DACA Renewal Guide 2026: Updates, Eligibility & How to Apply in

The landscape of U.S. immigration law is constantly evolving, and for many, few programs have seen as much change and uncertainty as the Deferred Action for Childhood Arrivals (DACA) program. As an immigration law firm based in Orlando, Florida, Imigrar is dedicated to keeping our community informed and prepared for these shifts. Today, we delve into the latest updates regarding DACA and provide a comprehensive guide to the renewal process for 2026.

NEWS SOURCE REFERENCE SECTION

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 ongoing legal battles surrounding the Deferred Action for Childhood Arrivals (DACA) program continue to shape the lives of hundreds of thousands of individuals across the United States, including a significant population right here in Florida. As of March 29, 2026, the DACA program remains in a state of partial operation, primarily allowing for renewals but still blocking new initial applications. This situation, while frustrating for those hoping to apply for the first time, underscores the critical importance of timely and accurate renewals for current DACA recipients.

Why this news is showing up now

The "news" surrounding DACA is less about a sudden, singular event and more about the persistent, ongoing legal challenges that have defined the program since its inception. The specific developments that continue to make headlines stem primarily from the lawsuit Texas v. United States. In October 2022, the U.S. Court of Appeals for the Fifth Circuit affirmed a lower court's ruling that DACA is unlawful. While the court sent the case back to the district court to review a new DACA final rule issued by the Department of Homeland Security (DHS) in 2022, the injunction preventing USCIS from granting initial DACA requests was maintained. In July 2023, the district court again found the DACA program unlawful and upheld its order prohibiting USCIS from approving new DACA applications. This means that while the legal process continues to unfold and appeals are possible, the core reality remains: USCIS is currently accepting and processing DACA renewal requests and associated employment authorization documents, but cannot approve initial DACA applications. This legal limbo means that every few months, there are updates, court filings, or policy clarifications that keep DACA in the news cycle, prompting current recipients to seek the most up-to-date information for their future.

How it can affect Florida residents

Florida is home to one of the largest populations of DACA recipients in the nation. Estimates suggest tens of thousands of Dreamers reside in our state, many of whom are integral parts of our communities, workforce, and economy. For those living in Orlando, Central Florida, and along the I-4 corridor, the implications of these DACA updates are profound:

• Continued Uncertainty: The ongoing legal challenges create a pervasive sense of anxiety. While renewals are currently permitted, the long-term future of DACA remains uncertain, impacting life planning, career choices, and educational pursuits for Dreamers and their families.
• Importance of Timely Renewals: For current DACA recipients in Florida, the ability to renew their deferred action and employment authorization is paramount. Any lapse in renewal could lead to loss of work authorization, potential job loss, and even increased risk of deportation. It's crucial to understand the renewal window and process precisely.
• Economic Impact: DACA recipients contribute significantly to Florida's economy. Their ability to work legally supports their families and boosts local businesses, including many in Orange County. The stability of their work authorization directly impacts the economic well-being of our state.
• Access to Education: While Florida has made some progress in allowing DACA recipients to access in-state tuition at public universities, this access often hinges on maintaining valid DACA status. Renewing DACA is essential for many to continue their higher education journey.
• Family Unity: The "Keep Families Together" mission of Imigrar resonates deeply with DACA recipients. Their ability to remain in the U.S. and work legally is often the lynchpin for their families' stability. Legal complications with DACA can have ripple effects on entire families, many of whom are U.S. citizens or legal permanent residents.

For Floridians, particularly those in the Orlando area, staying informed and taking proactive steps for DACA renewal is not just a recommendation—it's a necessity. Imigrar is here to provide the legal guidance and support needed to navigate these complex waters.

What DACA Is (and Why It Matters)

The Deferred Action for Childhood Arrivals (DACA) program is a U.S. immigration policy established by the Obama administration in June 2012. It offers certain undocumented immigrants who came to the United States as children temporary relief from deportation and provides them with renewable work authorization. It is important to clarify that DACA is not a pathway to U.S. citizenship or lawful permanent residency (a Green Card); it is a temporary, discretionary benefit.

A plain-English definition

Imagine you came to the U.S. as a child, grew up here, went to school here, and consider this your home, but you don't have legal immigration status. DACA is a program that allows you to apply to the government to "defer" or postpone any action to deport you for a period of two years. During this time, you also get permission to work legally in the U.S. and, in many states, obtain a driver's license. This benefit is renewable, meaning you can apply to extend it every two years, provided the program remains active and you continue to meet the eligibility criteria.

Key terms you need to know

• Deferred Action: This is the core of DACA. It means the government agrees not to pursue deportation proceedings against an individual for a specific period (currently two years). It does not grant legal status but provides temporary protection from removal.
• Dreamers: This term refers to young undocumented immigrants who were brought to the U.S. as children. The term originated from the proposed "DREAM Act" legislation, which aimed to provide a pathway to legal status for these individuals. DACA was an executive action, not a law, but it provided some of the protections envisioned by the DREAM Act.
• Employment Authorization Document (EAD): Often referred to as a "work permit," this document (Form I-766) is issued to DACA recipients, allowing them to legally work in the United States for the duration of their deferred action period.
• USCIS: The U.S. Citizenship and Immigration Services is the government agency responsible for overseeing lawful immigration to the United States. They process DACA applications and renewals.
• DHS: The Department of Homeland Security is the federal executive department that oversees USCIS, Immigration and Customs Enforcement (ICE), and Customs and Border Protection (CBP), among other agencies.
• Advance Parole: This is a travel document that allows DACA recipients to travel outside the U.S. and lawfully return without jeopardizing their DACA status. It must be approved by USCIS before travel.

DACA matters because it has allowed hundreds of thousands of young people to pursue higher education, build careers, contribute to the economy, and live without the constant fear of deportation in the only country many of them have ever known. For families in Orlando and across Florida, DACA has provided a crucial measure of stability and hope.

Current Immigration Law: The Foundation

Understanding DACA requires a look at its legal foundation, or rather, its lack of a statutory foundation. Unlike many other immigration benefits that are established by Congress through legislation, DACA was created through executive action. This distinction is crucial to understanding its vulnerability and the ongoing legal challenges it faces.

Federal requirements

As an executive action, DACA is implemented through regulations and policies set by the Department of Homeland Security (DHS). While the program is currently enjoined from accepting initial applications, the criteria for *renewal* remain consistent with the original guidelines established in 2012, with some updates from the 2022 final rule. To be eligible for DACA renewal, applicants must demonstrate they continue to meet the following criteria:

• Entered the U.S. Before Age 16: You must have been under the age of 16 when you entered the United States.
• Continuous Residence: You must have continuously resided in the U.S. since June 15, 2007, up to the present time. Brief, casual, and innocent departures do not break continuous residence.
• Physical Presence: You must have been physically present in the U.S. on June 15, 2012, when the DACA program was announced, and at the time of filing your renewal request.
• Age Requirement: You must have been under the age of 31 as of June 15, 2012.
• Education Requirement: You must be currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or be an honorably discharged veteran of the Coast Guard or U.S. Armed Forces.
• No Serious Criminal Record: You must not have been convicted of a felony, a significant misdemeanor, or three or more other misdemeanors, and not pose a threat to national security or public safety.
• Previous DACA Recipient: For renewals, you must have previously been granted DACA.

These requirements are outlined by USCIS, the agency responsible for processing DACA applications. It's important to remember that DACA is a discretionary benefit, meaning even if you meet all criteria, USCIS has the final say in approving your request. For official and updated information, always refer to the USCIS official website.

Florida-specific considerations

While DACA is a federal program, its impact and certain benefits can vary by state. For DACA recipients in Florida, there are specific considerations:

• In-State Tuition: Florida Statute 1009.26(12)(a) allows DACA recipients to qualify for in-state tuition at Florida's public colleges and universities, provided they meet specific residency requirements. This is a significant benefit that helps make higher education more accessible. Maintaining valid DACA status is crucial to retain this benefit.
• Driver's Licenses: DACA recipients in Florida are generally eligible to obtain a Florida driver's license upon presentation of their valid Employment Authorization Document (Form I-766) and other required identification documents. This improves mobility and access to employment, especially in sprawling areas like Central Florida.
• Local Economy & Workforce: DACA recipients are a vital part of Florida's workforce, contributing to various sectors, including tourism, hospitality, agriculture, and healthcare. The stability provided by DACA allows them to work legally and contribute to the local economy in Orange County and beyond.
• Access to Legal Aid: Given the complex legal environment, accessing knowledgeable immigration attorneys is critical. Firms like Imigrar in Orlando specialize in helping DACA recipients navigate renewals and understand their rights.

It is important to note that state laws and policies can change, sometimes rapidly. Therefore, DACA recipients in Florida should always stay informed about both federal and state-level developments that might affect their status and benefits. Always seek legal counsel for the most accurate and personalized advice.

The primary forms involved in the DACA renewal process 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.

How to Renew Your DACA: A Complete Step-by-Step Guide

For current DACA recipients, renewing your deferred action and employment authorization is a critical process that ensures your continued protection from deportation and your ability to work legally in the U.S. It is crucial to apply within the recommended timeframe to avoid any lapse in your status. USCIS recommends filing your renewal application 120 to 150 days before your current DACA and EAD expire. Filing too early (more than 150 days) may result in rejection, and filing too late risks a gap in your work authorization.

1) Determine Your Eligibility for Renewal

Before gathering documents or filling out forms, confirm you still meet the DACA renewal criteria. This includes:

• You were previously granted DACA.
• You have not departed the United States on or after August 15, 2012, without first obtaining advance parole.
• You have continuously resided in the United States since the date your most recent DACA period was approved.
• 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 you have had any arrests, criminal charges, or convictions since your last DACA approval, consult with an attorney immediately. These could impact your eligibility and require special attention.

Required Documents for Eligibility Assessment:

• Your current DACA approval notice (Form I-797)
• Your current Employment Authorization Document (EAD) (Form I-766)
• Any records of arrests or criminal convictions since your last DACA approval (if applicable)

2) Gather Required Documents

Accuracy and completeness are paramount. Organize all necessary documents before starting the forms. While less extensive than an initial application, renewals still require specific evidence.

Required Documents for Renewal Application:

• Copies of your previous DACA approval notices: Specifically, your most recent Form I-797, Approval Notice for Form I-821D and Form I-765.
• Copy of your most recent EAD card (front and back): This is your work permit.
• Copies of ALL previous EAD cards (front and back): If you have received multiple EADs through DACA.
• Two passport-style photos: These must be taken within 30 days of filing, unmounted, on a white to off-white background, and unretouched. Write your name and A-number lightly on the back of each photo.
• Proof of continuous residence (if applicable): If you have had any significant gaps in your life (e.g., job loss, moving states) that could be misconstrued as a break in continuous residence since your last DACA approval, you may need to provide supporting documents. Examples include school records, employment records, tax returns, bank statements, utility bills, or medical records for the past two years.
• Evidence of any name change (if applicable): Marriage certificates, court orders.
• Certified copies of court dispositions for any arrests/convictions: Even minor incidents. Warning: Do not omit any criminal history. Consult an attorney before filing if you have any criminal record.

3) Complete Forms I-821D, I-765, and I-765WS

These are the official forms required for your DACA renewal. Ensure you download the latest versions from the USCIS Forms page.

• Form I-821D, Consideration of Deferred Action for Childhood Arrivals:
  • Fill this out completely and accurately. Pay close attention to questions about your criminal history and travel outside the U.S.
  • Answer all questions truthfully. If a question does not apply, write "N/A" (not applicable).
  • Sign and date the form.
• Form I-765, Application for Employment Authorization:
  • Complete this form to renew your work permit.
  • For Question 27, "Eligibility Category," enter (c)(33).
  • Sign and date the form.
• Form I-765WS, Worksheet for Form I-765:
  • This worksheet is required to demonstrate your economic need for employment.
  • Provide details about your current income, expenses, and assets.
  • Sign and date the form.

Reminder: Do not leave any blank spaces. If a question doesn't apply, write "N/A" or "None." Use black ink. Always double-check for typos or errors.

4) Prepare Your Application Package

Once all forms are completed and documents gathered, assemble your package according to USCIS guidelines. Organization is key to preventing delays.

• Payment: Include the correct filing fees. As of March 29, 2026, the total fee for DACA renewal is $495, which includes the Form I-821D fee (no fee) and the Form I-765 fee of $410, plus the biometrics services fee of $85. 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 have a strict order for DACA renewal packages, a common and recommended order is:
  1. Payment (check or Form G-1450 on top)
  2. Two passport-style photos in a small envelope, lightly labeled with your name and A-number
  3. Form I-821D
  4. Form I-765
  5. Form I-765WS
  6. Copies of your previous DACA approval notices (Form I-797)
  7. Copies of all previous EADs (front and back)
  8. Copies of any supporting evidence (e.g., proof of continuous residence, certified court dispositions)
• Make Copies: Make a complete copy of your entire application package for your records before mailing it. This is invaluable if USCIS requests additional information or if your package is lost.

5) Mail Your Application

Mail your complete application package to the correct USCIS lockbox facility. The mailing address depends on your state of residence. For Florida residents, the address is typically the USCIS Dallas Lockbox. However, always verify the most current filing address on the USCIS website for Form I-821D.

• Use a Trackable Service: Send your application via Certified Mail with Return Receipt or through a courier service like FedEx or UPS. This provides proof of mailing and delivery, which is crucial for your records.
• Correct Address: Double-check the lockbox address on the USCIS website. Sending it to the wrong address will cause significant delays.

6) Attend Biometrics Appointment (If Requested)

After USCIS receives your application, they will send you a receipt notice (Form I-797C). Subsequently, you may receive an appointment notice (Form I-797C, Appointment Notice) for a biometrics services appointment at an Application Support Center (ASC).

• Purpose: At this appointment, USCIS will collect your fingerprints, photograph, and signature. This information is used for background checks.
• What to Bring: Bring your appointment notice, a valid photo ID (like your current EAD or driver's license), and any other documents requested in the notice.
• No Interview: For DACA renewals, an interview is generally not required unless there are specific issues with your application.

7) Receive Decision

After your biometrics appointment (or if one wasn't required), USCIS will process your application. You can track your case status online using the receipt number provided on your Form I-797C on the USCIS Case Status Online tool.

• Approval: If approved, you will receive a new Form I-797 approval notice for your DACA and a new EAD card (Form I-766) in the mail. The validity period is typically two years.
• Request for Evidence (RFE): USCIS might send an RFE if they need more information or clarification. Respond promptly and thoroughly, preferably with legal assistance.
• Denial: If your application is denied, USCIS will send a denial letter explaining the reasons. This is a critical point to consult with an immigration attorney immediately to understand your options, which may include filing a motion to reopen or reconsider, or exploring other immigration pathways.

Practical Steps You Can Take Today

Proactive planning is your best defense against delays or denials in the DACA renewal process. Here are actionable steps you can take right now to prepare, whether your DACA is expiring soon or in several months.

Actionable Checklist:

• Check Your Expiration Date: Locate your current EAD card (Form I-766) and DACA approval notice (Form I-797). Note the expiration date. Mark your calendar for 150 days prior to that date – this is your target filing window.
• Start Gathering Documents: Don't wait until the last minute. Begin collecting copies of your previous DACA approvals, EAD cards, and any other relevant documents like school transcripts or employment records if you anticipate a need to prove continuous residence.
• Review Your Criminal History: Honestly assess if you've had any encounters with law enforcement since your last DACA approval, no matter how minor. Obtain certified court dispositions for any arrests or convictions. This is a major red flag for USCIS, and upfront disclosure and legal review are essential.
• Secure Funds for Fees: The current filing fee is $495 (as of March 29, 2026). Start saving or explore options for fee assistance if needed.
• Update Contact Information: Ensure USCIS has your most current mailing address. If you've moved, update your address online via USCIS Form AR-11, Alien's Change of Address Card. Incorrect addresses can lead to missed notices and significant delays.
• Consult an Attorney: Even for a renewal, an immigration attorney can provide invaluable guidance, review your application for accuracy, and address any potential issues. This is especially important if you have any criminal history, travel outside the U.S., or any other complex factors.

Document preparation guidance

• Organize Digitally: Scan all your important documents and save them in a secure, organized digital folder. This makes it easier to access, share with your attorney, and create copies.
• Physical Folder: Maintain a dedicated physical folder for all DACA-related documents, including copies of your previous applications, approval notices, EAD cards, and any correspondence from USCIS.
• Clearly Label: When sending documents to USCIS, ensure they are clearly labeled and logically ordered. Avoid staples or paperclips that could damage documents or make them difficult to scan. Use binder clips if necessary to keep sections together.
• No Originals (Unless Requested): Never send original documents to USCIS unless specifically requested. Always send high-quality photocopies.

Timeline expectations

While USCIS processing times can fluctuate, here's a general timeline for DACA renewals:

• Filing Window: Aim to file your renewal application between 150 days and 120 days before your current DACA/EAD expires. This provides sufficient time for processing without being too early.
• Receipt Notice: You should receive a Form I-797C, Notice of Action, confirming receipt of your application within 2-4 weeks of mailing.
• Biometrics Appointment Notice: If required, you may receive a biometrics appointment notice within 4-8 weeks after your receipt notice. The appointment itself is usually scheduled a few weeks after the notice.
• Processing Time: USCIS processing times for DACA renewals can vary significantly. You can check current processing times for Form I-821D at the USCIS Processing Times page. Generally, renewals can take anywhere from 3 to 6 months, sometimes longer.
• Decision and Card Mailing: Once approved, it typically takes 1-2 weeks for your new EAD card to be produced and mailed to you.

Important: These are estimates. Due to fluctuating workloads and ongoing legal challenges, delays are possible. This is why filing early is so important, especially for those in the Orlando area who rely on their EAD for employment and daily life.

How Imigrar Helps Immigrants in Orlando

At Imigrar, we understand the profound impact that immigration matters have on individuals and families. For DACA recipients in Orlando, Central Florida, and across the nation, the renewal process can be a source of anxiety, particularly with the program's uncertain future. Our firm is built on the principle of "Keep Families Together," and we are deeply committed to providing professional, compassionate, and effective legal representation.

Our experience and expertise

Our team of dedicated immigration attorneys possesses extensive experience in handling DACA renewals and navigating the