Guide · Immigration & Legal Status
DACA: Renewal, First-Time Applications, and Checking Your Status
DACA has been tangled up in federal court for years, and the rules have changed more than once. Here's what USCIS itself currently says — with a strong warning that this can change again.
Read this first: DACA's legal status has been in and out of federal court since 2021, and what's allowed today may not be allowed in six months. This guide reflects USCIS's own published guidance as of August 2026. Do not rely on this page alone for a decision that affects your ability to work or stay in status — check uscis.gov/daca yourself, and talk to an accredited attorney or DOJ-recognized nonprofit legal service before filing anything.
🚫 First-time applications: accepted, but not processed
Under a Sept. 13, 2023 ruling from the US District Court for the Southern District of Texas, which expanded an earlier 2021 injunction, DHS is currently blocked from granting first-time (initial) DACA requests. USCIS says it will still accept initial requests, but will not process them, while the injunction stands. The court left a partial stay in place only for people who already held DACA status before July 16, 2021 — that narrow group's cases can still move forward. If you've never had DACA, filing a first-time request today means it sits unprocessed, not denied.
🔄 Renewals: currently being accepted and processed
If you already have DACA, renewals are a different story — USCIS continues to accept and process renewal requests, and your current DACA grant and work permit stay valid until they expire, unless individually terminated. USCIS recommends filing your renewal (Form I-821D plus Form I-765 and the I-765 worksheet) between 120 and 150 days — about four to five months — before your current expiration date, to avoid a gap.
🔎 How to check your own status
Track a pending DACA request the same way as any other USCIS case: through Case Status Online at egov.uscis.gov using your receipt number, or through your myUSCIS account. For the rule itself — whether new applications are open, whether the injunction has changed — the only reliable source is uscis.gov/daca, which USCIS updates with alerts each time a court ruling shifts what it can do.
Do this first: before filing anything or making plans around DACA, read the alert boxes at the top of uscis.gov/daca yourself — the rule can change between when this guide was written and when you read it.
Official source: U.S. Citizenship and Immigration Services, uscis.gov/daca.
Sources
1. USCIS, "Consideration of Deferred Action for Childhood Arrivals (DACA)," uscis.gov/daca, accessed August 2026. 2. USCIS, "Frequently Asked Questions," uscis.gov/humanitarian/consideration-of-deferred-action-for-childhood-arrivals-daca/frequently-asked-questions, accessed August 2026.
Criollo News guides are practical explainers, not immigration advice — every case is different, and DACA's rules in particular change often and without much notice. Confirm your situation with USCIS directly, an accredited immigration attorney, or a DOJ-recognized nonprofit legal service before filing anything.