A DACA protest sign is waved outside of the White House. / null
CNA Staff, Oct 18, 2025 / 09:00 am (CNA).
The U.S. Conference of Catholic Bishops (USCCB) released an update this week on the Deferred Action for Childhood Arrivals (DACA) program highlighting the threat a looming court order may pose to the legal privileges of some immigrants in Texas.
Immigrants covered by DACA who move to or from Texas could quickly face the loss of their work authorization under the new court order, according to the bishops’ Department of Migration and Refugee Services.
Launched in 2012 through executive action by then-President Barack Obama, DACA offers work authorization and temporary protection from deportation to undocumented immigrants brought to the U.S. as minors.
The first Trump administration tried to end the program but was blocked from doing so in 2020 by the U.S. Supreme Court. While President Donald Trump has indicated a willingness to work with Democrats on the status of DACA beneficiaries, the program continues to be subject to litigation, with the latest developments centering on the Texas v. United States case.
In that case, Texas sued the federal government claiming that DACA was illegally created without statutory authority, as it was formed through executive action rather than legislation passed by Congress.
In January, the Fifth Circuit Court of Appeals largely upheld the U.S. district court’s declaration that DACA is unlawful, but narrowed the scope to Texas, separating deportation protections from work authorization. This means, in theory, that DACA’s core shield against removal could remain available nationwide for current recipients and new applicants, while work permits might be preserved for most — except in Texas.
Impending implementation
The USCCB’s Oct. 14 advisory comes as the district court prepares to implement the ruling upheld by the appeals court. On Sept. 29 the U.S. Department of Justice issued guidance concerning how the order should be implemented.
Andrew Arthur, a former immigration judge and a fellow at the Center for Immigration Studies, told CNA that the key takeaway from the USCCB’s update is a “warning” to DACA recipients “who live in Texas.”
“[A]nyone who has DACA or is eligible to receive it would need to consider the implications of moving to or from Texas,” the USCCB update states, pointing out that relocation could trigger revocation of employment authorization with just 15 days’ notice.
For Texas’s approximately 90,000 DACA recipients — the second-largest population after California’s 145,000 — the implications could be stark, according to the bishops.
Under the order, if it is implemented according to the U.S. government’s proposals, DACA recipients who live in Texas could receive “forbearance from removal” (deferred deportation) but lose “lawful presence” status, disqualifying them from work permits and benefits like in-state tuition or driver’s licenses.
To be eligible for DACA, applicants must have arrived before age 16, resided continuously since June 15, 2007, and been under the age of 31 as of June 15, 2012. There are approximately 530,000 DACA participants nationwide according to KFF, formerly the Kaiser Family Foundation. The KFF estimates that up to 1.1 million individuals meet DACA eligibility criteria.
