As 2026 unfolds, individuals eligible for or currently benefitting from Deferred Action for Childhood Arrivals (DACA) face a complex immigration landscape shaped by ongoing litigation, administrative guidance, and evolving policy priorities. For many of the nearly half-million people with DACA status nationwide, understanding the current legal framework and recent developments remains essential to preserving protections, maintaining work authorization, and planning for the future.
This comprehensive overview explains who can renew, who can apply, what has changed under federal law, and how ongoing court decisions may affect DACA recipients. Whether you are a DACA beneficiary, family member, employer, or advocate, reviewing these developments and seeking professional guidance is critical.
If you need assistance assessing how the DACA updates affect you, we invite you to call our office at 970-893-8857 to schedule a consultation with an experienced Fort Collins naturalization attorney.
What Is DACA? A Brief Immigration Law Summary
Deferred Action for Childhood Arrivals (DACA) is a form of prosecutorial discretion instituted by the Department of Homeland Security (DHS) in 2012. It allows certain undocumented individuals who arrived in the United States as children to request temporary protection from removal and obtain eligibility for an employment authorization document (EAD). DACA does not confer lawful permanent residence or a path to citizenship; rather, it provides a renewable, limited period of lawful presence and work authorization under U.S. immigration law and nationality law, which together form the legal framework governing eligibility and status for individuals seeking relief under DACA.
Current Legal Status of DACA in 2026
Ongoing Litigation and Federal Court Decisions
The DACA program has been the subject of litigation for many years. In January 2025, the U.S. Court of Appeals for the Fifth Circuit issued a ruling addressing the legality of the DACA Final Rule. That ruling found portions of the rule unlawful while permitting current recipients to renew their status under existing guidelines.
The Fifth Circuit limited certain aspects of its decision to specific jurisdictions and stayed broader invalidation while further judicial review proceeds. As a result:
- Existing DACA recipients nationwide may continue to submit renewal applications and receive employment authorization documents and protection from deportation.
- New initial DACA applications remain in a state of uncertainty, and USCIS is generally not processing new initial requests unless specific guidance is issued.
The litigation remains active, and further rulings from federal courts could alter the availability of the program and its requirements.
Administrative and Enforcement Context for DACA in 2026
While USCIS continues to process renewals under the status quo, federal enforcement policies have shifted in 2026. Changes in enforcement priorities and expanded cooperation between federal and local law enforcement under Section 287(g) of the Immigration and Nationality Act may increase scrutiny of immigration status, even for individuals with temporary protections like DACA.
Who Can Renew Their DACA Status in 2026?
Eligibility to renew DACA is based on established criteria. A person may submit a renewal request if they:
- Previously received DACA, even if status has recently expired.
- Continue to meet the age, continuous presence, and residency requirements that applied when initially approved.
- Have not been convicted of a disqualifying criminal offense or pose a threat to national security or public safety.
USCIS recommends that eligible individuals submit their renewal request between 120–150 days before their current DACA expiration date.
Renewal typically requires filing:
- Form I-821D (Consideration of Deferred Action for Childhood Arrivals)
- Form I-765 (Application for Employment Authorization)
- Form I-765WS (Worksheet)
- Applicable filing fees and supporting documentation
DACA renewals are among the many immigration cases that a Colorado immigration lawyer can assist with, helping clients navigate the shifting immigration law landscape and ensure all required forms and documentation are properly submitted.
Recent procedural updates require electronic payment for most immigration filings, and applicants should review current USCIS filing instructions carefully before submission to ensure that the correct fee and payment method is used.
Who Can Apply for DACA for the First Time?
As of early 2026, USCIS is generally not processing initial DACA applications unless further regulatory or court directives require otherwise. While litigation developments have left open the possibility that new applications could be processed in the future, formal guidance permitting adjudication of new cases has not yet been broadly implemented.
If initial applications reopen in the future, eligibility would require:
- Entry into the United States before the age of sixteen
- Continuous residence in the United States since the required statutory date
- Physical presence in the United States at the time of filing
- Enrollment in school, graduation from high school, completion of a GED program, or honorable discharge from the U.S. armed forces
- No felony convictions, significant misdemeanors, or multiple misdemeanors
Because eligibility criteria are strict and documentation requirements are extensive, thorough preparation with the guidance of an experienced immigration attorney is critical.
Changes and Considerations in 2026
Processing Times and Backlogs
Applicants may experience longer processing times compared to prior years. Increased volume, staffing challenges, and policy shifts may contribute to delays in adjudication. Filing early within the recommended renewal window can help reduce the risk of employment authorization lapses.
State-Level Impacts in Colorado
Although DACA is governed by federal law, state policies affect how DACA recipients live and work. Colorado continues to allow qualifying DACA recipients to obtain driver’s licenses and access certain state benefits consistent with Colorado law. However, recipients should monitor both federal and state policy changes that may affect employment or licensing eligibility.
Advance Parole and International Travel
DACA recipients may apply for advance parole to travel abroad for educational, humanitarian, or employment-related purposes. Advance parole must be approved before departure. Traveling without authorization may result in loss of DACA protections and difficulty reentering the United States.
Criminal History and DACA Eligibility
Criminal history remains one of the most significant factors affecting DACA eligibility. A felony conviction, significant misdemeanor, or multiple misdemeanors may result in denial of renewal. Even arrests that do not result in conviction can trigger additional review. Any DACA recipient who has had contact with law enforcement should consult a Colorado immigration lawyer before filing a renewal request to ensure all legal implications are properly considered.
Work Authorization and Employment Considerations
DACA recipients who maintain valid status are eligible for an employment authorization document (EAD). Timely renewal is essential to prevent interruption in employment. Employers may require updated documentation if work authorization expires.
DACA does not provide lawful permanent residence, nor does it automatically convert to another immigration category. Individuals who may qualify for other relief, such as family-based or employment-based immigration relief should seek legal advice regarding possible pathways under the Immigration and Nationality Act.
Family Based Immigration and Other Potential Immigration Options for DACA Recipients
Navigating family immigration options is a vital step for many DACA recipients and their loved ones seeking stability and a path forward in the United States. With the immigration system continually evolving, understanding the full spectrum of legal services available is essential for Colorado immigrants and families throughout communities such as Fort Collins, the Denver metro area, Colorado Springs, and beyond.
For DACA recipients, family immigration options may include adjustment of status through a qualifying relative, special immigrant juvenile status for eligible youth, or humanitarian relief such as U visas and T visas for victims of domestic violence, human trafficking, sexual assault, or other violent crimes. An experienced immigration attorney can help clients understand their rights, explore options for employment authorization, temporary protected status, or permanent residency, and develop strategies tailored to their unique immigration goals.
Experienced immigration attorneys and law firms practicing immigration law offer comprehensive support for family-based immigration matters. Whether you are pursuing family-based petitions, consular processing, or exploring eligibility for permanent residence or citizenship, quality legal services can make a significant difference in the outcome of your case. Immigration lawyers provide guidance on complex issues such as removal defense, immigration appeals, and the immigration consequences of criminal law matters, ensuring that clients are fully informed and protected throughout the process.
If you or your family are considering family-based immigration or have questions about your status, seeking a consultation with a naturalization attorney is the first step toward understanding your options and protecting your rights. Quality legal services and compassionate advocacy are key to navigating immigration matters and achieving your immigration goals.
The Importance of Legal Guidance
Given the continued litigation surrounding DACA and shifting administrative policies, individualized legal review is increasingly important. A Colorado immigration lawyer can evaluate your eligibility, gather thorough documentation, and ensure timely filing.
A Colorado immigration law firm can also help evaluate whether alternative forms of relief may be available, including family-based petitions, humanitarian relief, or employment-based options. An experienced immigration attorney can give you the best chance of success in your case by ensuring all administrative and documentation requirements are met and thoroughly exploring your options.
Frequently Asked Questions (FAQs) About DACA
Is DACA still available in 2026?
Yes. Current DACA recipients may continue to renew their status and obtain work authorization under existing procedures. However, new initial applications are generally not being processed at this time.
Can I renew DACA if it expired recently?
In many cases, individuals whose DACA expired less than one year ago may file a renewal request. If it has been more than one year, the filing may be treated as an initial application once those applications reopen.
Does DACA provide lawful permanent residency?
No. DACA provides temporary protection from removal and work authorization but does not grant lawful permanent resident status or citizenship.
How often must DACA be renewed?
DACA is typically granted for two-year periods. Renewal requests should be filed 120–150 days before expiration.
What criminal convictions can affect DACA eligibility?
Felonies, significant misdemeanors, and multiple misdemeanor convictions may disqualify an applicant. Each case should be evaluated individually.
Can DACA recipients travel internationally?
Yes, but only with approved advance parole for limited purposes. Traveling without authorization can jeopardize DACA protections.
How can a Colorado DACA lawyer assist with my case?
A Colorado DACA lawyer can review your eligibility, prepare and submit applications, address complications such as criminal history, and advise you regarding additional immigration options.
What happens if DACA is terminated in the future?
Future court rulings or legislative action could change the program. Individuals should consult with a Colorado immigration lawyer to assess contingency planning and alternative immigration options.
Schedule A Free Consultation With An Experienced Fort Collins Naturalization Lawyer.
The legal landscape surrounding Deferred Action for Childhood Arrivals continues to evolve in 2026. While renewals remain available, uncertainty persists regarding new applications and long-term program stability. Maintaining compliance with filing requirements, monitoring court developments, and seeking legal guidance are essential steps for protecting your status.
Anzen Legal Group is a Colorado immigration law firm committed to assisting individuals and families with immigration matters, including DACA renewals and related relief options. If you need assistance from a Colorado immigration lawyer, we invite you to contact our office to schedule a consultation and discuss your immigration law needs.
