DACA 2026: eligibility, renewal, and backup plans | Law Office of Jesus Reyes, PLLC

If you are a DACA recipient or think you might qualify, now is the time to get informed and act with order. The Deferred Action for Childhood Arrivals program has gone through years of litigation and changes. This guide explains where it stands in 2026, how to renew, and what backup plans are worth exploring.

What is DACA?

DACA is an administrative program created in 2012 that lets certain young people brought to the U.S. as children receive:

Deferred action (temporary protection from deportation, renewable every 2 years).
Work permit (EAD).
In some cases, Social Security number and driver's license.

DACA does not grant residency or a direct path to citizenship. It is temporary protection.

Basic eligibility requirements

To qualify for DACA, you must have:

Come to the U.S. before turning 16.
Continuously lived in the U.S. since June 15, 2007.
Been present in the U.S. on June 15, 2012.
Been under 31 years old on June 15, 2012.
Been without lawful status on June 15, 2012.
Be in school, have graduated from high school, have a GED, or be a veteran with honorable discharge.
No felonies, certain serious misdemeanors, or three or more misdemeanors.

Where the program stands in 2026

DACA has been through years of litigation. Under federal court rulings:

USCIS continues to accept and process renewals from current recipients.
Initial new applications have been subject to shifting restrictions based on court orders.
Congress has not passed a permanent solution.

Because of these changes, confirm the current status before filing. Schedule a consultation so we can review your case under the rules in effect.

How to renew DACA step by step

USCIS recommends filing the renewal 120 to 150 days before your current deferred action and EAD expire.

Forms:

I-821D — Consideration of Deferred Action for Childhood Arrivals.
I-765 — Application for Employment Authorization.
I-765WS — Economic necessity worksheet.

Typical documents:

Copy of the prior EAD.
Proof of continuous presence since the last approval.
Any travel records on advance parole.
If there were any arrests or police contacts since the last renewal: full documentation.

USCIS fee: $605 (may change — verify on uscis.gov before paying).

Common renewal mistakes

Waiting until the last month. If your EAD expires before the renewal is approved, you lose work authorization.
Not reporting arrests that happened during the prior period.
Wrong or outdated address on file with USCIS.
Changing jobs without updating Form I-9.

If you have any record after your last approval

Any new contact with police should be reviewed by an attorney before you renew. Some arrests affect eligibility, others do not. Renewing without advice after a recent arrest can lead to a denial and bigger problems.

Backup plans: do not rely on DACA alone

Because of political uncertainty, explore other legal options while DACA is available:

Marriage-based green card with a U.S. citizen (if applicable).
I-130 with a U.S. citizen parent (if your parents naturalize).
U visa if you were a victim of a qualifying crime.
Asylum if there is a legitimate basis from persecution in your home country.
Cancellation of removal (if placed in proceedings) under certain circumstances.

Also read: family petition I-130 and the U.S. asylum process.

Advance parole: traveling on DACA

DACA recipients can, in certain situations, request advance parole to travel abroad for humanitarian, educational, or work reasons. Advance parole has an important effect: a return on parole counts as a lawful entry, which in some cases can open a path to adjustment of status through marriage. Before traveling, talk to an attorney.

What to do if the program changes

If the administration or a court ended DACA:

Your current EAD generally remains valid until its expiration date.
Pending renewals may be paused.
Do not leave the U.S. without legal advice — re-entry may not be allowed.
Activate any backup plan you have available.

Next steps

If you are a DACA recipient, had DACA and never renewed, or think you may qualify for a more stable alternative, schedule a consultation. We help you review your case and build a plan that does not depend on DACA alone.

You can also read:

Legal disclaimer: This article is for general informational purposes only and is not legal advice. Every immigration case is unique and depends on specific facts that only an attorney can evaluate after reviewing your situation. The law and USCIS policy change frequently. To get guidance on your particular case, schedule a consultation with our firm.

DACA in 2026: eligibility, renewal, and what to do if the program changes