Deferred Action for Childhood Arrivals, or DACA, as it is more commonly known, is a program that was created during the Obama administration to protect certain young people, who came to the U.S. as children, from deportation. Since the policy was announced in June of 2012, it has been subject to various legal challenges, and that has been especially true under the Trump Administration, which has limited the program’s scope of protection.
This guide will provide an overview of where the program stands today and explain what rights and protections DACA beneficiaries currently have.
This information is not a substitute for legal advice from a qualified attorney or accredited representative. The content was last updated April 2026.
Is the DACA program still in place?
Yes, the DACA program is still in place. However, only people who currently have DACA and have not let it lapse can continue renewing it. Currently, first-time DACA applicants — people who have never had DACA but otherwise meet the eligibility requirements for the program — have been prevented from benefitting from the program due to a lawsuit that was brought by Texas in 2021. While USCIS is accepting first-time applications, they are not processing these.
If you are someone who has never had DACA and is considering filing for the first time, you should speak with an attorney or DOJ-accredited representative before doing so.
Also read: Guide on ActionNYC: Free legal services in New York City
Can I renew my DACA if I already have it?
You can renew your DACA if you fall into one of two scenarios:
- Your current DACA has not expired but is approaching the 150 days (5 month) mark prior to its expiration date.
- Your current DACA has expired but it has been less than a year since it expired.
Advocates are encouraging DACA recipients to renew as soon as they hit the 150 day (5 month) mark before their work authorization is set to expire due to USCIS processing delays. Many DACA recipients have lost their jobs and are facing uncertainty as a result of these delays. If you submitted your renewal request and it’s been more than 3.5 months since you have gotten a decision, you may be eligible to submit a service request.
Also Read: ‘Death By a Thousand Cuts’: Longer Renewal Times Are Making DACA Recipients Deportable
Am I safe from deportation if I have DACA?
While the DACA program was created to protect its beneficiaries from deportation, it has never been a guarantee against that possibility. DACA provides temporary protection from deportation but does not provide a pathway to a more permanent legal status. In recent months, there have been many examples of DACA beneficiaries who have been subject to removal proceedings and even some who have been deported, due to old deportation orders.
Moreover, the program’s temporary protection against deportation has been weakened by a recent Board of Immigration Appeals (BIA) decision called Matter of Santiago-Santiago. The court ruled that simply having DACA is not enough to stop someone’s removal proceedings. Immigration judges must make a holistic assessment of all relevant factors, including time spent in the U.S., community ties, any criminal-legal history, before deciding whether or not someone’s deportation proceedings should be terminated.
Therefore, while having DACA provides some protection, it does not guarantee that a person will be safe from being placed in deportation proceedings or from being deported altogether. If you have DACA and are concerned about your status, you should speak with an immigration attorney or DOJ-accredited representative to get screened for other legal options.
What rights do I have as a DACA beneficiary?
As a DACA beneficiary, you have the right:
- To work — so long as your employment authorization document has not expired
- To renew your DACA so long as you still meet the eligibility requirements of the program
- To travel on advance parole for educational, humanitarian, or employment purposes
- To apply for benefits like a driver’s license, REAL ID, in-state tuition and healthcare, depending on the state you reside in
In case of ICE arrest or interaction, you have the right:
- To remain silent if you do not wish to answer the officer’s questions
- To speak with and be represented by an attorney or DOJ-accredited representative
- To show your DACA documents when asked, if you choose to do so.
Also Read: Know Your Rights: ICE in Public Spaces, Subways and Streets
