The future of the Deferred Action for Childhood Arrivals (DACA) program remains uncertain as legal challenges continue to shape its implementation. While currently operational under a 2022 Department of Homeland Security (DHS) final rule, the program faces ongoing scrutiny in federal courts.
CURRENT STATUS: Existing DACA recipients can still renew their status without changes if they initially received protections before July 16, 2021. Renewals maintain eligibility for work authorization (EAD) and advance parole applications. However, despite a Fifth Circuit ruling allowing USCIS to process new applications, no new requests have been approved since March 2025.
Recent Developments and Benefits
The Biden administration announced in 2024 that qualified DACA recipients will gain access to Affordable Care Act (ACA) health insurance starting November 2024. Additionally, a new D-3 waiver policy aims to expedite work visas for DACA recipients who obtain U.S. degrees and relevant professional employment.
While the administration has proposed ending the program, DACA remains active. Legal experts anticipate the issue will likely reach the Supreme Court by 2025, with congressional action appearing unlikely during this period.
Renewal Requirements and Recommendations
DACA holders should continue renewing their status every two years by submitting Form I-821D. Key renewal requirements include:
- No unauthorized departures from the U.S. since August 15, 2012 (without advance parole)
- Continuous U.S. residence since last DACA approval
- No felony convictions, significant misdemeanors, or three+ misdemeanor offenses
USCIS accepts renewal applications up to one year after expiration, but experts recommend filing 120-150 days before expiration to avoid gaps in status. Work permit renewals require Forms I-765 and I-765WS.
Employment Protections and Travel Considerations
DACA beneficiaries aren't required to disclose their immigration status to employers. Terminating workers with valid work authorization based on immigration status may violate federal law. Suspected discrimination can be reported to the DOJ Civil Rights Division at 800-255-7688.
Advance parole permits international travel but requires pre-approval. Unauthorized departures automatically terminate DACA status. Immigration attorneys strongly advise consultation before any international travel.
Initial Application Risks and Eligibility
While USCIS accepts new DACA applications, processing remains uncertain. Applicants should consult immigration attorneys due to potential risks, including exposure of personal information to enforcement agencies. Fraudulent "queue fees" by unscrupulous agents should be avoided.
Initial applicants must meet these criteria:
- Under age 31 as of June 15, 2012 (born after June 15, 1981)
- Currently age 15+ (or in deportation proceedings if younger)
- Arrived in U.S. before age 16
- Continuous residence since June 15, 2007
- Present in U.S. on June 15, 2012
- No lawful status on June 15, 2012 or at application
- Clean criminal record
- Currently in school, graduated, or served in military
Resources and Assistance
For questions, contact USCIS at 800-375-5283 (TTY 800-767-1833). Free legal support is available through:
- CHIRLA (Coalition for Humane Immigrant Rights) - Free DACA renewal help
- Immigration Help - Free application and renewal support
- ILRC (Immigrant Legal Resource Center) - Annotated forms and guides
- Immigrants Rising - Eligibility and application steps
- Informed Immigrant - Beneficiary resources
- United We Dream - Step-by-step guides and workshops