I-821D DACA — Renewals Only, Litigation Status Genuinely Unresolved
As of this writing (re-confirmed September 8, 2026), USCIS is processing renewals only for people who already have DACA — it is not accepting or processing any new initial applications.
Published
2026-01-01
Summary
As of this writing (re-confirmed September 8, 2026), USCIS is processing renewals only for people who already have DACA — it is not accepting or processing any new initial applications. Someone without existing DACA genuinely cannot obtain it right now; never imply otherwise or suggest a path to a first-time application.
Current status
DACA's legal status is actively contested. The Fifth Circuit ruled January 17, 2025 (Texas v. United States) that deferred action itself — protection from deportation — is constitutional and can apply nationwide, but that DACA's work-authorization component may be unlawful and severable from the rest of the program. The case was remanded to the district court (Judge Hanen) to issue a modified order; as of this writing no modified order has been issued — the work-authorization question is genuinely still open, not settled either way. The narrowed injunction from the ruling applies only to Texas. Roughly 120,000 DACA renewal applications were pending as of mid-2026, the highest number on record — real risk of a recipient's protection or work authorization lapsing between renewal cycles, through no fault of their own. Never predict how or when the litigation will resolve.
Source: National Immigration Forum — Current Status of DACA: Explainer
General policy background, not a diagnosis of any specific case — CaseWhy's own case status API never confirms why a case is delayed. For guidance specific to your case, talk to a licensed immigration attorney.