Is DACA still open? Renewals, first time requests and what you can file now

This page answers one question: what USCIS will take and decide today. It is general information, not legal advice. For the full picture, start at the DACA hub.

Is DACA still open?

Yes, for renewals. USCIS keeps accepting and deciding DACA renewals and the work permits that go with them. If you have DACA today, it stays valid until the date it ends, unless USCIS ends it in your own case.

For first time requests, the door is half open. You can send one. USCIS will take it. But USCIS says it will not process it while a federal court order from Texas stands.

We know the news can make it feel like DACA is over. It isn't. If you have it, keep it and keep renewing.

Can I still renew my DACA?

Yes, if one of these is true:

• You have DACA now. USCIS asks you to file 120 to 150 days before it ends. It will accept a renewal that arrives more than 150 days early, but it will not decide it faster, and the new period may overlap your current one (DACA FAQ, Q53, checked October 21, 2026).
• Your DACA ended less than one year ago, and USCIS did not end (terminate) it. You can still file as a renewal.

You can renew online or on paper. Online costs $555 and paper costs $605. Steps are on How to renew your DACA step by step.

Renewals are slower than they used to be. Members of Congress, citing news reports, said the median wait reached 70 days between October 2025 and February 2026. CBS News reported on October 8, 2026 that USCIS said it decided 80 percent of renewals within seven months over the previous six months (CBS News). File as close to 150 days out as you can. See While you wait.

Can I apply for DACA for the first time?

You can file, and USCIS will accept it. It will not decide it for now. That means no DACA and no work permit from that request while the court order stands. You still pay the full $605, with no fee waivers.

This also applies to you if:

• your DACA ended more than one year ago, or
• USCIS ended (terminated) your DACA at any time.

In both cases USCIS treats your request as a first time request.

Filing now is a real choice with real risks, like sharing your information with the government and paying a fee for a request that may wait a long time. Get a free legal screening first. The details are on Can I apply for DACA for the first time? and Can my DACA information be shared with ICE?

What is the court case, and has anything changed?

Not yet. Here is where it stands:

• July 16, 2021: a federal judge in Texas ruled DACA unlawful and blocked USCIS from approving new requests. People who already had DACA were protected.
• January 17, 2025: the federal appeals court for Texas (the Fifth Circuit) agreed in part. It limited the order to Texas and to work permits, kept protection in place for current recipients, and sent the case back to the trial judge, Judge Andrew Hanen.
• July 22, 2025: Judge Hanen asked both sides for more written arguments about how to carry out that ruling.
• Today: we found no new order from Judge Hanen as of October 21, 2026. USCIS pages still describe the January 2025 decision and follow the same rules: renewals decided, first time requests accepted but not decided. The court docket shows no ruling through its latest entry (No. 828) on September 17, 2026. The case is pending.

News reports say that on September 29, 2025 the Justice Department asked the judge to let USCIS decide first time requests nationwide, with Texas residents getting deferred action but no work permit (Texas Tribune). The court docket shows no ruling on it through September 17, 2026. Do not file based on news reports or social media. Ask a lawyer.

What about Texas?

Right now, nothing is different for Texas. People in Texas renew DACA and get work permits like everyone else. The 2025 appeals ruling could later end DACA work permits for Texas residents, but only once Judge Hanen enters a new order. That has not happened as of October 21, 2026. If you live in Texas or plan to move there, ask a lawyer before you file.

Is anything else changing in 2026?

A few things to watch. None of them closes renewals.

• 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. We found no final rule as of October 21, 2026.
• No automatic work permit extension. A DACA work permit ends on the date printed on it, even if your renewal is pending. File on time.
• Travel is riskier. USCIS now says that, as of August 13, 2026, leaving the U.S. on advance parole can trigger the 3 year or 10 year bar for people who built up unlawful presence before DACA (Form I-131 page, updated October 7, 2026). There is also a new $1,050 parole fee collected when you come back in. Talk to a lawyer before any trip. See Is it safe to travel on advance parole?
• Two USCIS memos. A September 26, 2025 memo tells USCIS to end DACA for people who unlawfully try to buy a gun. A January 1, 2026 memo holds pending applications from nationals of certain "high risk" countries for extra review (USCIS policy memoranda, checked October 21, 2026). 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 a country on that list, ask a lawyer whether the hold reaches your renewal.

What should I do this week?

1. Find your end date. It is on your work permit and your approval notice.
2. Count back 150 days. Mark that date on your phone. That is your best day to file.
3. Save the fee. $555 online or $605 on paper. There are no waivers, so start now. See Help paying DACA fees.
4. Never had DACA, or it ended over a year ago? Book a free legal screening before you pay $605 for a request that will wait.

Who can help?

You don't have to sort 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: a map of state funded immigration legal services. Call (916) 651-8017.
• For San Mateo County residents: the groups below.
• 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 consultations): (650) 587-1558
• San Mateo County Immigrant Services: (650) 363-4194
• Catholic Charities (San Mateo County): (650) 295-2160
• For Santa Clara County residents: Office of Immigrant Relations partners

Only an attorney or a DOJ accredited representative may give you legal advice. Anyone who says they can get a first time request approved now, for a fee, is not telling you the truth. See Warning signs of an immigration scam.

DACA is still here for the people who have it. Keep your date in front of you, renew on time, and do not lose hope.