Can my DACA application information be shared with ICE?

We know this question keeps people up at night. You deserve a straight answer. This page is general information, not legal advice.

What does the DACA rule say about my information?

There is a federal rule, 8 CFR 236.23(e), that limits how DHS uses what you put in a DACA request. USCIS repeats it in its DACA questions and answers:

• About you: DHS will not use the information in your DACA request to start immigration enforcement against you. The exceptions are a criminal offense, fraud, a threat to national security, or a public safety concern.
• Not referred to ICE: USCIS says people whose cases are deferred under DACA will not be referred to ICE.
• About your family: information about your parents, guardians or other family members in your request will not be used for immigration enforcement against them.

In August 2022 these limits were written into federal regulations. The regulation still reads the same on eCFR (up to date as of September 30, 2026), and we found no official change as of October 21, 2026.

So can ICE see it?

Yes, it can be shared. Here is what the official sources say, plainly:

• Shared for other reasons. USCIS says your information may be shared with national security and law enforcement agencies, including ICE and CBP, for purposes other than removal. Examples it gives: helping decide your DACA request, finding or stopping fraud, national security, and criminal investigations or prosecutions.
• Shared under privacy rules. The privacy notice in the Form I-821D instructions says your information may be shared with other federal, state, local and foreign government agencies under published privacy rules.
• Not a right in court. The same notice says the policy does not create any right or benefit you can enforce in court.

There is also this. In 2020, ProPublica reported on internal government emails, released through a records lawsuit, that showed ICE could reach USCIS databases holding DACA files, including addresses. USCIS said at the time that its DACA information policy had not changed.

Has anything changed in 2025 or 2026?

The rule has not changed. Enforcement has.

• In 2025, DHS said people with DACA are not automatically protected from deportation. Senators wrote to DHS about DACA recipients who had been detained.
• In April 2026, the Board of Immigration Appeals decided that an immigration judge may not end a removal case only because the person has DACA.
• Legal groups warn the information policy could change. Before you file, check the USCIS DACA page and ask a legal clinic whether anything has changed.

None of this changes the written limits on using your DACA information. It does mean the limits are not the whole picture.

What if USCIS denies my DACA request?

A February 28, 2025 USCIS memo (PM-602-0187) tells officers to issue a Notice to Appear, the paper that starts a removal case, after denying many kinds of applications from people who are not lawfully present. The memo carves out DACA requests (USCIS memo PM-602-0187, checked October 19, 2026). That carve out is a policy choice, not a right, and it could change. If you also have another application pending, like a green card or asylum case, the memo may reach that one. Ask your lawyer.

Should this stop me from filing?

It depends on you. That's why a screening comes first.

If you are renewing, USCIS already has your information from your earlier requests. Renewing keeps your protection and your work permit going. For most people, a lapse is the bigger risk. See How to renew your DACA step by step.

If you have never had DACA, filing gives the government your current address, your history and your family details. Right now, first time requests are accepted but not decided, so you would share all of this without getting DACA in return until the courts or the rules change. For some people that trade is worth it. For others, especially people with any arrest, a past removal order or a pending court case, it may not be. See Can I apply for DACA for the first time?

Bring these questions to your screening:

• Given my history, what is my risk if I file now?
• Does anything in my record fall under the crime, fraud or safety exceptions?
• What would my parents' or siblings' information be used for?
• Do I qualify for something stronger than DACA? See Paths to a green card.

I already have DACA. Is my information already out there?

Yes. USCIS has what you sent with every request. That is not a reason to panic, and it is not a reason to stop renewing.

What protects you most is keeping your DACA current and your record clean:

• Keep your address current. The law requires you to report a move within 10 days. Missing a notice can cost you your DACA.
• Never give false information on a DACA form. Fraud is one of the exceptions, and it is a federal crime.
• Call a lawyer right away if you are arrested. A criminal case can open the door to enforcement.

More on this: Keep your DACA and What to do now if you have DACA.

What about my family?

The rule says information about family members or guardians in a DACA request will not be used for immigration enforcement against them. It can still be shared with ICE and CBP for the other purposes listed above, like fraud or a criminal case.

If your parents are worried, the best step is the same as yours: a legal screening, and a family plan. See Make a family preparedness plan.

Who can help?

These are free or low cost legal services. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• California Department of Social Services: a map of state funded immigration legal services. Call (916) 651-8017.
• For San Mateo County residents: the groups below.
• Community Legal Services in East Palo Alto: (650) 326-6440
• Legal Aid Society of San Mateo County: (650) 558-0915
• Immigration Institute of the Bay Area (Redwood City consultations): (650) 587-1558
• San Mateo County Immigrant Services: (650) 363-4194
• Catholic Charities (San Mateo County): (650) 295-2160
• For Santa Clara County residents: Office of Immigrant Relations partners
• California Attorney General, immigrant rights: oag.ca.gov/immigrant, immigration@doj.ca.gov

Only an attorney or a DOJ accredited representative may give you legal advice. See Warning signs of an immigration scam.

Fear is a real part of this. So is a clear plan. Get the facts about your own case, and decide from there.