Is DACA still active? Current status
Yes — with hard edges. Renewals are processed nationwide. First-time applications stay frozen. And the Texas court case is one order away from cutting off work permits in Texas. This page tracks the moving parts with dated updates, so you don’t have to reconstruct the story from years of headlines.
Status board
| Question | Status |
|---|---|
| Can current recipients renew? | ✅ Yes — renewals (I-821D + I-765) are processed nationwide, including Texas |
| Are renewals’ work permits valid? | ✅ Yes — everywhere, including Texas, until the district court implements the Fifth Circuit ruling |
| Can first-timers apply? | ❌ Frozen — USCIS accepts initial applications but has been barred from approving them since July 2021 |
| Is deportation protection (forbearance) at risk in this case? | The Fifth Circuit preserved forbearance as lawful and severable — it survives the current ruling nationwide |
| Travel (advance parole)? | Current recipients can request it (Form I-131), but any travel while litigation moves is high-risk — get an attorney’s sign-off first |
Dated updates
- June 9, 2026 — last verified. Renewals processing normally nationwide. Judge Hanen’s implementing order (the one that would cut off Texas work authorization) has not been issued; supplemental briefing closed in September 2025, so it can land any day.
- September 2025. Supplemental briefing completed before Judge Hanen in the Southern District of Texas on how to implement the Fifth Circuit’s decision.
- May 2025. Deadline passed for seeking Supreme Court review of the Fifth Circuit ruling; the case’s center of gravity returned to the district court.
- January 17, 2025. The Fifth Circuit ruled: the work-authorization and lawful-presence parts of the 2022 DACA rule are unlawful, but the injunction is narrowed to Texas only, and the forbearance (protection from deportation) part of DACA is lawful and severable. The stay protecting current recipients and renewals stays in place.
- October 31, 2022. DHS’s DACA regulation took effect, replacing the 2012 memo as the program’s legal basis — the rule now being litigated.
- July 16, 2021. Judge Hanen ruled DACA unlawful and barred USCIS from approving new initial applications. Renewals were allowed to continue. This freeze has held ever since.
- June 18, 2020. The Supreme Court (DHS v. Regents) blocked the 2017 attempt to terminate DACA on procedural grounds — DACA survived, but the door stayed open to future challenges.
- June 15, 2012. DACA created by DHS memorandum.
If you live in Texas
The Fifth Circuit confined the injunction to Texas because only Texas proved standing. What that means in practice, once the district court implements it:
- Forbearance survives — Texas DACA holders would keep protection from deportation.
- Work authorization is the target — new Texas DACA grants (and possibly renewals, depending on the order’s design) would come without a work permit or lawful presence.
- Nothing has changed yet. Permits in hand remain valid; employers should not preemptively terminate anyone.
- Moving states matters: the ruling turns on where you reside, and an implementing order will have to define how moves are treated. If a move is realistic for you, map the timing with an attorney.
Find counsel before the order lands: how to find an immigration attorney lists pro bono and BIA-recognized options.
What this means for your renewal
Nothing about the litigation changes the mechanics today: file the renewal 120-150 days before expiration, $605 paper / $555 online. The DACA renewal guide (I-821D) covers the full procedure, and the renewal cost and timing calculator computes your dates and fees.