October 2026 — Where DACA Stands
Renewals continue nationwide, first-time requests stay on hold, and the Texas court's revised order is still pending. Two 2026 Board of Immigration Appeals precedents changed removal cases (April) and advance parole travel (August). What the rulings mean →
October 2026: Where DACA Stands Now
As of October 22, 2026, USCIS still accepts and processes DACA renewals nationwide, including in Texas. First-time requests are accepted but not processed. The Texas court had not issued its revised order after the January 2025 appeals ruling as of July 2026, and about 436,000 people held active DACA on June 30, 2026.
What this means for you
Keep renewing 120–150 days before your DACA expires. Check the USCIS DACA page for official changes, and if you live in Texas, watch for the district court's revised order.
Courts Block USCIS Hold Policies on 39 Countries
In 2026, USCIS paused decisions on many benefit requests from people born in or citizens of 39 countries. On August 24, 2026, a federal court in California blocked those hold memos and ordered USCIS to decide cases in the normal course. USCIS said it will follow the order while further review is possible.
What this means for you
If your renewal was stuck because of your country of birth or citizenship, it may now move forward. See the USCIS alert on the court order, and ask an attorney if your case is still on hold.
Advance Parole Travel Now Counts as a Departure
On August 13, 2026, the Board of Immigration Appeals decided Matter of Delcarmen-Lara, 29 I&N Dec. 830. Travel on advance parole now counts as a departure for the 3- and 10-year unlawful-presence bars. The Board applied the rule only to trips after that date.
What this means for you
If you had a year or more of unlawful presence before your first DACA grant, a trip on advance parole could now trigger a 10-year bar. Talk to an immigration attorney before any travel. Precedents are posted on the BIA decisions page.
DACA Renewals Continue Nationwide — But Delays Are Growing
As of July 2026, USCIS is still accepting and processing two-year renewals in all 50 states, including Texas. But renewals slowed: pending cases rose and some decisions took several months, well beyond the 120 days USCIS says it needs for most renewals.
What this means for you
File 120–150 days before your DACA expires. If it lapses, you can still renew within 1 year of expiration; after that you would need a new initial request, which USCIS is not processing.
DHS Proposes Tougher Screening for DACA Work Permits
On June 5, 2026, DHS proposed a rule that would generally deny discretionary work permits, including DACA (c)(33) renewals, to applicants who have been arrested for, charged with, indicted for, or convicted of any crime, who admit a violent or dangerous crime, or who are tied to a gang. Comments closed August 4, 2026. The rule is not final and would apply only to applications filed on or after the date it takes effect. It targets the work permit, not DACA itself.
What this means for you
Nothing changes yet, and this proposal would not cut short a work permit you already have. If you have any arrest or charge, even without a conviction, talk to an immigration attorney before your next renewal. Read the proposed rule in the Federal Register.
BIA: Judges Must Weigh DHS Objections Before Ending DACA Cases
On April 24, 2026, the Board of Immigration Appeals decided Matter of Santiago-Santiago, 29 I&N Dec. 589. An immigration judge can't end a DACA recipient's removal case solely because of DACA; the judge must first weigh DHS's reasons for opposing. The ruling doesn't cancel anyone's DACA.
What this means for you
If you have no pending immigration court case, your day-to-day status is unchanged. If you do, or you have a prior removal order, talk to an immigration attorney now and keep your DACA current.
Government Proposes How to Apply the Appeals Ruling
After the January 2025 appeals ruling, the case returned to the Texas district court. In September 2025 the federal government proposed processing initial requests outside Texas and granting Texas residents deferred action without DACA work permits. The court had not issued its revised order as of July 2026.
What this means for you
Nothing changes until the court rules. Texas renewals still come with work permits for now.
DACA Recipients Lose Marketplace Eligibility
A 2025 federal rule removed DACA recipients from the definition of "lawfully present" for the ACA Marketplace, effective August 25, 2025. DACA recipients can no longer buy Marketplace plans or get premium tax credits, though they can still apply for eligible family members.
What this means for you
Look at job-based coverage, community health centers, and state programs. See the HealthCare.gov immigration status page and our health insurance guide.
Fifth Circuit Narrows the DACA Case to Texas
On January 17, 2025, the Fifth Circuit ruled that DACA's deferred-action part can stand but that the work-permit part is likely unlawful. It limited the court order to Texas and sent the case back to the district court to work out the remedy, leaving renewals in place.
What this means for you
Renewals continue nationwide. Texas residents could eventually lose DACA work permits, but only after the district court acts.
Texas Court Rules Against the DACA Final Rule
On September 13, 2023, Judge Andrew Hanen ruled the DACA Final Rule unlawful but kept a partial stay so people who first received DACA before July 16, 2021 could keep renewing. New initial requests stayed blocked.
Historical context
This is the order that keeps renewals going today while first-time requests stay on hold.
DACA Final Rule Takes Effect; Fifth Circuit Rules on the 2012 Memo
DHS turned DACA into a federal regulation, effective October 31, 2022. Earlier that month, on October 5, the Fifth Circuit agreed the 2012 memo was unlawful but kept renewals in place and sent the case back to review the new rule.
Historical context
The regulation is why USCIS still processes renewals under 8 CFR 236.22 and 236.23.
Texas Court Blocks New DACA Approvals
On July 16, 2021, Judge Hanen ruled the 2012 DACA memo unlawful and barred USCIS from approving new initial requests, while letting current recipients renew. That split between renewals and first-time requests has lasted through every later ruling.
Historical context
If you have never had DACA, you can file but USCIS won't decide your request while this order stands.
DACA Created by DHS Memo
On June 15, 2012, Homeland Security Secretary Janet Napolitano issued the memo creating Deferred Action for Childhood Arrivals. It offered 2-year renewable deferred action and work permits to people brought to the U.S. as children who met education and background requirements.
Why this matters today
Because DACA began as executive action, courts and administrations can change it. Only Congress can make a permanent fix.
Stay protected — renew early
Given the ongoing legal uncertainty, the most important thing you can do is keep your DACA current. File your renewal 120–150 days before it expires, as USCIS recommends. If it lapses, you can still renew within 1 year; after that you would need a new initial request, which USCIS is not processing.
DACA Guides
Everything you need to apply, renew, and understand your rights as a DACA holder.