What is DACA?

DACA is a federal program initiated in 2012 during the Obama administration. It defers the removal of an individual who is undocumented for a specific period of time. Certain immigrants who came to the U.S. as children are eligible to request deferred removal action for a period of two years. However, DACA does not provide a path towards lawful status.

What are the latest changes to DACA?

The Justice Department ruled in April that being a DACA recipient is not sufficient grounds for relief from deportation. DACA still allows recipients to obtain work authorization. In January 2025, a federal judge ruled that U.S. Citizenship and Immigration Services (USCIS) would continue to accept and process DACA renewal applications and accompanying applications for employment authorization. However, initial DACA requests remain on hold.

• An initial DACA request includes a first-time request, a request filed by someone who was previously granted DACA but missed the renewal deadline, and a request filed by someone whose DACA grant was terminated.
• Current DACA grants and accompanying employment authorization documents remain valid until they expire, unless they are terminated individually.
• Applicants will receive a receipt of their initial request submission, and USCIS will then process the payment, but it is not issuing refunds at this time for pending initial DACA requests.
• The renewal cost is $555, and the cost to file on paper is $605.

Why have there been delays in DACA applications?

DACA renewals may be taking longer at the moment because of the reinstatement of fingerprinting (biometrics) appointments, which were paused during the pandemic and require extra time to schedule and complete. Additionally, cases of applicants from certain countries are on hold while USCIS undergoes a comprehensive review process, affecting thousands of applicants. Every two years, DACA recipients must request a renewal of their status to continue receiving deportation relief and to work lawfully. According to the agency's case processing time website, about 80% of renewal requests are processed within four months. USCIS recommends that DACA recipients submit their renewal requests at least five months, but no later than four months, before their current DACA expires. The expiration date is noted on the current approval notice, Form I-797. The expiration date on the work permit is the same date that DACA expires. Applicants may be able to monitor the status of their case by using USCIS's "My Case Status" tool on its website.

What are attorneys recommending to clients whose DACA is expiring soon?

Clients are applying as early as USCIS recommends — up to five months before their expiration date — and are still not having their renewal request processed in time. To avoid a lapse in DACA, some attorneys now advise clients to apply six to seven months before their DACA expiration date. They haven't seen any rejections for applications submitted earlier than five months. Please note that to apply more than five months in advance is "tricky" because applicants risk having their applications denied for applying too early. It is advised that DACA recipients speak with their own legal service provider to determine the time that feels most comfortable for them to submit their renewal request, as recommendations can vary by case.

What are DACA recipients' rights in the workplace?

DACA recipients generally have the same rights as other employees in the workplace. DACA recipients are not required to tell their employers that they have DACA, so employers are not expected to know which of their employees, if any, have DACA. They should typically only be required to provide proof of work authorization at the time of hiring and when their work permit is expiring, according to the Immigrant Legal Resources Center. DACA recipients' employers verifying their work permit again when it is not set to expire could be a form of immigration discrimination under the Human Rights Act.