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DACA provides temporary deportation protection and work permits for people brought to the United States as children. The program has been in legal limbo for years, with federal courts blocking and unblocking different aspects of it. This page explains the current status as of March 2026, who is eligible, how to renew, and what other immigration options may be available to you.

What Is DACA?

Deferred Action for Childhood Arrivals (DACA) was created in 2012. It provides:

• Deferred action — protection from deportation
• EAD (Employment Authorization Document) — a work permit
• Social Security number — if eligible
• Advance parole — the ability to travel outside the US and re-enter (when available)

DACA is not a visa, green card, or a path to citizenship. It is temporary and renewable every 2 years. You must actively renew your DACA; it does not automatically continue.

Current Status of DACA (March 2026)

January 17, 2025: The Fifth Circuit Court of Appeals issued a mixed ruling in Texas v. United States:

• The court found that DACA’s deportation protection is lawful prosecutorial discretion and may continue nationwide.
• The court found that the work permit component may be unlawful, but narrowed the injunction to Texas only.

March 11, 2025: The mandate was issued, effectuating the ruling.

What This Means for Current DACA Recipients Nationwide

Renewals continue to be accepted and processed nationwide. Your current EAD (work permit) remains valid. You can renew your DACA on schedule in all 50 states.

What This Means in Texas

Under the Fifth Circuit ruling, DACA in Texas may only provide deportation protection (not work permits). However, as of early 2026, Judge Hanen has not yet issued a final order on how to implement this, so Texas DACA holders continue receiving full benefits (deportation protection + work permit) while the case is pending.

What About First-Time DACA Applications?

The legal landscape has shifted. The Fifth Circuit limited its injunction to Texas, meaning first-time applications could theoretically be processed in other states. However, the situation remains fluid and uncertain. Contact an attorney for the latest status on first-time applications.

Note: This is an evolving legal situation. The district court proceedings continue. For the most current information, contact our office.

Who Is Eligible for DACA?

You may be eligible for DACA if you meet ALL of the following requirements:

• You were under 31 years old as of June 15, 2012
• You arrived in the United States before your 16th birthday
• You have continuously resided in the US since June 15, 2007
• You were physically present in the US on June 15, 2012
• You had no lawful immigration status on June 15, 2012
• You are currently in school, have graduated high school, obtained a GED, or are honorably discharged from the military
• You have not been convicted of a felony, significant misdemeanor, or three or more misdemeanors
• You do not pose a threat to national security or public safety

DACA Renewals

If you already have DACA, renewing is critical. Here is what you need to do:

• File Form I-821D to request renewal of your deferred action status
• File 120–150 days BEFORE your DACA expires. Do not wait until the last minute.
• Check your EAD (work permit) expiration date — your DACA expires on the same date
• Report any address changes to USCIS promptly
• Avoid any criminal issues while your renewal is pending
• If your DACA already expired, you may still be able to file depending on the current legal landscape — consult an attorney

Exploring Other Immigration Options

DACA is temporary protection. You may qualify for other, more permanent immigration benefits:

• Marriage to a US citizen — If you entered the US with a visa, you may be able to adjust status to permanent resident (green card)
• Advance parole + adjustment — Travel on advance parole can create a “lawful entry” that allows you to adjust status through a family-based or other petition
• U visa — If you are a victim of certain crimes and cooperated with law enforcement, you may qualify
• Special Immigrant Juvenile Status (SIJS) — If you were abused, neglected, or abandoned before age 21 by a parent, you may qualify
• Asylum — If you have a well-founded fear of persecution based on a protected ground (race, religion, nationality, political opinion, or membership in a particular social group), you may file for asylum

Each of these options has specific requirements, timelines, and risks. We strongly recommend consulting an attorney before pursuing any of these paths.

Frequently Asked Questions

Can I apply for DACA for the first time?

The situation is fluid. The Fifth Circuit narrowed its injunction to Texas, which could mean first-time applications are processable in other states. However, uncertainty remains. Contact an attorney for the latest information on your situation.

Can I get a green card through DACA?

Not directly. However, some DACA holders may qualify for a green card through other means — for example, if you marry a US citizen and entered with a visa, or if you travel on advance parole and later adjust status through a family petition. Each situation is different.

What if I get arrested while on DACA?

Contact an attorney immediately before your criminal case is resolved. An arrest or conviction can affect your DACA status and your immigration future.

Can I travel outside the US with DACA?

Only if you have advance parole. Traveling outside the US without advance parole will terminate your DACA status. Advance parole is not always available — it is granted on a case-by-case basis. When it is available, file for it before any travel.

Will DACA protect me from deportation?

DACA provides deferred action, which means USCIS agrees not to pursue deportation while your status is active. However, it is not a guarantee. DACA can be revoked if you become ineligible (e.g., due to a conviction or criminal activity) or if the program is terminated. Maintain your eligibility and consult an attorney about your long-term immigration strategy.

What about DACA in Texas?

The Fifth Circuit ruling may limit DACA in Texas to deportation protection only, without the work permit (EAD). However, as of early 2026, Judge Hanen has not yet issued a final order. Current DACA recipients in Texas continue to receive full benefits (protection + work permit) while the case is pending. Contact an attorney for the most current status.

Should I renew my DACA?

Yes, absolutely. Renew your DACA well before it expires. File your renewal 120–150 days before your expiration date. Do not let your DACA lapse.

Get Help with Your DACA Case

Call us: 503-749-7700
Email: questions@pdximmigration.com
Schedule a consultation: pdximmigration.com/consultation/

Our attorneys speak English, Spanish, and Russian. We serve Portland, Beaverton, Hillsboro, Gresham, and Vancouver, WA.

Disclaimer: This page is informational only and does not constitute legal advice. Immigration law changes frequently. Situations vary greatly by individual and jurisdiction. Contact an immigration attorney for advice on your specific situation. Last updated: March 2026.