Is DACA still available?

This is general information, not legal advice.

Who can still get DACA right now?

It depends on whether you have had DACA before.

Your current DACA and work permit stay valid until the date on them, unless USCIS ends your DACA for a specific reason, such as a disqualifying crime.

Why are first time requests on hold?

Because of a long court case called Texas v. United States.

In July 2021, a federal judge in Texas ruled DACA unlawful and blocked USCIS from approving new requests. People who already had DACA were allowed to keep it and renew. Later rulings in 2022 and 2023 kept that same setup in place.

On January 17, 2025, the Fifth Circuit Court of Appeals agreed DACA is unlawful but narrowed the order. It limited the court's order to Texas. It said the protection from deportation can be separated from the work permit. It kept protection for current recipients and sent the case back to the Texas judge.

We found no new order from the Texas judge as of October 21, 2026, so nothing has changed yet for applicants. USCIS's DACA and Form I-821D pages still describe the January 2025 decision, and the court docket shows no new ruling through its latest entry on September 17, 2026. For the full story, see A short history of DACA and the Dream Act.

Does the Texas ruling hurt me in California?

Not right now. The rules are the same in every state today. The 2025 appeals ruling could later mean that people in Texas keep deportation protection but lose their work permits. That part is not in effect yet, and it does not reach California.

My DACA expired. Can I still renew?

Yes, if it ended less than one year ago and USCIS did not end it for cause (DACA FAQ Q53). File as a renewal now. Do not wait.

There is a cost to the gap. Once your DACA ends, you cannot work until your new work permit arrives. If you are 18 or older, you also start building "unlawful presence," which can hurt you later. File today.

After one full year, your request counts as a first time request. Those are not being decided now.

I never had DACA. What can I do?

You can still file a first time request. USCIS will accept it and hold it, but will not decide it while the court order stands. First time requests must be filed on paper.

Before you file, talk to a lawyer or a DOJ accredited representative. Two reasons:

1. You may have a better option. A free screening can find paths you did not know about, like a family petition, a U visa or Special Immigrant Juvenile status.
2. Filing shares your information with the government. A lawyer can help you weigh that for your own situation.

Is anything else changing?

Yes. We are watching these for you:

• Slower renewals. Members of Congress reported the median wait rose to about 70 days in late 2025 and early 2026. CBS News reported on October 8, 2026 that USCIS said it decided 80 percent of renewals within seven months. File in the 120 to 150 day window. USCIS accepts earlier filings too, but they are not decided faster and the new period may overlap the old one.
• No automatic work permit extension. DACA work permits do not get extra time while a renewal is pending.
• A proposed rule, not final. On June 5, 2026, DHS proposed stricter criminal history and fingerprint review for some work permits, including DACA work permits. It was still not final in a Federal Register search on October 21, 2026.
• A new work permit form edition is on hold. Because of a September 14, 2026 court order, USCIS keeps using the 08/21/25 edition of Form I-765.
• Travel got riskier. Since August 13, 2026, USCIS says a trip on advance parole can trigger the 3 or 10 year bar for someone with more than 180 days of unlawful presence. See What happens when I return from advance parole travel?

Who can help?

You don't have to figure this out alone. These are free or low cost legal services. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• California Department of Social Services: map of state funded immigration legal services. Call (916) 651-8017.
• For San Mateo County residents: Community Legal Services in East Palo Alto, (650) 326-6440; Legal Aid Society of San Mateo County, (650) 558-0915; Immigration Institute of the Bay Area (Redwood City), (650) 587-1558, consultations by appointment; San Mateo County Immigrant Services, (650) 363-4194, immigrantservices@smcgov.org
• Santa Clara County residents: Office of Immigrant Relations partners

Only a lawyer or a DOJ accredited representative may give you immigration legal advice. See Warning signs of an immigration scam.

Related questions

• Can I renew my DACA?
• What did the 2023 Texas ruling change for DACA?
• Can I file a first time request?

The door is narrower than it was, but it is not closed. Take the next step you can take today.