An impending federal ruling is expected to strip Texas DACA recipients of their work authorizations, impacting tens of thousands of people in the state.

In 2021, U.S. District Court Judge Andrew Hanen of the Southern District of Texas ruled that DACA violated the Administrative Procedure Act, but his ruling did not end the program. It only paused the approval of new applications. Now, he’s considering a new proposal put forth by U.S. attorneys for application approval to resume.

However, in March, the 5th U.S. Circuit Court of Appeals issued a mandate that stated the deportation protections afforded by DACA could be severed from the employment benefits granted under the program in Texas.

As a result of this mandate, Hanen is expected to limit DACA’s scope within the state. It would mean DACA recipients wouldn’t be deported, but they couldn’t legally hold a job in Texas.

This goes back to a federal lawsuit filed in 2018 in which Texas, along with other states, argued that employment authorizations adversely impacted the economic and labor interests of native-born residents. To date, Texas has been the only state to demonstrate damages resulting from DACA in court.

According to the latest figures, there are more than 90,000 DACA recipients in Texas.

DACA — Deferred Action for Childhood Arrivals — is a humanitarian program that gives legal protection and other benefits, including the authorization to work, to people who immigrated to the U.S. as children.

A DACA recipient in Fort Worth who spoke on the condition of anonymity for fear of being targeted by immigration officials said her life has been upended as she awaits the ruling on employment authorizations.

“It’s scary,” she said. “We aren’t being treated as humans. It’s like people lost their humanity card.”

The woman told the Star-Telegram she came to the U.S. from Mexico with her parents when she was 2. She graduated from high school in 2015, has a job, is raising a son and has never known another home outside this country.

Now, she fears she’ll have to leave for another state, disrupting her son’s life and education in the process. She doesn’t want to do that, but if she’s unable to work in Texas, she sees no other option.

For her, the most disappointing part is that she believes she’s being punished despite being a tax-paying, law-abiding and contributing member of the community.

“People like to use the word ‘illegal’ when talking about DACA recipients,” she said. “No, we’re here legally. We’re following the rules. It’s frustrating when they’re comparing us with people who commit crimes and choose to cross (unlawfully). You realize I was a kid, I was 2, right? I had no knowledge of it. I was innocent.”

Who qualifies for DACA?

To qualify for DACA protection, an individual must have arrived in the U.S. when they were under 16 and must have continuously resided in the country, along with meeting other age and residency guidelines.

Additionally, DACA applicants were required to be in school or to have graduated, or to have served in the military, and they could not have been convicted of a felony, a serious misdemeanor or multiple misdemeanors while in the U.S.

DACA recipients must file for renewal every two years. Currently, there is no path to permanent U.S. citizenship through DACA.

DACA was established by a Department of Homeland Security memorandum in 2012. The Trump administration tried unsuccessfully to rescind DACA in 2017. In 2022, the Biden administration solidified the program with what is called the “Final Rule,” which included a provision allowing the employment authorization portion to be severed from the rest of the rules governing DACA.

After ruling against DACA in 2021, Hanen in 2023 maintained that the Final Rule did not significantly differ from the original 2012 memorandum and was therefore unlawful.

The National Immigration Law Center has a timeline of DACA litigation on its website.

How would the new ruling impact DACA recipients and first-time applicants?

If Hanen agrees with the federal government’s latest proposal, U.S. Citizenship and Immigration Services could begin processing new DACA applications. But the appeals court mandate would mean first-time DACA applicants in Texas would not have the right to work, and existing DACA recipients who are working could lose their ability to do so.

In other states, there would be no change to the program, and DACA recipients would still be granted employment authorization documents.

Texas was one of 10 states that sued the federal government in 2018 to end DACA. In January 2025, the U.S. Fifth Circuit Court of Appeals ruled that portions of the DACA were unlawful and that Texas had demonstrated damages.

Texas’ argument was that DACA cost the state and local communities more than $750 million each year for education and other services. The Fifth Circuit Court of Appeals issued a stay, and the case returned to Hanen’s court for further consideration, though proceedings have been paused due to the federal government shutdown, as reported by the Texas Tribune.

Now, Texas DACA recipients are anxiously waiting to see what happens next and planning for an uncertain future should work authorizations be revoked.

The source who spoke with the Star-Telegram said she and other DACA recipients do not qualify for state or federal benefits, and she’s unsure why people believe they’re a burden on state resources. She said it’s quite the opposite — that DACA recipients are an integral part of the communities in which they live, contributing to the economy and performing vital functions, like teaching in Texas schools.

A 2022 article published by the National Education Association said there were approximately 15,000 educators nationwide who were DACA recipients.

“Having DACA is a blessing,” she told the Star-Telegram. “The only difference between me and someone else is just a piece of paper and where I was born.”

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