DACA in 2026: Renew Now, Do Not Wait for the Courts

Where DACA stands in 2026

The Deferred Action for Childhood Arrivals program, created by a 2012 DHS memorandum, remains in legal limbo eight years into Texas v. United States. The Fifth Circuit ruled in October 2022, and again on the 2022 final rule in January 2025, that DACA is unlawful but stayed the order to give the parties time to wind down. Under those injunctions:

• USCIS continues to accept and adjudicate renewal applications from current and former DACA recipients.
• USCIS has not accepted new initial DACA requests since July 2021. New petitions can be filed, but they sit unadjudicated.
• Advance parole under DACA is available only for current recipients with a positive adjudication of Form I-131.
• The litigation continues. Watch for Supreme Court certiorari activity in 2026; until a final order takes effect, renewals continue.

Mendoza Immigration tracks the Texas v. United States docket and our DACA clients receive updates whenever the posture changes.

When to file a DACA renewal

USCIS recommends filing renewal between 150 and 120 days before the current EAD expires. Filing earlier than 150 days will result in rejection. Filing later than 120 days creates risk of lapse — current processing times for renewals fluctuate between two and six months, and a lapse means loss of work authorization, loss of driver's license eligibility in many states, and potential reset of continuous residence calculations for future relief.

What goes in the renewal package

A DACA renewal package includes:

1. Form I-821D, Consideration of Deferred Action for Childhood Arrivals (renewal version).
2. Form I-765, Application for Employment Authorization, with category (c)(33).
3. Form I-765WS, Worksheet showing economic necessity.
4. Two passport-style photos.
5. Filing fee (check uscis.gov for current amounts and fee waivers).
6. Evidence of any new criminal activity or change in circumstances since the prior approval.

Renewal applicants do not need to resubmit all of the original initial-grant evidence, but they should retain it in case USCIS issues an RFE.

Continuous eligibility requirements

To renew, a DACA recipient must:

• Have continuously resided in the United States since the prior grant.
• Not have departed the United States on or after August 15, 2012, without advance parole.
• Not have been convicted of a felony, a significant misdemeanor, or three or more misdemeanors.
• Not pose a threat to national security or public safety.

A new arrest or conviction since the last renewal is the most common reason renewals are denied. If you have an open or recent criminal matter, consult an attorney before filing — a DACA denial can also surface the applicant for removal.

Advance parole under DACA

DACA recipients can apply for advance parole under Form I-131 to travel abroad for humanitarian, educational, or employment reasons. A grant is discretionary. Critical points:

• File I-131 before booking travel. Issuance takes three to six months.
• Never depart the U.S. on DACA without an approved I-131. Departure without advance parole terminates DACA.
• Advance parole is single-use unless USCIS grants multi-entry on the document.
• A re-entry on advance parole is a parole, not an admission, and it can support a future adjustment of status filing for those who later marry a U.S. citizen or otherwise become eligible.

Litigation history in one paragraph

The Obama administration created DACA by memorandum in 2012. The Trump administration rescinded it in 2017; the Supreme Court reversed that rescission in DHS v. Regents of the University of California (2020) on Administrative Procedure Act grounds. Texas and other states sued. The Fifth Circuit affirmed Judge Hanen's ruling that DACA is unlawful but stayed the wind-down. The Biden administration codified DACA in a 2022 final rule; the Fifth Circuit struck the rule down in January 2025 but again stayed the order pending Supreme Court review. As of 2026, renewals continue under the stay.

Pitfalls our attorneys see

• Filing too early. USCIS rejects renewals submitted more than 150 days before EAD expiration.
• Filing too late. A lapse means weeks or months without work authorization.
• Forgetting a new arrest. Even a dismissed case must be disclosed; USCIS will see it on the background check.
• Traveling without advance parole. This is irreversible — departure terminates DACA.
• Using the wrong I-765 category. Renewal applicants must use category (c)(33), not (c)(14) or other deferred-action categories.

What to do this month

If your current EAD expires in the next 150 days, file your I-821D and I-765 now. If your EAD expires in 150-300 days, calendar the 150-day filing window. If you have any criminal contact since your prior grant, consult an attorney before filing.

Mendoza Immigration handles DACA renewals end-to-end and tracks USCIS pending receipts to flag clients at risk of lapse. This article is general information, not legal advice, and reading it does not create an attorney-client relationship.