DACA Eligibility, Renewals, and Current Status: Your Complete Guide

This article covers how DACA works, the legal challenges it faces, and what existing recipients need to know about renewals and benefits.

DACA policies remain tied to ongoing litigation, and the rules can shift quickly. If you have questions about your eligibility or your renewal, contact an immigration attorney near you for guidance specific to your situation.

What Is Deferred Action for Childhood Arrivals?

DACA stands for Deferred Action for Childhood Arrivals. It is a federal program that protects certain immigrants who came to the United States as minors from being deported. It does not provide a path to citizenship or lawful permanent resident status, but it could postpone the deportation or removal proceedings for a certain period. The DACA program also allows recipients to live and work in the country legally for a temporary period.

The DACA program was announced on June 15, 2012, by the Secretary of Homeland Security. Under these policies, the Department of Homeland Security (DHS) essentially postpones removal or deportation proceedings against a person. The consideration is effective for two years and is subject to renewal. DACA recipients may also request employment authorization during their period of stay. Roughly half a million people in the U.S. participate in the DACA program.

It’s important to note that USCIS cannot currently process new applications under court orders issued in January 2025. The only available path under the DACA program is through a DACA renewal application.

Is DACA Still In Effect?

DACA has undergone years of federal litigation that have significantly shaped the program, and it remains subject to ongoing legal challenges.

The first major challenge happened when the Trump administration tried to end the program in 2017. U.S. District Judge William Alsup stopped that effort on January 9, 2018, and the U.S. Supreme Court settled the dispute in June 2020.

In Department of Homeland Security v. Regents of the University of California (2020), the U.S. Supreme Court ruled 5-4 that ending DACA in this way violated the Administrative Procedure Act (APA) because DHS did not properly explain its decision or consider the impact on the many people who relied on the program.

Another legal challenge started in Texas. On July 16, 2021, U.S. District Judge Andrew Hanen ruled that DACA was unlawful and stopped new applications, but allowed current recipients to keep renewing. He made the same decision on September 13, 2023, saying the Biden administration’s 2022 DACA rule was not different from the original 2012 memo and had the same legal problems.

On January 17, 2025, the Fifth Circuit agreed that DACA’s work authorization rules are unlawful, but only in Texas. The court also found that the program’s deportation protections are lawful and severable from the rest of the rule. It preserved the order, allowing current recipients nationwide to continue renewing their status.

The case is now back before Judge Hanen, who must modify his order to comply with the Fifth Circuit’s decision. Until he acts, existing recipients everywhere can continue to renew their DACA status. USCIS also continues to recognize employment authorization and advance parole for recipients outside Texas. However, if you are a DACA recipient, it is best to consult an immigration attorney, given the program’s ongoing litigation.

DACA Eligibility Requirements

Immigrants who entered the U.S. as children without proper documentation are eligible for deferred action if they meet the following requirements:

• You were under the age of 31 on June 15, 2012
• You entered the U.S. before your 16th birthday
• You have lived in the U.S. continuously since June 15, 2007 (and up to the present)
• You were in the U.S. on June 15, 2012, and at the time you requested your DACA application
• You entered illegally (or your lawful immigration status expired) before June 15, 2012
• You are in school, have graduated, or have a certificate of high school completion or general education development (GED) certificate. Or were honorably discharged from the U.S. Armed Forces (or Coast Guard)
• You are not a threat to national security
• You were not convicted of a felony offense, significant misdemeanor, or three misdemeanors

It is up to each applicant to provide more information and evidence of their eligibility. For example, if you don’t have a passport, you may show any U.S. government document bearing your photo and name as proof of identity.

What Benefits Do DACA Recipients Get?

Getting DACA does not directly lead to a green card or naturalization. But it provides various benefits to its recipients, which include:

• Temporary relief from deportation or removal for up to two years on issuance of initial DACA request
• Opportunity to get work authorization
• Opportunity to enroll in an academic institution in the United States
• Ability to renew DACA status every two years

What Do I Need for DACA Renewal?

As of April 2025, DACA renewal requests are the only path available under the program. After the Fifth Circuit’s January 17, 2025, decision, the U.S. Citizenship and Immigration Services (USCIS) can accept new DACA applications, but cannot process them right now. Your current DACA and work permit (EAD) stay valid until they expire, unless USCIS ends them for another reason.

DACA renewals last for 2 years. There is no set limit on how many times you can renew, as long as the program continues and you still meet the requirements.

How to File a Renewal Request

To renew your DACA, you must submit the following to USCIS:

• Form I-821D: Consideration of Deferred Action for Childhood Arrivals
• Form I-765: Application for Employment Authorization
• Form I-765WS, Worksheet establishing economic need for employment
• The required filing fees, typically paid via check or money order

As of April 2026, the DACA renewal fee is $555 for online filings and $605 for paper filings. You may file online through your USCIS account or by mailing a paper application to the appropriate USCIS Lockbox facility. 

Note that USCIS sometimes shifts processing to different service centers. It is best to verify the present filing address on the USCIS Form I-821D page before submitting a paper application.

After submission, USCIS will send a receipt notice (Form I-797C) confirming your application. You may be asked to attend a biometrics appointment to provide fingerprints, a photo, and a signature for a background check. Once approved, you will receive a new Employment Authorization Document (EAD) valid for two years.

Fee Exemptions

There are limited fee exemptions available for DACA recipients. If you are a DACA recipient, be sure to get your fee exemption request approved before you submit your DACA renewal.

For fee-exemption consideration, you should submit a letter and supporting documentation to USCIS. This document should show proof that you meet one of the following criteria:

• You cannot take care of yourself because you are suffering from a serious chronic disability. Your income also falls below 150% of the U.S. poverty level.
• You have a total debt of $10,000 or more from unreimbursed medical expenses. This amount may have accumulated for yourself or an immediate family member within the past 12 months. Your income also falls below 150% of the U.S. poverty level.
• You are 18 years of age or younger, your income is below 150% of the U.S. poverty level, and you are also either in foster care, homeless, or without any parental or familial support.

Important: USCIS must approve your fee exemption request before you can submit your renewal without a fee. If you file your forms with USCIS without paying the required fees, and USCIS cannot find an approved exemption record in your file, USCIS will reject the application and send it back to you. 

State-Specific Benefits

While DACA is a federal program, each state determines the additional benefits and services available to DACA recipients living in that state. The range of benefits may vary widely.

Some states enacted laws expanding DACA recipients‘ access to education, professional opportunities, and health care. Meanwhile, other states impose restrictions or have taken no action. 

It is important to understand what your state offers and the resources available to you. The following sections explain how state laws affect your access to driver’s licenses, in-state tuition, professional licenses, and healthcare as a DACA recipient.

Driver’s Licenses and State IDs

At present, all 50 states issue driver’s licenses to DACA recipients who have a valid EAD and meet the state’s eligibility requirements. However, the documentation requirements to get a driver’s license may differ by state.

In some states, it only requires an EAD and a Social Security number. Other states require additional documentation, such as proof of billing address. You should check with your state’s Department of Motor Vehicles to find out which documents you need to apply for a driver’s license. 

One important consideration is the Real ID compliance. The Real ID Act established minimum standards for state-issued identification used for federal purposes, such as boarding domestic flights or entering federal buildings.

A REAL ID-compliant license or another acceptable form of identification, such as a valid passport, is required to board domestic commercial flights. At present, all 50 states issue REAL ID-compliant licenses, and DACA recipients with a valid EAD are generally eligible. 

If you plan to travel domestically by air, confirm your eligibility for a REAL ID-compliant card with your state DMV and ensure your license reflects your current valid DACA status.

In-State Tuition and Educational Benefits

In-state tuition access is one of the most financially significant benefits available to DACA recipients. However, it varies considerably by state. Many states, including California, Illinois, New York, and roughly 20 others, allow DACA recipients to qualify for in-state tuition rates at public colleges and universities.

California goes further through the California Dream Act, which also allows DACA recipients to avail of state financial aid programs. Because state policies on in-state tuition are subject to legislative and legal change, verify current law in your state before enrolling.

Professional and Occupational Licenses

For DACA recipients, your opportunity to obtain a professional license depends on the state law where you live. 

Wisconsin is the most recent example of a state that expands opportunities for professional and occupational licenses to DACA recipients. Governor Tony Evers signed Act 240 into law in April 2026. This law allows DACA recipients to obtain state professional licenses, including nursing and law. However, this law applies only to those who obtained DACA under the original 2012 program and maintained an active DACA status.

California follows a similar approach. They have a state law that allows undocumented individuals to obtain professional licenses regardless of their immigration status. 

Many states, however, restrict occupational licenses to individuals who can demonstrate “lawful presence” under state or federal law. Because DACA grants deferred action rather than lawful immigration status, recipients in those states may be barred from certain licensed professions even with a valid EAD. The professions most commonly affected include healthcare, law, education, and real estate.

Texas is one notable example. On March 25, 2026, the Texas Commission of Licensing and Regulation voted to limit which noncitizens can obtain licenses across a wide range of professions. Under the new rules, taking effect May 1, 2026, most noncitizens cannot obtain an occupational license unless they hold a green card, have been granted asylum or refugee status, or are recognized as a victim of human trafficking. DACA recipients are specifically ineligible.

Before you spend time and money on a degree or training program, check with your state’s licensing board to make sure you are eligible. Requirements can change quickly with new laws or executive orders, so check often or talk to an immigration attorney to confirm your eligibility.

State Healthcare Programs

Federal healthcare for DACA recipients shifted considerably in the past year. On June 20, 2025, the Centers for Medicare & Medicaid Services issued a new final rule that removed DACA recipients from the definition of “lawfully present” for ACA Marketplace purposes. This eliminated all Marketplace eligibility, including the ability to purchase coverage at full cost. Recipients who enrolled under a November 2024 rule change were later disenrolled.

No matter where you live, you remain eligible for emergency medical care. Hospitals receiving federal funding cannot deny emergency treatment on the basis of immigration status.

Federally qualified health centers (FQHCs) are another option. These centers serve patients regardless of immigration status or ability to pay, and many offer low- or no-cost care.

If you are pregnant or have children, contact your state Medicaid agency directly. Eligibility rules for pregnancy-related coverage and the Children’s Health Insurance Program (CHIP)vary by state. They may be more favorable than the general rules that apply to DACA recipients.

Other State Benefits and Restrictions

State and local policies affecting DACA recipients go beyond the major categories. Business licenses are generally available in most states because they typically do not require immigration status. However, verify the rules in your local jurisdiction before assuming you qualify.

Federal housing assistance through programs like HUD is generally unavailable to DACA recipients. Some states and localities have their own rental assistance programs that may apply, but access varies. Some states have also enacted laws that explicitly restrict public benefits for noncitizens without lawful immigration status. Because DACA does not confer lawful immigration status under federal law, those restrictions can apply to you even with a valid EAD.

An immigration attorney familiar with your state’s laws can help you understand what you can and cannot access where you live.

What Happens If I Miss My DACA Renewal?

It is very important to keep track of your DACA expiration date and file your renewal on time. Missing the deadline is more than just paperwork. It can quickly disrupt your life, your job, and your ability to protect yourself from deportation.

When Should I Renew?

USCIS recommends sending your renewal request 120 to 150 days before your current DACA expires. That is about four to five months in advance. Filing during this time helps USCIS process your application before your work permit expires. It also reduces the risk of a gap in your work authorization.

Do not file more than 150 days before your expiration date. Applications submitted earlier than this window will not be processed right away. USCIS will queue them and hold review until fewer than 150 days remain before your expiration date.

Processing times vary based on USCIS workload, case complexity, and whether you are asked to attend a biometrics appointment or respond to a Request for Evidence (RFE). Check the USCIS Case Processing Times page regularly for current estimates.

Is There a Grace Period?

There is no grace period after DACA expires. The moment your DACA status ends, your work authorization ends with it. Unlike many other immigration categories, DACA-based EADs are not eligible for automatic extensions. Your employer is legally required to reverify your work authorization when your EAD expires and must end your employment if you cannot provide proof of continued authorization. Continuing to work without it can jeopardize your ability to obtain future immigration benefits. Your protection from deportation also ends at expiration. Any coverage gap carries real risk, and even a short lapse should be taken seriously.

What Happens If You Miss Your Renewal?

When DACA status lapses, consequences are immediate. You lose employment authorization, and your employer must end your employment or risk federal penalties. You cannot obtain a replacement EAD until DACA is reapproved. Depending on your state, your driver’s license may also expire or be revoked if it was issued based on DACA status.

You also lose deferred action status and become subject to removal. The longer your DACA remains expired, the greater your risk. A lapse can also complicate future renewals, especially if the gap exceeds one year.

Can I Still Apply for Renewal If My DACA Status Expired?

Yes. USCIS currently allows current and former DACA recipients to file a renewal request even after their status has expired. There is no absolute deadline on how long after expiration you may file.

However, if your DACA has expired for more than one year, USCIS may treat your application more like an initial request, which, under existing court orders, cannot be approved. This makes prompt action critical if your DACA has lapsed.

During any gap in DACA status, you have no work authorization or protection from removal. Late renewals take the same processing time as regular ones, usually several months. Being a late filer does not qualify you for expedited processing, though you may request expedited review for other reasons, such as severe financial loss.

What To Do If You Missed Your Renewal

If your DACA has expired or is about to expire without a renewal filed, take immediate action.

• File as soon as possible. Gather Form I-821D, Form I-765, and Form I-765WS, along with your supporting documentation and filing fees. If you think you may qualify for a fee exemption, submit that request before filing without fees.
• Stop working. Without a valid EAD, you cannot legally work in the United States. Notify your employer as soon as possible. Continuing to work without authorization violates federal immigration law and can damage your immigration record.
• Know your rights. If you are approached by law enforcement or immigration enforcement, you have the right to remain silent and the right to speak with an attorney. It is also helpful to understand the difference between an ICE warrant and a judicial warrant to help you protect your rights.
• Consult an immigration attorney. especially if your DACA has expired for an extended period. An attorney can evaluate your circumstances, identify whether other forms of relief may be available, and help you work through any complications in your renewal application. FindLaw’s directory of immigration attorneys can help you find a qualified professional in your area.

Get Legal Advice Regarding Your DACA Status

U.S. immigration laws and policies often change and are amended. Court rulings, policy changes, and state-level decisions can affect your eligibility for renewal, your work authorization, and your access to benefits. So, staying informed and understanding your rights is essential amid evolving immigration policies.

For those with questions about their DACA status or seeking DACA renewal, it is best to seek legal advice from an immigration attorney. Whether you have questions about your upcoming renewal, missed a deadline, or want to understand what benefits are available to you in your state, an immigration attorney can provide a vital legal service and give you guidance tailored to your specific situation.

FindLaw’s directory of immigration attorneys can get you started. Both federal and state immigration laws are relevant, so your attorney should be licensed in your state. Enter your city or ZIP code for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings and whether they offer free consultations.