The uncertainty surrounding the Deferred Action for Childhood Arrivals (DACA) program has intensified in recent months. In a critical court filing on September 29, 2025, the Federal Defendants (the U.S. government) outlined the Department of Homeland Security’s (DHS) proposed plan to implement the geographically-limited injunction handed down by the Fifth Circuit Court of Appeals in Texas v. United States.

While the partial stay on DACA renewals for existing recipients nationwide remains in effect for now, this new filing reveals significant and complex consequences for individuals residing in Texas as the injunction is narrowed.

Here is what DACA recipients, applicants, and the immigrant community need to know about the government’s proposal.

The Key Takeaway: The Texas-Only Limitation

The Fifth Circuit instructed the court to limit the injunction against the DACA program to the one state that proved injury: Texas. The Federal Defendants’ proposal seeks to enforce this limitation by geographically restricting key DACA benefits to individuals whose most recent address on record with USCIS is inside of Texas.

The government proposes to implement this by:

• Residence, Not Employment: The geographic limitation for DACA benefits will be based on the individual’s state of residence, as reflected by the most recent physical address on record with USCIS.

• A Separate Status for Texas Residents: DACA recipients residing in Texas will have a different status. They will be granted deferred action (protection from removal) but will not be considered “lawfully present” for certain purposes and will be ineligible for a DACA-based Employment Authorization Document (EAD).

• New DACA Requestors in Texas: For new (initial) DACA requestors whose address is in Texas, USCIS may approve the DACA request for deferred action, but it proposes to reject and refund the filing fee for the related EAD applications.

Consequences of Moving In or Out of Texas

The proposal introduces significant complexity for DACA recipients who move:

• Moving to Texas (Initial DACA Recipients): An individual who receives initial DACA while living outside of Texas, but then moves to Texas, is obligated to report the address change to USCIS within 10 days. USCIS then intends to issue a Notice of Intent to Revoke their DACA-based EAD, giving them 15 days to respond.

• Moving Out of Texas (Initial DACA Recipients): An individual who was approved for initial DACA but was denied an EAD due to their residence in Texas, may file for a DACA-based EAD if they subsequently move outside of Texas and report the change of address to USCIS.

DHS is also proposing to create a new Class of Admission (COA) code specifically for DACA recipients residing in Texas to aid in identifying who is not considered “lawfully present” for specific federal purposes.

What Cohen, Tucker + Ades Recommends

The immigration landscape remains volatile and this proposed order creates an unprecedented, state-specific division of DACA benefits. If the court adopts the government’s proposed language, the impact will be immediate and severe for Texas residents who rely on the DACA program for employment authorization.

We strongly urge all DACA recipients and initial applicants to take the following actions immediately:

• Update Your Address: Ensure your most recent physical address on record with USCIS is accurate, as this will determine the applicability of the Texas-only injunction.

• Seek an Immediate Consultation: The consequences of this proposal are far-reaching. If you are an initial DACA applicant in Texas, or if you are considering moving to or from Texas, you must consult with an experienced immigration attorney to understand how this proposed order will affect your work authorization and status.

• Explore Alternatives: DACA is an ongoing temporary solution. We continue to advocate for permanent solutions and encourage DACA recipients to explore any other potential pathways to lawful permanent residence, as DACA-related litigation continues to highlight the program’s fragility.

The team at Cohen, Tucker + Ades is closely monitoring every development in this crucial litigation. We are prepared to advise clients nationwide on how this complex new reality impacts their life, work, and future in the United States.

Sources: Response – Document 781 State of Texas v. United States of America

Disclaimer: This blog post provides general information and is not legal advice. The DACA program is subject to ongoing litigation, and its status can change rapidly. Consult with an immigration attorney for advice specific to your situation.