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- Initial DACA requests are accepted but not granted
- Renewal requests continue to be adjudicated
- The filing package uses three forms
- Initial and renewal evidence are not identical
- DACA is discretionary, temporary deferred action
- Employment authorization is connected but separate
- Currentness is part of understanding any DACA filing
- Sources
Key Facts
- Federal level: DACA is a discretionary decision to defer removal temporarily; it does not confer lawful immigration status, permanent residence, or a path to citizenship.
- Current federal posture: As of August 9, 2026, USCIS accepts initial DACA requests but is barred by court orders from granting them.
- Current federal posture: USCIS continues to accept and adjudicate DACA renewal requests under existing policy.
- Federal level: A DACA request package includes Form I-821D, Form I-765, and Form I-765WS with the required filing fees and evidence.
- Federal level: Employment authorization is a related but distinct discretionary benefit requiring economic necessity and an approved DACA request.
A DACA application is formally a request for consideration of Deferred Action for Childhood Arrivals. The central question is not whether the request creates immigration status; it asks the Department of Homeland Security to exercise prosecutorial discretion and defer removal for a limited period.
DACA is a federal policy within the broader Deferred Action for Childhood Arrivals program. Its availability has been shaped by federal regulations and continuing litigation, so an explanation must distinguish forms USCIS accepts from requests the agency may legally approve.
Initial DACA requests are accepted but not granted
As of August 9, 2026, USCIS states that it continues to accept both initial and renewal DACA requests. Under the court orders governing the program, however, USCIS may not approve an initial DACA request or its accompanying employment-authorization request.
“Accepted” therefore means USCIS receives the filing, not that the agency will adjudicate it to approval. The current court notice controls over older instructions or articles suggesting that first-time applicants can presently receive DACA.
Renewal requests continue to be adjudicated
USCIS continues to grant or deny renewal requests under existing DACA policy. Renewal remains discretionary and requires the requestor to satisfy the applicable regulatory guidelines at filing and adjudication.
A prior DACA grant does not guarantee renewal. USCIS evaluates the request individually and may consider changed facts, criminal or national-security information, departures, immigration status or parole, and whether discretion remains warranted.
The filing package uses three forms
Form I-821D is the request for DACA consideration. It must be filed with Form I-765, Application for Employment Authorization, and Form I-765WS, a worksheet used to establish economic need for employment.
The employment form is not optional within the DACA package even though deferred action and employment authorization are legally distinct decisions. USCIS will not consider the DACA request without the required Form I-765, Form I-765WS, and fees.
Form editions and fees change. As reviewed on August 9, 2026, the Form I-821D instructions show edition 01/20/25, but the current USCIS Form I-821D page and fee schedule remain the operative filing references.
Initial and renewal evidence are not identical
An initial request requires evidence addressing the DACA threshold guidelines, including age, arrival, residence, physical presence, education or military-service criteria, and lack of disqualifying immigration status. Renewal instructions generally do not require resubmitting evidence USCIS already received unless new facts or requested evidence make it relevant.
Documents in a language other than English require a complete English translation with the translator’s certification. USCIS may request additional evidence and requires biometrics and background checks as part of processing.
DACA is discretionary, temporary deferred action
The DACA regulations describe deferred action as an exercise of enforcement discretion. A favorable decision generally lasts two years and may be considered for renewal, but DHS retains authority to terminate a grant under the governing rules.
Deferred action does not confer lawful immigration status and does not erase unlawful presence accrued before or after the deferred-action period. USCIS explains that a DACA recipient does not accrue unlawful presence for inadmissibility purposes while deferred action is in effect.
DACA also does not provide lawful permanent residence or citizenship. Any separate route to a green card or citizenship must rest on an independent legal basis.
Employment authorization is connected but separate
Under 8 C.F.R. § 274a.12(c)(33), a person granted DACA may receive employment authorization for the deferred-action period upon demonstrating economic necessity. Form I-765 and Form I-765WS document that separate request.
An employment authorization document expires on its stated date unless another legal rule extends it. Filing a DACA renewal does not itself guarantee uninterrupted work authorization, and processing timelines are not promises of completion.
Currentness is part of understanding any DACA filing
The legal posture of DACA can change through district-court orders, appellate decisions, agency notices, or federal regulations. The USCIS DACA page displays the operative court notice and distinguishes what the agency accepts from what it may approve.
That distinction prevents two common errors: describing initial DACA as closed to filing altogether, or describing acceptance of a first-time request as a path to present approval. As of the article date, neither statement accurately reflects the agency’s published posture.
