As of 2025, the Deferred Action for Childhood Arrivals (DACA) program remains in a state of legal uncertainty. While renewals for current recipients are still being accepted and processed, new applications are not being approved due to ongoing court rulings. Consult with a Tampa DACA lawyer to learn more about the current status of DACA and how it affects you.
What Is DACA?
Deferred Action for Childhood Arrivals (DACA) is a U.S. immigration policy established by executive action in 2012. It provides temporary protection from deportation to certain undocumented individuals who were brought to the United States as children. Often referred to as “Dreamers,” these individuals must meet specific criteria to qualify, including arriving in the U.S. before their 16th birthday, continuously residing in the country since June 15, 2007, and being younger than 31 as of June 15, 2012.
DACA does not provide permanent legal status or a pathway to citizenship. However, it allows approved applicants to receive a renewable two-year period of deferred action, meaning they are not a priority for removal from the U.S. During this time, recipients may also apply for work authorization, obtain a Social Security number, and in some states, receive a driver’s license.
Applicants must meet additional requirements, such as being enrolled in school, having graduated, or having served in the military, and must not have a serious criminal record.
While DACA offers temporary relief, its future has been uncertain due to ongoing legal and political challenges. Individuals who qualify are encouraged to consult with an immigration attorney to understand their rights and stay updated on policy changes.
Recent Developments Affecting DACA
As of May 2025, the Deferred Action for Childhood Arrivals (DACA) program remains operational but faces significant legal challenges that affect its future. There is currently uncertainty about the program's long-term future.
On January 17, 2025, the U.S. Court of Appeals for the Fifth Circuit ruled that certain aspects of DACA are unlawful, citing inconsistencies with the federal Immigration and Nationality Act. Despite this ruling, the court allowed current DACA recipients to continue renewing their status, maintaining a partial stay that preserves protections for those who received DACA before July 16, 2021.
Consequently, U.S. Citizenship and Immigration Services (USCIS) continues to accept and process DACA renewal applications and associated work authorization requests. However, while USCIS accepts initial DACA applications, it is not processing them at this time due to ongoing legal constraints. The Fifth Circuit decision constrains USCIS from accepting anything other than renewals.
The program's future remains uncertain, with the potential for further legal developments. Individuals affected by DACA are advised to consult with immigration attorneys or accredited representatives to stay informed about their rights and any changes to the program.
What to Do If Your DACA Status Is Ending Soon
If your Deferred Action for Childhood Arrivals (DACA) status is nearing expiration, acting promptly to maintain your protections and work authorization is crucial. You will need to take the following steps:
- Renew Early: U.S. Citizenship and Immigration Services (USCIS) recommends submitting your renewal application between 120 and 150 days (4 to 5 months) before your current DACA expires. This timeframe helps ensure your renewal is processed before your current status lapses, reducing the risk of a gap in protection.
- Prepare Your Application: Gather necessary documents, including Forms I-821D, I-765, and I-765WS. Ensure all information is accurate and consistent with previous applications to avoid delays.
- Submit Your Renewal: You can file your renewal application online through your USCIS account or by mail, following the instructions provided by USCIS.
- Monitor Your Case: After submission, regularly check the status of your application using the USCIS "My Case Status" tool.
- Seek Legal Assistance: If you encounter issues or have questions about your renewal, consult an immigration attorney or accredited representative. They can provide guidance tailored to your situation.
The DACA program is facing an uncertain future. It barely survived a challenge at the Supreme Court in 2017. In the wake of the Fifth Circuit decision, there is a chance that the fate of DACA can end up in the hands of the Supreme Court yet again. This Court has stuck to the Major Decisions doctrine, which it has used to strike down some Executive Orders. What may happen in front of the current court if it chooses to hear a case is up in the air, although there is certainly a chance the Court can end DACA entirely.
What You Can Do in the Meantime While the Fate of DACA Is Being Decided
While the fate of DACA remains uncertain due to ongoing legal challenges, there are several important steps recipients and potential applicants can take to protect themselves and prepare for the future.
- Current DACA recipients should continue to file timely renewals. U.S. Citizenship and Immigration Services (USCIS) recommends submitting renewal applications 120 to 150 days before the current status expires. This helps avoid gaps in work authorization and protection from deportation.
- Consult with an experienced immigration attorney. Legal professionals can explore other potential immigration relief options, such as family-based petitions, asylum, or other visas that may apply to your circumstances. They can also ensure your paperwork is accurate and filed correctly.
- Follow updates from reliable sources like USCIS, the National Immigration Law Center, and trusted immigrant rights organizations. Understanding the shifting legal environment will help you make timely and informed decisions.
- Consider documenting your presence and good moral character. Collect records like school transcripts, employment history, tax returns, and community involvement, which can support future legal applications.
- Make sure to follow the rules of the program, such as not traveling outside of the United States without receiving advance parole from USCIS.
Finally, you should prepare for contingencies. This includes updating financial and legal documents, maintaining health insurance, and ensuring your family is informed of your plans.
Consult a DACA Lawyer Now
Taking proactive steps now can provide peace of mind and greater stability, no matter how the courts rule on DACA. Discuss your situation and options with an immigration attorney today.