DACA is still here—but the rules surrounding it continue to change.

If you have DACA, previously had DACA, are considering your immigration options, or have a family member who does, recent developments may affect your ability to travel, renew your DACA and work permit, or pursue a future path to a Green Card.

On August 13, 2026, the Board of Immigration Appeals (BIA) issued a significant decision in Matter of Delcarmen-Lara that changed how immigration law treats certain travel outside the United States using advance parole.

Here are five important questions DACA recipients and their families should know about.

1. Can DACA recipients still travel using Advance Parole?

This is where the biggest recent change happened.

Advance parole is permission that may allow certain people with DACA or other immigration benefits to temporarily travel outside the United States and seek permission to return.

On August 13, 2026, the BIA issued Matter of Delcarmen-Lara, which overturned a prior rule from 2012. The BIA held that leaving the United States on advance parole can count as a “departure” for purposes of certain unlawful-presence bars.

Why does that matter?

If someone has accumulated enough unlawful presence before leaving the United States, traveling—even with advance parole—could potentially trigger a 3-year or 10-year bar to admission.

This is especially important for DACA recipients who have been considering travel as part of a strategy to pursue permanent residence.

Reminder: Do not assume that having advance parole means travel is safe for your particular situation.

The BIA stated that its new rule applies prospectively, meaning the decision generally concerns departures occurring after the decision—not trips that were already completed before August 13, 2026.

Before traveling internationally, speak with an immigration attorney who can review your individual immigration history.

2. What does Texas v. United States mean for DACA?

DACA has been tied up in federal court for years.

In January 2025, the Fifth Circuit Court of Appeals upheld a ruling that found the DACA Final Rule substantively unlawful. However, the court did not end DACA's protection from deportation and narrowed the injunction so that it applies only to Texas. The court also continued protections for people who already had DACA.

So, what does that mean right now?

Current DACA recipients can continue to renew their DACA and employment authorization.

The situation remains subject to ongoing litigation, and additional court decisions could change the program in the future.

That is why DACA recipients should avoid relying on old information found online or on social media.

3. Is Biden's DACA regulation still in effect?

The short answer is the DACA regulation was found unlawful, but that does not mean existing DACA recipients immediately lost their status.

The 2022 DACA Final Rule was challenged in court. The Fifth Circuit agreed that the rule was substantively invalid but preserved the existing DACA forbearance policy and continued protections for current recipients while the litigation continues.

For people who already have DACA, this means the current system continues to allow qualifying recipients to renew.

However, the future of DACA remains uncertain.

Think of DACA as a program that is still operating while its legal foundation continues to be challenged.

4. Can I still renew DACA? What about someone applying for the first time?

DACA renewals are still being accepted and processed.

If you currently have DACA—or your DACA expired less than one year ago—you may generally be able to submit a renewal request.

USCIS recommends filing your renewal 120–150 days before your current DACA period expires to help avoid a gap in protection and employment authorization.

But there is an important difference between renewals and initial applications.

USCIS continues to accept initial DACA requests, but it is currently not processing or approving initial DACA requests because of the ongoing court orders.

An “initial” request can include someone applying for DACA for the first time, someone whose previous DACA expired more than one year ago, or someone whose previous DACA was terminated.

If you previously had DACA but lost it, don't automatically assume you have to start over. Your specific history can determine how USCIS classifies your request.

5. How does the DACA and Employment Authorization renewal process work?

DACA and employment authorization are connected, so staying ahead of your expiration dates is extremely important.

For a typical renewal, you will need to submit the appropriate DACA and employment authorization applications and supporting documentation.

A few important reminders:

Don't wait until the last minute.

USCIS recommends submitting your renewal about 4–5 months before your current DACA expires.

Make sure your forms are complete.

Errors, missing information or missing documentation can create additional delays.

Watch your work permit expiration date.

Your DACA and employment authorization are separate benefits, but they are generally renewed together.

Keep USCIS updated.

Make sure USCIS has your current mailing address and monitor your case for notices or requests for additional information.

Don't ignore changes in your circumstances.

Arrests, criminal charges, immigration court proceedings, international travel and other changes can affect your situation. Get legal advice before filing if something significant has changed since your last renewal.

What Should DACA Recipients Do Now?

Don't panic—but don't ignore the changes either.

The August 2026 Delcarmen-Lara decision makes international travel a much more complicated issue for some DACA recipients. At the same time, DACA renewals and employment authorization renewals continue to be processed, while initial DACA applications remain blocked from approval.

Most importantly, your immigration history matters.

Two people with DACA can have very different options depending on how they entered the United States, how long they have been here, whether they have accrued unlawful presence, whether they have traveled before, their family relationships and other factors.

If you are a current DACA recipient, a former DACA recipient, or a family member trying to understand your options, now is a good time to review your immigration situation—not wait for another change in the law.

Your future deserves a plan.

At Wheeler Law, we help clients understand what their current immigration status means and what options may be available for their future.

Call us now to schedule a consultation: (602) 586-5625. 

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Disclaimer: The information provided in this blog is for general informational purposes only and does not constitute legal advice. Reading this blog does not create an attorney-client relationship with Wheeler Law.