, launched in 2012 under President Obama, allows certain undocumented individuals who arrived in the U.S. as children — known as Dreamers — to obtain temporary protection from deportation and work authorization. Eligibility requirements for DACA include that applicants must have entered the U.S. before their 16th birthday and should have been under 31 years old as of June 15, 2012. Additionally, individuals must not be convicted of a felony, a significant misdemeanor, or three misdemeanors to be eligible for DACA.
But its legal standing has been contested for years. In Texas v. United States, federal courts ruled that the original program exceeded executive authority, preventing USCIS from approving new DACA applications. USCIS has suspended adjudication of new DACA applications since a federal district court issued a nationwide injunction in 2021. USCIS will continue to accept and process DACA renewal requests and initial requests but will not process initial DACA requests at this time due to a court injunction.
As of October 2025:
- USCIS continues to accept and process DACA renewals for current recipients.
- New applications (from first-time applicants) are on hold and not being approved.
- Work permits under existing DACA remain valid and renewable. More than 500,000 current DACA beneficiaries continue to receive relief under the program, with over 500,000 individuals currently enrolled in the DACA program.
USCIS guidance confirms that “individuals who have previously received DACA may continue to renew their deferred action and work authorization”, while first-time requests remain blocked by court order (USCIS DACA page). USCIS will not issue a Notice to Appear or refer a requestor’s case to ICE unless there’s a denial for fraud or threats to national security.
Eligibility Guidelines
Navigating the college application process starts with understanding the eligibility requirements for each school or university you’re considering. Whether you’re a first-time applicant or a DACA recipient, knowing what’s expected can make all the difference in your admission journey.
Most colleges and universities require applicants to have a high school diploma or equivalent, but eligibility requirements often go beyond academics. Schools may look at your GPA, standardized test scores, and involvement in extracurricular activities to determine if you’re a good fit for their campus community. It’s important to review each college’s specific criteria early in the process, as requirements can vary widely.
If you’re thinking about applying early—through early decision or early action plans—pay close attention to deadlines, which often fall between October and December. Applying early can sometimes increase your chances of admission, but it’s a commitment, especially for early decision, so make sure you’ve researched the right college for you. Taking a virtual tour or visiting campus can help you decide where to apply and where you might want to enroll if accepted.
Financial aid is another crucial factor. Many colleges offer scholarships and grants, but eligibility can depend on your status and the school’s policies. DACA recipients should be especially mindful of restrictions related to employment authorization and work permits, as these can affect both financial aid eligibility and on-campus job opportunities. Be sure to check if the colleges you’re applying to offer fee waivers for application or testing fees, and review their financial aid options carefully.
The application process itself involves several steps: completing the Common App or a school-specific application, submitting transcripts and test scores, and obtaining letters of recommendation from your school counselor or teachers. Stay informed about each college’s testing policies, especially if you’re seeking fee waivers or need to submit alternative credentials.
For Texas residents and DACA recipients, it’s important to be aware of state-specific restrictions on work authorization and financial aid. Some universities in Texas may have unique requirements or limitations for DACA students, so review these details closely before you apply.
To ensure you’re eligible, take time to review each college’s requirements for GPA, test scores, extracurricular activities, and financial aid. The federal government, through the Department of Education, also provides resources to help students understand eligibility requirements, financial aid options, and employment authorization rules.
By staying organized, meeting deadlines, and understanding the eligibility guidelines for each college, you can maximize your chances of admission and financial support. Whether you’re applying early decision, early action, or regular decision, being proactive about eligibility and requirements will help you find the right college and set you up for success.
Is DACA Reopening for New Applications?
At this moment, no. The Department of Homeland Security (DHS) has expressed continued commitment to protecting Dreamers, but court injunctions currently restrict the agency from approving any initial DACA applications. Due to the ongoing injunction, new applicants are currently unable to file initial DACA requests.
The DHS final rule published in 2022 attempted to codify DACA into federal regulation, but courts have yet to clear the program for new filings (Federal Register DACA Rule). The U.S. Court of Appeals for the Fifth Circuit ruled the DACA program was unlawful in January 2025 but permitted existing protections to remain in effect. Federal government plans to resume processing initial DACA applications submitted prior to and following the 2021 injunction.
Possible reopening paths include:
- A Supreme Court ruling overturning the Texas injunction.
- Congressional action creating a statutory version of DACA.
- A DHS administrative adjustment following updated judicial guidance.
Until one of these occurs, new DACA applicants** must wait** for official notice from USCIS or DHS confirming program reinstatement.
Can I Reapply for DACA If My Status Expired?
If your DACA expired less than one year ago, USCIS allows you to submit a renewal application using the standard process. Be sure to complete all required forms and submit all supporting documents to ensure your renewal is successful.
If your DACA expired more than one year ago, your request is considered a new initial application — which cannot currently be processed under the existing court injunction.
Key takeaways:
- Renew early, ideally within 120 days of expiration.
- Keep documentation of continuous residence and prior approvals.
- If you fall outside renewal eligibility, consult an immigration attorney to preserve evidence and prepare for reopening.
Immigration Attorney Richard Herman: “If your DACA expired within one year, you may renew; beyond that, it’s considered a new application — currently not accepted by USCIS.”
What About Advance Parole for DACA Recipients?
Despite DACA’s limited scope, Advance Parole remains available for approved DACA recipients under specific conditions. You can apply if you need to travel for humanitarian, educational, or employment reasons. Under the modified DACA program, new applicants outside of Texas could receive full benefits, while those in Texas would only receive deportation protection.
USCIS continues to process Form I-131 applications for DACA recipients seeking Advance Parole, provided their DACA status remains active.
However, travel carries legal risks:
- If your DACA expires while abroad, you may face reentry challenges.
- Reentry is not guaranteed; consult a qualified attorney before traveling.
Visit USCIS Advance Parole Guidance for official instructions and documentation requirements.
When Could DACA Reopen for New Applicants?
The timeline for reopening depends entirely on federal court outcomes and executive decisions. DACA beneficiaries who move to Texas could lose their employment authorization under the recent ruling.
Possible scenarios:
- The Supreme Court could issue a decision in 2026 clarifying DHS’s authority to administer DACA.
- A presidential executive action or new legislative proposal could provide interim relief or a modified version of DACA.
- DHS could reopen conditional filing if court restrictions are lifted or narrowed.
Until then, new DACA filings are suspended nationwide.
DACA could reopen if the Supreme Court or Congress restores DHS authority — but no timeline is guaranteed.
What Should DACA Recipients and Dreamers Do Right Now?
While waiting for policy clarity, both current and prospective Dreamers can take proactive steps: DACA applicants and recipients should consult an immigration attorney or reputable organization for the most up-to-date information. Additionally, create a checklist or plan to organize important documents, deadlines, and next steps while awaiting updates.
For Current Recipients:
- Renew early — ideally 120–150 days before expiration.
- Maintain updated employment authorization and travel records.
- Consult legal counsel about Advance Parole eligibility.
For Potential Applicants:
- Gather identity, education, and residency documents (school records, leases, tax filings).
- Stay informed via National Immigration Law Center DACA Tracker or local immigrant advocacy networks.
- Avoid scams promising “early DACA reopening.” Only rely on official USCIS announcements.
For All Dreamers:
- Stay connected with immigration attorneys and community resources.
- Join newsletters from trusted organizations like AILA and DHS.
Richard T. Herman, Esq.: “DACA remains in legal limbo — renew if eligible, prepare documentation if not, and stay alert for official USCIS reopening announcements.”
Authoritative Resources and Updates
- USCIS DACA Information Page
- DHS Official DACA Updates
- Federal Register DACA Rule (2022)
- National Immigration Law Center DACA Resource Center
- American Immigration Lawyers Association (AILA) DACA Resource
Author Profile — Richard T. Herman, Esq.
Richard T. Herman is a nationally recognized immigration lawyer with over 30 years of experience representing Dreamers, families, and businesses across the U.S.
He is the founder of the Herman Legal Group, known as “The Law Firm for Immigrants,” serving clients in all 50 states.
Richard is also co-author of the book Immigrant, Inc. — an inspiring exploration of how immigrant entrepreneurs drive innovation in America.
You can learn more about Richardor schedule a consultation to discuss your DACA or immigration case directly with him and his multilingual legal team.
