What is the current status of the DACA program?
On July 16, 2021, a federal judge in Texas ruled against the Deferred Action for Childhood Arrivals (DACA) program, putting a partial end to the policy for new applicants. The judge ordered that no new first-time DACA requests can be granted as of that day; however, USCIS can continue to process and grant renewal requests for now.
I currently have DACA. Am I able to keep it for now?
Yes. Current DACA recipients are still protected and can keep their deferred action and work permits for now.
Can I apply to renew my DACA?
Yes. If you have been granted DACA in the past, you may apply to renew your DACA. If your situation has changed since you last applied (for example, if you have had contact with law enforcement), we recommend that you consult with an immigration attorney or accredited representative before filing your renewal.
When should I apply to renew my DACA?
If your DACA expires soon, you are encouraged to apply for renewal. Currently, USCIS suggests filing a renewal request between 120 and 150 days (i.e., between 4 and 5 months) prior to the expiration of your DACA. USCIS will accept forms before 150 days but it may not process them until your DACA is within 150 days of expiration. There is currently no deadline by when renewal requests are due. However, it is possible that a court could order USCIS to stop granting renewal applications in the future. If you are thinking about renewing earlier than 150 days in advance, we recommend that you consult with an immigration attorney or accredited representative before filing your renewal early.
Can I get DACA approved for the first time?
Not at this time. Due to the Texas federal judge’s order, USCIS is currently not able to approve any new initial requests for people who have never had DACA before. USCIS is able to accept your request but will not able to process or grant it right now. Currently, only people who have previously had DACA can have their DACA renewed.
I have DACA. Can I apply for advance parole to travel outside the U.S.?
According to USCIS’s DACA Frequently Asked Questions, the agency will continue to process and grant advance parole to current DACA recipients for now. We recommend that you consult with an immigration attorney or accredited representative before applying for advance parole and before traveling outside the U.S.
I had DACA, but it was revoked it even though I still qualify for DACA. What should I do?
If you believe you or someone you know has had their DACA unlawfully revoked, contact the ACLU at DACArevoked@aclu.org. You can also read more about the ACLU’s legal challenge to unlawful DACA revocation practices here and here.