U.S. may resume processing new DACA requests

Proposal, which needs a judge’s OK, would reopen the program in every state but Texas.

- BY ANDREA CASTILLO AND RACHEL URANGA

AASHISH KIPHAYET Sipa USA A DISPLAY outside immigration court in New York honors people held by ICE.

For the first time in four years, the federal government plans to begin processing initial applications for DACA, the Obama-era program that grants deportation protection and work permits to immigrants brought to the U.S. as children.

The move, outlined in a proposal Monday by the Justice Department, would reopen DACA to first-time applicants in every state except Texas. The proposal was filed in response to an ongoing lawsuit in U.S. District Court in Brownsville, Texas.

According to the filing, Texas residents who already have DACA could continue receiving protection from deportation but would no longer qualify for employment authorization.

Lawsuits over DACA, or Deferred Action for Childhood Arrivals, have been ongoing since President Trump moved to end the program during his first term.

Under the government’s proposal, DACA recipients who move into Texas would risk losing their legal ability to work, while moving out of Texas could allow them to resume qualifying for a two-year work permit. Unlike beneficiaries in other states, those with DACA in Texas “will not be considered lawfully present” in the U.S., according to the proposal.

The proposal is pending a final decision by U.S. District Judge Andrew Hanen.

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

The Department of Homeland Security did not respond to a request for comment.

Juliana Macedo do Nascimento, deputy director of federal advocacy for United We Dream, said misinformation was circulating Tuesday on social media.