Current DACA legal status as of 2026
DACA (Deferred Action for Childhood Arrivals) was created by executive action in 2012. It has faced ongoing legal challenges: in 2021, a federal district court in Texas ruled DACA unlawful, barring new applications. As of mid-2026, USCIS continues accepting renewal applications for existing DACA recipients under a federal court order allowing renewals to continue, while new initial applications remain blocked. Renewals are processing but may continue to be subject to court-ordered changes — recipients should monitor USCIS announcements.
Congress has not passed permanent DACA legislation (such as the DREAM Act). DACA remains a deferred action policy, not a law — protection is administrative and subject to policy changes.
How to renew DACA
To renew DACA, submit the following package to USCIS: (1) Form I-821D (Consideration of Deferred Action for Childhood Arrivals) — the request for deferred action itself; (2) Form I-765 (Application for Employment Authorization) — the work permit request under category (c)(33); (3) Form I-765WS (Worksheet supporting the I-765). File with the required $495 fee (for the I-765; the I-821D has no fee). USCIS recommends submitting the renewal 150–120 days before your current DACA expiration date.
Include with your package: a copy of your current EAD (Employment Authorization Document) showing the DACA category, your current passport or ID, and any relevant immigration documents. If your address has changed since your last renewal, include a copy of any updated documents. Biometrics are required — you will receive an appointment notice for a USCIS Application Support Center after submission.
What DACA protection does and does not provide
An approved DACA renewal grants: 2 years of protection from deportation (deferred action), a 2-year Employment Authorization Document (EAD) work permit, and eligibility for Social Security numbers and state driver's licenses in most states. DACA does not provide lawful immigration status — DACA recipients remain in an undocumented status with deferred action. It does not provide a path to permanent residence or citizenship by itself. Some states and private employers have expanded benefits for DACA recipients, and some states have added their own legal protections.
Related Questions
What happens if my DACA expires and I haven't renewed?
If DACA expires, your deferred action and work authorization end. You revert to undocumented status. It is critical to file the renewal package at least 120 days before expiry to avoid a gap.
Can I travel outside the US with DACA?
Travel requires 'advance parole' — a separate application (Form I-131) that must be approved before departure. Leaving without advance parole may constitute abandonment of your deferred action and make you ineligible for future DACA renewals.
Does DACA give any path to a green card?
Not directly. However, some DACA recipients have qualified for green cards through marriage to a US citizen, employment sponsorship, or other family-based categories that are separate from DACA itself.
What is the DACA renewal fee?
The renewal fee is $495 for the I-765 employment authorization component. The I-821D (deferred action request itself) has no fee. Fee waivers may be available in cases of economic hardship.
Are DACA renewal processing times predictable?
USCIS processing times for DACA renewals fluctuate significantly. As of 2026, processing is generally 3–6 months from receipt. Filing 150 days in advance should provide a sufficient buffer to avoid an EAD gap.
Official Sources
This guide is general information, not legal advice. Fees and processing times change; always confirm with the official government source before acting.