Immigration Blog

November 8, 2026

Texas Voted for Change: What the Election Means for Your DACA Renewal Right Now

The short answer: the Texas election does not change your DACA renewal today. Current recipients can still apply to renew, but the court case limiting the program is still active. Texas’s incoming leadership could change the state’s position in that lawsuit. No decision has been announced, and no one can promise when or how the case will end.

If your DACA or work permit is nearing its expiration date, do not wait for political developments. Plan your renewal now, follow current filing instructions, and protect your ability to work.

What Changed in Texas, and What Did Not

In the November 2026 election, Texas voters elected Gina Hinojosa governor and Nathan Johnson attorney general. They will take office in January 2027. Hinojosa will be Texas’s first Latina governor.

These election results could matter to the future of Texas v. United States, the DACA lawsuit brought by Texas under former Attorney General Ken Paxton. Johnson has said he will review pending litigation and may dismiss cases he views as political or ideological. He has also said he will consider lawsuits case by case. He has not announced a decision about the DACA lawsuit, and neither Hinojosa nor Johnson has committed to ending it.

The election changes who will lead Texas. It does not itself change the federal court orders or USCIS processing rules that apply today. Check the Texas Secretary of State’s election results and USCIS’s DACA litigation updates for official information.

Your DACA Renewal Rules Are Still in Place

The lawsuit has limited the DACA program since 2021. Under the current court orders, USCIS cannot approve initial DACA applications. Current DACA recipients, however, can continue to submit renewals under the court’s stay.

The case is before U.S. District Court Judge Andrew Hanen following proceedings at the Fifth Circuit. There has been no final ruling from Judge Hanen since the 2025 appellate proceedings. A future change in Texas’s position could affect what happens in the case, but the timing and outcome remain unknown.

For now, USCIS continues to process renewal applications. If you currently have DACA, you still need to renew on time under the rules in effect. The election does not renew your status automatically, extend your work permit, or guarantee that the lawsuit will be dismissed.

A DACA recipient reviewing a renewal packet at a desk

File Early and Protect Your Work Authorization

USCIS recommends submitting a DACA renewal about 120 to 150 days before your current DACA and work permit expire. Because processing delays can be lengthy, plan ahead. Some practitioners recommend beginning preparations as early as nine months before expiration. Preparing early gives you time to gather information and address questions; check USCIS’s current instructions or speak with an immigration attorney about when to submit your application.

Renewal processing can take roughly seven months. That is not a guaranteed timeline for your case. USCIS has a stated processing goal of 120 days, but actual waits may be longer. You can check the agency’s case processing times and track your case online.

A pending renewal does not automatically extend your DACA work permit. DACA recipients generally do not receive the automatic 180-day extension available to some other work permit categories. Your work authorization expires on the date printed on your Employment Authorization Document (EAD), unless you receive a new one or another rule applies to your specific situation. Do not assume that a renewal receipt lets you keep working after that date.

If your EAD expiration is approaching, tell your employer early that a renewal is pending and discuss your expected timeline. Your filing receipt may show that you submitted an application, but it does not itself extend your DACA work authorization.

Practical Steps You Can Take Now

Use this checklist to stay organized while the lawsuit and Texas leadership transition continue:

  1. Check your expiration date. Look at your current DACA approval and EAD. Make a note of both expiration dates.
  2. Prepare your renewal early. Gather the information and documents you need, and follow the latest USCIS instructions for filing.
  3. Submit within the recommended window. USCIS generally recommends filing 120 to 150 days before expiration. If you are already closer to expiration, seek guidance promptly rather than waiting.
  4. Track your case. Keep your receipt notice and check your status through USCIS. USCIS says you may submit an inquiry if your renewal has been pending for more than 105 days.
  5. Update your address. Tell USCIS if you move. Important notices are sent by mail, and you should not assume mail will be forwarded.
  6. Plan for work authorization. Speak with your employer early about the expiration date and possible processing delays. A pending application does not generally extend a DACA EAD.

A DACA recipient checking case information on a laptop at home

What to Watch for in the DACA Lawsuit

The incoming Texas attorney general may review the state’s role in Texas v. United States. Johnson could decide to continue the lawsuit, seek to withdraw Texas from it, or take another position. Any change would need to proceed through the court; an election promise or public statement alone does not end a federal case.

Even if Texas changes course, the result may not be immediate. The case involves court orders and other parties, and the judge would determine what happens next under applicable procedures. A development in the lawsuit could affect future DACA rules, but it would not necessarily change your individual status or work permit the same day.

We will keep following DACA news and share updates as significant developments are confirmed. Until then, rely on the current rules, not predictions about what the new administration may do.

We Can Help You Plan Your DACA Renewal

A delayed work permit or an approaching expiration can create real stress for you and your family. You do not have to sort through changing court news alone. Bailey Immigration PC has focused on immigration law for more than 20 years, and our team helps Dreamers understand renewal requirements and prepare for the next step.

Visit our DACA services page or contact our office to discuss your situation. We can help you understand your renewal timeline and options based on your circumstances.

This article provides general information as of November 8, 2026. It is not legal advice and does not create an attorney-client relationship. DACA rules and court proceedings can change. Speak with an immigration attorney about your specific case.