DACA — Deferred Action for Childhood Arrivals — has been subject to ongoing legal challenges since 2018, and as of 2026, the program's status continues to be shaped by federal court decisions. If you are a DACA recipient in Austin, or if someone in your family holds DACA, here's what you actually need to know about where things stand.
Note: Immigration law changes rapidly. This article reflects the situation as of May 2026. For current guidance specific to your situation, speak with an immigration attorney who follows DACA litigation closely.
The Current Legal Status of DACA
DACA has been in continuous litigation in federal courts since a 2018 challenge in the Southern District of Texas. The program has survived multiple challenges, been enjoined, been reinstated, and continues to be contested. The Fifth Circuit Court of Appeals — which covers Texas — has been a central venue for these cases.
As of 2026, the core situation is:
- USCIS continues to process renewals for current DACA recipients, subject to the status of current court orders
- New initial DACA applications have been affected by injunctions and may not be processing in Texas
- The program's long-term legal future remains uncertain and subject to further court decisions
An immigration attorney who tracks DACA litigation specifically is the only source for reliable current information about what USCIS is actually processing and when.
What DACA Provides — and Doesn't Provide
DACA provides:
- Deferred action — a prosecutorial discretion decision not to remove you for the two-year period of your DACA grant
- Work authorization through an Employment Authorization Document (EAD)
- The ability to apply for advance parole to travel outside the U.S. in some circumstances (subject to the same litigation uncertainty)
DACA does not provide:
- A pathway to a green card through DACA itself
- Lawful immigration status (deferred action is discretionary, not a status)
- Protection from all immigration enforcement
- Automatic eligibility for federal financial aid (some state aid may be available in Texas)
If You Are a Current DACA Recipient in Austin
The most important things to do right now:
- Track your EAD expiration date carefully. Renewals should be filed 180 days (six months) before your EAD expires. Given processing time uncertainty, filing early is more important than ever.
- Speak with an immigration attorney about your specific situation. Every DACA recipient's family situation, entry history, and employment situation is different. Some DACA recipients have pathways to permanent residence through family or employment that they haven't explored. An attorney can evaluate whether any of those apply to you.
- Do not travel outside the United States without consulting an attorney first. Travel on advance parole has significant immigration consequences and the rules have changed. What was safe five years ago may not be safe now.
- Keep copies of all your DACA documentation. Approval notices, EADs, employment records, and any other evidence of your DACA history.
Alternative Pathways to Consider
If you are a DACA recipient, your immigration attorney should evaluate whether any of the following apply to your situation:
- Family-based immigration: If you have a qualifying family relationship with a U.S. citizen or permanent resident, you may have a path to a green card that is independent of DACA.
- Employment-based immigration: If your employer is willing to sponsor you, employment-based immigration may be an option depending on your qualifications and the employer's situation.
- Special immigrant juvenile status: For younger individuals who meet specific criteria.
- Other relief: Depending on your country of birth and specific circumstances, other forms of relief may be available.
These evaluations are individual and fact-specific. A general blog post cannot tell you which applies to you. An attorney can.
Learn more about DACA and immigration options in Austin or connect with an Austin immigration attorney who follows DACA developments closely.
Disclaimer: This article provides general legal information for educational purposes only. It does not constitute legal advice. Immigration law changes rapidly and the status of DACA is subject to ongoing litigation. Consult a licensed Texas immigration attorney for current, specific advice about your situation.