DACA in 2026: Current Status, Renewal Process, and What Dreamers Need to Know

DACA in 2026: Current Status, Renewal Process, and What Dreamers Need to Know

The Deferred Action for Childhood Arrivals program, commonly known as DACA, has been a lifeline for hundreds of thousands of young immigrants who were brought to the United States as children. Since its inception in 2012, the program has provided work authorization and protection from deportation to individuals who grew up in this country and consider it their home.

However, DACA has faced relentless legal challenges, policy shifts, and political uncertainty for over a decade. As we navigate 2026, DACA recipients and their families need clear, accurate information about the current state of the program and what steps they can take to protect themselves.

Where DACA Stands in 2026

DACA continues to exist in a state of legal limbo. The program has been the subject of multiple federal lawsuits, and courts have issued conflicting rulings that have created significant uncertainty for the approximately 580,000 current recipients nationwide.

The key legal developments that DACA recipients need to understand include:

• The Texas federal court ruling in State of Texas v. United States that found the DACA program unlawful, which has been upheld on appeal by the Fifth Circuit Court of Appeals.
• The Biden-era DACA final rule (published in 2022) that attempted to codify DACA through the formal rulemaking process, which was also challenged and found insufficient to cure the program's legal defects by the Fifth Circuit.
• The current injunction framework that allows existing DACA recipients to continue renewing their status but prohibits the processing of new initial applications.

This means that if you currently have DACA, you can still submit renewal applications. However, individuals who have never had DACA before remain unable to apply for the program, even if they meet all eligibility requirements.

The DACA Renewal Process: Step by Step

If you are a current DACA recipient, renewing your status on time is absolutely critical. Here is what you need to know about the renewal process:

When to file: USCIS recommends submitting your renewal application between 120 and 150 days before your current DACA and Employment Authorization Document (EAD) expire. Filing too late could result in a gap in your work authorization.

Required forms:

• Form I-821D — Consideration of Deferred Action for Childhood Arrivals
• Form I-765 — Application for Employment Authorization
• Form I-765 Worksheet

Filing fee: The current total filing fee is $410, which includes $85 for biometrics. Fee waiver requests are generally not available for DACA renewals, though limited fee exemptions may apply in certain circumstances.

Processing times: Current USCIS processing times for DACA renewals vary but generally range from 3 to 8 months. Given these timeframes, filing early within the recommended window is essential to avoid gaps in coverage.

What happens if your DACA lapses: If your DACA expires before your renewal is processed, you lose your work authorization and deferred action status during the gap period. While USCIS may still process your renewal, you could face employment disruptions and increased vulnerability during any lapse.

Employment Authorization and Your Work Permit

Your DACA status comes with an Employment Authorization Document that allows you to work legally in the United States. Here are important points to keep in mind:

• Your EAD is tied to your DACA period. When your DACA expires, so does your work permit. There is no separate renewal process for the EAD; it is included in your DACA renewal.
• Automatic extensions may apply. In some cases, USCIS has provided automatic extensions for EADs when renewal applications are filed on time. Check the most current USCIS guidance or consult with an attorney to determine if this applies to your situation.
• Employer notification. If you receive a new EAD with updated expiration dates, you must present it to your employer for reverification on Form I-9. Notify your employer promptly to avoid any disruption.
• Social Security number. If you received a Social Security number through DACA, it remains valid even if your DACA lapses. However, you cannot use it for employment purposes without a valid EAD.

Advance Parole: Travel Considerations for DACA Recipients

One of the most significant limitations of DACA is that it does not provide a pathway to lawful permanent residence on its own. However, advance parole has been a critical tool for some DACA recipients seeking to adjust their immigration status.

Advance parole allows DACA recipients to travel outside the United States and return lawfully, which can be important for those who may be eligible for a green card through a family petition or other means.

Key considerations for advance parole:

• Advance parole is granted on a case-by-case basis and is not guaranteed.
• You must demonstrate a legitimate reason for travel, such as humanitarian, educational, or employment purposes.
• Traveling without advance parole while on DACA will result in the termination of your DACA status and could trigger bars to reentry.
• The availability of advance parole for DACA recipients has fluctuated with different administrations and court orders. Consult with an immigration attorney before making any travel plans.
• If granted advance parole and you reenter the United States, this lawful entry may open pathways to adjustment of status that were previously unavailable to you.

What to Do If Your DACA Renewal Is Denied

While DACA renewal denials are not extremely common for eligible applicants who file correctly, they do happen. If your renewal is denied, take these steps:

• Read the denial notice carefully. USCIS will provide a reason for the denial. Common reasons include criminal convictions, failure to meet continuous residence requirements, or filing errors.
• Consult with an immigration attorney immediately. There is no formal appeals process for DACA denials, but an attorney can evaluate whether a motion to reopen or reconsider is appropriate, or whether you have other immigration options.
• Do not ignore the denial. Once your DACA is denied or expires without renewal, you no longer have deferred action protection and could be placed in removal proceedings.
• Assess other immigration options. Depending on your individual circumstances, you may be eligible for other forms of relief, such as U visas (for crime victims), T visas (for trafficking victims), VAWA protections, or family-based petitions.

Protecting Yourself: Practical Steps for DACA Recipients

Given the ongoing uncertainty surrounding the DACA program, every recipient should be taking proactive steps to protect themselves and their families:

• Keep meticulous records. Maintain copies of every DACA application, approval notice, EAD card, and piece of correspondence with USCIS. Store digital copies in a secure cloud location.
• Know your rights. You have constitutional rights regardless of your immigration status, including the right to remain silent and the right to an attorney. Carry a know-your-rights card.
• Create a safety plan. Identify a trusted person who can care for your dependents, access your important documents, and contact your attorney if you are detained.
• Stay informed but verify information. Follow updates from reputable legal organizations such as the National Immigration Law Center (NILC) and United We Dream. Be cautious of misinformation on social media.
• Consult with an attorney about all your options. An experienced immigration lawyer can evaluate whether you qualify for additional or alternative forms of immigration relief that may provide more permanent protection.
• Avoid immigration fraud. Unfortunately, there are individuals and organizations that prey on immigrants by charging fees for services they cannot legally provide. Only work with licensed attorneys or accredited representatives recognized by the Department of Justice.

The Legislative Landscape: Is a Permanent Solution Coming?

For over a decade, Congress has failed to pass legislation that would provide a permanent solution for Dreamers. Various proposals, including the DREAM Act and the American Dream and Promise Act, have been introduced but have not been enacted into law.

While bipartisan support for Dreamers exists in polls and in principle, translating that support into legislation has proven extremely difficult given the broader political dynamics surrounding immigration reform. DACA recipients should not rely on congressional action as a certainty but should remain engaged in advocacy efforts.

Georgia-Specific Considerations for DACA Recipients

DACA recipients living in Georgia should be aware of several state-specific issues:

• Driver's licenses: Georgia issues driver's licenses to DACA recipients with an expiration date that matches their DACA approval period. You must renew your license when you renew your DACA.
• In-state tuition: Georgia does not currently offer in-state tuition rates to DACA recipients at public colleges and universities, which significantly impacts educational costs.
• Professional licensing: Some Georgia professional licensing boards have specific requirements for DACA recipients. Consult with an attorney if you are pursuing professional licensure.
• State benefits: DACA recipients are generally ineligible for most state public benefits in Georgia, including Medicaid and food stamps (SNAP).

Take Action Now — Consult with J. Lee & Associates

At J. Lee & Associates Law Group, we are deeply committed to serving the Dreamer community in Georgia. Our immigration attorneys understand the complexities and emotional weight of DACA cases, and we provide compassionate, knowledgeable legal counsel tailored to each client's unique situation.

Whether you need assistance with a DACA renewal, want to explore advance parole, have received a denial, or simply want to understand all your immigration options, we are here to help. Do not navigate this uncertain landscape alone.

Schedule your confidential consultation today at /agendamiento or call J. Lee & Associates Law Group. Our experienced immigration team is ready to protect your rights and help you plan for your future.

Related Practice Areas: Immigration | Immigration Services | Criminal Defense

Free Consultation — Call Now

At J. Lee & Associates Law Group, we offer free consultations to evaluate your case. Our bilingual team is ready to help you understand your legal options and fight for the compensation you deserve.

• Phone: (770) 609-9396
• Address: 1250 Tech Dr, Suite 240, Norcross, GA 30093
• Website: https://www.jlalawgroup.com

Se habla español. You pay nothing unless we win your case. Call today for a free and confidential consultation.