DACA in 2026: Eligibility, Renewal, and Current Status

DACA — Deferred Action for Childhood Arrivals — is a program that protects certain people who came to the United States as children from deportation and lets them apply for work authorization. It is not a visa, a green card, or a direct path to citizenship; it is a renewable grant of "deferred action." This 2026 guide explains what DACA is, its current legal status, who qualifies, how to renew, and what could happen next. Because DACA is the subject of active litigation, verify the latest position with USCIS and a qualified attorney before you file.

What Is DACA?

Created in 2012, DACA offers eligible individuals two main benefits for a renewable period (currently two years): protection from removal (deferred action) and eligibility for an Employment Authorization Document (EAD), or work permit. DACA recipients — often called "Dreamers" — can also obtain a Social Security number and, in most states, a driver's license. DACA does not provide lawful immigration status, and time in DACA does not by itself count toward a green card.

DACA's Legal Status in 2026

DACA has been litigated for years. Courts have found legal problems with how the program was created, but appeals and injunctions have repeatedly preserved existing recipients' ability to renew. As of 2026:

• Renewals continue. USCIS accepts and adjudicates renewal requests under the DACA regulations.
• Initial requests are blocked. USCIS may accept first-time filings but is barred from granting them while litigation is pending.
• Geographic nuance. Court rulings have addressed how the program applies in different states, and the terms could shift on further appeal.

This is a summary, not legal advice, and the law may have changed since this update — always confirm the current posture on USCIS.gov or with an immigration attorney.

Who Qualifies for DACA?

The original DACA guidelines require that you:

• Were under 31 as of June 15, 2012, and came to the U.S. before your 16th birthday;
• Have continuously resided in the U.S. since June 15, 2007;
• Were physically present on June 15, 2012, and at the time of filing;
• Are in school, have a high-school diploma or GED, or are an honorably discharged veteran; and
• Have not been convicted of a felony, a significant misdemeanor, or three or more other misdemeanors, and pose no threat to public safety.

Because initial requests are not being approved in 2026, these criteria matter most for confirming your continued eligibility to renew.

How to Renew DACA

A DACA renewal package generally includes three items filed together:

• Form I-821D — Consideration of Deferred Action for Childhood Arrivals;
• Form I-765 — Application for Employment Authorization; and
• Form I-765WS — the worksheet establishing your economic need to work.

USCIS recommends filing your renewal 120 to 150 days (about 4 to 5 months) before your current DACA and EAD expire. Processing can take several months, and the EAD's timing is critical — see our EAD processing time guide to plan around it.

Fees are as reported for 2026; there is generally no fee waiver for DACA renewals. Confirm current amounts on the USCIS fee schedule before filing.

The Work Permit (EAD)

Approved DACA recipients receive a two-year Employment Authorization Document. It allows you to work lawfully and to obtain a Social Security number. Track the expiration date closely and file your renewal early — a lapse can interrupt your work authorization and your employment. Our EAD processing time guide explains current timelines.

Travel: Advance Parole

DACA recipients generally cannot travel abroad and return unless they first obtain advance parole (Form I-131), approved for education, employment, or humanitarian reasons. Leaving without it typically terminates DACA. Our advance parole guide covers eligibility and risks. For some recipients, a lawful entry on advance parole can later matter for adjustment of status — a topic to review carefully with an attorney.

What Happens If DACA Ends

If the courts fully end the program, current recipients would keep their protections only until their existing grants expire, after which renewals could stop. There is no automatic path to a green card for DACA holders; any future relief would require new legislation or a separate immigration benefit. Stay informed, keep your documents current, and consult an attorney about whether any other option — such as a family or employment petition — may be available to you.

Reporting Changes and Staying Compliant

DACA comes with responsibilities. Keep your address current with USCIS, avoid arrests, and never travel abroad without an approved advance parole document. Because DACA must be renewed every two years, mark your expiration date and begin the renewal early — a lapse can interrupt both your protection from removal and your work authorization. Keep copies of every filing, approval notice, and EAD.

What to Have Ready for a Renewal

• Your prior DACA approval notice (Form I-797) and current EAD;
• Completed Forms I-821D, I-765, and I-765WS;
• The correct fee ($555 online or $605 paper in 2026); and
• Evidence of continued residence, if requested.

Because processing can run for months, file as early as USCIS allows — ideally 120 to 150 days before expiration — and check current EAD processing times so your work authorization does not lapse.

DACA and Other Immigration Options

DACA is not a path to permanent residence, but some recipients may have other options — for example, marriage to a U.S. citizen, an employer petition, or humanitarian relief. In limited situations, a lawful re-entry using advance parole can affect eligibility to adjust status later. These paths are fact-specific and the rules are strict, so review your situation with a licensed immigration attorney. Our adjustment of status guide explains the general framework.

Beware of Scams

Because the program's future is uncertain, DACA recipients are frequent targets of fraud. USCIS never collects fees by phone or email, and only licensed attorneys or accredited representatives may give legal advice — unlicensed "notarios" and consultants may not. Verify current fees and forms only on USCIS.gov, and keep receipts for any payment you make.

Keep Your Documents Safe

Store your DACA approval notices, EAD cards, and filing receipts in a secure place, and keep digital copies. If your card is lost or stolen, contact USCIS about a replacement and report a stolen EAD promptly. Having your history organized makes each renewal faster and protects you if questions ever arise about your status.

Frequently Asked Questions

Can I apply for DACA for the first time in 2026?

As of 2026, USCIS accepts initial DACA requests but cannot approve them because of ongoing federal litigation. Only renewal requests from people who previously held DACA are being processed. This could change if the courts rule differently, so check the latest USCIS guidance before filing anything new.

How do I renew my DACA, and what does it cost?

You renew by filing Form I-821D, Form I-765 for a work permit, and the Form I-765WS worksheet together. The total government fee is $555 online or $605 by paper in 2026. USCIS recommends filing 120 to 150 days before your current DACA and EAD expire to avoid a lapse.

Can I travel outside the U.S. with DACA?

Only with advance parole. You must apply on Form I-131 and receive approval before leaving, generally for education, employment, or humanitarian reasons. Traveling without advance parole ends your DACA. Even with it, re-entry is not guaranteed, so consult an immigration attorney before making international travel plans.

Last reviewed: July 2026 · Reviewed by USImmigrationLaw.Today editorial team.