{"id":402407,"date":"2026-07-31T10:55:18","date_gmt":"2026-07-31T15:55:18","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/?page_id=402407"},"modified":"2026-07-31T10:52:32","modified_gmt":"2026-07-31T15:52:32","slug":"daca-eligibility-renewals-and-current-status-your-complete-guide","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/immigration\/deportation-removal\/daca-eligibility-renewals-and-current-status-your-complete-guide.html","title":{"rendered":"DACA Eligibility, Renewals, and Current Status: Your Complete Guide"},"content":{"rendered":"\n
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DACA Eligibility, Renewals, and Current Status: Your Complete Guide<\/h1>\n\n
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\n By Lyle Therese A. Hilotin-Lee, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n
DACA gives certain immigrants who came to the U.S. as children temporary protection from deportation and permission to work lawfully. It does not grant lawful immigration status or a path to citizenship. Federal court orders<\/span> currently bar new applications, so only existing recipients can renew their protections.<\/div>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

This article covers how DACA works, the legal challenges it faces, and what existing recipients need to know about renewals and benefits.<\/p>\n

DACA policies<\/span> remain tied to ongoing litigation, and the rules can shift quickly. If you have questions about your eligibility<\/span> or your renewal, contact an\u00a0immigration attorney<\/span><\/a>\u00a0near you for guidance specific to your situation.<\/p>\n

What Is Deferred Action for Childhood Arrivals<\/span>?<\/h2>\n

DACA stands for Deferred Action for Childhood Arrivals<\/span>. 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<\/a> for a certain period.\u00a0The DACA program<\/span> also allows recipients to live and work in the country legally for a temporary period.<\/p>\n

The DACA program<\/span> was announced on June 15, 2012, by the Secretary of Homeland Security. Under these policies, the\u00a0Department of Homeland Security<\/span><\/a>\u00a0(DHS<\/span>) essentially postpones removal or deportation proceedings against a person. The consideration is effective for two years and is subject to renewal. DACA recipients<\/span> may also request employment authorization<\/a> during their period of stay. Roughly half a million people in the U.S. participate in the DACA program<\/span>.<\/p>\n

It\u2019s important to note that USCIS<\/span> cannot currently process new applications<\/strong> under court orders<\/span> issued in January 2025. The only available path under the DACA program<\/span> <\/a>is through a DACA <\/span>renewal<\/span> application<\/span>.<\/p>\n

Is DACA Still In Effect?<\/h2>\n

DACA has undergone years of federal litigation that have significantly shaped the program, and it remains subject to ongoing legal challenges.<\/p>\n

The first major challenge happened when the Trump administration<\/span> tried to end the program in 2017. U.S. District Judge William Alsup stopped that effort on\u00a0January 9,\u00a02018, and the U.S. Supreme Court settled the dispute in June 2020.<\/p>\n

In\u00a0Department of Homeland Security<\/span> v. Regents of the University of California<\/em> (2020)<\/a>, the U.S. Supreme Court ruled 5-4 that ending DACA in this way violated the Administrative Procedure Act (APA) because DHS<\/span> did not properly explain its decision or consider the\u00a0impact on the many people who relied on\u00a0the program.<\/p>\n

Another legal challenge started in Texas. On July 16, 2021,\u00a0U.S. District Judge Andrew Hanen<\/a>\u00a0ruled 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\u00a0original 2012 memo <\/a>and had the same legal problems.<\/p>\n

On January 17, 2025, the Fifth Circuit agreed that DACA’s work authorization<\/span> 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.<\/p>\n

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<\/span>. USCIS<\/span> also continues to recognize employment authorization and advance parole<\/span> for recipients outside Texas.\u00a0However, if you are a DACA recipient<\/span>, it is best to consult an immigration attorney<\/span>, given the program\u2019s ongoing litigation.<\/p>\n

DACA Eligibility<\/span> Requirements<\/h2>\n

Immigrants who entered the U.S. as children without proper documentation are eligible for deferred action if they meet the following requirements:<\/p>\n