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.

Primary source last checked automatically on 2026-10-07 — 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.

Renewal processing times USCIS publishes

On its DACA litigation FAQ, read October 15, 2026, USCIS says it maintains its goal of processing DACA renewal requests generally within 120 days. This is a stated goal, not a deadline. The same page says that if a renewal request has been pending more than 105 days, you may submit an inquiry online about its status.

Renewal timing, expired grants, and held initial requests

USCIS’s DACA litigation FAQ (checked October 23, 2026) states:

  • Filing window: USCIS strongly encourages renewal requests 120 to 150 days (4 to 5 months) before the current DACA validity period expires.
  • Initial request classification: USCIS considers a request filed more than one year after the last DACA grant expired, or after the most recent grant was terminated at any time, an initial request rather than a renewal. USCIS says it cannot approve an initial DACA request while the court order is in effect.
  • Gap in DACA: USCIS says that if DACA expires before renewal approval, there is no DACA coverage between the prior expiration and the start of the new DACA period.
  • Refunds: USCIS says it will not issue refunds for initial DACA requests that remain on hold while the court order is in effect.

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.
  5. Jul 10, 2026 Judge Hanen denied a pending motion to stay as moot (ECF 827). No order implementing the Fifth Circuit's ruling has been docketed as of October 7, 2026 (newest entry: ECF 828, an attorney-withdrawal motion, September 17).

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.