⚠ April 2026 — Major Change for DACA Holders
The Board of Immigration Appeals ruled that DACA status no longer automatically stops a removal (deportation) order. This is the most significant legal change for DACA holders in years. Full breakdown →
BIA Rules DACA No Longer Stops Deportation Orders
The Board of Immigration Appeals (BIA) — the highest immigration appeals court in the U.S. — issued a ruling that DACA status alone is not enough to terminate an active removal proceeding. Before this ruling, DACA holders facing deportation orders could use their DACA status as a defense to halt or pause removal. That automatic protection is now gone.
What this means for you
If you are a current DACA holder with no removal order on file, your day-to-day status is unchanged. If you have a pending immigration court case or prior removal order, consult an immigration attorney immediately. Do not let your DACA expire — renew early.
DACA Renewals Continue — New Applications Still Blocked
USCIS continued processing two-year DACA renewals throughout 2025 for existing holders. New first-time applications remain blocked under court orders that have been in place since 2021. If you had DACA before July 2021, you can renew. If you have never had DACA, you cannot apply for the first time under current court orders.
What this means for you
Renew as early as possible — USCIS allows renewal applications up to 180 days (6 months) before your current DACA expires. Do not wait until the last few months. Processing times can stretch to several months.
5th Circuit Upholds: DACA Is Unlawful, But Existing Holders Protected for Now
The U.S. Court of Appeals for the Fifth Circuit reaffirmed its 2023 ruling that the DACA program as created by the Obama administration was unlawful. However, the court left in place protections for current DACA holders while the case works its way through appeals. The Supreme Court has not yet agreed to hear a new DACA case on the merits.
What this means for you
Current DACA holders remain protected under existing injunctions. No immediate action required, but the long-term future of the program remains legally uncertain. Congress has not passed legislation to codify DACA into law.
DHS Issues Final DACA Rule — Courts Partially Block It
The Department of Homeland Security published a final rule codifying DACA into federal regulation — an attempt to put the program on firmer legal footing than the original 2012 memo. A federal district court in Texas promptly blocked the rule from applying to new applicants, leaving renewals for existing holders intact. The rule was a partial win: it strengthened the regulatory basis for renewals without expanding who can apply.
What this means for you
If you are an existing DACA holder, this rule supports the legal basis for your renewal. It did not open the door for new first-time applicants.
Texas Federal Court: DACA Unlawful — Renewals Allowed Under Appeal
U.S. District Judge Andrew Hanen in Texas ruled DACA unlawful and vacated the DHS rule that had attempted to formalize it. However, the court stayed (paused) its ruling for existing holders while the case was appealed, meaning current DACA holders could continue renewing. New applications remained blocked. This ruling set off the chain of appellate rulings that continues today.
Historical context
This is the ruling that established the current two-track situation: existing holders can renew, new applicants cannot apply. That distinction has held through every subsequent court ruling.
DACA Created by Obama Administration Memo
Secretary of Homeland Security Janet Napolitano issued a memorandum creating Deferred Action for Childhood Arrivals (DACA). The program offered two-year renewable deportation deferrals and work authorization to undocumented immigrants who arrived as children, met education and background requirements, and had no serious criminal history. It was created by executive action, not legislation — which is the root of every legal challenge since.
Why this matters today
Because DACA was created by a memo rather than a law passed by Congress, every administration can modify it and courts can strike it down. The only permanent fix is Congressional legislation — which has not passed despite multiple attempts.
Stay protected — renew early
Given ongoing legal uncertainty, the most important thing a DACA holder can do is keep their status current. USCIS allows renewal up to 180 days before expiration. Renew as early as possible. If your DACA lapses, you cannot get it back under current court orders.
DACA Guides
Everything you need to apply, renew, and understand your rights as a DACA holder.