A significant court decision in Texas threatens the livelihoods and educational opportunities for tens of thousands of Deferred Action for Childhood Arrivals (DACA) recipients. This ruling, delivered by the U.S. Fifth Circuit Court of Appeals, specifically declares parts of the 2022 DACA regulation unlawful, particularly those provisions that previously granted employment authorization and lawful presence. While protection from deportation remains, these vital work and residency benefits are now separated and at risk within the state.
In the wake of this ruling, the nationwide injunction’s reach has been specifically limited to Texas. Consequently, federal immigration authorities have put forth a proposal outlining a Texas-exclusive implementation strategy. Under this plan, DACA recipients’ ability to secure work permits and maintain lawful presence would hinge entirely on the address they have on file with U.S. Citizenship and Immigration Services (USCIS).
Work Authorization in Jeopardy for 90,000 Texans
Texas boasts the second-largest DACA population in the U.S., with nearly 90,000 recipients now facing uncertainty. The proposed changes stipulate that individuals residing in Texas could be stripped of their work authorization and lawful presence just 15 days after establishing residency in the state. Furthermore, new DACA applicants and those seeking renewal after a lapse would only receive deferred action, effectively denying them the legal right to work or reside in the U.S.
The enforcement mechanism for this policy relies heavily on the address recorded with USCIS. Should the current court-ordered stay, which protects recipients granted DACA prior to July 16, 2021, be overturned, these individuals too could lose their work permits with a mere 15 days’ notice. While DACA renewals are presently proceeding as normal, the long-term outlook for these protections remains uncertain, pending the court’s final decision on the proposed implementation. The American Immigration Council highlights the severe economic repercussions of this policy shift: in Texas, a staggering 97% of DACA-eligible individuals are employed, collectively generating $8.2 billion in household income and contributing nearly $2 billion annually in state, local, and federal taxes.
Education Access Under Siege
The legal ambiguity extends to educational access, creating significant hurdles for DACA recipients. Since the injunction’s issuance in June 2025, at least four Texas colleges have already begun denying in-state tuition to DACA students, severely limiting opportunities for those who have built their lives and pursued their education within the state.
According to the American Immigration Council, these developments are rapidly reshaping Texas’s higher education landscape. Furthermore, the Texas Department of Public Safety has halted the issuance of commercial driver’s licenses to non-citizens, including DACA recipients, thereby stifling their career prospects and economic mobility.
Wider Reaching National Implications
Should this ‘Texas model’ be adopted in other states, the ramifications could be severe. Over 530,000 DACA recipients across the nation could be forced out of the workforce within two years. Such a mass exodus would burden employers with billions in costs related to turnover, recruitment, and retraining. The American Immigration Council emphasizes that numerous critical sectors, including healthcare, education, and transportation, are heavily dependent on the contributions of DACA recipients, making this a potentially devastating economic blow.
The future of DACA in Texas now rests with Judge Andrew Hanen in the U.S. District Court, who will ultimately decide how these vital protections will be applied within the state. This ruling is a critical moment, not just for Texas Dreamers, but for the entire nation. It highlights the urgent need for comprehensive immigration reform that provides stability and opportunity for these vital members of our communities.