Can I still renew my DACA in 2026 — and can new applicants file?

3 min read · May 17, 2026

Renewals are still being adjudicated by USCIS, but the Fifth Circuit's Texas v. United States held DACA unlawful as to new (initial) applicants, so USCIS is accepting but not approving initial applications.

Deferred Action for Childhood Arrivals (DACA), established by the 2012 DHS memorandum, has been in active litigation since 2017. The current state of the program in 2026 is a split posture: renewals continue to be processed and approved while initial applications are accepted and held but not approved pending further litigation.

What the litigation actually held

In Texas v. United States, 50 F.4th 498 (5th Cir. 2022), the Fifth Circuit held that the original 2012 DACA memo was unlawful because it was issued without notice-and-comment rulemaking. The Biden administration responded with a 2022 final rule codifying DACA, which the Fifth Circuit also struck down in early 2025. The district court's injunction permits USCIS to continue processing renewal applications for existing DACA recipients, but bars USCIS from approving initial applications. The Supreme Court has not yet ruled on the program.

Who can still renew

A DACA recipient is eligible to renew if they:

1. Continuously resided in the U.S. since their most recent DACA approval.
2. Have not departed without Advance Parole.
3. Continue to meet the original DACA guidelines:

- Came to the U.S. before age 16 - Continuously resided since June 15, 2007 - Were under age 31 on June 15, 2012 - In school, graduated, or honorably discharged from the military - Not convicted of a felony, significant misdemeanor, or three or more other misdemeanors

Renewal timing

USCIS recommends filing renewal 120–150 days before the current DACA expires. Filing too late risks a gap in DACA and work authorization; filing too early can result in USCIS rejecting the application as premature. The renewal package includes Form I-821D, Form I-765 for the EAD, biometrics fees, and proof of continued residence.

Initial applications — what happens

USCIS continues to accept initial applications but is not adjudicating them while the injunction is in place. The applications sit; the filing fee is held. Some advocates recommend filing initial DACA so the application is in the queue if the program is fully restored; others recommend conserving the current filing fee (check uscis.gov for the current amount). There is no consensus.

Travel and Advance Parole

DACA recipients can apply for Advance Parole for travel under three categories — educational, employment, or humanitarian. The grant rate is lower than it once was; CBP officers have discretion to refuse parole at the border even with approved AP. We file Advance Parole only when the underlying travel is essential and the case for parole is fully documented.

Pathways beyond DACA

Many DACA recipients now qualify for permanent status through:

• Marriage to a U.S. citizen with admission to the U.S. (DACA does not by itself create admission, but Advance Parole travel followed by re-entry as a parolee can).
• Employer sponsorship through H-1B, EB-2 NIW, EB-1A, or PERM.
• VAWA self-petition where applicable.
• U or T visa for crime/trafficking victims.

How we handle this

For each renewal we audit the continuous-residence record, the criminal history, and any changes in circumstance. We file 120 days before expiration. For DACA recipients with permanent-status options we run that analysis in parallel — DACA is a holding pattern, not a final answer, and the most valuable thing we can do is move clients off DACA into permanent status before the next adverse ruling lands.