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Jonathan

Written by Jonathan Aftalion, Esq. — Founding Attorney, Aftalion Law Group

(UCLA BA, Wisconsin JD, Witwatersrand LLM, dual CA + NY licensure, Super Lawyers Rising Stars)

Key Point:

  • DACA has not ended. USCIS continues to accept and process DACA renewal requests and their work permit applications nationwide.
  • USCIS accepts but does not process initial (first-time) DACA requests. This freeze is nationwide, under ongoing federal court injunctions.
  • An April 2026 Board of Immigration Appeals decision confirmed that DACA alone does not automatically stop removal proceedings from moving forward, though active recipients remain protected from immediate deportation. Renewal processing times have also lengthened, creating a real risk of status gaps, so renew early.

If you have been asking, “Will DACA end in 2025?” here is the direct answer heading into 2026: DACA did not end. The program remains in place for current recipients, but it stays tangled in active litigation, and the rules differ sharply depending on whether you are renewing or applying for the first time. For over a decade DACA has shielded hundreds of thousands of Dreamers from removal and given them work authorization, and that protection continues, but how it applies to you depends on your situation.

Is DACA Still Available in 2026?

Yes, for renewals. Under the current court orders, USCIS continues to accept and process DACA renewal requests and the related Form I-765 work permit applications in all 50 states. If you already have DACA, you can and should renew before it expires.

For first-time applicants, the picture is different. USCIS accepts initial DACA requests but is prohibited from processing or granting them while the injunction from the Southern District of Texas, affirmed by the Fifth Circuit, remains in effect. This applies nationwide, not to a single state.

What Is Happening With DACA Work Permits?

Work permits follow the same split. For renewals, USCIS continues to process the Employment Authorization Documents tied to a DACA renewal. For initial requests, USCIS cannot grant the work permit because it cannot process the underlying initial DACA request. Current EADs remain valid until their printed expiration date unless individually terminated.

Two practical cautions. First, renewal processing times have lengthened, so filing early matters more than ever to avoid a gap in your protection and work authorization. Second, the long-term availability of DACA work permits remains uncertain as the litigation continues, with particular uncertainty for Texas, so do not count on the current rules staying fixed. Renewing on time is the best way to protect your status now.

Does DACA Give You Legal Status?

No, and this is important to understand correctly. DACA is deferred action, an exercise of prosecutorial discretion that defers removal for a period of time and is granted in two-year cycles. It does not provide lawful immigration status, and it never has, nor is it a path to a green card or citizenship on its own. What DACA does provide is protection from removal during the deferral period and eligibility for a work permit.

One reassurance from USCIS guidance: if a DACA request is denied, USCIS will not issue a Notice to Appear or refer your case to ICE based on that denial alone, unless the case involves fraud, a threat to national security, or a public safety concern.

What Did the April 2026 BIA Ruling Change?

An April 2026 decision from the Board of Immigration Appeals clarified an important limit: DACA by itself does not automatically stop removal proceedings from moving forward. Active DACA recipients remain protected from immediate deportation, but the ruling means DACA is not a guaranteed shield inside the court process, and it reinforces that DACA is deferred action, not lawful status. If you have DACA and are in, or could be placed in, removal proceedings, this is a reason to speak with an attorney rather than assume your DACA resolves the case on its own.

Can You Travel on DACA in 2026?

Only with advance parole, and only after your DACA is approved. If you have DACA and need to travel abroad, you must first file Form I-131 and receive an advance parole document before you leave. Traveling without it, and then reentering without inspection, can cause USCIS to terminate your DACA and can leave you unable to return. If you have ever had a removal order, get legal advice before any international travel, because departing can carry serious consequences.

Can Minor Criminal Issues Put Your DACA at Risk?

They can, so this deserves care. A felony, a “significant misdemeanor,” or three or more other misdemeanors are disqualifying for DACA. A minor traffic offense is not automatically disqualifying, but driving under the influence is a disqualifying misdemeanor regardless of sentence. Because the line between a “significant” and “non-significant” misdemeanor is technical, anyone with any criminal history should review it with counsel before filing. See our criminal defense guidance if this applies to you.

What Is Aftalion Law Group Seeing in Current DACA Cases?

By Jonathan Aftalion, Esq., Founding Attorney, Aftalion Law Group (UCLA BA, Wisconsin JD, Witwatersrand LLM, licensed in California and New York, Super Lawyers Rising Stars).

The single most important thing I tell DACA clients right now is simple: renew early and do not let your grant lapse. With initial requests frozen nationwide and processing times running longer than they used to, your existing DACA is the thing to protect, and a late renewal can create a gap in both your protection and your work authorization. I also urge caution on two fronts, travel and criminal issues, because those are where we see people accidentally jeopardize a status they have held for years. And after the April 2026 BIA decision, no one in or near removal proceedings should assume DACA alone will hold the case back. If you are exploring whether any longer-term pathway fits your situation, that is worth a real case review rather than a rule of thumb, because eligibility is highly individual.

Take the Next Step

If you have been wondering whether DACA will end in 2025 or what comes next in 2026, you are not alone, and you do not have to navigate the uncertainty by yourself. Whether you need to renew, are weighing travel, or want to understand your longer-term options, Aftalion Law Group can help. Learn more on our DACA page, read about our firm, or contact us at (424) 270-6767. Hablamos español.

FAQ

No. DACA did not end in 2025 and remains in place in 2026 for current recipients. USCIS continues to process renewals and their work permits, though the program stays in active litigation and first-time applications cannot currently be granted.

Yes, and do it early. USCIS continues to accept and process renewals and their work permits nationwide, but processing times have lengthened, which can create status gaps. Renewing well before your current grant expires is the best way to avoid a lapse in protection and work authorization.

You can submit an initial request, but USCIS cannot process or grant it right now due to the nationwide injunction. Only renewals are being processed.

Only after your DACA is approved and you have received an advance parole document (Form I-131). Never travel abroad on DACA without it, and get legal advice first if you have any prior removal order.

It depends entirely on your individual situation, such as family relationships or how you entered. There is no automatic path, and eligibility is fact-specific, so speak with an attorney before relying on any general claim about a pathway.

 

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