DACA renewals are being accepted and processed nationwide as of March 2026, including in Texas, despite ongoing federal litigation.
But the program’s legal future remains deeply uncertain as Federal courts have declared DACA unlawful.
New applicants still cannot be approved, and the number of active recipients is falling every quarter.
For current holders, the path forward is clear: renew early, file correctly, and do not let your status lapse.
As of March 2026, DACA renewals are fully operational, you can renew your status for another two years and continue working legally in the United States.
However, the program has been declared unlawful by federal courts and survives only under a judicial stay which can be lifted. Do not wait to renew, file as early as the 150-day window allows.
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Where DACA Stands Legally in 2026
The DACA program has been under constant legal challenge since 2021.
The case is Texas v. United States, now before Judge Andrew Hanen in the Southern District of Texas for the third time.
In July 2021, Judge Hanen ruled that the original 2012 DACA memo was unlawful and blocked all new approvals.
In September 2023, he ruled that the Biden administration’s 2022 DACA Final Rule was also unlawful.
However, each time, he issued a stay, a legal pause, that allows existing DACA recipients to continue renewing their status while appeals proceed.
On January 17, 2025, the Fifth Circuit Court of Appeals issued its latest ruling, upholding Judge Hanen’s finding that DACA is unlawful but keeping the stay in place.
The case was sent back to Judge Hanen to determine how and when to sever work authorization from DACA protections in Texas specifically.
As of March 2026, Judge Hanen has not yet issued that final order. All DACA recipients, including those in Texas, continue to receive both deportation protection and work authorization under the existing stay.
USCIS has confirmed it will continue processing the renewal requests under the regulations at 8 CFR 236.22 and 236.23 for as long as the stay remains in effect.
Who Can Renew DACA in 2026?
To be eligible to renew your DACA in 2026, you must meet all of the following requirements.
| Requirement | Important Detail | |
| ✔ | You currently have DACA status OR your DACA expired less than one year ago | If it is expired more than one year ago, USCIS treats this as a ‘renewal as initial’ and will not process it under the current court order |
| ✔ | You have not departed the United States without Advance Parole since your last DACA approval | Leaving the U.S. without Advance Parole is a disqualifying event regardless of when it happened |
| ✔ | You have continuously resided in the United States since your most recent DACA approval | Significant time abroad without authorization may disqualify you |
| ✔ | You have not been convicted of a felony since your last renewal | A felony conviction is an automatic disqualifier |
| ✔ | You have not been convicted of a significant misdemeanor since your last renewal | Significant misdemeanors include DUI, domestic violence, drug trafficking, and certain theft offenses |
| ✔ | You have not been convicted of three or more misdemeanors | Each misdemeanor is counted separately regardless of when it occurred |
| ✔ | You do not pose a threat to national security or public safety | USCIS performs background checks against law enforcement and intelligence databases |
If you have had any contact with law enforcement, even an arrest without a conviction, or any interaction with ICE since your last renewal, consult an immigration attorney before filing.
Submitting a renewal in some circumstances can actually increase your exposure to enforcement action rather than protect you.
If your DACA expired less than one year ago, you can still file a renewal, USCIS will process it under the same rules as a current holder.
However, you have no automatic extension of work authorization, any gap in your EAD means you cannot legally work during that period.
When to File Your DACA Renewal
Timing your renewal correctly is the single most important thing you can control in this process.
USCIS recommends, and immigration attorneys strongly advise, filing your renewal between 120 and 150 days before your current DACA and EAD expire.
That is a window of four to five months before your expiration date, is printed on your Form I-797 DACA approval notice and on your EAD card.
| Time Before Your EAD Expires | What You Should Do |
| More than 150 days | Do not file yet — USCIS will not process early applications. Prepare your documents and get them ready. |
| 150 days (5 months) | Filing window opens. This is your ideal date to submit. File now for maximum buffer. |
| 120 days (4 months) | USCIS minimum recommended window. If you have not filed, file today without delay. |
| 60 to 119 days | Late but still possible. Processing delays may cause a gap in your status. File immediately. |
| Less than 60 days | High-risk zone. Your work permit may expire before a decision arrives. File with urgency and alert your employer. |
| 0 days (expiration) | Your status and work authorization end today if renewal is not already pending. You cannot legally work. |
| 1 to 364 days expired | You may still file a renewal. Contact an attorney today — your situation requires individual guidance. |
| 365+ days expired | You cannot renew. USCIS will not process your application under the current court order. |
Filing earlier than 150 days will not result in faster processing. USCIS will simply hold early applications until they reach the normal processing queue.
USCIS processes the majority of DACA renewal requests within 120 days. However, in 2025, USCIS completed 18% fewer cases per quarter compared to the prior year, a pattern tracked in our USCIS backlog report, meaning processing times in 2026 are running longer than the historical median.
Given this slowdown, the 150-day window is not just a suggestion. It is your best protection against a gap in work authorization.
DACA Renewal Fees in 2026
The filing fee for a DACA renewal covers both Form I-821D and Form I-765 — they are submitted together and paid together.
| Filing Method | Total Fee (2026) |
| Online filing (recommended) | $555 |
| Mail / paper filing | $605 |
| Fee waiver | Not available — no exceptions |
| Reduced fee option | Not available for renewals |
There is no fee waiver for renewals. This applies to all applicants regardless of income, employment status, or financial hardship.
If you cannot afford the filing fee, some nonprofit organizations and community groups offer financial assistance. Organizations such as the Mission Asset Fund provide zero-interest loans in certain states specifically for DACA filing costs.
Starting October 28, 2025, USCIS no longer accepts paper checks or money orders for renewals.
Any application received with a paper-based payment on or after that date will be rejected outright.
You must pay with a credit card, debit card, or authorized bank transfer.
Online filers pay during the submission process, and Paper filers must include Form G-1450 (Authorization for Credit Card Transactions) with the mailed application.
Forms Required for DACA Renewal
A complete DACA renewal packet requires four documents submitted together as a single package.
| Form | Name | Purpose |
| I-821D | Consideration of Deferred Action for Childhood Arrivals | The core DACA form. Establishes your eligibility for deferred action and includes all personal history, criminal history, and continuous residence information. |
| I-765 | Application for Employment Authorization | Your work permit application. Grants your right to work legally in the United States. Filed under eligibility category (c)(33) for DACA recipients. |
| I-765WS | I-765 Worksheet | A supporting worksheet that establishes your economic need for the EAD. Required for all DACA renewal applicants. No separate fee. |
| G-1145 | E-Notification of Application/Petition Acceptance | Optional but strongly recommended. Signs you up for email and text notification when USCIS receives your application. |
Always use the most current edition of each form, USCIS rejects applications submitted on outdated form versions without refunding the fee.
Download all forms on the day you plan to file, not from a saved file on your computer that may be months old.
Your previous DACA renewal application is a useful reference for completing your new one.
USCIS cross-checks answers across multiple filings, so consistency in the information you provide is important, if anything has changed, address, employer, or personal circumstances, update those fields accurately.
How to File Your DACA Renewal: Step by Step
Step 1: Find your expiration date
Your DACA expiration date is printed on your Form I-797 approval notice and on your EAD card.
Count back 150 days from that date. That is the earliest date you should file. Mark it on your calendar and set a reminder.
Step 2: Gather your documents
Before starting the forms, collect the following:
- Your most recent DACA approval notice (Form I-797)
- Your current EAD card (front and back)
- A copy of your valid government-issued photo ID, passport or state ID
- Two passport-style photos (required for paper filers; not needed for online)
- Evidence of continuous residence since your last approval, pay stubs, bank statements, school records, lease agreements
- Court records for any arrest, charge, or contact with law enforcement since your last renewal
- A credit or debit card for payment
Step 3: Choose your filing method
Online filing is strongly recommended in 2026.
It costs $50 less, eliminates the risk of payment rejection due to form error, generates an instant electronic receipt, and lets you track your case in real time through your myUSCIS account.
To file online, create or log into your account, navigate to File a Form Online, and select Form I-821D; Form I-765 is added to the same online application automatically.
Paper filers must mail the complete packet, I-821D, I-765, I-765WS, G-1145, and Form G-1450 for card payment, to the appropriate USCIS lockbox.
The mailing address is determined by your state of residence, verify the current address in the latest version of the Form I-821D instructions before mailing.
Step 4: Complete every form accurately
Fill out all fields, write N/A for any question that does not apply to you, never leave a field blank.
Answer all Yes/No questions truthfully, USCIS runs background checks and compares your answers to law enforcement records.
A false answer is treated as misrepresentation and can result in denial and potentially referral to ICE.
If your address has changed since your last renewal, update it on the form.
Also file Form AR-11 separately to update your address with USCIS so all future notices reach you at the correct location.
Step 5: Submit and confirm receipt
After submitting online, you will immediately receive an electronic receipt confirmation.
Paper filers should expect their I-797C receipt notice by mail within one to three weeks.
Your receipt notice contains your receipt number, Save it, you use it to track your case status here and through your myUSCIS account.
Step 6: Attend your biometrics appointment if required
USCIS may send you an appointment notice to visit an Application Support Center for fingerprinting and photos.
Not every DACA renewal requires a biometrics appointment: USCIS makes this determination on a case-by-case basis using your prior records on file.
If you receive a biometrics notice, attend on the scheduled date. Bring the notice and a valid government-issued photo ID. Failing to appear without rescheduling causes significant delays.
Step 7 — Respond promptly to any Request for Evidence
If USCIS needs additional information, they will issue a Request for Evidence (RFE) by mail.
The RFE will state exactly what is needed and give you a deadline to respond. Missing the deadline results in an automatic denial with no refund of your filing fees.
Respond as completely as possible and within the deadline. If the RFE involves anything related to criminal history, immigration status, or complex circumstances, consult an attorney before responding.
DACA Renewal Processing Times in 2026
USCIS has historically processed the majority of DACA renewals within 120 days. The median processing time in fiscal year 2023 was one month.
In 2025 and 2026, processing has slowed. USCIS completed 18% fewer DACA cases per quarter in the second quarter of fiscal year 2025 compared to the same period the prior year.
Current realistic processing times in 2026 range from two to six months.
If you filed within the 120-to-150-day window and your current DACA expires before you receive a decision, your existing status and work authorization continue to cover you during the processing period.
If your DACA expires while your renewal is pending and you did not file within the recommended window, there is no automatic extension, you cannot legally work during any gap between expiration and approval.
Advance Parole — Traveling Outside the U.S. With DACA
Advance Parole allows DACA recipients to travel outside the United States and return lawfully.
This is a significant benefit. Many DACA holders have lived in the U.S. since childhood and have never returned to their country of birth. Advance Parole makes it possible to travel for family emergencies, educational purposes, or employment without losing your status.
As of March 2026, Advance Parole remains available to DACA recipients for humanitarian, educational, and employment reasons.
To apply, file Form I-131 (Application for Travel Document) with USCIS. The fee for Advance Parole is $630 and it can be filed at the same time as your DACA renewal or separately.
Leaving the United States without an approved Advance Parole document is one of the most serious mistakes a DACA holder can make.
Departing without authorization may trigger bars on re-entry and can permanently disqualify you from renewing your DACA, if you are planning any international travel, apply for Advance Parole and wait for approval before booking any flights.
What happens at the port of entry?
Having an approved Advance Parole document does not guarantee re-entry. A Customs and Border Protection officer at the port of entry makes the final admission decision.
Under the current administration, CBP officers have broad discretionary authority.
DACA holders returning with Advance Parole have generally been admitted without issue, but the risk is higher than it was in prior years.
If you must travel internationally and hold DACA, consult an immigration attorney before departing. The stakes of a problem at the border are too high to take casually.
DACA and Enforcement Under the Trump Administration
The Trump administration has not moved to formally rescind DACA renewals since returning to office in January 2025.
However, the enforcement environment has changed significantly.
According to documented reporting, 261 DACA recipients were arrested by ICE in a 10-month period in 2025 — not as a result of their DACA status, but due to criminal history, prior removal orders, or other enforcement triggers.
DACA does not provide immunity from arrest or deportation. It provides a grant of deferred action — meaning ICE has chosen to deprioritize enforcement for DACA holders — but that discretion can be revoked on an individual basis at any time.
Any contact with law enforcement since your last renewal — even an arrest without conviction — increases your enforcement risk and must be disclosed truthfully on your renewal application.
If you have had any interaction with law enforcement or ICE, speak with an immigration attorney before filing your renewal. For broader context on the Trump administration’s stepped-up deportation enforcement, read our dedicated coverage.
What If DACA Ends — Should You Still Renew?
Yes, absolutely, as long as USCIS is accepting and processing renewals, renewing is always the right move.
If the program is terminated while your renewal is pending, the worst outcome is that USCIS stops processing cases, you will be in no worse a position than if you had not filed.
If the program ends after your renewal is approved, your two-year grant continues until it expires under existing legal precedent, USCIS would need a new legal order to revoke active, approved DACA grants.
The key principle is this: being in the queue is better than not being in the queue. The 2017 rescission taught this lesson, applicants who had renewals pending when the program was rescinded were far better positioned than those who had waited.
If you are eligible, renew. Do not wait for the legal situation to clarify. It may not clarify in time.
Frequently Asked Questions (FAQs)
I filed my DACA renewal on time but it expired before I got a decision — can I still work?
Yes, in most circumstances. If you filed your renewal within the 120-to-150-day recommended window and your DACA expired while USCIS was still processing it, your work authorization and protection from deportation generally continue during the pending period. To prove your continued work authorization to your employer, show them your expired EAD card alongside your Form I-797C receipt notice for the pending renewal. Together, these documents confirm that your renewal is pending and your authorization remains valid. If your employer questions your status during this period, the Department of Homeland Security guidance is clear that pending renewals continue existing protection. Your employer should not terminate your employment solely on the basis of an expired card if a renewal receipt is on file.
Can I apply for a Green Card while I have DACA?
Having DACA does not prevent you from applying for a Green Card, but it does not create a direct path to one either. The most common way DACA holders obtain a Green Card is through a qualifying family relationship, marrying a U.S. citizen is the most direct route, or through an employer who sponsors an immigrant petition on their behalf. DACA holders who are eligible for a family-based Green Card and are inside the United States may be able to adjust their status without leaving the country, depending on how they originally entered and whether they are an immediate relative of a U.S. citizen. Entry without inspection, which applies to many DACA holders who came to the U.S. as young children, is the most common complicating factor. This situation requires careful legal analysis before filing any Green Card petition. An immigration attorney should be consulted before taking any action toward permanent residency.
What happens to my DACA if I get married to a U.S. citizen?
Your DACA status is entirely separate from your marital status. Getting married to a U.S. citizen does not affect your existing DACA or cause it to expire, change, or be revoked. However, marrying a U.S. citizen does create a potential pathway to permanent residency through the marriage-based Green Card process. Whether you can adjust status from DACA to a Green Card without leaving the U.S. depends on how you originally entered the country. As noted above, entry without inspection is a complex issue that requires legal guidance. In the meantime, continue renewing your DACA on schedule. Do not stop renewing just because you are married to a U.S. citizen, the Green Card process takes time, and your DACA is your protection during that wait.
Can I change my name on my DACA and EAD after a legal name change?
Yes. If you have legally changed your name, through marriage, divorce, or a court order, you should update your DACA records to reflect the correct name. To do this, file a DACA renewal using your new legal name and include a copy of the legal document that authorized the name change, such as a marriage certificate or court order. Your new EAD will be issued in your updated legal name. Using an ID with a different name than your EAD can create complications for employment verification and should be resolved as soon as possible. Some USCIS field offices may require both the old and new name documents to be included in the application package. Including both proactively reduces the risk of a Request for Evidence.
I have DACA but I was recently arrested and the charges were dropped. Do I still need to disclose it?
Yes. You must disclose all arrests, charges, and police contacts on your renewal application, even if the charges were dropped, dismissed, expunged, or resulted in a not-guilty verdict. USCIS asks specifically about arrests and charges, not just convictions. An arrest without a conviction is not automatically disqualifying, but it must be disclosed. If you fail to disclose an arrest that USCIS discovers through its background check, that omission will be treated as a material misrepresentation, which is far more damaging to your case than the underlying arrest itself. Before filing a renewal that involves any arrest history, consult an immigration attorney.
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