IMMIGRATION SERVICES
DACA protects certain young people who came to the U.S. as children from deportation and allows them to work. Here is who may qualify and where DACA stands today.
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This page is general information to help you understand whether you might qualify. It is not legal advice. Every case is different, and only a legal consultation with Attorney James Betzold can determine whether you are eligible.
DACA, or Deferred Action for Childhood Arrivals, is a program created in 2012 for young people who were brought to the United States as children. DACA does not give legal immigration status, but it protects recipients from deportation for a renewable two-year period and allows them to work legally.
DACA has been in court for years, and its future is still uncertain. As of October 2026, renewals continue, but first-time (initial) requests are not being decided, and a pending court order could change the rules for DACA recipients who live in Texas. Below we explain who may qualify, what could stand in the way, and where things stand today.
You may meet the DACA guidelines if:
Two age rules apply. You must have entered before turning 16, and you must have been under 31 on June 15, 2012. Because of these dates, every person who meets the guidelines today is an adult.
You must have lived in the United States without interruption since June 15, 2007. Brief, casual, and innocent trips abroad may not break continuous residence, but longer or unauthorized trips can. You also had to be physically in the country on June 15, 2012.
Being enrolled in school, having a high school diploma or equivalent, or being an honorably discharged veteran satisfies this element. Each type of school or program has its own rules, so this is an area to review carefully.
DACA is not available to people with certain criminal records. A “significant misdemeanor” includes offenses such as domestic violence, sexual abuse, burglary, unlawful firearm offenses, drug distribution or trafficking, and driving under the influence, as well as misdemeanors that resulted in a jail sentence of more than 90 days. Even without a disqualifying conviction, DACA can be denied for gang involvement or other public-safety concerns. Because DACA is discretionary, the government also looks at the whole picture.
The court case. In Texas v. United States, a federal court in Texas found DACA unlawful. On January 17, 2025, the U.S. Court of Appeals for the Fifth Circuit partly agreed but limited its ruling to the state of Texas. It also treated the protection from deportation separately from the work permit. The case was sent back to the trial judge to issue a new order. In 2025, the Justice Department proposed a plan under which the government would begin processing initial requests nationwide, but new DACA grants for Texas residents would include protection from deportation without work permits, and current Texas recipients could eventually lose their work authorization. As of our most recent review, the judge had not issued that new order.
Initial (first-time) requests. USCIS continues to accept initial requests but, under the court orders, is not processing them. This has been the case since July 2021. People whose DACA expired more than a year ago generally must file as initial requests, which means they are also on hold.
Renewals. USCIS continues to accept and process renewals and related work permits in all 50 states, including Texas. Processing has slowed significantly in 2026.
Texas residents. For now, current DACA grants and work permits held by Texas residents remain valid until they expire. That may change once the trial court issues its new order.
Travel. On August 13, 2026, the Board of Immigration Appeals changed how travel on DACA “advance parole” is treated. Trips taken after that date may now count against a person in a way that could require a waiver later when applying for a green card. Anyone with DACA should get legal advice before traveling abroad.
If you have DACA, you may receive:
DACA is not a green card and does not lead to citizenship by itself. Some DACA recipients qualify for a green card through a U.S. citizen spouse or parent, an employer, or another path. It is worth having your full history reviewed.
USCIS is accepting initial requests but is not processing them because of court orders. No first-time DACA grants are being made at this time.
Yes. As of October 2026, USCIS continues to process renewals nationwide, including in Texas. Processing times have grown in 2026.
The Fifth Circuit limited its ruling to Texas. A new trial court order is still pending and could end work permits for DACA recipients who live in Texas. For now, existing Texas work permits remain valid until they expire.
In general, you would need to file a new initial request, which is currently on hold. You may still have other options, so it is worth a consultation.
Travel requires advance permission, and an August 2026 decision made travel riskier. Speak with an attorney before making any travel plans.
Not by itself. But some DACA recipients qualify for a green card through family, employment, or other paths.
A DUI is treated as a significant misdemeanor and generally disqualifies a person from DACA.
DACA has changed many lives, and its future is still being decided. Whether you are renewing, waiting on an initial request, or wondering if you have other options, Attorney James Betzold offers consultations by phone or video, anywhere in the United States. We will review your history and give you honest, up-to-date guidance. Call +1 (833) 847-2335 today.
Sources: USCIS · ILRC · forumtogether.org · www.maldef.org
The information on this page is provided for general informational purposes only and is not legal advice. Reading this page, contacting our office, or scheduling a case evaluation does not create an attorney-client relationship. Every immigration case is different and depends on its own facts, history, and the law in effect at the time. Immigration laws, policies, and court decisions change often, and this information (current as of October 2026) may not reflect the most recent changes. Meeting a requirement described here does not mean you qualify or that any application will be approved. Eligibility can only be determined through a legal consultation with Attorney James Betzold, who will review your individual situation. Do not act, or decide not to act, based on this page alone. Past results do not guarantee a similar outcome.
