This article is provided for educational and informational purposes only. It does not constitute legal, financial, or tax advice, and no attorney-client relationship is formed by reading it. Laws, regulations, official guidance, and related information vary by jurisdiction, change frequently, and may have changed or become outdated since the publication date. Always verify current information with authoritative sources and consult a qualified professional about your specific circumstances. The author and publisher assume no liability for actions taken based on this information.
- Current court orders limit who can receive DACA
- The arrival and residence dates are fixed
- Age and immigration status are measured at specific times
- Education or military service is required
- Criminal history and safety screening can bar eligibility
- Renewal has additional requirements
- Work authorization and travel are separate benefits
- Sources
Key Facts
- Federal level, current as of August 9, 2026: USCIS continues to decide qualifying DACA renewal requests, but it may accept and hold initial requests and may not grant them under the operative injunction.
- Federal level: Threshold criteria include arrival before age 16, continuous U.S. residence since June 15, 2007, and physical presence in the United States on June 15, 2012 and when requesting DACA.
- Federal level: The requestor generally must have lacked lawful immigration status on June 15, 2012 and satisfy age and education, graduation, or qualifying military-service criteria.
- Federal level: Certain convictions and public-safety or national-security concerns disqualify a requestor from threshold eligibility, and every decision remains discretionary and case-specific.
- Federal level: DACA is deferred action, not lawful immigration status, permanent residence, or citizenship; related employment authorization requires its own approved application and economic-necessity showing.
The phrase “DACA requirements” can mean two different things: the federal threshold criteria and the current ability of USCIS to approve a request. Both matter because litigation has left renewal processing available while initial grants remain blocked.
DACA is Deferred Action for Childhood Arrivals, a case-by-case exercise of enforcement discretion. It does not create lawful immigration status or a path to a green card or citizenship.
Current court orders limit who can receive DACA
As of August 9, 2026, USCIS states that it continues to accept and process renewal requests under the partial stay of the Texas injunction. Existing DACA and related employment authorization remain effective until their stated expiration unless separately terminated.
USCIS may accept initial DACA requests but cannot grant initial DACA or related employment authorization while the operative injunction remains in effect. Meeting the historical criteria therefore does not currently mean a first-time request can be approved.
The Fifth Circuit’s January 2025 decision narrowed and remanded aspects of the remedy, including Texas-specific and work-authorization questions. Until USCIS publishes implemented changes or another operative order alters processing, applicants should follow USCIS’s current DACA alert rather than assume a proposed litigation plan is in force.
The arrival and residence dates are fixed
The threshold regulation requires arrival in the United States before the person’s 16th birthday and continuous residence from June 15, 2007 until the DACA request. It also requires physical presence in the United States on June 15, 2012 and when the request is filed.
Brief departures do not all receive identical treatment. The timing, duration, purpose, and authorization for travel matter, and unauthorized travel after August 15, 2012 creates an additional renewal issue.
Age and immigration status are measured at specific times
The person must have been under age 31 on June 15, 2012, meaning born after June 15, 1981. A person who was never in removal proceedings generally also had to be at least 15 when making an initial request, while younger requestors in qualifying proceedings could fit the regulatory exception.
The requestor must have had no lawful immigration status on June 15, 2012. The rule covers a person who never had status and a person whose lawful status or parole had expired by that date, but current status or parole can also affect renewal eligibility.
Education or military service is required
A requestor must be currently enrolled in school, have graduated or obtained a certificate of completion from high school, have obtained a recognized equivalent, or be an honorably discharged veteran of the Coast Guard or U.S. Armed Forces. USCIS instructions define acceptable programs and evidence.
A current recipient does not necessarily need to remain enrolled to renew if the person satisfied the educational guideline for the approved initial request and meets the separate renewal criteria.
Criminal history and safety screening can bar eligibility
A felony, a misdemeanor described by the DACA regulation, or three or more other misdemeanors generally prevents threshold eligibility. USCIS also evaluates whether a person poses a threat to national security or public safety.
Labels under state law do not always control the federal DACA classification. Sentences, conduct, expungements, juvenile matters, immigration offenses, and multiple convictions require review under the federal definitions, and USCIS still retains discretion even when no categorical bar applies.
Renewal has additional requirements
A renewal requestor must have continuously resided in the United States since the most recent approved DACA request, avoided unauthorized travel on or after August 15, 2012, and continued to satisfy the criminal and safety criteria. USCIS recommends filing 120 to 150 days before expiration.
If the last DACA period expired more than one year ago or was terminated, USCIS treats the filing as an initial request. Under the current injunction, that distinction can prevent approval even when the person previously held DACA.
A complete DACA application or renewal uses Form I-821D together with Form I-765, Form I-765WS, the required fee, and category-appropriate evidence. Approval is not automatic merely because a prior request was approved.
Work authorization and travel are separate benefits
A DACA grant may support employment authorization when the person demonstrates economic necessity and USCIS approves the EAD application. If DACA and the EAD expire before renewal is approved, filing alone does not continue work authorization under the ordinary DACA rule.
DACA does not itself authorize international travel. A recipient must obtain advance parole before departure and satisfy the separate humanitarian, educational, or employment criteria; the risks and evidence are addressed in the DACA advance parole process.
The useful analysis is therefore sequential: confirm that USCIS may currently approve the type of request, test every fixed-date criterion, review renewal-only facts, document the evidence, and separately address employment authorization or travel.
