DACA in 2026, what to do now

Enter the date your DACA expires to see your renewal window.

We know the DACA news can feel like too much. Here is what is true today, and what you can do about it.

This is general information, not legal advice. Before you act on anything about travel, an arrest or a court case, talk with an immigration lawyer or a DOJ accredited representative.

When should I renew?

File 120 to 150 days before your DACA ends. That is 4 to 5 months ahead, and it is what USCIS asks. USCIS does accept a renewal it gets more than 150 days early, but it will not decide it faster, and your new period may overlap the old one, so it can last less than two years from the day your old DACA ends (DACA FAQ, Q53, checked October 21, 2026). Wait until less than 120 days and you risk a gap. With waits this long, file as close to 150 days out as you can.

DACA already ended? You can still renew within one year, as long as USCIS did not end (terminate) it. After one year, or if USCIS ended your DACA, you must file as a first time request. Those are not being decided now.

How do I renew?

On paper or online. Online costs $50 less. You can upload papers and get notices in your account. Online filing is only for people who had DACA before.

• Renew DACA by mail: forms, fee, the packet and where to send it, with a printable checklist
• Renew DACA online: your USCIS account, step by step

What if my work permit ends before the new one comes?

You may not work until the new card comes. Your DACA work permit does not get an automatic extension while you wait. Your employer must check your papers again by the end date. Plan now for money and work. See While you wait and Can I speed up my DACA case?

Can I apply if I never had DACA?

Yes, you can send a first time request, and USCIS will accept it. But a court order stops USCIS from deciding it for now. Talk with a lawyer before you file. See Apply for DACA for the first time.

What changed in 2026?

• Travel is riskier. On August 13, 2026, the Board of Immigration Appeals decided that a trip on advance parole counts as leaving the country for the unlawful presence bars (Matter of Delcarmen-Lara). USCIS now says that, as of August 13, 2026, leaving on advance parole can trigger the 3 year or 10 year bar if you built up unlawful presence before DACA (Form I-131 page, updated October 7, 2026). Advance parole for DACA costs $630 on paper or $580 online. The fee schedule adds a $1,050 parole fee that border officers collect when you come back in, with no fee waiver (USCIS fee schedule, checked October 21, 2026). Talk with a lawyer before any trip. See Keep your DACA.
• Court cases. In April 2026 the Board (Matter of Santiago-Santiago) said an immigration judge may not end a removal case only because the person has DACA. If you have a court case, keep going to every hearing. See Your rights with DACA.
• A proposed rule, not final. On June 5, 2026, DHS proposed stricter criminal history and fingerprint review for DACA work permits. It is not in effect. We found no final rule as of October 21, 2026.
• The Texas case is still open. As of October 21, 2026, USCIS pages still describe the January 2025 appeals court decision and post no newer order, and we found no news of one. The court docket shows no ruling through its latest entry (No. 828) on September 17, 2026. The case is pending. Nothing has changed yet for renewals.
• Two USCIS memos to know. A September 26, 2025 memo tells USCIS to end DACA for recipients who unlawfully try to buy a gun. A January 1, 2026 memo puts pending applications from nationals of certain "high risk" countries on hold for extra review (USCIS policy memoranda, checked October 21, 2026). A federal court blocked that hold on August 24, 2026 (Red Eagle Law v. Edlow), and USCIS said on August 28, 2026 that it will decide these cases "in the normal course" (USCIS alert). Ask a lawyer whether the hold reaches your case.

How do I keep my DACA?

Five habits protect it. Avoid arrests. Report every move within 10 days. File taxes. Never claim to be a U.S. citizen. Never vote. And never try to buy a gun. See Keep your DACA.

Can DACA lead to a green card?

Not by itself. But some people qualify another way, through family, a job or a special program. A legal screening can tell you if you do. See Paths to a green card.

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, including DACA. Call (916) 651-8017.
• For San Mateo County residents: 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, (650) 295-2160. Full county list
• For Santa Clara County residents: the Office of Immigrant Relations lists partners for DACA renewals, including Asian Law Alliance.

Only a lawyer or a DOJ accredited representative may give you immigration legal advice. Learn how to check, and how to spot a scam, in Warning signs of an immigration scam.

You are not facing this alone. Take one step today, and do not lose hope.