DACA in 2026: What’s Actually Happening and What Dreamers Need to Know

By Melisa Pena, Founding Partner Jarbath Peña Law Group

If you have DACA, you already know what it’s like to live with uncertainty. You’ve been living with it for years—watching court decisions, waiting for policy announcements, wondering whether the protection you’ve built your life around will still be there next year.

In our Miami office, we talk to DACA recipients every week. The questions are always urgent, and the stakes couldn’t be higher - jobs, school, family, the ability to stay in the only home many of them have ever known.

So here’s what we know as of 2026. Not speculation - just the current legal reality and what it means for you.

Where DACA Stands Right Now

Deferred Action for Childhood Arrival also known as DACA, has been in federal court almost continuously since 2017. The litigation has been long and complicated, and it’s not over.

Here’s where things stand in 2026:

• Current recipients can renew. If you already have DACA and your status hasn’t lapsed, you are currently eligible to file a renewal. USCIS is processing renewals under a court-ordered framework.

• New applications remain blocked. Federal courts have prohibited USCIS from granting first-time DACA applications. If you have never had DACA before, you cannot apply for it right now, regardless of whether you would otherwise qualify.

• The legal status of DACA itself remains contested. Federal courts have ruled DACA unlawful but have allowed it to continue for current recipients while the litigation works its way through the appeals process. That could change. The legal foundation under DACA is not secure.

We wish we could give a cleaner answer. The honest one is that DACA exists today in a legally fragile state, and every recipient should be planning accordingly.

If You’re Eligible to Renew, Renew Now

USCIS recommends filing your DACA renewal application 150 to 120 days before your current status expires. That’s roughly four to five months out.

Don’t wait until the last minute. Processing times have been inconsistent, and a gap in your DACA protection, even a short one, means a gap in your work authorization and potentially your ability to remain protected from removal. Once your status lapses, you’re no longer a current recipient and renewal becomes significantly more complicated.

To renew, you’ll need to file:

• Consideration of Deferred Action for Childhood Arrivals

• Application for Employment Authorization

• Worksheet to determine whether you have the economic need to work

The current filing fee as of April 2024 is $555, if you file online or $605 if you file by mail. Online filing is now the recommended method, and as of October 2025, USCIS no longer accepts paper checks or money orders - all payments must be made electronically. There is no general fee waiver for DACA renewals, though limited fee exemptions exist in specific circumstances such as serious disability with low income. Always use the most current version of each form. USCIS updates forms periodically and older editions will be rejected.

Is your DACA renewal coming up? We can review your situation and make sure your application is filed correctly. Call us at 305-615-1005 or visit www.jp-lawgroup.com.

Things That Can Complicate Your Renewal

Most renewals are straightforward. But some situations require extra attention before you file—and getting them wrong can result in a denial, or worse, draw unwanted scrutiny.

A criminal matter, no matter how minor

DACA requires “good moral character.” Any criminal charge—arrest, citation, or conviction, even something that was expunged or dismissed, needs to be reviewed by an attorney before you file. Some offenses are disqualifying. Others aren’t. The only way to know for sure is to have someone who understands both immigration law and how criminal charges interact with DACA look at your specific situation.

Travel outside the United States

Traveling internationally while on DACA is an area we advise extreme caution on, especially right now. Advance Parole, the document that allows some DACA recipients to travel abroad and return, has been severely restricted in recent years. In the current enforcement climate, even recipients who believe they have valid travel authorization have encountered serious problems at the border. Do not travel internationally without speaking to an immigration attorney first.

A lapsed DACA status

If your DACA has already expired, the situation is more complicated. While USCIS has accepted some late renewals in the past, there is no guarantee, and each case depends on specific facts. Don’t assume your options have disappeared, but do reach out to an attorney immediately rather than waiting any longer.

Are There Other Immigration Options for DACA Recipients?

DACA has never been a permanent solution. It was always a temporary protection, a policy that could be changed, challenged, or ended. The most important question for any DACA recipient is whether there’s a more secure immigration pathway available to them.

For some recipients, the answer is yes. We’ve helped clients transition to more stable status through:

• Marriage to a U.S. citizen. For DACA recipients who are married to U.S. citizens, adjustment of status to lawful permanent resident may be possible—though the path depends heavily on how and when you entered the United States.

• Employment-based sponsorship. Some employers are willing to sponsor DACA recipients for a work visa or green card. This is a longer process but can lead to permanent residency.

• Family-based petitions. A U.S. citizen parent or sibling may be able to petition for you, depending on your age and family circumstances.

• Special immigrant juvenile status (SIJS). For younger recipients who experienced abuse, neglect, or abandonment, this may be an option worth exploring.

Not every DACA recipient has another pathway available. But many do—and they don’t know it yet. A full case review is always worth having. The worst outcome is learning your options clearly. The best is finding a more permanent solution.

Legal Guidance You Can Trust

DACA recipients didn’t choose the circumstances that brought them here. They built lives in the United States—went to school, got jobs, started families—in the only country most of them have ever truly known. They deserve honest, accurate guidance. Not false reassurance and not unnecessary fear.

At Jarbath Peña Law Group, we’ve worked with Dreamers throughout Miami and South Florida for years. We keep up with the legal developments as they happen, and we give our clients a clear picture of where they stand—what the current risks are, what options exist, and what steps to take right now. In English, Spanish, and Haitian Creole.

You’ve already shown how much fight you have. Let us put ours to work for you.

Frequently Asked Questions

I was eligible for DACA when it first started but never applied. Can I still apply now?

Not at this time. New DACA applications have been blocked by federal court orders since 2021, and that restriction remains in place in 2026. Even if you meet all the original eligibility criteria, USCIS cannot process a first-time DACA application under current court orders. If the legal landscape changes, we’ll be the first to let our clients know.

My DACA expired over a year ago. Do I still have any options?

Possibly. Some late renewals have been accepted under certain circumstances, and separately, a lapsed DACA status doesn’t necessarily mean all other immigration options are closed. Your situation depends on specific facts—how you entered the U.S., your family ties, your work history, and other factors. Call us before you assume your options are gone.

Can I be deported while my DACA renewal is pending?

USCIS typically issues an automatic extension of your work authorization when you file a timely renewal, so your ability to work generally continues while the case is processed. But here's the update every DACA holder needs to hear: as of April 2026, the Board of Immigration Appeals has ruled that having active DACA, even a pending or approved renewal, does not by itself stop removal proceedings from moving forward. DACA was never a legal status; it's a discretionary deferral, and that distinction now has real teeth. This is one more reason filing early isn't enough, understanding your full situation, and whether other immigration pathways exist, matters more than ever.

Does having DACA help me get a green card if I marry a U.S. citizen?

It can, but the path is complicated and depends significantly on how you entered the U.S. DACA recipients who entered legally may have a clearer road to adjustment of status through a U.S. citizen spouse. Those who entered without inspection face additional hurdles, including potential bars to reentry if they travel abroad. We work through these situations carefully on a case-by-case basis.

What happens to my DACA if the program is ended by the courts?

If DACA is ultimately ended by the courts or by executive action, recipients would no longer have deferred action status and would lose employment authorization. That’s exactly why we encourage every DACA recipient to explore whether alternative immigration pathways exist before that happens—because having another option in place is far better than scrambling after the fact. If you haven’t had a full case review recently, this is the time.

Have questions about your DACA renewal or want to know if another immigration pathway exists for you? Contact Jarbath Peña Law Group today at 305-615-1005 or visit us at www.jp-lawgroup.com for a confidential consultation.