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The Deferred Action for Childhood Arrivals (DACA) program remains in 2026 one of the most sensitive and politically charged issues in the U.S. immigration system. Created in 2012 under the Obama administration, the program offers temporary protection from deportation and work authorization to immigrants who arrived in the United States as children — known as Dreamers. More than a decade later, the program remains in legal limbo: renewals are still processed by USCIS, but new initial applications are blocked by court order.
This analysis covers the current state of DACA, the legal obstacles keeping new applications suspended, the original eligibility criteria, and what prospective applicants should do to prepare in case an application window reopens.
How DACA Works
DACA is, legally speaking, an exercise of prosecutorial discretion by the Executive Branch. It is not a law passed by Congress and does not grant a path to permanent residency or U.S. citizenship. The program provides a renewable two-year period during which the beneficiary is protected from removal and may apply for an Employment Authorization Document (EAD) using Form I-765.
The practical benefits of DACA extend well beyond work authorization. With an EAD, the beneficiary can apply for a Social Security Number, open bank accounts, obtain a driver’s license in most states, access credit, and enter into formal contracts. For many, it represents the first opportunity to plan their lives without the constant fear of deportation.
Current Statistics
According to USCIS data released in 2025, there were approximately 530,000 active DACA recipients in the United States — a number that has been gradually declining from its historical peak due to the block on new applications. The Migration Policy Institute estimated in 2023 that roughly 1.16 million people would be eligible if the program were fully reinstated and expanded, underscoring the scale of those currently without access to protection.
The Legal Battle That Halted New Applications
The suspension of new applications does not stem from an administrative decision, but from litigation led by the state of Texas and supported by other conservative states. The central argument holds that the Obama administration exceeded its authority by creating the program without Congressional approval.
The 2021 Ruling and the Road Since
In July 2021, federal judge Andrew Hanen of the Southern District of Texas declared DACA illegal for violating the Administrative Procedure Act, barring the federal government from approving new applications. Renewals continued to be processed. The Biden administration attempted to strengthen the program in 2022 through a formal rule published in the Federal Register, converting the policy into regulation.
The State of the Dispute in 2026
In January 2025, the Fifth Circuit Court of Appeals upheld, in part, the ruling finding DACA illegal, but limited the scope of the order to Texas and allowed the program to continue operating for renewals in other states. The case may reach the Supreme Court in upcoming terms. In the meantime, USCIS continues to accept and process only renewal requests, while initial applications remain blocked.
Original Eligibility Criteria
Although any future reopening may bring adjustments, the criteria established in 2012 serve as a reference for those preparing. To qualify under the original rules, an applicant must:
- Have arrived in the United States before the age of 16.
- Have continuously resided in the U.S. since June 15, 2007.
- Have been under 31 years of age on June 15, 2012.
- Have been physically present in the U.S. on June 15, 2012, and at the time of filing.
- Be enrolled in school, have graduated or obtained a GED, or have been honorably discharged from the Armed Forces.
- Have no convictions for a felony, a significant misdemeanor, or three or more misdemeanors.
Documentation to Gather Now
Those who meet the criteria should begin collecting supporting documents even before any potential reopening. Gathering evidence of continuous residence spanning nearly two decades is the most demanding part of the process.
Proof of Identity and Age
Valid or expired foreign passport, translated and certified birth certificate, national identity card issued by the country of origin, or equivalent document.
Proof of Entry Before Age 16
Form I-94 arrival record, passport entry stamps, medical or school records dated close to the time of arrival, dated photographs, and sworn statements from family members or others who witnessed the arrival.
Proof of Continuous Residence Since June 15, 2007
School report cards, employment records, lease agreements, utility bills, federal income tax returns, medical records, bank statements, dated photographs, and any official document establishing month-by-month presence throughout the period.
Educational or Military Documentation
High school diploma, GED certificate, proof of enrollment in a technical or college program, or honorable discharge document from the Armed Forces (DD-214).
The Application Process in Practice
When open for new applications, the process combines three main forms: I-821D (Consideration of Deferred Action for Childhood Arrivals), I-765 (Application for Employment Authorization), and I-765WS (economic necessity worksheet). The total filing fee is $555 per the USCIS fee schedule updated in April 2024 — $85 for biometrics and $470 for the EAD. Processing involves fingerprint collection at an Application Support Center (ASC) and a criminal background check through the FBI.
The Role of Legal Counsel
Given the documentary complexity and the consequences of any error, applicants are strongly advised to seek guidance from an attorney licensed by a U.S. state bar or from a nonprofit organization recognized by the Department of Justice through its Recognition and Accreditation program. Free legal clinics and immigration law nonprofits operate across the country, particularly in regions with large Dreamer populations.
Economic Impact of DACA Recipients
Recent studies show that active recipients contribute billions of dollars annually in federal, state, and local taxes and generate hundreds of billions in economic output over their working lives. A 2024 Center for American Progress study found that 60% of recipients obtained higher-paying jobs after receiving their EAD, with a significant average wage increase. About one-third of recipients have attended or are attending college, and thousands work in critical fields such as healthcare, education, and technology.
The Legislative Landscape and the Dream Act
DACA exists because Congress failed, over more than two decades, to pass the Dream Act or equivalent legislation that would provide a permanent path to legal status for undocumented young people raised in the United States. Versions of the Dream Act have been introduced since 2001 and have never secured enough votes to overcome a Senate filibuster. Without legislative action, any program created by executive order remains vulnerable to reversal by a subsequent administration or by court decision.
How to Stay Informed
Those living with uncertainty about their immigration status should monitor official sources: USCIS publishes regular program updates at uscis.gov/DACA. The Department of Justice updates its site on the litigation, and federal courts publish decisions through PACER. For policy analysis, outlets specializing in immigration coverage provide detailed reporting on each procedural development.
DACA remains one of the most visible and yet most fragile solutions in the American immigration system. For Dreamers waiting for an application window, the most solid strategy combines three fronts: thorough documentation prepared in advance, ongoing monitoring of court decisions, and, when possible, consultation with a qualified immigration professional to evaluate the individual case.
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.
