DACA Delays - Protecting your Status

‍ ‍

DACA Processing Delays: What to know and how to get a decision on a delayed application

‍ ‍

For more than a decade, Deferred Action for Childhood Arrivals (DACA) has offered hundreds of thousands of young immigrants protection from deportation and the ability to work legally in the United States. Most DACA recipients have spent the majority of their lives living in the United States, and are integral parts of their communities. Some have not left since being brought to the US as an infant or young child, and only know of live within the US.

‍ Despite its overwhelming success, the Trump administrations have sought to undermine the DACA program. The United States Citizenship and Immigration Services (USCIS) does not accept new applications, and will only accept renewals for people who already have DACA status.

‍ In 2026, an already fragile program is facing a new and pressing problem: processing delays that leave recipients waiting months for a decision on their renewal. Many DACA beneficiaries are now, for the first time in over a decade, facing the risk of losing protection against removal, losing work authorization, and potentially facing immigration enforcement and family separation.

‍ If you or a family member depends on DACA, it is essential to understand why these delays are happening, what they mean for your status, and what steps you can take now.

How Long Are DACA Renewals Taking Right Now?

‍ Processing times have significantly grown compared to just last year. Historical data shows that median wait times for renewals rose from roughly two and a half weeks in fiscal year 2025 to around over three months by the end of June 2026, and many cases are now taking considerably longer than that. Some things to consider.

Why Are These Delays Happening?

‍ ‍We do not have a clear picture as to why DACA applications are pending for so long. Several factors may be driving the slowdown:

‍ ‍1. Biometrics and vetting. USCIS says they have reintroduced more rigorous background check procedures, including renewed in-person biometrics appointments for some applicants. Immigration attorneys have noted that this shift alone can meaningfully extend how long a case takes to resolve.

‍ ‍2. Staffing and resource constraints. Like many USCIS benefit categories, DACA renewals compete for limited staff time against a broader backlog of immigration applications.

‍ ‍3. Country-specific complications. Renewals for DACA recipients from certain countries subject to separate federal travel and vetting restrictions have reportedly faced additional pauses or scrutiny.

‍ ‍

What These Delays Mean for You

‍ ‍A delayed renewal isn't just an inconvenience — it can have real consequences:‍

  • Work authorization gaps. If your Employment Authorization Document (EAD) expires before a renewal is approved, you may lose the legal ability to work, which can jeopardize your job, health insurance, and income.

  • Career interruption. Many employers will not hold a job for people who lose their work authorization. DACA recipients are often young and in the middle of building a career. Every set back can have a long-lasting impact on career progression.

  • Health insurance. DACA recipients who have health insurance through an employer may lose access to their healthcare if they are unable to maintain employment.

  • Driver's license and ID issues. Many states tie license renewal to valid DACA/EAD status.

  • Travel complications. ICE is arresting people in airports who are traveling both internationally and domestically. Individuals without current DACA status are more likely to be detained and placed in removal proceedings or quickly removed if there is an old removal order. Also, advance parole (Form I-131A) approvals are also subject to current processing delays and the same legal uncertainty affecting the broader program. There is no guarantee of re-entry for anyone traveling on advanced parole and it is very likely that someone would be unable to re-enter the U.S. if they traveled and their DACA status had expired.

  • Emotional and financial stress. Prolonged uncertainty about one's legal status affects far more than paperwork.

‍ ‍

Steps You Can Take Now

While many of the underlying causes of delay are outside any individual applicant's control, there are still meaningful steps you can take to protect yourself:‍ ‍

  1. File early. USCIS recommends submitting a renewal 120–150 days before your current DACA/EAD expires. Given current wait times, filing at the earliest point in that suggested period is now more important than ever.

  2. Submit a complete, error-free application. Missing documentation or inconsistencies are among the most common — and most avoidable — causes of RFEs, which can add months to your timeline.

  3. Track your case status. If your case has exceeded the posted processing time for your service center, consider filing a case inquiry.

  4. Don’t miss your biometrics appointment. USCIS can deny your application for missing the biometrics appointment alone. Make sure you attend once it’s scheduled.

  5. Be cautious with travel. ICE is arresting people in airports who do not have a valid visa, even those who are traveling domestically. Please speak with an immigration attorney before planning any travel, whether domestic or international.

  6. Be prepared to file a lawsuit. If your expiration date is approaching and your application has been pending for several months, consider filing a mandamus lawsuit to get USCIS to act.

‍ ‍

How We Can Help

While filing early, following instructions, and being careful about travel is important, sometimes that is not enough and your application may remained pending for a long period of time. If you have a pending DACA renewal application that has been pending for longer than normal and you are approaching the expiration of your DACA status, we may be able to help. We have successfully filed legal actions in courts across the country that have led to USCIS issuing decisions before expiration status. But this process can take several weeks so it is important to reach out in advance of the expiration of your DACA status and work authorization. Schedule a consultation today to discuss whether litigation can work for you.

‍ ‍‍ ‍

This article is intended for general informational purposes only and does not constitute legal advice. Immigration law is changing rapidly. The information above reflects conditions as of publication and may not reflect the most current developments. Please consult a licensed immigration attorney to discuss your specific circumstances.

Next
Next

Podcast: Uncharted Territory - The Alien Terrorist Removal Court Hears Its First Case