DACA in 2026: What Texas Dreamers Must Know as Legal Challenges Continue
For the approximately 500,000 active DACA recipients in the United States — including tens of thousands in Texas — 2026 is a year of profound uncertainty. The Deferred Action for Childhood Arrivals program, which has protected Dreamers from deportation and provided work authorization since 2012, faces ongoing legal challenges in federal court, a hostile administration that has declined to defend the program, and no legislative solution on the horizon.
If you are a current DACA recipient in Texas, understanding your legal status, your renewal options, and your alternative immigration pathways has never been more important. Here is what you need to know right now.
The Current Legal Status of DACA
DACA’s legal fate has been contested in federal court for years. The most directly threatening case is Texas v. United States, presided over by Judge Andrew Hanen of the Southern District of Texas. In 2023, Judge Hanen ruled the DACA program unlawful, but his injunction allowed existing recipients to continue renewing their status while the case proceeds through appeals. No new initial DACA applications have been accepted since 2021.
The case is now in a posture where supplemental briefing was completed in September 2025, and Judge Hanen could issue a new ruling at any time — potentially one that affects existing renewals. The current administration has not mounted a vigorous defense of DACA, and some legal observers expect the government may actively support the program’s termination.
At the same time, separate litigation at the Fifth Circuit Court of Appeals and potentially the Supreme Court could affect DACA’s future. The legal landscape is fluid, and developments could come without warning.
What DACA Currently Provides
For existing recipients who continue to renew, DACA provides two key benefits: deferred action (protection from deportation on a discretionary basis) and an Employment Authorization Document (EAD) valid for two years. DACA does not provide lawful immigration status — recipients are not lawful permanent residents and do not have a visa. DACA is a form of prosecutorial discretion that can be revoked at any time.
DACA recipients can also obtain a Social Security number, apply for driver’s licenses, and in many states access in-state college tuition rates. In Texas, DACA recipients are eligible for Texas driver’s licenses and can work legally with their EAD.
Renewing Your DACA in 2026
If you are a current DACA recipient, you should continue to renew your DACA on time. USCIS is currently processing renewal applications, and Judge Hanen’s injunction allows existing recipients to continue renewing. File your renewal application (Form I-821D, I-765, and I-765WS) at least 120 to 150 days before your current DACA and EAD expire. This buffer accounts for processing delays and ensures you do not experience a gap in work authorization.
The renewal filing fee is $410. USCIS processing times for DACA renewals currently range from 2 to 6 months, though times can fluctuate. If your EAD expires before your renewal is processed, you may experience a gap in work authorization — making early filing essential.
What Happens If DACA Is Terminated
If the court issues a ruling that terminates DACA — including renewals for existing recipients — the consequences would be severe and immediate. EADs would not be renewed, meaning recipients would lose work authorization upon their current EAD’s expiration. Deferred action would end, removing the protection from deportation. Social Security numbers issued under DACA would remain valid, but employment based on those numbers would be unauthorized.
It is important to note that DACA termination does not automatically trigger deportation proceedings for every recipient. USCIS has historically stated that information provided in DACA applications would not be used for enforcement purposes (with exceptions for fraud, criminal activity, or national security concerns). However, this policy could change under the current administration, and there are no binding legal protections preventing information sharing between USCIS and ICE.
Alternative Immigration Pathways for DACA Recipients
Because DACA’s future is uncertain, Dreamers should explore whether they qualify for any independent immigration pathway that does not depend on DACA. Common alternatives include:
Marriage to a U.S. Citizen
If you are married to a U.S. citizen and you entered the United States with inspection (a valid visa, even if now expired), you may be eligible for adjustment of status to permanent residence regardless of DACA status. If you entered without inspection, adjustment may be possible if you qualify for certain exceptions (such as INA § 245(i) grandfathering).
Family-Based Petitions
If a U.S. citizen parent, spouse, or adult child can petition for you through Form I-130, the petition can be filed regardless of DACA status. The challenge is that many DACA recipients entered without inspection, which complicates the adjustment of status pathway. Consular processing may be required, which triggers unlawful presence bars — unless a provisional waiver (I-601A) is obtained first.
Employer-Sponsored Green Card
Some DACA recipients with advanced degrees or exceptional skills may qualify for employment-based green cards, including the National Interest Waiver (NIW) which does not require employer sponsorship. The NIW pathway allows self-petition, which can be particularly valuable for DACA recipients in STEM fields, healthcare, or other high-demand professions.
U-Visa (Crime Victims)
DACA recipients who have been victims of qualifying crimes and who cooperated with law enforcement may be eligible for a U-visa, which provides a separate pathway to lawful status and eventually a green card.
VAWA Self-Petition
DACA recipients who have been subjected to domestic violence by a U.S. citizen or permanent resident spouse or parent may qualify for a VAWA self-petition, which provides an independent immigration pathway.
Steps Every DACA Recipient Should Take Now
Renew early. File your renewal 120 to 150 days before expiration. Do not wait.
Consult an immigration attorney. Have a qualified attorney review your full immigration history to identify any alternative pathways you may not have considered. Many DACA recipients qualify for benefits they do not know about.
Organize your records. Gather and secure copies of all immigration documents, tax returns, employment records, school records, and any documents that establish your continuous presence in the United States. If DACA is terminated, these records may be critical for establishing eligibility for future relief programs.
Know your rights. Even without DACA, you have constitutional rights — including the right to remain silent, the right to refuse consent to a search, and the right to an attorney in immigration proceedings. Familiarize yourself with these rights and carry a “know your rights” card.
Create an emergency plan. Identify an immigration attorney you can contact immediately if there is a sudden change in DACA policy. Know who will care for your U.S. citizen children, how to access your finances, and what documents you need to have readily available.
Texas-Specific Considerations
Texas is home to one of the largest DACA populations in the country, and the state itself is the lead plaintiff in the case challenging the program. Texas DACA recipients face the unique situation of living in the state that is actively seeking to terminate their protection.
At the same time, Texas communities — particularly in San Antonio, the Rio Grande Valley, and border cities like Eagle Pass — have large populations of mixed-status families where some members have DACA, some have green cards, and some are U.S. citizens. Understanding how DACA changes affect the entire family unit is essential for planning.
Frequently Asked Questions
Can I apply for DACA for the first time in 2026?
No. USCIS has not accepted initial (first-time) DACA applications since July 2021, following Judge Hanen’s original ruling. Only renewal applications are currently being processed.
Will I be deported if DACA ends?
DACA termination does not automatically place you in deportation proceedings. However, without deferred action, you would not have protection from removal, and your work authorization would expire. ICE prioritizes certain individuals for enforcement, and policies may change.
Should I leave the country before DACA ends?
Do not leave the United States without consulting an immigration attorney. Departing the U.S. after accruing unlawful presence triggers 3-year and 10-year reentry bars that can prevent you from returning. Advance Parole under DACA allows limited travel, but this benefit would end with the program.
Can DACA recipients serve in the military?
DACA recipients have historically been eligible for the Military Accessions Vital to the National Interest (MAVNI) program, though this program has been suspended. Current enlistment options for DACA recipients are extremely limited.
Protect Your Future — Explore Your Options Now
Attorney Alfredo Lozano is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization — a credential held by fewer than 5% of Texas immigration attorneys. With offices in San Antonio, Eagle Pass, and San Angelo, the Lozano Law Firm helps DACA recipients protect their current status and identify pathways to permanent solutions.
Do not wait for a court ruling to determine your future. Schedule a consultation today to review your options.
