DACA: Recent Updates and the Conservative Case for DACA

For over a decade, the Deferred Action for Childhood Arrivals (DACA) program has protected young immigrants who were brought to the United States as children. These individuals have grown up in America, contribute to our communities, and in most cases know no other home. Today, DACA stands at a critical crossroads. Ongoing court battles and political debates have put DACA recipients in legal limbo, even as broad consensus has emerged that Congress must step up with a permanent solution.

On September 30, 2025, federal officials revealed plans to reopen DACA to new first-time applicants, something that hasn’t been allowed since 2021. According to a Justice Department filing on Sept. 29, the government intends to begin processing initial DACA applications for eligible immigrants in every state except Texas, pending a court order. This proposal was made to comply with a January 2025 ruling by the 5th U.S. Circuit Court of Appeals, which upheld  Judge Andrew Hanen of United States District Court for the Southern District of Texas finding that DACA is unlawful but narrowed the injunction’s reach only to Texas. In practical terms, that means if the plan is approved by the court, new DACA recipients in other states could apply for DACA protections, while those residing in Texas would be barred from receiving full DACA benefits.

Under the DOJ’s plan, applicants outside of Texas who are approved would receive DACA’s two-year protection from deportation and work authorization. However, Texas residents could only receive deferral from deportation – not work permits – and would not be considered “lawfully present” in the U.S. for purposes of federal benefits.

The 5th Circuit’s order in January kept in place a partial stay, allowing those already enrolled in DACA to continue renewing their two-year permits as the case proceeds. As of June 2025, more than 525,000 immigrants are enrolled in DACA, including roughly 88,000 in Texas. Those existing protections remain valid. But new applications have been frozen since Judge Hanen’s initial injunction in July 2021 – a freeze that could finally be lifted outside Texas if the court approves the latest plan. However, this plan is not a done deal yet.

Meanwhile, the states in the lawsuit are pushing for a more restrictive outcome. In a filing of their own, the states urged Judge Hanen to completely wind down DACA, including ending protections for current recipients, arguing that “sympathy for DACA recipients…is no substitute for statutory text or constitutional command”. They contend that only Congress has the authority to resolve DACA recipients’ fate – a point the federal government and many of DACA’s defenders ultimately agree on.

In fact, lawmakers in Washington from both parties have introduced bills to finally give DACA recipients legal status. This summer, for example, a bipartisan group of House members led by Rep. María Elvira Salazar (R-FL) and Rep. Veronica Escobar (D-TX) introduced the Dignity Act of 2025, a comprehensive reform bill that includes an earned opportunity for long-term unauthorized immigrants to stay and work. These legislative efforts underscore a growing consensus: the status quo of court injunctions and temporary fixes is unsustainable – Congress must act.

DACA’s Legal Saga: From 2012 to Today

To understand the current moment, it’s helpful to recall how DACA got here. DACA was established in 2012 via executive action. The program allows certain unauthorized immigrants who were brought to the U.S. as children to apply for deferred action (protection from deportation) and a renewable work permit, provided they meet strict criteria (such as having no serious criminal record, graduating high school or serving in the military, and meeting residency requirements). DACA was always meant as a temporary measure to protect these young people – who often identify as American in every sense except on paper – until Congress could enact a permanent solution.

However, a permanent legislative fix has remained elusive. In 2017, the Trump administration moved to terminate DACA, calling it executive overreach while urging Congress to legislate a solution, and saying  “Congress now has 6 months to legalize DACA (something the Obama Administration was unable to do). If they can't, I will revisit this issue!” But courts intervened. In June 2020, the U.S. Supreme Court blocked the Trump administration’s attempt to rescind DACA – not on the merits of DACA itself, but because the rescission process was deemed arbitrary and capricious under the Administrative Procedure Act. The Supreme Court explicitly did not decide DACA’s legality, leaving that question open. Shortly after, a group of states (including Texas) filed a lawsuit challenging the lawfulness of DACA. In July 2021, Judge Andrew Hanen ruled DACA was unlawful, asserting that it exceeded executive authority and didn’t follow proper administrative procedures. He issued an injunction halting all new DACA approvals nationwide – effectively closing the program to first-time applicants – while allowing renewals for existing recipients to continue under a partial stay.

In late 2022, the Biden administration responded by issuing a formal DACA regulation (the “Final Rule”), attempting to bolster the program’s legal foundations. But legal challenges persisted. In September 2023, Judge Hanen found the DACA Final Rule also unlawful (echoing his earlier reasoning) and extended his injunction and vacatur to cover that rule as well. He again stayed the impact on current DACA recipients, recognizing the disruption that immediate termination would cause. The case then moved to the 5th Circuit Court of Appeals, which in January 2025 upheld Judge Hanen’s ruling that DACA is illegal but ordered a geographically limited remedy: the injunction on new DACA grants should apply only in Texas (the plaintiff state). The 5th Circuit also left the renewal-stay in place, meaning existing DACA beneficiaries could keep renewing for now.

All of this legal back-and-forth has left DACA hanging by a thread. The program’s ultimate fate may soon land in the hands of the U.S. Supreme Court once again. The Trump administration is expected to appeal the 5th Circuit’s decision, potentially setting up a Supreme Court review in 2025 or 2026. Given these recent rulings by the Court curtailing executive immigration actions, there is a very real risk that it could finally rule DACA beyond executive authority. If that happens and no legislative solution is in place, more than half a million young people could lose their work permits and be exposed to deportation.

Many Republican leaders share the view that young people who were brought here as children, through no fault of their own, should not be punished for their parents’ actions and ought to be allowed to stay as productive members of society – ideally through a law passed by Congress, rather than executive action. In the words of Senator John Cornyn of Texas, “These children who were brought here illegally through no fault of their own continue to make positive contributions to Texas and the nation, and it’s important for us to achieve a long-term resolution.”

Conservative Voices in Support of DACA Recipients

Contrary to some misconceptions, supporting DACA recipients is not a liberal position. Over the years, prominent conservatives and Republican lawmakers have spoken out in favor of protecting DACA recipients and have advanced or backed legislation to do so. Their reasoning is straightforward: it’s about common sense as well as compassion.

Recently, President Trump said “The dreamers are going to come later, and we have to do something about the dreamers because these are people that have been brought here at a very young age. And many of these are middle-aged people now. They don’t even speak the language of their country. And yes, we’re going to do something about the dreamers… I will work with the Democrats on a plan. And if we can come up with a plan, but the Democrats have made it very, very difficult to do anything. Republicans are very open to the dreamers. The dreamers, we’re talking many years ago they were brought into this country. Many years ago. Some of them are no longer young people. And in many cases, they’ve become successful. They have great jobs. In some cases they have small businesses. Some cases they might have large businesses. And we’re going to have to do something with them… I want to be able to work something out, and it should’ve been able to be worked out over the last three or four years and it never got worked out. You know, Biden could’ve done it because he controlled, you know, Congress to a certain extent, right? He could’ve done something, but they didn’t do it. I never understood why because they always seemed to want to do it, but then when it comes down to it, they don’t. I think we can work with the Democrats and work something out.”

Take Senator Lindsey Graham (R-SC), a longtime advocate for immigration reform, who bluntly stated his view of DACA youth: “You should want [Dreamers] to stay. They’re great kids. They’re working, they’re productive. This is a win-win.” Graham has co-sponsored the Dream Act multiple times, arguing that DACA recipients are “American in every way except for their immigration status” and that we should welcome their contributions by allowing them a way to earn legal status. Similarly, Senator James Lankford (R-OK) has emphasized the moral principle at stake: “We as Americans do not hold children legally accountable for the actions of their parents.” In Lankford’s view, while there must be consequences for illegal immigration, those consequences should not fall on young people who had no choice in coming here and have known no other country. This aligns with the fundamental conservative belief in individual responsibility – it’s simply not right to punish the child for the parent’s decision.

In Texas, a state leading the charge against DACA in court, there are notable Republican voices calling for a legislative solution. Aside from Sen. Cornyn’s remarks above, this summer, Rep. Tony Gonzales (R-TX) – who represents a Texas border district – joined a House resolution acknowledging the urgent need to protect DACA recipients and urging his colleagues to pass legislation granting permanent legal status to DACA recipients (paired with stronger border security). Across the country, polls consistently show that conservative voters overwhelmingly support allowing DACA recipients to stay. In fact, an August 2017 poll found that three out of four Trump voters supported granting legal status to DACA recipients, and that support has remained high. More recently, a 2024 Lifeway Research survey of evangelical Christians – a core conservative constituency – found 80% of evangelicals would support immigration reforms that include a way for DACA recipients to earn citizenship (especially if coupled with border security improvements). Few issues unite Americans across the political spectrum like the fate of DACA recipients.

Conservative leaders also recognize the political reality: supporting DACA recipients is not only the right thing to do, it’s popular. While policy differences exist on the specifics, the core idea of providing DACA recipients a path to legal status enjoys broad GOP support – from Republican governors and senators, to faith leaders, law enforcement officials, and business executives. Texas’s own business community has been especially vocal, as we’ll see below. The message from these voices is clear: it’s time to put aside partisan fights and deliver a reasonable, humane solution for these young Americans in all but name.

Why DACA Fits Conservative Values: Pro-Family, Pro-Business, Pro-Security

Support for DACA recipients isn’t just an emotional appeal – it aligns with bedrock conservative values of family, economic prosperity, and law & order. Here are key reasons the DACA debate strikes at principles Texans and conservatives nationwide hold dear:

• Families and Communities First: DACA recipients are part of our American families and communities. Many have siblings, spouses, and even children who are U.S. citizens. Deporting these young people would split apart families and uproot individuals who have lived here on average for over 20 years. Conservatives champion strong families and communities; keeping DACA recipients here legally furthers that goal. As Senator Orrin Hatch (R-UT) put it, we need a “workable, permanent solution” for those who “built their lives here” through no fault of their own. Or in the words of the Evangelical Immigration Table, “Dreamers are leading in our churches and our communities… Our nation is better off because of their presence.” Ensuring DACA recipients can remain with their families and continue blessing their communities is a pro-family stance wholly consistent with our values.
• Economic Growth and Prosperity: DACA recipients are key contributors to the economy – as workers, entrepreneurs, and taxpayers. Roughly 95% of DACA recipients are employed or in school. They pay billions in taxes and contribute to Social Security and Medicare (even though they can’t collect benefits). Here in Texas, nearly 90,000 DACA recipients contribute immensely to our workforce and economy. They are teachers, engineers, healthcare workers, and small business owners filling critical labor gaps. The Texas Association of Business warns that if DACA were terminated without a legislative fix, Texas would lose 67,000 workers, 34,000 jobs created by DACA entrepreneurs, and face $227 million in annual business income losses. Nationally, ending DACA could cost the economy over $280 billion in lost GDP over the next decade, according to various estimates. Pro-business conservatives recognize that it makes no economic sense to jettison hardworking young people who are already integrated into the economy. As Rep. David Valadao (R-CA), a co-sponsor of the Dignity Act, said: “It’s past time for Congress to pass reasonable immigration reform that restores law and order while recognizing the contributions of undocumented immigrants who have built their lives here…There are many people who have lived and worked peacefully for years, and they deserve a fair opportunity to earn legal status.” Keeping DACA recipients in the U.S. with legal status is an investment in our nation’s prosperity and competitiveness. It also addresses workforce shortages – something especially important in Texas, where we have more jobs than people to fill them in key industries.
• Upholding Law and Order: Conservative support for DACA does not mean endorsing illegal immigration – it means dealing pragmatically with a unique situation in a way that upholds the rule of law going forward. By enacting a law to formalize DACA recipients’ status, Congress would be reasserting its constitutional role in setting immigration policy (correcting what some saw as executive overreach with DACA’s creation). Republicans like Senator Chuck Grassley (R-IA) have stressed that any solution “must come from Congress” to be constitutional. Enabling DACA recipients to earn legal status through legislation would affirm the rule of law, not undermine it. It would also allow immigration enforcement to refocus on true threats. As a group of Republican members of Congress noted in June, “Every minute that we spend pursuing an individual with a clean record is a minute less that we dedicate to apprehending terrorists or cartel operatives.” Does it make sense to expend precious resources to deport law-abiding young people who grew up here? A structured solution for DACA recipients enhances public safety by letting ICE and Border Patrol concentrate on criminals, traffickers, and terrorists – not DACA. Public safety officials across the country, including many sheriffs and police chiefs in Texas, support legislation to legalize DACA recipients for this reason: it builds trust in communities and allows policing priorities to target danger, not break apart families.
• Military and National Security: Serving one’s country in uniform is a quintessential conservative value – and many DACA recipients are eager to serve. In fact, over the years hundreds of DACA recipients have enlisted in the U.S. Armed Forces under a special program for individuals with in-demand skills. These are young men and women willing to die for our freedom, wearing the flag of a country that is their home in all but legal status. The Dream Act has long been championed by military leaders: an earlier Defense Department strategic plan cited it as a way to help military recruitment. As former Defense Secretary Robert Gates wrote, the Dream Act “represents an opportunity to expand [our recruiting] pool, to the advantage of military readiness.” Allowing DACA recipients to earn legal status – especially by serving in uniform – is a clear win for national security. Moreover, by keeping this population within the system (background-checked, registered, and able to work openly), we maintain better security oversight than if we drive them into the shadows. In short, a prudent national security approach favors integrating DACA recipeints, not deporting them.
• American Character and Conservative Principles: At its core, supporting DACA recipients fulfills the conservative ideals of fairness, hard work, and opportunity. DACA recipients have excelled in school, worked jobs, started businesses, or served in churches and civic life. They are asking for a chance to earn their way – through work, education, or military service – to legal status in the country they call home. This ethos of personal responsibility and merit is very much in line with conservative philosophy. Furthermore, conservatives believe in the sanctity of the family and the virtue of compassion through personal responsibility. Offering a one-time method for vetted DACA recipients (with requirements like background checks, English proficiency, and employment/education milestones) is a “firm but fair” approach, as Republican Rep. Salazar describes the Dignity Act: It is not “amnesty” or a free pass – it’s an earned opportunity, coupled with strengthened border security to prevent future illegal immigration. Indeed, many Republicans insist that any DACA legislation be paired with measures to secure the border and enforce immigration laws. This combination addresses the root problem while generously integrating those already here. It’s a balanced compromise consistent with both Christian moral teachings (love thy neighbor, care for the stranger) and conservative policy goals.

Time to Support a Permanent Solution

After years of temporary fixes and court fights, it’s time for lawmakers to deliver a permanent legal solution for DACA recipients. The stakes could not be higher: with the courts poised to potentially strike down DACA for good, hundreds of thousands of young people who are woven into the fabric of America could lose their work authorization and face uncertainty or even deportation. As Texans and as conservatives, we have a special responsibility to speak up. Our state hosts the second-largest DACA recipient population in the nation – nearly 90,000 strong – and we have witnessed firsthand their positive impact on our communities, churches, schools, businesses, healthcare and even our military. We cannot afford to let these talented, patriotic young people slip through the cracks due to Washington’s inaction.

The good news is that many Republican lawmakers do want to solve this issue – but they need to hear from we the people. If you believe in the principles outlined above – strengthening families, boosting our economy, upholding the rule of law, and enhancing national security – then raising your voice for Dreamers is a natural extension of those beliefs. Contact your lawmakers and tell them you support a permanent, legislative solution for Dreamers. Encourage our Republican leaders to co-sponsor bipartisan bills like the Dream Act, the Dream & Promise Act, or the Dignity Act. Let them know that as conservatives, we stand for keeping hard-working young immigrants in the only country they call home – with the stability of legal status – coupled with the necessary investments in border security and law enforcement to fix our immigration system for the long run.

Resolving the DACA issue would be a “win-win” for America. It would demonstrate that we can be both compassionate and committed to the rule of law. It would unlock significant human potential and economic growth, rather than forcing employers to fire productive workers or drive industries overseas. It would keep families together and affirm the value of personal responsibility and service. And it would show a new generation that the political process can still deliver solutions rooted in our nation’s founding ideals of liberty, opportunity, and justice.

It’s time for Texas’ leaders and the Republican Party as a whole to turn broad support into concrete action to secure a future that strengthens our families, economy, and security – and in doing so, affirm the enduring conservative values that make America both strong and good.

The moment for bold, principled action is now. As President Trump said in 2017, “Congress, get ready to do your job – DACA!”