A short history of DACA and the Dream Act

This is general information, not legal advice. For your own case, talk to a lawyer or a DOJ accredited representative. Free help is listed below.

What is the Dream Act?

The Dream Act is a bill. It has been introduced in Congress many times, but it has never become law.

The idea is simple. Young people brought to the United States as children, who meet school, military or work requirements, could earn permanent residence and later citizenship. The name stands for Development, Relief, and Education for Alien Minors.

• 2001. The first version, S. 1291, was introduced in the Senate, as DHS itself recounts in its 2022 DACA rule.
• Every Congress since. Senator Dick Durbin says he has introduced it every Congress since 2001. On December 4, 2025, he and Senator Lisa Murkowski introduced the Dream Act of 2025. He called it his final introduction before he leaves Congress.

A bill only becomes law if both the House and the Senate pass it and the President signs it. That has never happened for the Dream Act.

How close did the Dream Act come?

Very close, more than once.

• December 2010. The House passed a version of the Dream Act on December 8, 2010, by a vote of 216 to 198, according to the Congressional Research Service. It rode on an unrelated bill, H.R. 5281. Ten days later, on December 18, 2010, the Senate needed 60 votes to move forward. It got 55. The Senate roll call shows 55 yes and 41 no.
• June 4, 2019. The House passed the American Dream and Promise Act (H.R. 6), 237 to 187. The Senate did not take it up.
• March 18, 2021. The House passed H.R. 6 again, 228 to 197. Again, the Senate did not pass it.

So the House has passed a Dream bill three times. The Senate never has.

How did DACA start?

DACA started because Congress did not act.

On June 15, 2012, Homeland Security Secretary Janet Napolitano signed a memo creating Deferred Action for Childhood Arrivals. DHS describes this in its 2022 DACA rule. The memo told immigration agencies to set aside deportation, case by case, for young people who came as children and met set rules. It also let them ask for a work permit.

DACA is not a law and not a legal status. It is a decision by the government to put off deportation for a period of time. It gives no green card and no citizenship on its own, as the DACA rule itself says.

The Supreme Court later noted that DACA gave two years of protection at a time, subject to renewal. DHS says more than 825,000 people got DACA between 2012 and 2022.

Why does DACA keep going to court?

Because it came from the executive branch, a new administration can try to end it, and states that oppose it can sue. Both have happened. Here is each fight, in order.

2014 to 2016: the DAPA case

In November 2014, DHS announced a bigger DACA and a new program for parents, called DAPA. Texas and 25 other states sued. A Texas federal court blocked both programs before they started. In 2016, the Supreme Court split 4 to 4, so that block stayed in place. The Supreme Court's 2020 opinion tells this history. The original 2012 DACA was not part of that case and kept going.

2017 to 2020: the attempt to end DACA

On September 5, 2017, Acting Homeland Security Secretary Elaine Duke ended DACA. No new requests would be accepted. Only people whose DACA ran out within six months could renew one last time.

Students, universities, states and others sued. Courts in California and New York ordered DHS to keep taking renewals, so people with DACA could keep renewing starting in 2018.

On June 18, 2020, in Department of Homeland Security v. Regents of the University of California, the Supreme Court ruled that the way DHS ended DACA was "arbitrary and capricious." The Court did not decide whether DACA itself was legal or good policy. It said DHS had not given good enough reasons, and it sent the issue back to DHS.

2020: a new memo, then a court order

In July 2020, Acting Secretary Chad Wolf issued a memo that kept turning away first time requests and shortened renewals. A federal court in New York threw out that memo in December 2020, in Batalla Vidal. For a short time, first time requests opened again. The 2022 DACA rule describes both steps.

2021 to today: the Texas case

This is the case still going on.

• July 16, 2021. Federal Judge Andrew Hanen in Texas ruled the 2012 DACA memo unlawful. He stopped USCIS from approving new requests, but let people who already had DACA keep it and renew. The USCIS DACA page lists this ruling.
• August 30, 2022. DHS turned DACA into a formal regulation, the DACA Final Rule. It took effect October 31, 2022, and kept the same eligibility rules.
• September 13, 2023. Judge Hanen ruled that the Final Rule was unlawful too, while still protecting current recipients. USCIS lists this ruling. Read more in Did the 2023 Texas ruling change DACA?
• January 17, 2025. The Fifth Circuit appeals court agreed DACA was unlawful but limited the ruling to Texas, and mainly to the work permit part. It sent the case back to Judge Hanen.
• Since then. Nonprofit trackers report that Judge Hanen asked for more briefing in 2025, and an explainer updated October 2, 2026 says he had not issued a new order as of July 1, 2026. The case is pending in the trial court (Texas v. United States, S.D. Tex. No. 1:18-cv-00068). Its public docket shows the latest entry on September 17, 2026 and no new ruling on the merits as of October 21, 2026.

Where does DACA stand today?

As of October 21, 2026, here is what the USCIS DACA page and its FAQ say:

• Renewals are still decided. If you have DACA, you can renew. USCIS suggests filing 120 to 150 days before your DACA ends.
• First time requests are accepted but not decided. USCIS takes them and holds them.
• Current DACA stays valid until it ends, unless USCIS ends it for a person on its own.
• Texas is not treated differently yet. That could change if Judge Hanen issues a new order.

Other changes in 2025 and 2026 matter too:

• Health coverage. People with DACA can no longer enroll in Covered California after an August 2025 federal rule change. In California, they may still qualify for Medi-Cal.
• Travel. Since August 13, 2026, USCIS says leaving the country on advance parole counts as a departure that can trigger the 3 and 10 year bars. Read the USCIS I-131 page and talk to a lawyer before any trip. See Is it safe to travel outside the US with DACA?
• Immigration court. On April 24, 2026, the Board of Immigration Appeals said in Matter of Santiago-Santiago that a judge may not end a deportation case only because the person has DACA.
• A proposed work permit rule. On June 5, 2026, DHS proposed new rules for discretionary work permits that would also reach DACA work permits. It is not final.

What does all this history mean for me?

Three things.

1. DACA has survived every attack so far. Courts have ended it on paper, but people who already had DACA have kept renewing through every ruling since 2017.
2. Only Congress can make it permanent. No court and no President can give Dreamers a green card through DACA. That takes a law like the Dream Act.
3. Your best protection is staying current. Renew on time, keep your records, and get a legal screening. Many people with DACA qualify for something more and don't know it. See Is there a path from DACA to a green card?

Questions people ask

Is DACA the same as the Dream Act? No. The Dream Act is a bill that would give a path to citizenship. DACA is a temporary protection from deportation, with a work permit, created by DHS.

If the Supreme Court saved DACA in 2020, why is it still in court? The 2020 case was about how DACA was ended. The Texas case is about whether DACA was legal to begin with. They are different questions.

Can a new President end DACA? An administration can try, but the 2020 decision shows it must follow the rules for changing policy. Today DACA is also a regulation, so ending it would take formal steps or a court order.

Will I lose DACA if I live in Texas? Not today. The Fifth Circuit said Texas recipients could lose the work permit part later, but that is not in effect. See What is happening with DACA in court?

Should I still apply for the first time? You can file, but your request will wait. Talk to a legal provider first about whether filing now makes sense for you. See Apply for DACA for the first time.

Who can help?

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

• Anywhere in the U.S.: search ImmigrationLawHelp.org by zip code for nonprofit legal help.
• Anywhere in California: the California Department of Social Services provider map, or call (916) 651-8017.
• San Mateo and Santa Clara county residents with low income: Community Legal Services in East Palo Alto (CLSEPA), (650) 326-6440.
• Bay Area: Immigration Institute of the Bay Area, Redwood City, free first consultation, (650) 587-1558.
• More help: Free or low cost immigration legal help in the Bay Area and the DACA hub.

You are part of a story that is still being written. Thousands of Dreamers have kept renewing through every ruling. Keep your dates, keep your papers, and keep going.