For many Dreamers, the question “Can I apply for DACA?” brings both hope and uncertainty. Since its creation in 2012, the Deferred Action for Childhood Arrivals (DACA) program (often referred to as the action for childhood arrivals initiative) has protected hundreds of thousands of young immigrants who came to the U.S. as children. These DACA recipients have built families, established careers, and made significant contributions to their communities in America.
However, as 2025 progresses, policy debates, court decisions, and ongoing litigation have left many wondering what’s next for the DACA program and whether they remain eligible for DACA under the current policy.
At Rivas & Associates, we guide immigrants nationwide through this uncertainty with compassion and clarity. In this blog, you’ll learn what deferred action really means in 2025, what the eligibility criteria are, how DACA renewals work, and how a trusted immigration attorney can help you file or process DACA renewal requests successfully.
What Is DACA and Why Does It Still Matter in 2025
The Deferred Action for Childhood Arrivals initiative began in 2012 through prosecutorial discretion exercised by the Department of Homeland Security. Its goal was simple yet powerful: to allow qualified undocumented immigrants to request protection from deportation and gain employment authorization while pursuing education or employment opportunities.
Since then, more than 800,000 DACA recipients have gained DACA protections, many holding valid employment authorization documents that allow them to work legally in the United States. Despite repeated challenges in district court, federal judge rulings, and even the Supreme Court, the program remains active for renewals.
The DACA program continues to represent hope for Dreamers who contribute daily to American communities while awaiting lawful permanent residence or lawful immigration status.
The 2025 Update: Where DACA Stands Now
As of November 2025, the U.S. Citizenship and Immigration Services (USCIS) continues to process DACA renewals and issue employment authorization documents to eligible applicants. However, ongoing litigation and a district court injunction currently prevent the approval of initial DACA requests.
The Biden administration and Homeland Security defended the program’s legality, emphasizing that deferred action for childhood immigrants strengthens families and local economies. The Supreme Court previously ruled in 2020 that attempts to end DACA without proper procedure violated federal law, thereby continuing protection for existing DACA recipients.
Even though USCIS isn’t approving new DACA requests today, having your records, identification, and education documents ready will put you in a strong position once the rules change. A “DACA lawyer near me” can help you get everything organized.
Can I Apply for DACA? Understanding the Eligibility Requirements
To be eligible for DACA, you must satisfy each eligibility criterion established by Homeland Security and USCIS. Missing one requirement could lead to denial.
1. Age & Arrival
- You must have been under 31 years old as of June 15, 2012
- You must have arrived in the U.S. before your 16th birthday
These rules mean that most DACA recipients today entered the U.S. as children or teens and have lived here for many years.
2. Continuous Residence
You must have lived in the U.S. continuously since June 15, 2007. This shows your long-term commitment to building your life in America. USCIS often requests school, medical, or financial records to verify your residence.
3. Physical Presence
You must have been physically present in the U.S. on June 15, 2012, and at the time of submitting your initial application or renewal request. Even short trips abroad can complicate your DACA status, so always discuss travel history with your immigration attorney.
4. Education or Military Service
You must currently:
- Be enrolled in school,
- Have a high school diploma or GED, or
- Be an honorably discharged veteran of the U.S. Coast Guard or Armed Forces.
5. Criminal Record
You must not have been convicted of:
- A felony
- A significant misdemeanor (like DUI, domestic violence, or obstruction of justice)
- Three or more other misdemeanors
You must also not pose a national security or public-safety threat. If you have prior offenses, consult an immigration lawyer experienced in deferred action defense.
Common Mistakes Dreamers Make When Applying for DACA
Even qualified applicants can face problems if they misunderstand the DACA policy or overlook minor details. Here are frequent issues we see when helping DACA recipients:
- Missing Evidence or Documents – Failing to attach the required supporting documentation or proof of continuous residence.
- Inaccurate Dates – Not aligning timelines with the DACA program record requirements.
- Untranslated Records – Sending non-English documents without certified translation to immigration services.
- Late Renewals – Submitting DACA renewal requests too close to expiration, risking lapses in employment authorization.
- DIY Submissions – Filing without a qualified immigration attorney, missing crucial deferred action steps.
Tip: Don’t wait until your DACA is about to expire. Begin renewal paperwork 120 to 150 days before your expiration date to avoid losing your work authorization.
What Happens If You Don’t Renew DACA on Time
If your DACA status expires and you haven’t renewed, you lose protection from deportation, and your work permit becomes invalid. This can lead to job loss, driver’s license suspension, or even immigration enforcement issues.
While USCIS allows DACA renewals within one year of expiration, if it’s been longer, you may need to file a new initial request once applications reopen. A “DACA lawyer near me” can help you plan the best strategy.
Advance Parole and International Travel
Advance parole allows DACA recipients to travel outside the U.S. for humanitarian, educational, or employment reasons. You must file an initial application or renewal request, including proof of your travel purpose, and pay the filing fee.
When approved, advance parole allows you to return legally, protecting your lawful immigration status and sometimes facilitating your pursuit of lawful permanent residence later. Always consult with your immigration attorney before leaving the country to discuss your travel plans.
If granted advance parole, you’ll receive an appointment notice showing where to appear for biometrics and how to confirm at your local application support center.
The Future of DACA: What Dreamers Should Know
Since the end of the Biden administration and the start of President Trump’s second administration, the courts — not Congress — have driven most of the changes. In January 2025 the U.S. Court of Appeals for the Fifth Circuit held that the Biden-era “DACA Final Rule” was unlawful, narrowed parts of the lower-court injunction so it largely applies to Texas, and left renewals generally available for existing recipients outside Texas while litigation continues.
Federal agencies (DHS/USCIS) have continued to accept and process renewals but have not resumed regular approval of initial DACA requests nationwide; the Trump administration has signaled skepticism of DACA and has legal teams actively litigating immigration programs. The combination of adverse appellate rulings, litigation focused in Texas, and a federal administration that may not defend expansions of DACA means the program’s future remains uncertain and timelines are short for some applicants.
Despite repeated attempts to end DACA, the fight for Dreamers remains strong. In 2025, supporters continue to defend the DACA program in district court while promoting legislation such as the DREAM Act to provide permanent protection.
The good news? Courts have allowed current DACA recipients to renew their protections and maintain their status. The administration has also expanded opportunities for advance parole, which allows Dreamers to travel abroad for humanitarian, work, or educational reasons and return to the United States legally.
While Congress has not yet passed a permanent Dream Act, the government continues to emphasize the protection of Dreamers and provide a path toward lawful status.
Key Facts to Know About DACA in 2025 and Beyond:
- Fifth Circuit ruling (Jan 17, 2025): The court found the Biden administration’s 2022 DACA regulation unlawful in important respects; it partially upheld a district court ruling but limited a nationwide injunction to Texas, which creates different legal effects for people who live in Texas vs. other states.
- Renewals vs. initial applications: As of the latest agency guidance, current DACA recipients can still file renewals (USCIS guidance and legal groups continue to encourage timely renewals). Processing and approval of first-time DACA applications has been effectively frozen for long periods by injunctions and litigation — and agency action under a new administration could further restrict initial filings.
- State-specific risk (Texas): The Fifth Circuit narrowed injunctive relief to Texas in a way that could mean residents of Texas face additional limits (for example, work-authorization or other official benefits tied to DACA could be limited there while the litigation proceeds). If you live or routinely travel to Texas, the legal situation may be different for you than for someone in another state.
- Administration posture: The second Trump administration has signaled a tougher immigration stance; federal litigation strategy and agency decisions (USCIS/DHS) will heavily affect whether initial applications are processed or renewals continue unchanged. Congress remains the only permanent fix (statutory protection), but has not passed a DACA-protecting law.
What the Current Status and Recent Changes Mean for People Considering DACA
Our immigration attorneys can guide you and answer your questions nationwide if you are considering DACA. We can help you throughout the applicable processes, according to your specific situation. Consider the following:
- If you already have DACA: Renew on time. Agencies and advocacy groups still recommend filing renewals 120–150 days before expiration. Renewals preserve work authorization and protection for the near term while litigation continues. Document everything you submit and keep copies.
- If you are a first-time eligible (never had DACA): Be cautious and get legal advice. Courts and agencies have blocked or delayed approvals for new initial applications for years; filing now may or may not lead to approval depending on court orders and agency policy. An experienced immigration attorney can evaluate whether there are other immigration options appropriate to your situation.
- If you live in Texas or travel/receive services there: Expect different and potentially more restrictive outcomes (e.g., limits on work authorization or driver’s-license eligibility tied to DACA). Ask your attorney about state-specific implications.
- Gather and keep clean documentation now: Proof of arrival/continuous presence, school records, photos, medical records, affidavits — these are essential whether you file DACA or pursue other relief. Courts and agencies will want clear, consistent evidence.
- Consider backup options: Talk with counsel about family-based petitions, U visas, or other immigration pathways that may provide longer-term protection if DACA becomes unavailable. Don’t rely on DACA alone as a permanent strategy.
- Stay informed and document communications: Watch USCIS/DHS updates and major court rulings. Changes can be regional and rapid; keep records of filing receipts, biometric notices, and all agency correspondence. Advocacy groups (e.g., NILC, AILA, United We Dream) post timely practice alerts.
You may ask the following questions of your immigration attorney:
- Am I currently eligible to renew, and when should I file to avoid gaps?
- Are there state-specific risks (Texas or other states) that affect my work authorization or benefits?
- Do I have other, stronger immigration options (family petitions, humanitarian visas, adjustment)?
- If I have pending initial DACA materials or an older filing, what should we do with them now?
If DACA matters for you or your family, act proactively. Renew on time if you have DACA. Consult an immigration attorney about first-time filing and alternative pathways, and keep careful records. Our team of immigration lawyers at Rivas & Associates is here to help you throughout the United States.
Why Having a DACA Lawyer Matters
Completing DACA applications and DACA renewal requests requires careful attention to detailed forms, deadlines, and fees. A single mistake (or even a missing filing fee) can delay or deny your deferred action for childhood benefits.
An experienced immigration attorney can:
- Prepare your request consideration package.
- Submit all required supporting documentation to the correct mailing address and application support center.
- Make sure your appointment notice from the USCIS Contact Center is received and attended to on time.
- Explain the process for fee exemptions if you qualify.
- Track your renewal request status to protect your employment authorization and work authorization.
At Rivas & Associates, led by Abogada Lorena® Lorena Rivas, we’ve assisted countless DACA recipients with renewals, appeals, and deferred action responses. Our team includes bilingual professionals—many of whom are immigrants or first-generation Americans themselves.
We understand your fears, your hopes, and your determination to build a better future for your family. We help you to maintain lawful status and avoid accruing unlawful presence, which could jeopardize your future lawful permanent resident status.
Frequently Asked Questions About DACA
Q: Can I apply for DACA if I’m older than 31 now?
A: You can still qualify if you were under 31 on June 15, 2012, and meet all other criteria.
Q: Can I apply for DACA if I entered the U.S. before 2007 but don’t have school records?
A: Other records like rent receipts, pay stubs, medical bills, or bank statements may help prove continuous residence.
Q: What if my DACA expired years ago?
A: If your DACA expired more than one year ago, USCIS currently treats you as a new applicant. While officials aren’t approving new applications right now, you can prepare everything in advance with your immigration lawyer.
Q: Can I travel outside the U.S. on DACA?
A: Yes, but only with Advance Parole permission. This allows travel for work, education, or humanitarian reasons. Without it, leaving the country could cancel your DACA status.
Q: Does DACA lead to permanent residence or citizenship?
A: DACA is temporary protection, not a green card. However, DACA recipients sometimes qualify for other pathways, such as marriage-based petitions, VAWA, or employment-based sponsorship.
Q: What happens if my DACA application is denied?
A: A denial doesn’t always mean the end. You can often reapply with better documentation or appeal under certain circumstances. Having a skilled DACA lawyer can significantly improve your chances of success.
How Rivas & Associates Helps Dreamers Nationwide
Dealing with immigration forms and government delays can feel impossible, but you don’t have to do it alone. At Rivas & Associates, our DACA lawyers, led by Abogada Lorena® Lorena Rivas, have handled thousands of immigration cases, including DACA renewals, family petitions, asylum applications, waivers, and more. From our offices in Tulsa, Oklahoma City, and Arkansas, we proudly serve immigrants nationwide.
We know the fear of uncertainty, the frustration of bad legal advice, and the relief that comes when your case is finally approved. When you work with us, you’ll be treated like family. Call us today at (844) 37-RIVAS(844) 37-RIVAS or complete our online form to schedule a consultation. We’ll review your eligibility, guide you through the process, and stand by your side every step of the way.
Rivas & Associates — Empowering Immigrants, Building Futures!
Copyright © 2025. Rivas & Associates. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
Rivas & Associates
2930 S Yale Ave STE A
Tulsa, OK 74114
(844) 37-RIVAS(844) 37-RIVAS
https://www.rivasassociates.com/
