DACA (Deferred Action for Childhood Arrivals) is a U.S. immigration policy that protects certain undocumented immigrants who came to the U.S. as children from deportation and grants them a renewable 2-year work permit. It does not provide a path to citizenship or permanent legal status, but it allows recipients to live and work legally in the U.S. during the period of deferred action.

Am I eligible for DACA?

To be eligible for DACA you must: have come to the U.S. before your 16th birthday; have continuously lived in the U.S. since June 15, 2007; have been under age 31 as of June 15, 2012; be currently in school, have graduated high school, have a GED, or be an honorably discharged veteran; have no felony convictions or significant misdemeanors; and not be a threat to public safety or national security.

Does DACA give you a work permit?

Yes. Approved DACA recipients receive an Employment Authorization Document (EAD), commonly called a work permit, valid for 2 years. This allows you to work legally for any employer in the U.S., apply for a Social Security Number, and obtain a driver's license in all 50 states. The EAD can be renewed before it expires.

How do I apply for DACA?

To apply for DACA, you must file Form I-821D (Consideration of Deferred Action for Childhood Arrivals), Form I-765 (Application for Employment Authorization), and Form I-765WS (Worksheet) with USCIS. As of 2025, DACA is accepting renewal applications from current recipients but initial applications are subject to ongoing court proceedings. Work with a qualified immigration attorney or accredited representative to navigate the current status.

Can DACA recipients travel outside the U.S.?

DACA recipients can request advance parole - advance permission to travel outside the U.S. and return - for educational, employment, or humanitarian purposes. Traveling without approved advance parole can result in loss of DACA status and inability to re-enter the U.S. Always consult an immigration attorney before traveling internationally as a DACA recipient.

Is DACA still active?

As of 2026, DACA is active for current recipients who are renewing their status but continues to face ongoing legal challenges in federal courts. New initial applications remain restricted due to court injunctions. Current DACA holders should continue renewing on time and consult an immigration attorney for the most up-to-date guidance on the program's legal status.

How to Apply for DACA in 2026 - Eligibility & Requirements

What Is DACA?

Deferred Action for Childhood Arrivals (DACA) is a federal policy created in June 2012 under the Obama administration. It provides two key protections to eligible individuals who were brought to the United States as children:

What DACA Gives You

1. Protection from deportation - A two-year renewable grant of deferred action, meaning the federal government agrees not to initiate removal proceedings during that period.

2. Work authorization - An Employment Authorization Document (EAD), also called a work permit, that allows you to legally work for any employer in the United States.

DACA does not grant lawful immigration status, a path to citizenship, or permanent residency on its own. However, it gives recipients a Social Security Number, the ability to work, and in most states, access to a driver's license - which opens doors to banking, credit, and financial stability.

🚨 Current Status - April 2026

Renewals: USCIS is continuing to accept and process DACA renewal requests nationwide. If you currently have DACA, you can and should renew. New (initial) applications: USCIS accepts initial applications but is NOT processing them due to a federal court injunction. If you have never had DACA before, you cannot currently receive it even if you meet all requirements. This has been the case since July 2021 and has not changed. Consult an immigration attorney for the latest updates.

Eligibility Requirements

To qualify for DACA, you must meet all of the following criteria as established by USCIS:

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Came to the U.S. before your 16th birthday You must have been brought to the United States before turning 16 years old.
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Continuous residence since June 15, 2007 You must have lived continuously in the U.S. since June 15, 2007, up to the present. Brief trips abroad can complicate this - discuss your travel history with an attorney.
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Physically present on June 15, 2012 You must have been physically present in the United States on June 15, 2012, the date DACA was announced.
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Under 31 years old as of June 15, 2012 You must have been under 31 years of age on June 15, 2012 (born after June 15, 1981).
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No lawful status on June 15, 2012 You must have been undocumented, or had a lawful status that expired, on June 15, 2012.
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In school, graduated, or served in the military You must currently be in school, have a high school diploma or GED, or be an honorably discharged veteran of the U.S. Coast Guard or Armed Forces.
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No serious criminal convictions You must not have been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and must not pose a threat to national security or public safety. Minor traffic violations generally do not disqualify you - but disclose everything to an attorney before filing.

How to Apply or Renew

Whether you are renewing existing DACA or submitting an initial request, the process uses the same three forms. Always download forms directly from USCIS.gov - outdated versions are rejected.

Download the Current Forms from USCIS.gov

Form I-821D - Consideration of Deferred Action for Childhood Arrivals (the main DACA request form)
Form I-765 - Application for Employment Authorization (work permit request, category "(c)(33)")
Form I-765WS - Economic Worksheet (required supplement to I-765)

Gather Your Supporting Documents

Proof of identity (passport, birth certificate, national ID), evidence of continuous residence (tax returns, school records, utility bills, lease agreements), copy of current/prior EAD card, and two passport-style photos taken within 30 days of filing.

Pay the Filing Fee

The current total fee is $555 if filed online or $605 if filed by mail (2026 rates, subject to change). Fee waivers are available in limited circumstances - consult an attorney or nonprofit legal service.

Submit Your Application

File online through your myUSCIS account at uscis.gov, or by mail to the appropriate USCIS service center. If filing by mail, use paper clips - do not staple. Keep a copy of everything you submit.

Attend Biometrics Appointment

USCIS will schedule a biometrics appointment for fingerprinting and background checks. Attend on time - missing it will delay your application.

Wait for Your Decision

USCIS aims to process most renewals within 120 days. Processing can take 3–8 months depending on volume. You will receive a CP565 approval notice and your new EAD card in the mail.

$555 Online Filing Fee

$605 Paper/Mail Filing Fee

120–150 Days Before Expiry to File

3–8 Months Processing Time

💡 File 4–5 Months Early

USCIS strongly recommends filing your renewal 120 to 150 days (4 to 5 months) before your current DACA and EAD expire. Filing too early (more than 150 days) will not speed up your case. If your EAD expires before your renewal is approved, you may lose the right to work during the gap - do not wait.

What DACA Gives You

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Protection from deportation for 2 years Renewable every two years as long as you continue to meet requirements and have no disqualifying criminal convictions.
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Employment Authorization Document (EAD / work permit) Allows you to legally work for any employer. No employer sponsorship required. Employers cannot legally refuse to hire you solely because of your DACA status.
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Social Security Number DACA recipients receive a valid SSN, which unlocks federal employment, a wider range of banking products, and REAL ID-compliant driver's licenses.
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Driver's license in all 50 states DACA recipients with a valid EAD are eligible for a REAL ID-compliant driver's license in every U.S. state - not just the 19 that allow undocumented immigrants.
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State benefits (varies by state) In California, DACA recipients are eligible for full-scope Medi-Cal, in-state tuition under AB 540, and the California Dream Act financial aid.

⚠ What DACA Does NOT Give You

DACA does not grant lawful immigration status, a path to a green card or citizenship, eligibility for federal financial aid (FAFSA), or the ability to sponsor family members. It also does not protect family members who do not have their own DACA or other immigration status.

Current Legal Status of DACA

DACA has faced continuous legal challenges since 2017. Here is the honest picture as of April 2026:

In January 2025, the U.S. Court of Appeals for the Fifth Circuit ruled that DACA is unlawful, but issued a stay allowing current recipients to continue renewing their status while the case proceeds through the courts. USCIS continues to accept and process renewal applications under this stay. Approximately 525,000 people have active DACA status as of early 2026, down from a peak of over 700,000.

New applications remain blocked. USCIS will accept but not process initial DACA requests. If you have never had DACA, you cannot currently receive it regardless of eligibility.

🚨 Do Not Travel Internationally Without Advance Parole

Traveling outside the U.S. without an approved Advance Parole document can result in loss of DACA status, bars to reentry, and placement in removal proceedings. If you need to travel internationally, consult an immigration attorney before making any plans.

💡 Free Legal Help

Many nonprofit organizations offer free or low-cost DACA application and renewal assistance. Search for a nonprofit legal provider near you through the Immigration Advocates Network, or contact your local ACLU or NILC office. Never pay a notario or unlicensed immigration consultant to file your DACA - only licensed attorneys or accredited representatives are authorized to provide legal advice.