301.823.6670 | TK@KennedyVisas.com

Deferred Action for Childhood Arrivals (DACA) provides temporary protection from deportation and renewable work authorization for undocumented immigrants who came to the United States as children. For more than a decade, it has allowed hundreds of thousands of young people to live, study, and work legally while building their futures.

What DACA May Provide:

• Temporary protection from deportation;
• Renewable work authorization;
• Eligibility for a Social Security number; and
• Eligibility for a driver’s license in many states.
   

What DACA Does Not Provide

• Permanent residence;
• A direct path to citizenship;
• Lawful immigration status; or
• Guaranteed future protection.
• DACA remains tied to ongoing federal court litigation, and the future of the program remains uncertain.
   

Why This Matters
Since 2012, DACA has helped young immigrants build lives, careers, families, and businesses across the United States. But DACA is not permanent. Current recipients should renew on time, avoid gaps in work authorization, and explore whether they may qualify for a more permanent immigration option through family, employment, humanitarian relief, or another path.

Initial Applications Are Accepted But Not Approved 

• DACA has not fully reopened for first-time applicants.
• USCIS is currently accepting but not processing initial DACA requests, but it is not currently processing or approving first-time DACA applications. This means a person who has never had DACA should not assume that filing now will result in deferred action or a work permit.
• Anyone considering a first-time DACA filing should speak with an immigration attorney before submitting personal information to the government. 

Current DACA recipients may continue to renew. 

• Renewals remain the most important practical protection for people who already have DACA.
• Because DACA remains tied to federal court litigation, first-time applicants and current recipients should get legal guidance before filing, traveling, moving to Texas, or allowing a renewal deadline to pass.

Updated June, 2026

• DACA remains affected by federal court litigation, including litigation from Texas. Current DACA recipients should continue to renew on time unless advised otherwise. 
• First-time DACA applicants should not assume that an initial request will be processed or approved. USCIS continues to accept initial requests, but it is not processing initial DACA requests at this time.
• Applicants with Texas residence, prior Texas residence, or plans to move to Texas should seek legal advice before filing or moving.

• On January 17, 2025, the U.S. Court of Appeals for the Fifth Circuit ruled that parts of the DACA rule are unlawful and limited important parts of the injunction to Texas. The case remains part of the ongoing legal uncertainty surrounding DACA. 
• For clients in Maryland, Virginia, and Washington, D.C., the most important practical point is this: current DACA recipients should continue to renew on time, and first-time applicants should not assume initial applications will be processed. 

• Current DACA recipients can continue to request renewal.
• To reduce the risk of a gap in protection or work authorization, USCIS recommends filing DACA renewals 120 to 150 days before expiration.
• Late renewals can create serious problems, including loss of work authorization, driver’s license issues, and employment disruption.

➡️ Kennedy Law helps DACA recipients prepare complete renewal filings, avoid preventable errors, and plan ahead before expiration dates become urgent.

The future of DACA remains uncertain. It is critical to:

• Renew on time, ideally 120 to 150 days before expiration;
• Avoid gaps in work authorization;
• Seek legal guidance before filing if there are criminal, immigration, travel, or removal issues;
• Consider Advance Parole only after careful legal review; and
• Explore long-term immigration solutions beyond DACA.

➡️ Kennedy Law makes sure renewals are complete, accurate, and filed on time, while also exploring whether the client qualifies for more permanent options.

Current DACA recipients may request Advance Parole for approved reasons, including:

• Educational purposes: Study abroad, research, or school-related programs
• Employment purposes: Overseas assignments, conferences, or training
• Humanitarian purposes: Visiting a seriously ill relative, attending funerals, or seeking urgent medical treatment

Important:  

Advance Parole remains available for current DACA recipients, but travel requires careful legal screening. Approval to travel does not guarantee re-entry, and travel can be risky for people with prior immigration violations, removal orders, criminal history, unlawful presence issues, or other complications.

Speak with an experienced immigration attorney before applying for Advance Parole or leaving the United States.