The Deferred Action for Childhood Arrivals (DACA) program is entering one of the most legally complex periods in its history.
As of February 2026, DACA remains in effect, but its future continues to be shaped by ongoing federal court litigation that directly impacts how the program functions and who can benefit from it.
If you rely on DACA for work authorization, understanding the current legal framework is essential to preserving your status and avoiding unnecessary risk.
The Current Legal Split for DACA Recipients
A significant ruling by the Fifth Circuit Court of Appeals in early 2025 reshaped how DACA operates. The court found that while the current administration may continue to exercise discretion to defer deportations, the components of the program that grant lawful presence and work authorization remain legally vulnerable.
Renewal Guidelines and Deadlines
Maintaining your status requires careful attention to updated USCIS filing timelines and procedures. The current administration has shifted toward a digital-first system, and even small errors, such as missing a deadline or submitting an incorrect payment method, can result in a lapse of protection. Staying precise and timely with every filing step is essential to preserving your status.
Renewal Eligibility
If you currently hold DACA status, or if your status expired less than one year ago, you are eligible to file for a renewal. USCIS continues to process these applications and issue two-year work permits.
Initial Applications
While USCIS is technically allowed to accept new, initial applications from first-time applicants, a standing court order prevents the agency from processing or approving them. This leaves thousands of potential applicants in a “pending” state without a clear timeline for approval.
Advance Parole
Travel permission remains available for current recipients. You may still apply for Advance Parole for humanitarian, educational, or employment purposes, allowing for legal re-entry into the United States after traveling abroad.
Updated Payment Methods
As of late 2025, USCIS shifted toward electronic processing. Paper-based payments, such as checks or money orders, are generally no longer accepted for DACA renewals. Applicants must use a credit card (Form G-1450) or an ACH transaction (Form G-1650).
Biometric Validity
New guidance limits the age of photos used for immigration documents to no more than three years to enhance security and prevent fraud.
Advanced Parole and New Travel Requirements in 2026
You must have an approved Form I-131, Application for Travel Document, before you leave the United States. Effective January 1, 2026, new fees associated with the “One Big Beautiful Bill Act” (H.R. 1) impact all DACA travelers.
Increased Re-entry Costs
Advance Parole now involves higher expenses. Along with the initial filing fee, you must pay a $1,020 parole re-entry fee when you return to the United States.
Limited Travel Purposes
Travel is strictly limited to humanitarian, educational, or employment-related reasons. Personal trips, vacations, and general family visits are not allowed.
Higher Evidence Requirements
Each request must be supported by clear, specific documentation. This may include a doctor’s letter for humanitarian travel, official enrollment, or employment verification for educational or work-related purposes.
New I-94 Entry Record
If you re-enter the United States using Advance Parole, you receive a new I-94 arrival record. This updated entry may be important for future immigration options, including potential adjustment of status to permanent residency.
With increased focus on recalendaring older cases and the transition to digital-only records requests, accuracy and preparedness matter more than ever.
If you have questions about your DACA eligibility, renewal timing, Advance Parole, or how ongoing court rulings may affect your case, professional support from the Law Office of Christine Contreras becomes essential. Schedule a consultation and talk to our team today.