DHS Proposes to Partially Reopen New DACA Applications Amid Pending Lawsuit

The Department of Homeland Security (DHS) has told a federal court it could, for the first time in four years, resume processing new applications for the Deferred Action for Childhood Arrivals (DACA) program.

In a Sept. 30 filing with U.S. District Judge Andrew Hanen in Texas, the department outlined a plan to partially reopen the Obama-era program, which shields certain people brought to the United States illegally as children from deportation and allows them to work.

Since 2021, DACA has been closed to first-time applicants, though existing beneficiaries have been allowed to renew their two-year work permits.

Under the plan, DHS would begin accepting new DACA applications in all 49 states except Texas. Applicants approved outside Texas would qualify for both deportation protections and work permits. By contrast, applicants in Texas could receive only protection from removal, without work authorization, and would not be considered “lawfully present” in the United States.

The proposal also warns that current DACA recipients could have their work permits revoked if they move to Texas.

“These proposals do not limit DHS from undertaking any future lawful changes to DACA,” the department said in its filing.

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Author: HP McLovincraft

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