DACA Explained and How to Renew

Deferred Action for Childhood Arrivals (DACA) currently allows certain people who came to the United States as children to receive protection from deportation and a work permit, in two-year increments — but as of this writing (July 2026), USCIS is processing renewals for people who already have DACA. First-time ("initial") requests can be submitted, but a federal court order currently bars USCIS from granting new DACA to anyone who does not already have it. This area of law is changing in real time, so before you rely on anything below, check the current status yourself at uscis.gov/DACA.

What DACA actually provides

DACA is not a visa, a green card, or a path to citizenship. It is a discretionary decision by the Department of Homeland Security to temporarily not pursue deportation ("removal") against someone who meets the program's criteria, combined with eligibility to apply for a work permit (Employment Authorization Document, or EAD). A grant of DACA:

• Defers removal proceedings for a set period (historically two years at a time)
• Allows the recipient to apply for an EAD, which permits lawful employment in the U.S.
• Does not, by itself, grant lawful immigration status
• Can be terminated if the person no longer meets the guidelines or commits certain crimes

Because DACA is discretionary and was created through executive branch action rather than a law passed by Congress, it has been the subject of years of litigation, and its scope has shifted more than once. Treat any specific detail here as a snapshot, not a permanent rule.

Who currently qualifies

The general criteria USCIS has historically used to evaluate DACA requests include that the person:

• Was under 31 years old as of June 15, 2012
• Came to the U.S. before their 16th birthday
• Has continuously resided in the U.S. since June 15, 2007, through the present
• Was physically present in the U.S. on June 15, 2012, and at the time of filing
• Had no lawful status on June 15, 2012
• Is currently in school, has graduated or obtained a certificate of completion, obtained a GED, or is an honorably discharged veteran
• Has not been convicted of a felony, a significant misdemeanor, or multiple misdemeanors, and does not otherwise pose a threat to national security or public safety

Important: because of court rulings, USCIS is currently barred from approving new (first-time) requests under these criteria, even for people who meet them. In practical terms, "who qualifies" today mostly means: people who already hold or have previously held DACA and remain otherwise eligible to renew. If you have never had DACA before, confirm directly with USCIS or an accredited representative what is possible in your case before you file or pay any fee.

The current legal status — read this before you act

DACA has been under continuous legal challenge in federal court for years, centered on a Texas-led lawsuit. The litigation has produced rulings that:

• Found parts of the DACA framework unlawful while allowing the government's non-enforcement ("forbearance") policy to continue for existing recipients
• Kept in place a long-standing block on granting new initial applications nationwide
• Raised the specific question of whether work-permit eligibility under DACA can continue for recipients in Texas, separately from the rest of the country

An appeals court has directed the district court in Texas to enter a revised order that would, among other things, address whether DACA's forbearance from deportation can be separated from work authorization for recipients located in Texas. As of this writing, USCIS reports that it is still accepting and processing renewal requests and the associated work-permit applications in all states, including Texas — but a revised court order could change that, potentially affecting work authorization for DACA recipients in Texas differently than recipients elsewhere. This is exactly the kind of detail that can flip within weeks. Do not rely on this article, or on any other source, for the current legal posture — verify it directly at uscis.gov/DACA before making decisions about your job, travel, or immigration filings.

How to renew DACA: what to do

If you currently have DACA and want to renew it, the process (as of this writing) works as follows. Confirm each detail against the current official instructions before filing, since forms, fees, and requirements are updated periodically.

1. Confirm you're still eligible. You generally need to have held DACA before, have continuously resided in the U.S. since your last approval, and not have departed the U.S. without advance parole. A significant criminal record can make you ineligible.
2. File the correct forms together. A DACA renewal requires Form I-821D (Consideration of Deferred Action for Childhood Arrivals), Form I-765 (Application for Employment Authorization), and Form I-765WS (the worksheet showing your economic need for employment). Get the current versions and instructions directly from uscis.gov/i-821d — using an outdated form edition can cause a rejection.
3. Pay attention to the recommended filing window. USCIS advises DACA recipients to submit renewal requests between 120 and 150 days (roughly four to five months) before the expiration date shown on their current Form I-797 approval notice. Filing in this window reduces the risk that your DACA and work permit will lapse before a decision is made; filing more than 150 days early can lead to rejection. This is the single most important deadline in the renewal process — mark your expiration date and count backward.
4. Check the current fee amount before you pay. USCIS fee amounts change, and how the DACA-related forms are priced has changed over time. Confirm the current fee schedule at uscis.gov/forms/filing-fees rather than relying on any number you see elsewhere, including this article.
5. Gather supporting documents as listed in the current form instructions — typically proof of continued residence and a copy of your prior DACA/EAD approval notice.
6. Track your case using your receipt number at uscis.gov case status, and watch your mail and USCIS online account for requests for evidence or interview notices.

If your DACA or work permit has already expired or is about to

Losing valid DACA and EAD status can mean losing lawful permission to work, and in some cases can affect other benefits tied to your status (such as a state driver's license or in-state tuition). Given how sensitive the timing is, how the litigation could affect processing, and that renewal processing times can vary widely, do not wait until close to your expiration date to act. If your renewal window has already passed or your case is delayed, consult an immigration attorney or a Department of Justice–accredited representative promptly about your options.

Travel outside the U.S.

DACA recipients generally cannot travel abroad and return without first obtaining "advance parole" — separate, discretionary permission from USCIS to leave and re-enter, typically granted only for specific humanitarian, educational, or employment purposes (not vacation or general family visits). Even with advance parole approved, a Customs and Border Protection officer makes the final decision on your admission at the border, and reentry is never guaranteed. Given the current litigation and the high stakes, talk to an immigration attorney before applying for or using advance parole.

Beware notario and immigration-fraud scams

DACA renewals are a common target for fraud. A "notario público" in many countries is a licensed attorney, but in the U.S. a notary public has no authority to practice immigration law. Only a licensed attorney or a representative accredited by the Department of Justice can legally give you immigration legal advice or represent you before USCIS. Never pay anyone who guarantees approval, asks you to sign blank forms, or asks you to submit false information. You can verify an accredited representative or check your own filing status only through official channels — uscis.gov and justice.gov/eoir.

Where to check the current, official rules

• uscis.gov/DACA — official program status and announcements
• uscis.gov/i-821d — current forms and filing instructions
• uscis.gov/forms/filing-fees — current fee schedule
• justice.gov/eoir — the immigration court system, including how to find a DOJ-accredited representative

This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Because DACA's legal status is actively being litigated and can change quickly, confirm current rules directly with USCIS or a qualified immigration attorney before filing anything, and beware of notarios or unaccredited "consultants" who promise guaranteed results.