DACA Updates 2026: What You Need to Know | Latinos Legal Group

Q: What is DACA and What is Its Current Status?

DACA (Deferred Action for Childhood Arrivals) is a federal program that since 2012 has protected young immigrants, known as 'Dreamers,' who came to the United States as children. The program shields recipients from deportation and allows them to obtain a work permit. In 2026, DACA renewals continue to be processed nationwide, but initial (new) applications remain blocked.

Q: Can I Renew My DACA Now?

Yes. USCIS continues to accept and process DACA renewal applications across the country, including Texas. USCIS recommends filing your renewal between 150 and 120 days (4 to 5 months) before your current DACA expires.

Daryan Vazirian
Apr 2
3 min read

Updated: Apr 20

By Latinos Legal Group | Educational Resources for the Immigrant Community

If you are one of approximately 525,000 active DACA recipients in the United States, you likely have many questions about the program's future. The legal uncertainty surrounding DACA can be extremely stressful, but up-to-date information is your best tool. This article explains the current state of the program in 2026 in a clear and accessible way.

What is DACA and What is Its Current Status?

DACA (Deferred Action for Childhood Arrivals) is a federal program that since 2012 has protected young immigrants, known as "Dreamers," who came to the United States as children. The program shields recipients from deportation and allows them to obtain a work permit (Employment Authorization Document, or EAD).

The most important things to know in 2026:

DACA renewals continue to be processed nationwide. If you currently have DACA or your DACA expired less than one year ago, you can submit a renewal application.
Initial (new) applications remain blocked. If you have never had DACA, federal courts are currently preventing USCIS from processing first-time applications.

The Legal Context: Why Is There So Much Uncertainty?

To understand why the program is in this situation, it helps to briefly know its recent legal history:

July 2021: Judge Andrew Hanen of the Southern District of Texas ruled that the DACA program was illegal, but allowed those who already had DACA to continue renewing.
October 2022: The Fifth Circuit Court of Appeals confirmed that DACA is illegal, but maintained a stay allowing renewals while the case continues.
September 2023: Judge Hanen also declared the 2022 Biden administration DACA Final Rule illegal.
January 17, 2025: The Fifth Circuit ruled against DACA again, but limited its decision to Texas and maintained the stay allowing renewals nationwide.
2025-2026: The case returned to Judge Hanen for additional determinations. A ruling could come at any time.

In summary: DACA has been declared illegal by the courts, but a judicial stay protects current recipients and allows renewals while litigation continues. That is why renewing on time is more important than ever.

Can I Renew My DACA Now?

Yes. USCIS continues to accept and process DACA renewal applications across the country, including Texas.

USCIS recommends filing your renewal between 150 and 120 days (4 to 5 months) before your current DACA expires. This window is important to avoid having your DACA and work permit expire before USCIS processes your renewal.

If your DACA expired less than one year ago, you can still file a renewal application.
If it expired more than one year ago, USCIS may receive your application, but under current court orders it will not process it in the same way.

What Happens If My DACA Expires?

Temporary loss of work authorization — Your employer may not be able to continue employing you without a valid EAD.
Increased vulnerability to immigration action — Without active DACA, deportation protection is also suspended.

Tips for Keeping Your DACA Status in Good Standing

Renew on time. Do not wait until the last minute. File your renewal 4-5 months before your expiration date.
Keep your contact information updated with USCIS. If you change addresses, notify USCIS.
Stay law-abiding. Being arrested or convicted of certain crimes can affect your eligibility to renew DACA.
Keep copies of all your DACA documents — approval notices (Form I-797), your EAD, and any correspondence with USCIS.
Stay informed. The legal situation of DACA can change. Follow reliable sources to stay up to date.
Do not travel outside the United States without fully understanding the risks and without having approved Advance Parole.
Beware of "notarios." In the United States, notaries are not lawyers and cannot represent you in immigration matters. Seek accredited representation.

The Future of DACA: What Could Happen

Judicial decisions: Judge Hanen could issue a new order changing the rules.
Legislative action: No federal legislation has managed to create permanent protection for Dreamers to date.
Executive actions: The current administration has intensified immigration enforcement broadly.

The most prudent course at this time is to renew as soon as possible and stay informed.

Latinos Legal Group Resources

Latinos Legal Group offers educational resources to help you understand the DACA renewal process:

"Guía de Renovación DACA" — Step-by-step information about the renewal process, required documents, and recommendations.

Important Notice: This article is for informational and educational purposes only. It does not constitute legal advice. The legal situation of DACA changes frequently. For guidance specific to your case, consult with an accredited immigration attorney.