DACA Reopening Could Give 1 Million Dreamers a Second Chance — If the Courts Allow It

October 5, 2025
TL;DR: The federal government is preparing to reopen the Deferred Action for Childhood Arrivals (DACA) program to new applicants for the first time since 2021 — a decision that could give more than 1 million Dreamers a new chance at legal protection and…

The federal government is preparing to reopen the Deferred Action for Childhood Arrivals (DACA) program to new applicants for the first time since 2021 — a decision that could give more than 1 million Dreamers a new chance at legal protection and work authorization. (AP News)

Need trusted immigration help?

Don’t risk your case with unverified services. We’ll match you with a licensed immigration lawyer or accredited representative.

Find My Lawyer →

Free case matching. No obligations. Only verified professionals.

The move, revealed by senior Justice Department and DHS officials, signals a renewed commitment to shield undocumented immigrants who arrived as children. But the plan also faces formidable legal obstacles — especially from Texas, whose prior lawsuits successfully froze new DACA approvals.

Over 533,000 people currently hold active DACA status, allowing them to live and work in the U.S. without fear of deportation. Officials estimate that at least 600,000 to 1.1 million others meet the criteria but have been unable to apply since the 2021 injunction issued by U.S. District Judge Andrew Hanen of Texas.

“This is about fairness and opportunity,” said DHS spokesperson Marsha Villalobos, noting that the administration “believes young people who have grown up here, studied here, and contributed to this country deserve the right to stay.”

However, the reopened DACA pathway would exclude residents of Texas, pending litigation. That exclusion alone underscores how state-level lawsuits continue to shape federal immigration policy — often leaving young immigrants’ futures hanging in the balance.

Need help choosing an Immigration Lawyer?

We’ll connect you with a verified immigration lawyer who fits your case and location.

Start Free Case Review →

Texas Attorney General Ken Paxton has argued that the program encourages illegal immigration and burdens state resources. The Biden Justice Department counters that DACA recipients pay taxes, stimulate the economy, and have no pathway to citizenship under current law — meaning they remain in a legal gray zone.

Immigration advocates welcomed the announcement but warned that the legal uncertainty could crush applicants’ hopes again. “We’ve been here before — people apply, only to have their futures frozen by politics,” said Greisa Martínez Rosas, executive director of United We Dream. “Dreamers deserve stability, not a revolving door of court battles.”

DACA’s future has long oscillated between the executive and judicial branches. The Obama administration introduced it in 2012 after Congress failed to pass the DREAM Act. Since then, multiple administrations and lawsuits have redefined its scope — from Trump’s attempted termination to the Supreme Court’s 2020 ruling preserving it on procedural grounds.

Still, the fundamental issue remains unresolved: Congress has yet to enact a permanent solution. Immigration experts warn that unless lawmakers act, any executive order remains vulnerable to reversal. “DACA was meant to be temporary,” said law professor Stephen Yale-Loehr. “Without legislation, we’re reliving the same uncertainty year after year.”

For now, advocacy groups are preparing outreach campaigns to guide potential applicants, while legal aid organizations brace for an influx of filings. Whether those applications will be processed — or frozen once more — will depend on the courts.

For thousands of Dreamers waiting on the sidelines, the message is bittersweet: hope reborn, but fragile.

Find a Verified Immigration Lawyer Near You

Avoid scams. Get help from licensed professionals who understand your case.

Get Matched Now →

Free case evaluation. We are not a law firm — we connect you with trusted, verified lawyers.

Ad Slot