What Is DACA and Can You Still Apply in 2026?

GWP Immigration Law

What Is DACA and Can You Still Apply in 2026?

DACA is a federal policy offering temporary deportation protection and work authorization to certain individuals who arrived in the U.S. as children.

Knowing what DACA is, who qualifies, and what the program’s current status is in 2026 is essential to protecting your immigration and employment stability. In this article I explain who qualifies today, what benefits the program actually provides, and what you need to know before making any immigration decision.

Updated June 24, 2026 · GWP Law · Las Vegas, NV

The current status

Where Does DACA Stand Right Now?

In 2026, USCIS continues processing DACA renewals, but initial applications cannot be approved due to an active federal court injunction.

On January 17, 2025, the U.S. Court of Appeals for the Fifth Circuit upheld the injunction in case No. 1:18-CV-68. The ruling confirms: USCIS accepts initial filings but cannot adjudicate them while the order stands.

Source: Fifth Circuit – Case No. 1:18-CV-68, January 17, 2025

DACA in 2026

Renewals New Applications
USCIS accepts the filing Yes Yes
USCIS processes the case Yes No
USCIS can approve it Yes No
Work permit available If renewal approved No

Source: USCIS – Consideration of Deferred Action for Childhood Arrivals

If you have never had DACA: USCIS accepts your filing — but cannot approve it under the current injunction. Filing today does not grant DACA status. Consult an attorney before submitting a filing that cannot be processed.

The basics

What Does DACA Mean — and What Does It Not Do?

DACA stands for Deferred Action for Childhood Arrivals, a 2012 federal policy protecting certain undocumented individuals from deportation.

DACA was created on June 15, 2012 under President Obama through executive action, after Congress failed to pass the DREAM Act. It is based on prosecutorial discretion — a directive to immigration agencies to focus deportation resources on high-priority cases and defer action on individuals who grew up here.

Source: USCIS – Consideration of Deferred Action for Childhood Arrivals

DACA Does NOT Grant DACA DOES Provide
Permanent residence (Green Card) Work authorization (EAD)
U.S. citizenship Social Security number
Path to citizenship Temporary protection from deportation
Lawful immigration status Driver’s license in most states

Source: American Immigration Council – DACA Overview

The four requirements

Who Qualifies for DACA?

Individuals who arrived before age 16 and meet specific age, residence, education, and criminal history requirements may qualify for DACA.

All four requirement categories below must be met. Missing any single one disqualifies the application.

🎂

Age & Entry

  • Born on or after June 16, 1981
  • Under 31 as of June 15, 2012
  • Arrived in the U.S. before age 16
🏠

Residence

  • Continuous U.S. residence since June 15, 2007
  • Physically present on June 15, 2012 and at time of filing
  • No lawful status as of June 15, 2012
🎓

Education / Military

  • Currently enrolled in school, OR
  • High school diploma or GED, OR
  • Honorably discharged from U.S. Armed Forces or Coast Guard
⚖️

Criminal Record

  • No felony convictions
  • No significant misdemeanor convictions
  • Fewer than three non-significant misdemeanor convictions

Source: USCIS – Consideration of Deferred Action for Childhood Arrivals

On criminal records: Even a dismissed arrest can affect a DACA case. Obtain complete records — including citations and court appearances — and have an attorney review them before filing.

The people behind the program

Who Are DACA Recipients?

DACA recipients are people who arrived here as children and, on average, have lived in the U.S. for over 27 years.

834,877 people have received DACA since 2012
~500K hold active status today
$6.2B in federal taxes contributed annually
343K+ essential workers during COVID-19

DACA households contribute approximately $6.2 billion in federal taxes and $3.3 billion in state and local taxes annually — paying into Social Security and Medicare they cannot collect from. During the COVID-19 pandemic, more than 343,000 DACA recipients were classified as essential workers.

Sources: American Immigration Council – DACA Data and Statistics · Institute on Taxation and Economic Policy

For current recipients

How to Renew Your DACA

Filing the DACA renewal 120 to 150 days before expiration reduces the risk of gaps in deportation protection and work authorization.

According to USCIS processing data, approximately 80% of DACA renewals are completed within 3.5 months in 2026 — but processing times vary. And as of June 2026, many recipients are reporting delays in renewals.

A delay creates a gap in your work permit. File early.

Source: USCIS – Check Case Processing Times

Three forms required:

Filing fees (effective April 1, 2024):

Online
$555
$85 I-821D + $470 I-765
By mail
$605
$85 I-821D + $520 I-765

Source: USCIS – DACA Filing Fees

A personal note

Why Fighting for Dreamers Matters

Dreamers are young people who were brought here as children — not by their own choice, not with any understanding of what it would mean legally. A 5 year old does not make that decision.

They grew up in our schools, pledging allegiance to our flag. The United States is the only country most of them have ever known.

Dreamers are essential to any real immigration reform. You cannot have a serious conversation about the future of immigration in this country while leaving half a million people — who grew up here, who work here, who pay taxes here — in permanent legal limbo.

They are, in every sense that matters, as American as anyone born here. The only thing separating them from full recognition is a piece of paper and a Congress that has failed them for over twenty years.

Fighting for DACA is fighting for the principle that where you were born should not determine the limits of what you can become — especially when this country is the only home you have ever known.

Frequently asked questions

What People Ask Before They Call

Can I apply for DACA for the first time in 2026?
No.
USCIS will accept the filing and issue a receipt. But under the Fifth Circuit’s injunction, it cannot process or approve new applications as of June 2026.
What happens if my DACA expires?
⚠ Protection and work authorization end on the expiration date and do not resume until USCIS approves the renewal.
File between 120 and 150 days before expiration. That window allows time to respond to any USCIS request without losing your authorization.
Can I travel outside the U.S. with DACA?
⚠ Travel outside the U.S. requires an approved Advance Parole. Departing without it may result in a permanent bar from re-entry.
Advance Parole must be approved by USCIS before you leave the country. Consult an immigration attorney before making any travel plans.

🕊

You’ve built a life here. Protect it.

If your renewal is coming up, if you have an arrest on your record, if you’ve traveled without Advance Parole, or if you simply don’t know where you stand — please don’t wait. Don’t guess.

📅 Call us: (702) 737-7717 GWP Immigration Law · 8942 Spanish Ridge Ave Suite 1, Las Vegas, NV 89148 · gwp.law
Kathia Quirós

Kathia Quirós, Immigration Attorney

Founder, GWP Immigration Law · Inmigrando con Kathia

This article is for informational purposes only and does not constitute legal advice. Consult a qualified immigration attorney before taking any action. · Last verified: June 22, 2026 · Reviewed by: Kathia Quirós, Immigration Attorney · GWP Immigration Law

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