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USCIS is processing DACA renewals in all 50 states in 2026, including Texas. First-time requests are a different story. The agency will accept an initial Form I-821D, but a federal court order has blocked it from approving any new applicants since July 2021. That freeze is still in place today. So, the honest answer to “who still qualifies” splits into two groups: people who already have DACA and people who meet the guidelines on paper but cannot receive a grant right now.
The Original 2012 Guidelines Still Control
Eligibility has not been changed since the criteria announced on June 15, 2012. These criteria, which are now codified in the DACA regulations at 8 CFR 236.22, continue to govern every request for eligibility. You must demonstrate that you:
- Were under age 31 as of June 15, 2012
- Arrived in the United States prior to your 16th birthday
- Have lived here continuously since June 15, 2007
- Were physically present on June 15, 2012 and had no lawful immigration status at that time
- Are currently enrolled in school, have graduated from high school, received a GED or were honorably discharged from the military or Coast Guard
- Do not have a felony conviction or significant misdemeanor
- Have no more than three misdemeanors in total
- Criminal history is the area where eligibility can become complicated, so it will require a case-by-case review to determine eligibility.
Notice the math. Someone who qualified had to be here by 2007. The youngest possible DACA recipients are now in their mid-twenties, and the program has been closed to new applicants for years.
Renewals Are Open. First-Time Grants Are Not.
The litigation in Texas v. United States explains the split. In January 2025, the Fifth Circuit found the DACA rule unlawful, but narrowed the injunction to Texas and kept it in place for current recipients. USCIS continues to accept and process renewals nationwide while the case is pending before the district court, with initial requests accepted but not yet decided.
To renew in 2026, you still must meet the original guidelines plus three more conditions: you didn’t leave the United States on or after August 15, 2012 without advance parole; you have lived here continuously since your last approved grant; and you haven’t had any disqualifying convictions.
What Changed for 2026
The rules are outdated. The practical reality is not.
- Processing times have slowed down. Renewals that used to take weeks are now taking months, with some recipients waiting four months or more. A delay means losing your work permit and often your driving license while you wait.
- The stakes in removal proceedings have increased. A decision from the Board of Immigration Appeals in April 2026 stated that DACA alone does not prevent deportation proceedings from continuing.
- Fees have been updated. The total cost is $555 online or $605 via mail, covering Forms I-821D and I-765. USCIS no longer accepts paper checks for mail-in filings.
File your renewal 120-150 days before your current grant expires. Not earlier, because early filings will not speed up anything. Definitely not later.
DACA Was Never a Legal Status
Deferred action is a promise not to deport you for two years, paired with work authorization. It is not a visa, nor a green card, nor a path to citizenship on its own. Many recipients now have options they did not have in 2012, such as marriage to a U.S. citizen or an employer willing to sponsor them. Advance parole can be enormously important here, because it can create a legal entry that opens doors later. This is exactly the type of analysis worth considering with a lawyer before your circumstances change.
Talk to an About Your DACA Case
David Cox has practiced immigration law for over two decades, both on the government and private sides, and CoxEsq., PC represents Dreamers in Missouri, Illinois, and nationwide. Whether you need a clean, timely renewal or a serious look at options beyond DACA, contact CoxEsq., PC for a consultation.