DACA remains in legal limbo as 2026 begins. With the program declared unlawful by a federal court but existing recipients still permitted to renew, hundreds of thousands of young immigrants face continued uncertainty. Here is where things stand and what DACA recipients should know.
Current Legal Status
In September 2023, U.S. District Judge Andrew Hanen in Texas ruled that DACA is unlawful because it was implemented without following the Administrative Procedure Act’s notice-and-comment rulemaking requirements. However, the court allowed existing DACA recipients to continue renewing their grants while the case proceeds through appeals.
The Fifth Circuit Court of Appeals has upheld the district court’s finding that DACA is unlawful. The Biden administration’s 2022 final rule codifying DACA through notice-and-comment rulemaking was also found insufficient to cure the program’s legal defects. The case may eventually return to the Supreme Court.
What This Means for Current Recipients
- Renewal applications: USCIS continues to accept and process renewal applications from individuals who have previously been granted DACA
- New initial applications: USCIS is accepting but not processing new initial DACA applications. First-time applicants will not receive a decision until the legal challenges are resolved
- Advance Parole: USCIS is not granting advance parole to DACA recipients at this time
Renewal Tips for Current Recipients
- File your renewal 120-150 days before your current DACA and EAD expire
- Continue to meet all DACA eligibility requirements, including no disqualifying criminal convictions
- Keep your address updated with USCIS
- Maintain records of your continuous presence in the United States
- Consult an attorney if you have had any criminal arrests, charges, or convictions since your last renewal
What About Legislation?
Congress has the authority to provide a permanent legislative solution for DACA recipients. The DREAM Act, which would provide a path to permanent residency and eventual citizenship for qualifying individuals, has been introduced in various forms since 2001 but has never been enacted. In the current political environment, standalone DACA legislation faces significant challenges in both chambers.
Planning for Uncertainty
DACA recipients should explore whether they qualify for any other form of immigration relief, such as:
- Marriage to a U.S. citizen (if applicable, with careful consideration of entry-without-inspection issues)
- Employer-sponsored immigration (if eligible for an employment-based visa or green card)
- U visa (if a victim of qualifying criminal activity)
- Special Immigrant Juvenile Status (if under 21 and qualifying)
Request a free DACA case evaluation to review your options.