The reporting that sparked this guide: DACA Program Updates and Renewal Information (USCIS)
What This News Means for Immigrants in Orlando and Across Florida

The Deferred Action for Childhood Arrivals (DACA) program continues to be a cornerstone of hope and stability for hundreds of thousands of young immigrants across the United States, including a significant population right here in Florida. As we move through 2026, the ongoing legal and administrative landscape surrounding DACA necessitates constant vigilance and accurate information for those relying on its protections.
Why this news is showing up now
The DACA program, established in 2012, has faced persistent legal challenges and political debate. While federal courts have largely allowed current DACA recipients to renew their protections, new applications for initial DACA are still blocked by court orders. This means the focus for the nearly 600,000 active DACA recipients nationwide, including tens of thousands in Florida, is squarely on timely and accurate renewals. News updates, often stemming from USCIS announcements or court decisions, frequently highlight the critical need for current recipients to understand their renewal process, deadlines, and requirements to maintain their deferred action and work authorization.
The constant flux of immigration policy and the ongoing legal battles (such as the case of Texas v. United States) mean that DACA’s future, while stable for renewals for now, is always under scrutiny. These developments naturally bring DACA back into the news cycle, prompting USCIS to issue reminders and guidance, which in turn becomes crucial information for the community.
How it can affect Florida residents
Florida is home to one of the largest populations of DACA recipients in the nation. For those living in Orlando, across Central Florida, and throughout the state, the ability to renew DACA means maintaining their ability to work legally, pursue higher education, and avoid the threat of deportation. Without DACA, these individuals would lose their Employment Authorization Documents (EADs), making it difficult to support themselves and their families, and potentially exposing them to removal proceedings.
The implications for Florida residents are profound:
- Economic Stability: Thousands of Floridians rely on their EADs to work in various sectors, contributing significantly to the state's economy. A lapse in renewal can lead to job loss and financial hardship.
- Educational Opportunities: Many DACA recipients in Florida pursue higher education, often benefiting from in-state tuition rates established by Florida law for those meeting specific residency requirements. Maintaining DACA is often a prerequisite for accessing these benefits.
- Community Integration: DACA allows recipients to be integral members of their communities, contributing socially and culturally. The stability offered by DACA renewals fosters stronger families and communities, aligning with Imigrar's mission to "Keep Families Together."
- Access to Driver's Licenses: In Florida, DACA recipients are eligible to apply for a driver's license, which is essential for navigating the state, especially along the I-4 corridor for work or school. Renewal ensures continued eligibility.
Understanding the renewal process, preparing documents, and filing on time is not just a bureaucratic task; it's a critical step for maintaining a stable life for yourself and your family in Florida.
Need Help? Our Orlando immigration team is ready to assist. Call +1 786-791-3106 for a free consultation, or message us online. Se Habla Español.
What DACA Is (and Why It Matters)
The Deferred Action for Childhood Arrivals (DACA) program is a critical U.S. immigration policy that has provided temporary relief from deportation and work authorization to eligible young undocumented immigrants who came to the United States as children. Established by the Obama administration in June 2012, DACA allows these individuals to live and work in the U.S. without fear of immediate removal, provided they meet specific criteria.
A plain-English definition
At its core, DACA is a discretionary program that grants certain individuals who arrived in the U.S. as children a temporary reprieve from deportation. This "deferred action" means the government agrees not to pursue their removal from the country for a specific period, typically two years. Along with deferred action, eligible individuals receive an Employment Authorization Document (EAD), commonly known as a work permit, allowing them to legally work in the U.S.
It's crucial to understand that DACA is not a pathway to U.S. citizenship or lawful permanent residency (a Green Card). It does not change an individual's underlying immigration status; it simply provides temporary protection and the ability to work. For the hundreds of thousands of young people known as "Dreamers," DACA has offered a chance to pursue education, build careers, and contribute openly to American society without the constant fear of deportation.
The program was created in response to the stalled DREAM Act legislation in Congress, aiming to address the unique situation of these young people who grew up in the U.S. and often know no other home.
Key terms you need to know
Navigating immigration law requires understanding specific terminology. Here are some key terms related to DACA:
- Deferred Action: This is a decision by USCIS to defer or postpone removal proceedings against an individual. It does not confer lawful status but rather provides a temporary stay of removal.
- Dreamers: A term commonly used to refer to young undocumented immigrants who were brought to the U.S. as children and who would benefit from the DREAM Act (Development, Relief, and Education for Alien Minors Act) or programs like DACA.
- Employment Authorization Document (EAD): Also known as a work permit, this card allows non-citizens to legally work in the United States. DACA recipients receive an EAD valid for the period of their deferred action.
- USCIS (U.S. Citizenship and Immigration Services): The government agency responsible for administering immigration and naturalization benefits, including processing DACA applications and renewals.
- Removal Proceedings: Formal legal processes initiated by the U.S. government to deport a non-citizen from the country. DACA provides protection against these proceedings.
- Advance Parole: A document that allows certain non-citizens, including eligible DACA recipients, to travel outside the United States and lawfully return without jeopardizing their immigration status or deferred action. This is a separate application (Form I-131) and requires a compelling humanitarian, educational, or employment reason.
- Lawful Presence: While DACA recipients are considered "lawfully present" for certain purposes (like obtaining a driver's license or work authorization), this is distinct from having "lawful immigration status" or being "lawfully admitted" to the U.S.
Understanding these terms is vital for anyone engaging with the DACA program, whether for an initial application (currently paused) or, more commonly, a renewal.
Current Immigration Law: The Foundation
The legal framework for DACA is unique and complex, operating as an exercise of prosecutorial discretion rather than a statutory law passed by Congress. This distinction is crucial to understanding its current status and vulnerabilities.
Federal requirements
DACA was established through a memorandum issued by the Secretary of Homeland Security. It is not codified into federal law. This means it can be changed, rescinded, or challenged in court more easily than a federal statute. The authority for DACA stems from the executive branch's inherent discretion to set enforcement priorities and grant relief on a case-by-case basis.
As of June 2026, the key federal requirements and the legal status of DACA are primarily shaped by the ongoing litigation in Texas v. United States. A federal court order in July 2021, affirmed by the Fifth Circuit Court of Appeals, determined that the 2012 DACA memorandum was unlawfully created. This order:
- Blocks New Initial Applications: USCIS is prohibited from approving any new initial DACA requests filed after July 16, 2021. This means individuals who have never received DACA before cannot apply for it at this time.
- Allows Renewals: Importantly, the court order explicitly allows USCIS to continue processing DACA renewal requests and associated Employment Authorization Documents (EADs) for existing recipients. This is the primary focus for current DACA holders.
- Advance Parole: USCIS also continues to process applications for Advance Parole (Form I-131) for DACA recipients.
The Department of Homeland Security (DHS) later codified DACA into a federal regulation in August 2022, attempting to put it on a stronger legal footing. However, this regulation is also subject to the ongoing court challenge. The case is currently back in the Southern District of Texas for further proceedings, and ultimately, it is expected to reach the Supreme Court again.
Therefore, while the future of DACA remains uncertain in the long term, current federal policy, guided by judicial injunctions, allows for renewals.
To renew DACA, you must meet the following criteria (which mirror the original 2012 criteria):
- You received DACA previously and your deferred action has not been terminated.
- You have not departed the United States since August 15, 2012, without first obtaining Advance Parole.
- You have continuously resided in the United States since you submitted your most recent DACA request that was approved.
- You have not been convicted of a felony, a significant misdemeanor, or three or more other misdemeanors, and do not pose a threat to national security or public safety.
The primary forms used for DACA renewal are: Form I-821D, Consideration of Deferred Action for Childhood Arrivals; Form I-765, Application for Employment Authorization; and Form I-765WS, Worksheet for Form I-765. These forms and detailed instructions are available on the USCIS official website.
Florida-specific considerations
While DACA is a federal program, its impact and certain benefits can vary at the state level. For Florida residents:
- Driver's Licenses: DACA recipients in Florida are eligible to apply for a driver's license or identification card. The validity of your driver's license will typically match the expiration date of your EAD. Timely renewal of your DACA and EAD is essential to maintain your driving privileges.
- In-State Tuition: Under Florida Statute 1009.26(12), certain undocumented students, including DACA recipients, may be eligible for in-state tuition rates at Florida public colleges and universities if they meet specific residency requirements (e.g., attending a Florida high school for three years and graduating from a Florida high school). Maintaining your DACA status is often a critical factor in demonstrating eligibility for these benefits.
- Professional Licenses: While some states restrict professional licensing for non-citizens, Florida generally allows DACA recipients to obtain professional licenses (e.g., nursing, teaching) if they meet all other qualifications and possess a valid EAD.
- Local Resources: Communities in Orlando and across Central Florida offer support services, legal aid, and educational resources for DACA recipients. Imigrar is proud to be a key part of this support network.
Reminder: State laws and policies can change, so it's always advisable to verify current regulations with relevant state agencies or an immigration attorney.
Don't risk your DACA status. For personalized guidance on your renewal application, contact Imigrar today. Call +1 786-791-3106 for a free consultation. Se Habla Español.
How to Renew Your DACA: A Complete Step-by-Step Guide
Renewing your DACA is a critical process to maintain your protection from deportation and your ability to work legally in the U.S. It requires careful attention to detail and timely filing. Follow this comprehensive guide to ensure a smooth renewal process.
1) Determine your eligibility for renewal
Before you begin, confirm you meet the criteria for renewal. You are eligible to renew your DACA if:
- You were previously granted DACA.
- You have not departed the United States since August 15, 2012, without first obtaining Advance Parole.
- You have continuously resided in the United States since you submitted your most recent approved DACA request.
- You have not been convicted of a felony, a significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
Important: If your DACA expired more than a year ago, or if your prior DACA was terminated at any point, USCIS considers this an initial request, which they are currently prohibited from processing due to court orders. In such cases, it is imperative to consult with an experienced immigration attorney immediately.
2) Gather required documents
While renewals generally require less documentation than initial requests, it’s crucial to provide all necessary information. USCIS recommends keeping copies of previous applications. Here’s a checklist of documents you’ll typically need:
- Previous DACA Approval Notices: Copies of your most recent Form I-797C, Notice of Action, for Form I-821D and Form I-765.
- Previous EAD Card: A copy of your most recently issued Employment Authorization Document.
- Identification: A copy of your government-issued photo identification (e.g., driver’s license, state ID).
- Proof of Continuous Residence: While not always required for renewals if there are no changes, it's wise to have evidence demonstrating you've continuously resided in the U.S. since your last DACA approval. This could include:
- School records (transcripts, diplomas)
- Employment records (pay stubs, W-2s)
- Bank statements
- Medical records
- Rental agreements, utility bills
- Travel History: If you traveled outside the U.S. with Advance Parole since your last DACA approval, include copies of your Form I-512L, Advance Parole Document, and entry stamps.
- Criminal History: If you have any new arrests or convictions since your last DACA approval, you MUST provide certified court dispositions for each offense, even if charges were dismissed or expunged. Failure to disclose can lead to denial and serious immigration consequences.
- Passport Photos: Two identical, passport-style photos taken within 30 days of filing. Write your name and A-number lightly on the back of each photo.
3) Complete the necessary forms (I-821D, I-765, I-765WS)
You will need to complete three forms for your DACA renewal:
- Form I-821D, Consideration of Deferred Action for Childhood Arrivals: This is the main request for deferred action. Fill out all sections accurately and completely. Be sure to check the box indicating you are requesting a renewal.
- Form I-765, Application for Employment Authorization: This form requests your work permit. For DACA renewals, your eligibility category is (c)(33).
- Form I-765WS, Worksheet for Form I-765: This worksheet requires you to provide details about your economic need to work. It’s a mandatory part of the application for DACA recipients.
Warning: Always use the most current versions of these forms, available on the USCIS Forms page. Outdated forms will be rejected.
4) Prepare your filing package and fees
Once your forms are complete and documents gathered, assemble your package carefully:
- Filing Fees: As of 2026, the combined fee for Form I-821D and Form I-765, including the biometrics fee, is $495. This fee is subject to change, so always verify the current amount on the USCIS website. You can pay by money order, personal check, cashier’s check, or credit card using Form G-1450, Authorization for Credit Card Transactions. Make checks payable to "U.S. Department of Homeland Security."
- Order of Documents: While USCIS doesn't mandate a strict order, a common practice is:
- Check or money order (or G-1450) on top.
- Two passport-style photos in a small envelope stapled to the upper left corner of Form I-765.
- Form I-821D.
- Form I-765.
- Form I-765WS.
- Copies of supporting documents (EAD, approval notices, identification, etc.).
- Any additional evidence (e.g., criminal dispositions, Advance Parole documents).
- Copies: Keep a complete copy of your entire application package for your records. Do NOT send original documents unless specifically requested by USCIS, except for the photos and payment.
Reminder: Fee waivers are generally NOT available for DACA renewals, except in very limited circumstances of extreme hardship, and are rarely granted. It's best to be prepared to pay the full fee.
5) Mail your application
Mail your complete application package to the correct USCIS lockbox facility. The mailing address depends on your state of residence and the service you use (USPS vs. courier service). Check the "Direct Filing Addresses for Form I-821D" page on the USCIS official website for the most up-to-date and correct address. For Florida residents, this typically goes to a USCIS lockbox in Chicago.
Important: Send your application via certified mail with a return receipt or a courier service that provides tracking. This provides proof of mailing and delivery, which is crucial in case of disputes.
When to file: USCIS recommends filing your DACA renewal request 120 to 150 days (approximately 4 to 5 months) before your current DACA and EAD expire. This allows sufficient time for processing and helps avoid a lapse in your work authorization. Filing too early (more than 150 days) may lead to rejection. Filing too late risks your EAD expiring before the new one arrives.
6) Attend biometrics appointment (if required)
After USCIS accepts your application, you will receive a Form I-797C, Notice of Action, confirming receipt. Soon after, you will likely receive a separate notice for a biometrics (fingerprint) appointment. It is mandatory to attend this appointment at the scheduled date and time at your local Application Support Center (ASC), such as the Orlando USCIS Field Office, unless you receive a notice explicitly waiving this requirement.
What to bring: Your appointment notice, photo identification (e.g., driver's license, EAD), and any other requested documents.
7) Monitor your case status and receive decision
You can track the status of your application online using the receipt number provided on your Form I-797C. Visit the USCIS Processing Times page for estimated timelines. Processing times can vary significantly. If your case is taking longer than the posted processing times, you may submit an inquiry with USCIS.
Once a decision is made, you will receive a written notice. If approved, you will receive a new Form I-797C, Approval Notice, followed by your new Employment Authorization Document (EAD) card, typically valid for two years.
Important: If your EAD expires while your renewal is pending, you cannot legally work until your new EAD arrives. Plan accordingly and communicate with your employer about your renewal status.
Practical Steps You Can Take Today for DACA Renewal
Being proactive is key to a successful DACA renewal. Here are practical steps you can take today to prepare and ensure a smooth process:
- Mark Your Calendar: Note your DACA and EAD expiration dates. Set reminders for 150 days and 120 days before expiration. This is your prime filing window.
- Locate Previous Applications: Gather copies of your last approved Form I-821D and Form I-765, including the approval notices (Form I-797C) and your previous EAD card. These are essential for accurate completion of renewal forms.
- Review Your Personal History: Since your last DACA approval, have you had any encounters with law enforcement, even minor ones? Any arrests, citations, or charges? Even if dismissed, you MUST disclose them. Obtain certified court dispositions for EVERYTHING.
- Update Your Address with USCIS: If you've moved since your last application, file Form AR-11, Alien's Change of Address Card, online or by mail within 10 days of moving. This ensures you receive all USCIS notices, including your biometrics appointment.
- Start Saving for Fees: The current filing fee is $495. Begin setting aside funds now to avoid last-minute financial stress.
- Check USCIS Website for Updates: Regularly visit the USCIS official website for the latest forms, fees, and policy updates related to DACA. Immigration policies can change quickly.
- Consult an Attorney: Even if you've renewed before, consider a legal consultation, especially if you have any changes in your personal history (e.g., travel, arrests), if your previous DACA has lapsed, or if you simply want peace of mind. An attorney can help identify potential issues and ensure your application is flawless.
Document preparation guidance
- Organize Everything: Create a dedicated folder for your DACA documents. Use tabs or dividers for different sections (forms, IDs, previous approvals, criminal records, etc.).
- Make Copies: Always send copies, not originals, of supporting documents unless USCIS specifically requests an original. Keep a complete copy of your entire submitted package for your records.
- Clarity and Legibility: Ensure all documents are clear, legible, and easy to read. If submitting copies of documents, ensure they are high quality.
- Translations: If any supporting documents are not in English (e.g., foreign birth certificates if needed for other related applications, though less common for DACA renewal), they must be accompanied by a complete English translation and a translator's certification.
Timeline expectations
- Filing Window: Aim to file between 120 and 150 days before your DACA/EAD expires. This is roughly 4 to 5 months out.
- Receipt Notice: You should receive a Form I-797C, Notice of Action, within 2-4 weeks of filing, confirming USCIS has received your application.
- Biometrics Appointment: Expect a biometrics appointment notice 3-8 weeks after your receipt notice. The appointment itself will usually be 1-3 weeks after the notice.
- Processing Times: Check USCIS Processing Times for the Orlando USCIS Field Office or the relevant service center. Times can vary from 3 to 10 months or more.
- EAD Expiration: If your EAD expires while your renewal is pending, you will have a gap in employment authorization. Plan for this by saving funds or discussing options with your employer well in advance.
Warning: Do NOT let your DACA expire for more than a year. If it does, USCIS will consider your request an "initial" application, which is currently blocked by court orders. Seek legal advice immediately if your DACA has expired or is about to expire, and you are outside the recommended renewal window.

How Imigrar Helps DACA Recipients in Orlando





