What is happening with DACA in court?

This page is general information, not legal advice. Court cases move. We checked this on October 21, 2026. Check the USCIS DACA page for anything newer.

What is the case?

The case is called Texas v. United States. Texas and other states sued to end DACA. It has been in federal court in Texas, before Judge Andrew Hanen, for years.

What has happened so far?

• July 16, 2021: the Texas court ruled against the original DACA policy. It blocked USCIS from approving new requests, but let people who already had DACA keep it and renew.
• September 13, 2023: the same court ruled against the DACA regulation. It kept protection in place for people who got DACA before July 16, 2021.
• January 17, 2025: the federal appeals court (the Fifth Circuit) agreed DACA was unlawful, but narrowed the order. It limited the order to Texas, said the deportation protection can be separated from the work permit, kept protection for current recipients, and sent the case back to Judge Hanen (Fifth Circuit opinion).
• 2025: Judge Hanen asked both sides how to carry out that decision (order of July 22, 2025). The parties filed their answers in late September 2025 and their final replies on November 24, 2025, according to the court docket (a public copy of court records). News reports say the government's filing proposed a plan for Texas.
• As of October 21, 2026: the docket shows no ruling on how to carry out the appeals court decision. Its latest entries, through September 17, 2026, are routine filings such as lawyers leaving the case. USCIS's DACA and Form I-821D pages still describe the January 2025 decision and the rules above.

What does this mean for me today?

If you have DACA: you can renew. Your DACA and work permit stay valid until they expire. Renew 120 to 150 days before yours ends.

If you never had DACA, or yours ended more than a year ago: you can file, and USCIS will accept it, but USCIS will not decide it right now. Talk to a legal clinic before you pay $605.

What could change for Texas?

The appeals court's decision means that, once the judge enters a new order, DACA recipients in Texas could keep protection from deportation but lose their work permits. That has not happened yet. News reports say the government proposed in September 2025 that people in Texas would keep deferred action without work permits, and that first time requests could be processed elsewhere. As of October 21, 2026, USCIS has posted no order putting that plan in place.

If you live in Texas, or plan to move there, ask a lawyer before you move.

Is anything else changing for DACA in 2026?

A few things outside this court case matter too:

• Travel: in August 2026 the immigration appeals board held that a trip on advance parole counts as a departure. USCIS now says such a trip can trigger the 3 or 10 year bar for people who built up unlawful presence before DACA (USCIS I-131 page). Get legal advice before any trip.
• Removal cases: in April 2026 the same board held that an immigration judge may not end a removal case just because the person has DACA.
• Work permits: a June 2026 proposed rule would add stricter criminal history and biometrics review to DACA work permits. It is not final.
• No automatic extensions: DACA work permits are not extended while a renewal is pending. File on time.
• Holds for some nationalities: a January 1, 2026 USCIS memo put pending benefit applications from nationals of certain "high-risk" countries on hold for review (USCIS policy memoranda). A federal court blocked that hold on August 24, 2026 (Red Eagle Law v. Edlow), and USCIS said on August 28, 2026 that it will decide these cases "in the normal course" (USCIS alert). If you are a national of one of the countries USCIS treats as high risk, ask a lawyer whether it reaches your renewal.
• Fees: USCIS changed some fees on October 16, 2026. DACA renewal fees stayed at $555 online and $605 on paper (USCIS fee schedule).

What should I do while the case is open?

You can't control the court. You can control your own file. Five steps:

1. Know your dates. Write down the date your DACA ends. Count back 150 and 120 days. That is the window USCIS recommends for filing your renewal (USCIS DACA FAQ Q52, checked October 21, 2026).
2. Have the fee ready. $555 online or $605 on paper. There are no fee waivers. See Help paying DACA fees.
3. Keep copies. Every approval notice, every work permit, every receipt. If rules change, a lawyer will want to see your full history fast.
4. Get a free screening once. A lawyer may find a stronger option than DACA, such as a family petition or a visa for crime victims. See Is there a path from DACA to a green card?
5. Check one official page. When a court order changes anything, USCIS posts it on its DACA page. Look there before you act on any news.

Example (made up): Jorge lives in San José and his DACA ends June 30, 2027. He puts January 31, 2027 (150 days before) and March 2, 2027 (120 days before) in his phone, saves $47 a month starting now, and books a free screening at a county partner clinic. If the judge rules before then, he checks the USCIS DACA page and calls the clinic before he files.

How do I keep from being fooled by rumors?

• Check the USCIS DACA page first.
• Ask a nonprofit legal clinic.
• No one can sell you a spot in line or a faster decision. See Warning signs of an immigration scam.

Who can help?

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Community Legal Services in East Palo Alto: (650) 326-6440
• Immigration Institute of the Bay Area (Redwood City): (650) 587-1558, consultations by appointment
• Catholic Charities (San Mateo County): (650) 295-2160
• San Mateo County Immigrant Services: (650) 363-4194
• Santa Clara County: Office of Immigrant Relations partners
• Anywhere in California: the state's map of free immigration legal services, or call (916) 651-8017.

The news can feel heavy. Today, the door to renewal is open. Walk through it on time.

Related questions

• Can I file a first time request?
• What does a DACA renewal cost?
• Do DACA recipients count as undocumented?