DACA Renewals and Updates for 2026

DACA Renewals and Updates for 2026

The Deferred Action for Childhood Arrivals program, commonly known as DACA, has been a lifeline for hundreds of thousands of young immigrants across the United States since its inception in 2012. In the Atlanta metropolitan area, thousands of DACA recipients, often called Dreamers, have built lives, pursued education at institutions like Georgia State University, the University of Georgia, and Georgia Tech, and contributed to the local economy in industries ranging from healthcare and technology to construction and hospitality. As 2026 unfolds, DACA recipients face continued uncertainty about the program's future while navigating the renewal process to maintain their legal status and work authorization. This guide provides a comprehensive overview of the current state of DACA, the renewal process, recent legal developments, and practical steps for recipients in the Atlanta area.

Current Status of the DACA Program in 2026

The DACA program has experienced years of legal challenges, executive actions, and legislative proposals that have created uncertainty for recipients. Understanding the current status of the program is essential for anyone who relies on DACA for their deferred action and employment authorization.

Legal Challenges and Court Rulings

DACA has been the subject of extensive litigation since the Trump administration first attempted to rescind the program in 2017. The Supreme Court's 2020 decision in Department of Homeland Security v. Regents of the University of California found that the rescission was arbitrary and capricious under the Administrative Procedure Act, but did not rule on the underlying legality of the program. Subsequent litigation, particularly in Texas v. United States, challenged the legality of DACA itself. The Fifth Circuit Court of Appeals ruled that the original 2012 DACA memorandum was unlawful, while the Biden administration's 2022 final rule codifying DACA was separately challenged. As of early 2026, the legal landscape continues to evolve, and DACA recipients should stay informed about court decisions that may affect their status.

Current DACA Policy

Under current policy as of early 2026, USCIS continues to accept and process DACA renewal applications from individuals who have previously been granted DACA. However, initial DACA applications from individuals who have never been granted DACA remain subject to court injunctions and are not being processed. This means that while existing DACA recipients can renew their status, new applicants cannot currently obtain DACA for the first time. The situation remains fluid, and any changes in court orders or executive action could alter this policy.

DACA Renewal Eligibility Requirements

To be eligible for DACA renewal, applicants must meet specific criteria established by USCIS.

Previous DACA Grant

You must have previously been granted DACA status. As noted above, initial applications are currently not being processed due to court orders. Only individuals who have previously received DACA can submit renewal applications.

Continuous Residence in the United States

You must have continuously resided in the United States since your last DACA approval. Significant departures from the country may affect your eligibility. If you traveled outside the United States using advance parole, you should consult with an immigration attorney about how that travel may impact your renewal.

Physical Presence

You must be physically present in the United States at the time of filing and when USCIS makes its decision on your renewal application.

No Disqualifying Criminal History

You must not have been convicted of a felony, a significant misdemeanor, or three or more non-significant misdemeanors. Additionally, you must not pose a threat to national security or public safety. Under USCIS guidelines, a significant misdemeanor includes offenses such as domestic violence, sexual abuse, drug distribution, DUI, and other offenses punishable by more than 90 days in custody. Even a single misdemeanor conviction can jeopardize your DACA status, making it critical to consult with both a criminal defense attorney and an immigration attorney if you face any criminal charges.

How to File a DACA Renewal Application

The DACA renewal process involves filing specific forms with USCIS along with supporting documentation and the required fees.

Step 1: File Form I-821D, Consideration of Deferred Action for Childhood Arrivals

Form I-821D is the primary application for DACA renewal. The form requires biographical information, information about your immigration history, and details about your education and employment. You must answer all questions truthfully and completely, as any misrepresentation can result in denial and potential referral to immigration enforcement.

Step 2: File Form I-765, Application for Employment Authorization

Form I-765 is filed concurrently with Form I-821D to renew your Employment Authorization Document (EAD). The EAD allows you to work legally in the United States and is a critical component of DACA status. Without a valid EAD, you cannot legally work, even if your deferred action status remains active.

Step 3: File Form I-765WS, Worksheet

The I-765 Worksheet provides additional information about your financial situation and is filed along with the I-765. This worksheet helps USCIS verify your eligibility for employment authorization under the DACA category.

Step 4: Submit Required Documentation

Along with the forms, you must submit a copy of your most recent DACA approval notice, a copy of your current or most recent EAD, passport-style photographs meeting USCIS specifications, and any other documentation requested in the form instructions. If your name, address, or other biographical information has changed since your last renewal, you should include documentation of those changes.

Step 5: Pay the Filing Fee

The filing fee for the combined DACA renewal package includes fees for both the I-821D and I-765. As of 2026, the total fee is subject to the current USCIS fee schedule. Some applicants may qualify for a fee exemption based on financial hardship. Check the current USCIS website or consult with an attorney to determine the applicable fees.

Step 6: Submit the Application

Renewal applications should be submitted to the appropriate USCIS lockbox facility as specified in the form instructions. Applications can also be filed online through a USCIS online account. USCIS recommends filing your renewal application between 120 and 150 days before your current DACA and EAD expire to ensure continuity of status.

DACA Renewal Processing Times in 2026

Processing times for DACA renewals vary and are influenced by USCIS workloads, the volume of applications, and the need for background checks. As of early 2026, typical processing times for DACA renewals range from approximately three to six months. However, some cases may take longer, particularly if additional evidence is requested or if background check issues arise.

What to Do If Your EAD Expires Before Your Renewal Is Processed

If your EAD expires before your renewal is approved, you may experience a gap in work authorization. During this gap, you are not authorized to work and your employer should be notified. Unfortunately, unlike some other EAD categories, DACA-based EADs do not currently qualify for the automatic 540-day extension that applies to certain other renewal categories. This makes timely filing especially important. If you experience a significant delay, you may consider contacting the USCIS Contact Center to inquire about the status of your case or filing an expedite request if you can demonstrate an urgent need.

Impact of Criminal Arrests or Convictions on DACA Renewals

Any interaction with the criminal justice system can have serious consequences for DACA recipients. Even an arrest without a conviction can trigger additional scrutiny during the renewal process. Under current USCIS guidelines, the following criminal history can disqualify you from DACA renewal: conviction of a felony offense under federal or state law, conviction of a significant misdemeanor, or conviction of three or more non-significant misdemeanors not occurring on the same date and not arising from the same act.

In Georgia, common offenses that can jeopardize DACA status include driving under the influence under O.C.G.A. Section 40-6-391, drug possession offenses under O.C.G.A. Section 16-13-30, domestic violence charges under O.C.G.A. Section 19-13-1, and theft offenses under O.C.G.A. Section 16-8-2. If you have been arrested or charged with any criminal offense, it is imperative that you consult with both a criminal defense attorney and an immigration attorney before your DACA renewal to understand how the charge may affect your status.

Advance Parole for DACA Recipients

Advance parole allows DACA recipients to travel outside the United States for educational, employment, or humanitarian purposes and return lawfully. However, advance parole for DACA recipients has been subject to changing policies and court orders. As of 2026, the availability of advance parole for DACA recipients may be limited. Before any international travel, DACA recipients should consult with an immigration attorney to understand the current rules and risks, as unauthorized departure from the United States can result in the loss of DACA status and potential bars to future immigration benefits.

Protecting Your DACA Status: Practical Tips for Atlanta Dreamers

Maintaining your DACA status requires ongoing attention and proactive steps. File your renewal early, ideally 120 to 150 days before your current DACA expires. Keep copies of all immigration documents, including prior approval notices, EADs, and filing receipts. Update your address with USCIS promptly if you move using Form AR-11. Avoid any criminal activity, including minor traffic offenses beyond simple speeding. Do not travel outside the United States without first obtaining advance parole and consulting with an attorney. Monitor DACA-related news and court decisions through reliable sources. Build a support network with community organizations in Atlanta such as the Latin American Association, the Georgia Latino Alliance for Human Rights (GLAHR), and local legal aid organizations that provide immigration assistance.

The Future of DACA and Legislative Solutions

While DACA provides temporary relief, it does not offer a pathway to permanent residency or citizenship. Legislative solutions, such as the DREAM Act and other proposals, have been introduced in Congress over the years but have not been enacted into law. DACA recipients should stay engaged in advocacy efforts and informed about any legislative developments that could provide a more permanent solution. In the meantime, maintaining valid DACA status through timely renewals remains the most important step recipients can take.

Contact J. Lee & Associates for DACA Renewal Assistance

If you are a DACA recipient in the Atlanta area and need assistance with your renewal, J. Lee & Associates Law Group is here to help. Our immigration attorneys have extensive experience helping Dreamers throughout metro Atlanta navigate the DACA renewal process, address complications arising from criminal history, and explore additional immigration options that may be available. We understand the challenges facing DACA recipients and are committed to providing compassionate, knowledgeable legal representation. We serve clients in Fulton, DeKalb, Gwinnett, Cobb, Clayton, and surrounding counties. Schedule your consultation today at /consultation and let us help you protect your status and your future.

Related Practice Areas: Immigration | Immigration Services | Criminal Defense

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