Know Your Rights | Dreamers (DACA) | ACLU

Question 1

What is the current status of the DACA program?

Accepted Answer

There is ongoing litigation challenging the Deferred Action for Childhood Arrivals (DACA) program. Although individuals with DACA can continue to renew for now during the court appeals process, since July 2021, the government will not grant any new first-time DACA requests. Legal developments may change, especially for first-time DACA applicants and DACA recipients residing in Texas, so please monitor for updates.

The DACA program has been subject to litigation for multiple years. In August 2022, the Biden administration finalized a formal regulation for the DACA program that replaced the 2012 DACA memo that had created the program. A federal district court judge in Texas then ruled against the DACA regulation but allowed existing DACA recipients to renew while the case is pending. In January 2025, the Fifth Circuit Court of Appeals held two important things: (1) the district court’s order invalidating the DACA rule could only apply to the state of Texas, and (2) for residents in Texas, protections from deportation can continue but work permits could not. However, the case is now back in the district court where the parties will work out how to implement the Fifth Circuit’s decision.

If you are a current DACA recipient in Texas, you still have access to your work permit and the ability to renew your DACA.

If you are a first-time DACA applicant, in theory the government should be able to start processing new applications but USCIS has not issued any guidance and it is strongly recommended that you consult an immigration attorney or accredited representative before considering applying for the first time.

The status of the program could change further as courts issue more decisions, so we recommend checking the USCIS or United We Dream’s website for up-to-date information.

Question 2

I currently have DACA. Am I able to keep it for now?

Accepted Answer

Yes. Current DACA recipients are still protected and can keep their deferred action and work permits for now. However, depending on what happens before the federal district court judge in Texas and with the Trump administration, this situation may change for DACA recipients living in the state of Texas. If you are a DACA recipient living in Texas and get detained, please get in touch with United We Dream.

Question 3

Can I apply to renew my DACA?

Accepted Answer

Yes. If you have been granted DACA in the past, you may apply to renew your DACA. If your situation has changed since you last applied (for example, if you have had contact with law enforcement), we recommend that you consult with an immigration attorney or accredited representative before filing your renewal. We also recommend consulting with an immigration attorney or accredited representative if you are living in Texas.

Question 4

When should I apply to renew my DACA?

Accepted Answer

If your DACA expires soon, you are encouraged to apply for renewal. Currently, USCIS suggests filing a renewal request between 120 and 150 days (i.e., between 4 and 5 months) prior to the expiration of your DACA. USCIS will accept forms before 150 days but it may not process them until your DACA is within 150 days of expiration. There is currently no deadline by when renewal requests are due. However, it is possible that a court could order USCIS to stop granting renewal applications in the future. If you are thinking about renewing earlier than 150 days in advance, we recommend that you consult with an immigration attorney or accredited representative before filing your renewal early.

Question 5

Can I get DACA approved for the first time?

Accepted Answer

Not at this time. Due to a Texas federal judge’s order, USCIS is currently not able to approve any new initial requests for people who have never had DACA before. Currently, only people who have previously had DACA can have their DACA renewed.

Question 6

I have DACA. Can I apply for advance parole to travel outside the U.S.?

Accepted Answer

According to USCIS’s DACA Frequently Asked Questions the agency will continue to process and grant advance parole to current DACA recipients for now. We recommend that you consult with an immigration attorney or accredited representative before applying for advance parole and before traveling outside the U.S.

Question 7

I had DACA, but it was revoked even though I still qualify for DACA. What should I do?

Accepted Answer

If you believe you or someone you know has had their DACA unlawfully revoked, contact the ACLU at DACArevoked@aclu.org. You can also read more about the ACLU’s legal challenge to unlawful DACA revocation practices here and here.

Question 8

Additional information on DACA

Accepted Answer

We recommend that you check the USCIS website regularly. United We Dream also offers resources for DACA recipients here.

For details directly from U.S. Citizenship and Immigration Services: Consideration of Deferred Action for Childhood Arrivals

Dreamers (DACA)

Overview

All Scenarios

Dreamers (DACA)

Overview

All Scenarios

Related Rights Info

What to Do If You Think You're on the No Fly List

Derechos de los Inmigrantes

100 Mile Border Zone

Immigrants' Rights