DACA — Deferred Action for Childhood Arrivals — has been in legal and political limbo since 2017. As of early 2026, the program is partially intact but continues to face court challenges. This guide gives you the clearest picture we can of where things stand and what DACA recipients should be doing right now.

Current Status as of 2026

The Fifth Circuit Court of Appeals ruled in 2022 that the original 2012 DACA policy was unlawful, but allowed existing recipients to maintain their status while litigation continued. The Biden administration issued a final rule codifying DACA in 2022, which the Fifth Circuit also found partially unlawful. As of early 2026:

  • Renewals for existing recipients are being processed by USCIS
  • New initial applications are not being accepted pending further court resolution
  • The Supreme Court has not yet issued a definitive ruling on the 2022 final rule

This situation can change. We update this page as developments occur. Subscribe to our newsletter for real-time alerts.

If You Are an Existing DACA Recipient: Renew Early

USCIS recommends filing your DACA renewal 150–120 days (5–4 months) before your current status expires. Given processing delays and the uncertainty of the program's future, we recommend renewing at the earliest possible window — ideally 5–6 months out.

Your renewal package should include:

  • Form I-821D (Consideration of Deferred Action for Childhood Arrivals)
  • Form I-765 (Application for Employment Authorization)
  • Form I-765WS (Worksheet)
  • Filing fees (currently $495 total)
  • Two passport-style photos
  • Copy of your current EAD and approval notice

Advance Parole: Travel for DACA Recipients

Advance Parole allows DACA recipients to travel outside the U.S. and return legally — which is significant because it can create a pathway to adjust status (get a green card) through a family or employment-based petition that would otherwise be unavailable.

However, advance parole carries serious risks. If you traveled unlawfully before receiving DACA, your departure from the U.S. could trigger the 3-year or 10-year bar on reentry. This is a complex area of law where mistakes are irreversible. Do not file for advance parole or travel outside the U.S. without consulting an immigration attorney who specializes in DACA cases.

Pathways to More Permanent Status

For DACA recipients who have U.S. citizen or permanent resident family members, employment sponsors, or who qualify for other immigration benefits, now is the time to explore options — not wait. Pathways include:

  • Marriage to a U.S. citizen: Potentially the fastest route if available
  • Family preference petitions: Long timelines, but worth starting now
  • Employment-based sponsorship: Some employers will sponsor DACA recipients for EB-2 or EB-3 green cards
  • Special Immigrant Juvenile Status (SIJS): For some younger recipients with specific qualifying circumstances

What Congress Has (and Hasn't) Done

Legislative solutions to DACA — most notably the Dream Act — have been introduced repeatedly in Congress but have not been enacted as of 2026. Congressional action remains the most durable solution for Dreamers, but it cannot be relied upon as a near-term certainty.

If you are a DACA recipient, the most important thing you can do right now is renew on time, protect your current status, and have a consultation with an attorney about any permanent pathways available to your specific situation.