DACA work permits (Texas case)

Status: Awaiting decision — Texas v. United States (on remand to Judge Hanen) (1:18-cv-00068 (S.D. Tex.); 5th Cir. No. 23-40653)

Awaiting Judge Hanen's order implementing the Fifth Circuit's ruling. DACA renewals and work permits continue nationwide, including Texas; first-time requests are accepted but not decided.

Next step: Judge Hanen to issue an implementing order (supplemental briefing finished November 2025); no date set — it could issue at any time.

Verified against the primary source as of 2026-07-25 — status can change with a single court ruling. Official source.

What’s happening

Awaiting Judge Hanen’s order implementing the Fifth Circuit’s ruling. DACA renewals and work permits continue nationwide, including Texas; first-time requests are accepted but not decided.

Who it affects

Current DACA recipients’ ability to keep renewing deferred action and employment authorization, and the legal validity of DACA work permits — at issue program-wide, with the active injunction currently limited to Texas.

Estimated scale: 580,000 — active DACA recipients nationwide whose work-permit legality is at issue (the Texas-only injunction covers ~90,000).

How it got here

  1. Jan 17, 2025 Fifth Circuit holds the 2022 DACA rule's work-permit provisions unlawful, keeps deportation protection lawful nationwide, and narrows the injunction to Texas; remands to Judge Hanen.
  2. Jul 22, 2025 Judge Hanen requests additional briefing on how to implement a Texas-only, work-permit-only injunction.
  3. Nov 24, 2025 Supplemental briefing on remand completed; the matter is under submission with Judge Hanen.
  4. Jun 26, 2026 USCIS continues to accept and process DACA renewals (with work permits and advance parole) nationwide; no Hanen implementing order on the docket.

What to watch next

Judge Hanen to issue an implementing order (supplemental briefing finished November 2025); no date set — it could issue at any time.

Official sources

This page is general information about ongoing litigation, not legal advice. A case’s status can change with a single ruling, and outcomes can turn on facts specific to each person. For advice on a specific situation, consult a licensed immigration attorney or a DOJ-accredited representative.