DACA in 2026: Current Status, Renewals, and What to Expect

The Deferred Action for Childhood Arrivals (DACA) program, established by executive action in 2012, continues to be one of the most legally contested and closely watched immigration programs in the United States. As of May 2026, approximately 530,000 individuals hold active DACA status, down from a peak of nearly 800,000. At J. Lee & Associates Law Group in Norcross, Georgia, we help DACA recipients navigate the complex renewal process and understand their legal options in this uncertain landscape.

Current Legal Status of DACA (2026)

The legal status of DACA has been shaped by years of litigation. The key developments include:

Texas v. United States (Southern District of Texas)

In July 2021, Judge Andrew Hanen of the U.S. District Court for the Southern District of Texas ruled that the original 2012 DACA memorandum was unlawful under the Administrative Procedure Act (APA). However, the court's order allowed existing DACA recipients to continue renewing their status. The order blocked USCIS from approving any new (initial) DACA applications. This ruling was upheld by the Fifth Circuit Court of Appeals in October 2022.

The 2022 Final Rule

In response to the litigation, the Department of Homeland Security (DHS) issued a final rule in August 2022 (effective October 31, 2022) codifying DACA as a federal regulation at 8 CFR 236.21-236.25. The Biden administration argued that this regulatory process addressed the APA concerns raised by the court. However, Judge Hanen subsequently ruled in September 2023 that the final rule was also unlawful, again enjoining approval of new applications while allowing renewals to continue.

Supreme Court Consideration

The legal challenges continue to move through the courts. As of 2026, the possibility of Supreme Court review remains. The fundamental legal question is whether the executive branch has the authority to create a deferred action program of this scope without explicit congressional authorization. Until Congress passes legislation addressing the status of Dreamers, DACA's future remains uncertain.

What DACA Currently Provides

For those who currently hold DACA status, the program provides two primary benefits:

• Deferred action: USCIS exercises prosecutorial discretion to defer removal action against the individual. This is not a lawful immigration status but provides protection from deportation.
• Employment authorization: DACA recipients receive an Employment Authorization Document (EAD) that is valid for two years, allowing them to work legally in the United States.

DACA does not provide a path to lawful permanent resident status (green card) or citizenship. It does not provide any immigration status under the INA. Recipients must renew their DACA and EAD every two years to maintain these benefits.

DACA Renewal Process in 2026

Who Can Renew?

Only individuals who have previously been granted DACA and whose status has not been terminated may file for renewal. USCIS is not accepting initial (first-time) DACA applications due to the court injunction. If you have never had DACA before, you cannot apply at this time, regardless of whether you meet the eligibility criteria.

When to File

USCIS recommends filing your renewal application approximately 150 days (about 5 months) before your current DACA and EAD expire. Filing early helps ensure continuous coverage and avoids gaps in work authorization. If your DACA expires before you file, you may still be able to renew, but you may experience a gap in both deferred action and work authorization.

Required Forms and Fees

The DACA renewal package includes:

• Form I-821D: Consideration of Deferred Action for Childhood Arrivals. There is no separate fee for this form.
• Form I-765: Application for Employment Authorization. The current filing fee is $555 (increased from $410 under the 2024 fee rule).
• Form I-765WS: Worksheet accompanying the I-765 (if required).

The total cost for a DACA renewal is $555. This is a significant increase from the previous combined fee of $495 ($410 for I-765 plus $85 for biometrics, which has been eliminated as a separate fee). Fee waivers are generally not available for DACA renewals, though fee exemptions may be available in limited circumstances for applicants who can demonstrate inability to pay.

Filing Methods

DACA renewals can be filed online through the USCIS myUSCIS portal or by mail. Online filing may result in faster processing and allows applicants to track their case status more easily. Regardless of filing method, applicants should retain copies of all submitted materials and the filing receipt.

Processing Times

As of early 2026, DACA renewal processing times typically range from 3 to 8 months, depending on the USCIS Service Center and workload. The Nebraska Service Center handles most DACA applications. During periods of high volume, processing may take longer. Applicants whose EAD expires before a decision is made may experience a gap in work authorization unless they filed at least 180 days before expiration (triggering the automatic extension provisions discussed below).

EAD Auto-Extension for DACA Recipients

An important development for DACA recipients is the EAD auto-extension rule. Under the updated regulations at 8 CFR 274a.13(d), certain EAD renewal applicants receive an automatic extension of their expiring EAD for up to 540 days while the renewal application is pending. However, DACA-based EADs (category (c)(33)) have had a complicated relationship with this auto-extension provision.

As of 2025-2026, USCIS has clarified that DACA-based EAD renewals are eligible for the auto-extension if filed before the current EAD expires. This means that if you file your DACA renewal before your current EAD expiration date, your existing EAD remains valid for up to 540 days beyond its printed expiration date (or until a decision is made on your renewal, whichever comes first). This is a significant protection against gaps in work authorization caused by processing delays.

To take advantage of the auto-extension, DACA recipients should: (1) file their renewal before the current EAD expires, (2) retain their expired EAD along with the I-797C receipt notice as proof of the auto-extension, and (3) provide both documents to their employer for I-9 verification purposes.

Advance Parole and DACA

Advance parole, which allows DACA recipients to travel outside the United States and return lawfully, has been a critically important but legally uncertain benefit. Under the 2012 DACA memo, recipients could request advance parole for humanitarian, educational, or employment purposes on Form I-131. However, the availability of advance parole for DACA recipients has fluctuated with different administrations.

As of 2026, applicants should exercise extreme caution regarding international travel. Traveling outside the United States without valid advance parole will result in termination of DACA status and may trigger bars to re-entry. Even with advance parole, travel carries risks, particularly in the current enforcement environment. Consult with an immigration attorney before making any travel plans.

The Laken Riley Act and DACA Recipients

The Laken Riley Act, signed into law in early 2025, mandates detention for certain noncitizens charged with or convicted of specific crimes, including theft and burglary offenses. While the Act does not specifically target DACA recipients, its broad enforcement provisions could affect DACA holders who have any contact with the criminal justice system. Even minor criminal charges could have serious consequences for DACA status, including termination and placement in removal proceedings.

DACA recipients should be aware that any arrest, charge, or conviction must be reported to USCIS and may affect DACA renewal eligibility. The program requires recipients to maintain continuous residence, physical presence, and good moral character. Criminal activity, even if not resulting in a conviction, can jeopardize DACA status.

Legislative Prospects

Various legislative proposals have been introduced over the years to provide a permanent solution for Dreamers, including the DREAM Act in its various iterations and the American Dream and Promise Act. As of 2026, no comprehensive legislation has passed. The political landscape remains divided, and DACA recipients continue to depend on the program's survival through the courts.

How J. Lee & Associates Can Help

At J. Lee & Associates Law Group, 1250 Tech Dr, Suite 240, Norcross, GA 30093, we provide experienced legal representation for DACA recipients in the greater Atlanta area. Our services include DACA renewal applications, assistance with EAD auto-extension documentation, advance parole applications (when available), criminal defense consultations for DACA recipients, and exploration of alternative immigration relief options. We understand the uncertainty DACA recipients face and are committed to helping our clients maintain their status and plan for the future.

If your DACA is expiring soon, do not delay. Contact our office to schedule a renewal consultation.

This article is for informational purposes only and does not constitute legal advice. DACA policy changes frequently; consult with a qualified immigration attorney for the most current information. Information current as of May 2026.