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The Deferred Action for Childhood Arrivals (DACA) program remains one of the most fragile yet consequential pillars of U.S. immigration policy. Created in 2012 by executive action under the Obama administration, DACA shields hundreds of thousands of people who arrived in the United States as children from deportation and, alongside the deferral of removal, offers the opportunity to obtain an Employment Authorization Document (EAD). As of mid-2024, U.S. Citizenship and Immigration Services (USCIS) reported approximately 538,000 active beneficiaries — a population that continues to rely on renewals while the path for new applicants remains blocked by a court injunction.
The question re-entering public debate is straightforward: can the federal government resume accepting initial applications? In 2026, answering that requires separating three distinct tracks — legal, regulatory, and political — because all three move at different speeds and do not always point in the same direction.
How DACA Works
DACA is not a law passed by Congress and does not confer permanent legal status or a path to citizenship. It is an exercise of prosecutorial discretion: the government decides, on a case-by-case basis, to defer for two years the removal of an eligible individual and, during that same period, allows that person to apply for work authorization. Renewal also occurs every two years, with a new fee payment and updated background check.
The original criteria require that the applicant arrived in the United States before age 16, has continuously resided in the country since June 15, 2007, was under 31 years of age on June 15, 2012, and has maintained education equivalent to a high school diploma or received an honorable military discharge. Convictions for a felony, a significant misdemeanor, or three or more misdemeanors render an applicant ineligible.
The EAD and Its Practical Effects
The EAD is, in practice, the most visible benefit of DACA. It allows formal employment by any U.S. employer and is accepted as an identity document for Form I-9 purposes. With an EAD, the beneficiary can obtain a Social Security number for work purposes, open a bank account, obtain a driver’s license in most states, and build a minimum credit history, as well as qualify for residential leases and in-state tuition at many universities.
The Texas Litigation and the Block on Initial Applications
The primary reason the program is closed to new applicants is the lawsuit filed by Texas and other states against the federal government. In 2021, Judge Andrew Hanen of the Southern District of Texas declared the original version of DACA unlawful, ruling that the Executive Branch had exceeded its authority by instituting the program without Congressional backing. The injunction allowed renewals for existing beneficiaries but prohibited the processing of initial applications.
The Biden administration attempted to work around the problem by codifying DACA through a federal regulation — the so-called final rule published in 2022 — to give the program a formal regulatory foundation. In September 2023, the same Judge Hanen extended the invalidation to the regulatory version, and the case moved to the Fifth U.S. Circuit Court of Appeals, which in January 2025 reaffirmed the illegality of the original framework while provisionally maintaining renewals for those already enrolled.
The Current Landscape at the Fifth Circuit
Since 2025, litigation has focused on defining how a potential order reopening new applications could be structured and whether it would withstand further appeal. Negotiations between the Department of Justice and the state plaintiffs have advanced on narrow points, but as of April 2026, nothing suggests that a broad window for initial applications is imminent. Any opening, if it occurs, will come with stricter requirements and will likely be sent back to the Supreme Court for review.
DACA Under the New Federal Administration
The political framing of the program shifted substantially after the new administration took office on January 20, 2025. The Department of Homeland Security began signaling reviews of the 2022 regulation, and the Department of Justice scaled back its robust defense of the program in court. Renewals continue to be processed by USCIS, but the expectation of an administrative opening for new applicants has diminished. The program’s survival now depends increasingly on two variables: the pace of the courts and the historically low likelihood of specific federal legislation protecting Dreamers.
For current beneficiaries, the practical recommendation is clear: renew early. USCIS accepts renewal applications up to 150 days before the EAD expires, and the ideal filing window is between 120 and 150 days out. USCIS’s own data shows median processing times for renewals have fluctuated around one to a few months, but any extra buffer protects the applicant from a potential lapse in authorization.
How to Prepare If New Applications Reopen
Although the 2026 landscape does not favor the immediate reopening of initial applications, it makes sense for potential applicants to begin organizing their documents now. When a window opens, it tends to be brief. The application package should cover four areas:
- Identity and nationality: passport with a clear photo page, translated birth certificate, national ID or equivalent document.
- Entry into the United States before age 16: Form I-94, entry stamps, school or medical records close to the date of arrival, and any official correspondence addressed to the minor during that period.
- Continuous residence since June 15, 2007: school transcripts, utility bills, lease agreements, tax returns, and pay stubs distributed across each year.
- Education or military service: high school diploma, GED certificate, or DD-214 with an honorable discharge.
When open, the process requires simultaneous filing of Form I-821D (Consideration of Deferred Action for Childhood Arrivals), Form I-765 (Application for Employment Authorization), and the I-765 Worksheet, along with payment of the combined filing fee and attendance at a biometric services appointment.
Criminal Records and Cautions
Criminal convictions disqualify an application. Even seemingly minor records, such as a DUI, can be classified as a significant misdemeanor. Cases involving any criminal history require prior review by an immigration attorney accredited by the American Immigration Lawyers Association or by nonprofits recognized by the Department of Justice as authorized providers of immigration legal services. University clinics and pro bono organizations in states such as California, Texas, New York, and Florida typically handle the largest share of demand.
Implications for the Labor Market
Reopening initial applications would have an immediate effect on the labor market, particularly in sectors that depend on young, bilingual workers. Studies by the American Immigration Council and the Center for American Progress estimate that DACA beneficiaries contribute approximately $6 billion per year in federal, state, and local taxes, and that roughly 60% report wage increases after obtaining an EAD. Eliminating the program, conversely, would create an immediate shock in education, healthcare, and professional services — sectors where Dreamers have a well-established presence.
What to Watch in the Coming Months
Three markers should guide anyone following this issue. The first is whether USCIS maintains its policy of accepting and processing renewal applications — any operational change here directly affects current enrollees. The second is the outcome of any Supreme Court rulings on the 2022 regulation. The third is the federal legislative cycle: discussions about some version of the DREAM Act resurface periodically and depend on narrow windows of bipartisan support. For beneficiaries, the practical rule is to never wait until the last moment to renew and to keep supporting documentation current, even during months when the EAD is still valid.
In 2026, DACA continues to be simultaneously a concrete instrument of immigration stability and a symbol of the fragility of administrative solutions to issues that demand legislative action. For those who depend on it, the best individual strategy remains meeting formal requirements with diligence and seeking specialized legal counsel before any move — whether a renewal, an adjustment of status through marriage, or an application under other immigration categories that may be available.
Victoria Harper
Editor-in-Chief
Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.
