DACA Updates: Your Essential Guide to Renewal in 2026

The landscape of immigration law is constantly shifting, and for hundreds of thousands of individuals nationwide, few programs are as critical as Deferred Action for Childhood Arrivals (DACA). As an immigration law firm based in Orlando, Florida, Imigrar is dedicated to helping our clients navigate these complexities. Today, we delve into the latest DACA program updates and provide a comprehensive guide to the renewal process, ensuring you have the accurate, timely information you need.

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

As of September 10, 2026, the DACA program continues to operate under significant legal scrutiny and uncertainty. While court orders have largely blocked the processing of new DACA applications, renewals for current recipients remain crucial and are being accepted by U.S. Citizenship and Immigration Services (USCIS). The ongoing legal battles mean that the program's future is still subject to judicial review and potential legislative action. For DACA recipients, this underscores the vital importance of staying informed and meticulously following renewal procedures to maintain their protected status.

Why this news is showing up now

The DACA program has been a subject of continuous legal and political debate since its inception in 2012. Recent court decisions, particularly the rulings from the U.S. District Court for the Southern District of Texas and subsequent appeals, have consistently affirmed that the program, in its current form, faces legal challenges regarding its legality. These rulings have frozen the ability of USCIS to accept initial DACA requests, though they have allowed the Department of Homeland Security (DHS) to continue accepting and processing DACA renewal requests. The "news" surrounding DACA is therefore a constant stream of updates regarding these legal battles and the administrative actions taken by DHS to comply with court orders while attempting to preserve the program for current beneficiaries. Every few months, there are developments, appeals, or statements from government officials that bring DACA back into the spotlight, reminding recipients of the program's precarious yet vital status.

The current updates emphasize that while the fight for a permanent solution continues in Congress and the courts, the immediate priority for existing DACA recipients is to ensure their status does not lapse. This requires diligent attention to renewal timelines and accurate submission of all required documentation. The message is clear: do not let your DACA expire.

How it can affect Florida residents

Florida is home to a substantial population of DACA recipients, many of whom reside in and around Orlando, the I-4 corridor, and other Central Florida communities. For these individuals, the DACA program provides protection from deportation, along with the ability to legally work and obtain a driver's license. Any changes or disruptions to the program have direct and profound impacts on their lives, their families, and the broader economy of the state.

• Employment Stability: DACA provides work authorization, allowing recipients to contribute to Florida's workforce. A lapse in DACA status can lead to job loss, economic hardship, and instability for families.
• Educational Opportunities: Many DACA recipients are students or aspire to higher education. Maintaining DACA status can be critical for accessing certain educational benefits or financial aid opportunities, depending on state policies.
• Driving Privileges: In Florida, DACA recipients are eligible for a driver's license, which is essential for commuting to work, school, and daily life in our spread-out communities.
• Community Integration: DACA recipients are integral parts of Florida's communities. The program's stability directly impacts their ability to plan for the future, pursue career goals, and live without constant fear of deportation.
• Legal Planning: The ongoing uncertainty necessitates careful legal planning. Florida residents with DACA need to be proactive, seek expert legal advice, and prepare for any potential shifts in policy or law. The Orlando USCIS Field Office processes many DACA-related applications, making local legal counsel particularly valuable for residents of Orange County and surrounding areas.

What DACA Is (and Why It Matters)

The Deferred Action for Childhood Arrivals (DACA) program is an administrative immigration policy established by the Obama administration in June 2012. It allows certain undocumented immigrants who came to the United States as children to receive a renewable two-year period of deferred action from deportation and eligibility for a work permit. DACA is not a pathway to lawful permanent residency (a green card) or U.S. citizenship, but it provides a temporary, renewable safeguard against deportation and the ability to work legally.

A plain-English definition

Imagine you came to the U.S. as a child, grew up here, went to school, and consider this your home, but you don't have legal immigration status. DACA is a program that says, "For now, the government will not try to deport you, and you can get a work permit." It's a temporary pause on deportation and allows you to work legally and get a driver's license. You have to renew it every two years to keep these benefits. It doesn't give you a green card or citizenship, but it offers a crucial measure of stability and allows you to contribute openly to society.

Key terms you need to know

• Deferred Action: This is the core of DACA. It means that the Department of Homeland Security (DHS) has decided to defer, or postpone, any deportation action against an individual. It does not grant any legal immigration status but rather is a discretionary act by the government.
• DACA Recipient (or Dreamer): An individual who has been granted deferred action under the DACA program. The term "Dreamer" often refers to young undocumented immigrants who would benefit from the proposed DREAM Act.
• Employment Authorization Document (EAD): Also known as a work permit, this card (Form I-766) allows DACA recipients to legally work in the United States. It is granted in conjunction with deferred action and typically valid for two years.
• USCIS: U.S. Citizenship and Immigration Services. This is the government agency responsible for processing DACA applications and renewals.
• DHS: Department of Homeland Security. The parent agency overseeing USCIS and responsible for immigration enforcement.
• Advance Parole: A travel document (Form I-131, Application for Travel Document) that allows certain non-citizens, including DACA recipients in specific circumstances, to travel outside the U.S. and lawfully return. While DACA recipients *can* apply for advance parole, it is granted only in limited humanitarian, educational, or employment-related situations and carries significant risks.
• Unlawful Presence: The period of time an individual is in the U.S. without being admitted or paroled, or after the expiration of a period of authorized stay, or violation of any condition of nonimmigrant status. DACA status defers removal but does not erase past unlawful presence.

Current Immigration Law: The Foundation

DACA is not a statutory program created by Congress; rather, it is an exercise of prosecutorial discretion by the executive branch. This means it was implemented through a memorandum from the Secretary of Homeland Security, not through a specific law passed by Congress. This is why its legal standing has been consistently challenged in courts.

While DACA itself is not codified in federal statute, its operation and the processing of related forms fall under the broader framework of the Immigration and Nationality Act (INA), particularly sections related to the Department of Homeland Security's authority regarding enforcement and benefits. For instance, the ability to grant employment authorization stems from regulations tied to the INA that allow certain non-citizens to receive work permits.

Federal requirements

To be eligible for DACA, individuals must meet several strict requirements, which generally remain the same for renewals:

• Were under the age of 31 as of June 15, 2012.
• Came to the U.S. before reaching your 16th birthday.
• Have continuously resided in the U.S. since June 15, 2007, up to the present time.
• Were physically present in the U.S. on June 15, 2012, and at the time of making your request for deferred action with USCIS.
• Had no lawful status on June 15, 2012.
• Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States.
• Have not been convicted of a felony, a significant misdemeanor, three or more other misdemeanors, and do not pose a threat to national security or public safety.

Important: For renewals, you must continue to meet these initial eligibility criteria. USCIS reviews your entire history since your last DACA approval.

The primary forms involved in a 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 are available on the USCIS Forms page.

Florida-specific considerations

While DACA is a federal program, its impact and certain ancillary benefits are experienced at the state level. For Florida residents:

• Driver's Licenses: DACA recipients in Florida can obtain a driver's license from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) by presenting their valid Employment Authorization Document (EAD) and other required identification. Keeping your DACA and EAD renewed is essential to maintain this privilege.
• In-State Tuition: Florida currently does not grant in-state tuition to DACA recipients by state law. However, individual universities or colleges may have specific policies or scholarships. It is crucial for students to research their specific institution's policies.
• Community Resources: Various non-profit organizations and community groups in Orlando and across Florida provide support, legal clinics, and educational resources for DACA recipients. Imigrar often partners with such organizations to amplify support for the community.
• Legal Landscape: Florida's political climate often influences immigration discussions. Staying informed about state-level initiatives or legislation that could affect DACA recipients, even indirectly, is always prudent.

For more detailed information on federal immigration processes, always refer to the USCIS official website.

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

Renewing your DACA is a critical process that requires attention to detail and timely submission. USCIS recommends filing your renewal request 120 to 150 days before your current DACA and Employment Authorization Document (EAD) expire. Filing too early may result in a denial, and filing too late risks a lapse in your work authorization and protection from deportation.

1) Gather All Necessary Documents and Information

Before you even touch a form, compile all the information and documents you'll need. This preparation phase is crucial for a smooth renewal.

• Previous DACA Approval Notices: Locate your most recent Form I-797C, Notice of Action, which confirms your previous DACA and EAD approval.
• Current Employment Authorization Document (EAD): Have your current EAD card (Form I-766) readily available.
• Biographic Information: Your full legal name, any other names used, date of birth, country of birth, current address, and previous addresses.
• Immigration History: Dates of entry into the U.S., any previous immigration applications, and any travel outside the U.S. with advance parole.
• Criminal History (if applicable): If you have been arrested or convicted of any crime since your last DACA approval, you will need certified copies of all court dispositions and police records, even for minor offenses. Warning: Any new arrests or convictions, especially felonies or significant misdemeanors, can jeopardize your renewal. Consult with an attorney immediately if this applies to you.
• Proof of Continuous Residence (Optional but recommended if changes occurred): While not always explicitly required for renewals if your information hasn't changed, having evidence of continuous residence (e.g., utility bills, school transcripts, employment records) since your last approval can be helpful, especially if you have moved or had significant gaps in employment/education.
• Passport-style Photos: Two identical, color passport-style photos taken within 30 days of filing. Write your name and A-number lightly on the back of each photo.

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

These are the three essential forms for your DACA renewal. Fill them out accurately and completely. Do not leave any questions blank; if a question does not apply, write "N/A" (not applicable).

• Form I-821D, Consideration of Deferred Action for Childhood Arrivals: This is the primary request for DACA. Fill out every section, paying close attention to Part 1 (Information About You), Part 2 (Your Eligibility), and Part 3 (Criminal History). Be truthful and consistent with previous applications.
• Form I-765, Application for Employment Authorization: This form requests your work permit. In Part 2, Question 27, ensure you select eligibility category (c)(33).
• Form I-765WS, Worksheet for Form I-765: This worksheet requires you to provide details about your economic need to work. Be specific about your income, expenses, and how a work permit helps you meet these needs. This is a crucial part of demonstrating your eligibility for an EAD.

Reminder: Always use the most current version of the forms available on the USCIS Forms page. Outdated forms will be rejected.

3) Calculate and Prepare Filing Fees

As of 2026-09-10, the total filing fee for DACA renewal is $495. This includes the $85 biometrics services fee and the $410 fee for Form I-765. There is no separate fee for Form I-821D.

• Payment Options: You can pay with a money order, personal check, cashier's check, or by credit card using Form G-1450, Authorization for Credit Card Transactions.
• Payable To: Make checks or money orders payable to "U.S. Department of Homeland Security." Do not abbreviate.
• Fee Waivers: USCIS generally does not grant fee waivers for DACA renewal applications. In very limited circumstances of extreme poverty, you may be able to request an exemption, but this is rare and should be discussed with an attorney.

4) Assemble Your Application Packet

Organize your documents neatly. While USCIS does not require specific binders or tabs, a well-organized packet makes it easier for the officer to review. A common order is:

1. Payment (check, money order, or Form G-1450 on top).
2. Two passport-style photos in a small envelope stapled to the upper left corner of Form I-765.
3. Form I-821D.
4. Form I-765.
5. Form I-765WS.
6. Copies of your previous Form I-797C approval notices for DACA and EAD.
7. Copy of the front and back of your current EAD card.
8. Copies of any supporting documents (e.g., criminal dispositions, proof of residence if needed).

Important: Do NOT send original documents unless specifically requested by USCIS. Always send copies, except for the original check/money order or Form G-1450.

5) Mail Your Application to the Correct USCIS Lockbox

The correct filing address depends on the state you reside in. For residents of Florida, including those in Orlando and Central Florida, you will typically mail your DACA renewal application to the USCIS Chicago Lockbox.

• For U.S. Postal Service (USPS):
  USCIS
  Attn: DACA
  P.O. Box 805288
  Chicago, IL 60680-5288
• For FedEx, UPS, and DHL deliveries:
  USCIS
  Attn: DACA (Box 5288)
  131 S. Dearborn St., 3rd Floor
  Chicago, IL 60603-5517

Reminder: Always double-check the USCIS website for the most current filing addresses, as these can change. We highly recommend sending your application via certified mail with a return receipt or a courier service that provides tracking. This provides proof of mailing and delivery.

6) Attend Your Biometrics Appointment (if required)

After USCIS accepts your application, you will receive a receipt notice (Form I-797C) and, typically, a separate appointment notice for biometrics (fingerprints, photograph, and signature). This appointment will be at an Application Support Center (ASC) near you, such as the one serving the Orlando area.

• What to Bring: Your appointment notice, a valid photo ID (like your EAD or passport), and any other requested documents.
• Importance: Attending your biometrics appointment is mandatory. Failing to appear will likely lead to a denial of your DACA renewal.

7) Monitor Your Case Status and Respond to RFEs

You can monitor the status of your case online using the receipt number provided on your Form I-797C. Visit USCIS Case Status Online. USCIS processing times for DACA renewals can vary; you can check estimated times at USCIS Processing Times.

• Request for Evidence (RFE): USCIS may send an RFE if they need additional information or documents. Respond promptly and thoroughly by the deadline provided. Failure to respond to an RFE will result in a denial.
• Approval: If approved, you will receive a new Form I-797C approval notice and your new EAD card (Form I-766) in the mail.

Practical Steps You Can Take Today

Proactive planning is key to a successful DACA renewal. Here's an actionable checklist to help you get started:

1. Mark Your Calendar: Note your DACA and EAD expiration dates. Set a reminder for 150 days before expiration to begin the renewal process.
2. Review Your Records: Go through your personal files and gather all immigration documents, especially previous DACA notices and your current EAD.
3. Check for Updates: Regularly visit the USCIS official website for any policy changes or updated forms related to DACA.
4. Financial Planning: Start saving for the $495 filing fee. While fee waivers are rare, having the funds ready removes a potential barrier.
5. Criminal Background Check: If you have had any encounters with law enforcement, even minor ones, obtain certified court dispositions now. Do not wait until you file.
6. Seek Legal Counsel: If you have any doubts about your eligibility, criminal history, or gaps in residence, schedule a consultation with an experienced immigration attorney at Imigrar.
7. Keep Copies: Make copies of everything you send to USCIS for your records.

Document preparation guidance

• Clarity: Ensure all copies are clear and legible.
• Organization: Use paper clips or binder clips to organize sections of your application. Avoid staples unless explicitly instructed.
• Photos: Follow USCIS photo specifications precisely. Photos that do not meet requirements are a common reason for rejection.
• Translations: If any supporting document is not in English, you must include a complete English translation along with a certification from the translator stating that they are competent to translate and that the translation is accurate.

Timeline expectations

• Filing Window: File between 120 to 150 days before your DACA/EAD expires. Filing too early (more than 150 days) may lead to rejection. Filing too late (less than 120 days) increases the risk of a lapse in status.
• Receipt Notice: Expect to receive a receipt notice (Form I-797C) within 2-4 weeks after USCIS receives your application.
• Biometrics Appointment: A biometrics appointment notice usually arrives 3-8 weeks after filing. The appointment itself will be scheduled a few weeks after that.
• Processing Time: DACA renewal processing times vary, but typically range from 3-6 months. You can check current estimates on the USCIS Processing Times page.
• Approval Notice/EAD Card: If approved, you should receive your approval notice and new EAD card within 1-2 weeks after processing is complete.
• Important: If your DACA expires while your renewal is pending, you will lose your work authorization and protection from deportation during that gap. This is why timely filing is paramount.

How Imigrar Helps Immigrants in Orlando

At Imigrar, we understand the immense stress and uncertainty that DACA recipients and their families face. Our mission, "Keep Families Together," drives our commitment to providing expert, compassionate legal assistance.

Our experienced immigration attorneys in Orlando specialize in DACA renewals and have a deep understanding of the program's complex legal history and current requirements. We serve clients not only in Central Florida, including Orange County, Seminole County, and Osceola County, but also nationwide.

We can assist you by:

• Comprehensive Case Review: Thoroughly reviewing your eligibility and immigration history to identify any potential issues or red flags before filing.
• Accurate Form Preparation: Ensuring all forms (Form I-821D, Form I-765, Form I-765WS) are completed correctly and consistently with previous applications.
• Document Collection: Guiding you on exactly which documents to gather and how to organize them.
• Criminal History Analysis: Providing expert advice if you have any arrests or convictions since your last DACA approval, helping you understand the implications and strategize the best approach.
• Responding to RFEs: Assisting you in preparing a timely and comprehensive response to any Request for Evidence from USCIS.
• Monitoring Your Case: Keeping track of your application's progress and communicating with USCIS on your behalf if necessary.
• Advance Parole Applications: Advising on the eligibility and risks associated with applying for advance parole for DACA recipients.

We offer a free consultation to discuss your specific DACA renewal needs. Our team is fluent in both English and Spanish, ensuring clear and effective communication. Se Habla Español.

Frequently Asked Questions

Q: Can I apply for DACA for the first time?

A: As of September 10, 2026, USCIS is currently prohibited from approving any new DACA applications due to ongoing court orders. They are only accepting and processing DACA renewal requests for individuals who have previously been granted DACA. If you have never had DACA, it is crucial to consult with an attorney to understand your limited options and monitor for any changes in policy that might open up initial applications in the future.

Q: What happens if my DACA expires before I get my renewal approved?

A: If your DACA and EAD expire while your renewal application is still pending, you will temporarily lose your deferred action status and work authorization. This means you will no longer be authorized to work, and you will technically be subject to removal proceedings, although USCIS generally continues to process pending renewals. It is critical to file your renewal within the recommended 120 to 150-day window to minimize the risk of a gap in coverage. If your DACA has already expired, you can still file a renewal, but the risk of a lapse increases, and you should act immediately. If it has been expired for more than a year, USCIS may consider it an initial application, which they are currently not accepting.

Q: How long does DACA renewal take to process?

A: USCIS processing times for DACA renewals can vary significantly depending on the volume of applications and the specific service center. Generally, processing times range from 3 to 6 months. However, it is always advisable to check the USCIS Processing Times page for the most current estimates. Filing within the recommended 120-150 day window before expiration is your best strategy to avoid any lapse in status.

Q: What documents do I need for DACA renewal?

A: For a DACA renewal,