Deferred Action for Childhood Arrivals (DACA) Information

UPDATE – October 27, 2025

In late September, the government responded to the federal court’s latest order in the Texas case challenging DACA. For now, there are no changes to the DACA program, and we are waiting for the Judge’s next order.

In its response, the government explained that, to comply with the Texas-only ruling, USCIS would start processing initial DACA applications nationwide. However, if the applicant lives in Texas, USCIS would not issue an initial work permit. Renewals are not currently affected — USCIS will continue processing them as usual. The government also noted that this plan does not prevent it from pursuing future changes to DACA.

Judge Hanen will now review the government’s proposal and issue an order. Until then, the process for DACA applications remains the same.

FOR NOW: There are NO new changes to DACA.

THE CURRENT STATUS OF DACA IS:

• IF YOU ARE A CURRENT DACA RECIPIENT:
  You remain protected against deportation and can still renew your DACA.
• IF YOUR DACA STATUS HAS EXPIRED FOR ONE YEAR OR MORE:
  Your renewal will be treated like a new application. New applications are being accepted but are NOT being approved.
• IF YOU ARE DACA ELIGIBLE BUT HAVE NOT APPLIED:
  Applications are still being accepted but are NOT being approved. There is no timeline for resuming processing of initial DACA applications. Filing an initial DACA application is a case-specific decision, and we recommend consulting with a qualified immigration legal representative before applying.
• IF YOU ARE DACA ELIGIBLE AND HAVE APPLIED:
  Pending applications are still NOT being approved. There is no timeline for resuming processing of initial DACA applications.

WHAT SHOULD YOU DO NEXT?

1. Stay informed. HELS continues to monitor the news closely for any updates about DACA.
2. DACA recipients should continue to apply for their DACA renewals.
3. Make an appointment with HELS if you need assistance or have further immigration-related questions. Filing an initial DACA application to USCIS is a case-specific decision and we recommend consulting with a qualified immigration legal representative before applying

HELS is here to help.

UPDATE – October 2, 2025

This week, the government responded to the federal court’s latest order in the Texas case challenging DACA. For now, there are no changes to the DACA program, and we are waiting for the Judge’s next order.

In its response, the government explained that, to comply with the Texas-only ruling, USCIS would start processing initial DACA applications nationwide. However, if the applicant lives in Texas, USCIS would not issue an initial work permit. Renewals are not currently affected — USCIS will continue processing them as usual. The government also noted that this plan does not prevent it from pursuing future changes to DACA.

Judge Hanen will now review the government’s proposal and issue an order. Until then, the process for DACA applications remains the same.

FOR NOW: There are NO new changes to DACA.

THE CURRENT STATUS OF DACA IS:

• IF YOU ARE A CURRENT DACA RECIPIENT:
  You remain protected against deportation and can still renew your DACA.
• IF YOUR DACA STATUS HAS EXPIRED FOR ONE YEAR OR MORE:
  Your renewal will be treated like a new application. New applications are being accepted but are NOT being approved.
• IF YOU ARE DACA ELIGIBLE BUT HAVE NOT APPLIED:
  Applications are still being accepted but are NOT being approved. There is no timeline for resuming processing of initial DACA applications. Whether to apply for initial DACA at this time is a case-specific decision, and we recommend consulting with a qualified immigration legal representative before applying.
• IF YOU ARE DACA ELIGIBLE AND HAVE APPLIED:
  Pending applications are still NOT being approved. There is no timeline for resuming processing of initial DACA applications.

WHAT SHOULD YOU DO NEXT?

1. Stay informed. HELS continues to monitor the news closely for any updates about DACA.
2. DACA recipients should continue to apply to renew.
3. Make an appointment with HELS if you need assistance or have further immigration related questions. Whether to apply for initial DACA at this time is a case-specific decision, and we recommend consulting with a qualified immigration legal representative before applying.
   HELS is here to help.

UPDATE – February 6, 2025

On January 17, 2025, the Fifth Circuit Court of Appeals upheld the Texas District Court ruling against DACA, declaring the program unlawful. However, the decision only applies to DACA recipients in Texas and is on hold until a final decision is made. There is also a possibility the ruling could be appealed to the Supreme Court.

FOR NOW: Current DACA recipients, including those in Texas, remain protected, authorized to work, and able to renew their status.

THE CURRENT STATUS OF DACA IS:

• IF YOU ARE A CURRENT DACA RECIPIENT:
  You remain protected against deportation and can still renew your DACA.
• IF YOUR DACA STATUS HAS EXPIRED FOR ONE YEAR OR MORE:
  Your renewal will be treated like a new application. New applications are being accepted but are NOT being approved.
• IF YOU ARE DACA ELIGIBLE BUT HAVE NOT APPLIED:
  Applications are being accepted but are NOT being approved.
• IF YOU ARE DACA ELIGIBLE AND HAVE APPLIED:
  Pending applications are still NOT being approved, and it is unclear when or if they will be approved.

WHAT SHOULD YOU DO NEXT?

1. Stay informed. HELS continues to monitor the news closely for any updates about DACA.
2. DACA recipients should continue to apply to renew.
3. Make an appointment with HELS if you need assistance or have further immigration related questions. HELS is here to support.

UPDATE – October 7, 2024

DACA Goes to the 5th Circuit Court (Again) — What Happens Now?

The future of the Deferred Action for Childhood Arrivals (DACA) program remains in limbo with another court hearing set for October 10. Judges from the Fifth U.S. Circuit Court of Appeals will hear arguments on the case, initiated in 2018 by Texas and other Republican-led states seeking to end DACA. A final decision by the court could take as long as 18 months.  If the Fifth Circuit Court rules against DACA, it could then be appealed to the U.S. Supreme Court.  If the Supreme Court decides to take the case, the court would likely hear arguments in the next two years.

Even if the Fifth Circuit Court rules against DACA, they will likely continue to allow for renewals until the case is resolved at the Supreme Court. DACA recipients should continue to apply for renewals 120-150 days before their current DACA expires. We encourage DACA recipients to continue looking into any new pathways that might have opened for them, such as the new Keeping Families Together Parole in Place program.

Until a decision is made by the court, below is the current status of DACA:

• If you are a current DACA Recipient: You are still protected and you still can renew your DACA, though you may want to renew early for greater protection.
• If your DACA status has expired for one year or more: Your renewal will be treated like a new application. New applications are being accepted but are NOT being approved.
• If you are DACA eligible but have not applied: Applications are being accepted but are NOT being approved.
• If you are DACA eligible and have applied: Pending applications are still NOT being approved.

The Higher Education Legal Services (HELS) team will be watching closely for news of any decision after the October 10 hearing. When that happens, we will review the decision and provide you with any updates.

Know that you are not alone. HELS is part of a community of support for DACA recipients and their families. We stand with DREAMers and encourage you to empower yourself with good information. HELS is here for your immigration questions about your unique situation.

UPDATE – April 1, 2024

Recent changes to United States Citizenship and Immigration Services (USCIS) filing fees will impact Deferred Action for Childhood Arrivals (DACA) renewal applicants. These changes are part of an overall update, in some cases providing fee exemptions and fee waivers, for others an increase in fees.

As always, HELS can assist with the entire application process at no cost for our legal services. Currently, we also have funds for those who are students, staff or faculty of a California Community College that can cover the DACA Renewal and Employment Authorization Document fees.