Someone who has held DACA already knows the stakes. You approach the renewal window, full of hope but also anxiety. What if recent court rulings change everything?
DACA has long provided protection from deportation and the ability to work legally for people who arrived in the U.S. as children. But the legal system in 2025 has shifted.
In this article, we’ll walk you through DACA eligibility in 2025, the renewal process, and the timeline. Then, we’ll check out recent court decisions that could reshape your status and work permit. Finally, we’ll move into a step-by-step renewal guide.
2025 Eligibility for DACA
To maintain or renew DACA, you still must satisfy a set of core criteria that have remained largely intact. Here are the main requirements you need to meet in 2025 at the time you apply:
- Arrival in the U.S. before age 16
- Continuous residence in the U.S. since a specified “cutoff” date (i.e., you cannot have long, disruptive absences)
- Physical presence in the U.S. on the date you file
- Age limits: you must have been under 31 as of June 15, 2012
- Education or military requirement: you must either be currently in school, have graduated, or obtained a GED, or be an honorably discharged veteran from the U.S. Armed Forces
- No serious criminal record: no felony convictions, no significant misdemeanors, and no threat to national security or public safety
Note: if your DACA expires and you let it lapse for over one year, USCIS may treat your request as an initial application (not a renewal), and that status is more vulnerable under current court rulings.
DACA Renewal 2025: Process & Timeline
USCIS strongly recommends submitting your renewal 120 to 150 days (about 4 to 5 months) before your current DACA and employment authorization expires. Filing early helps avoid gaps in your protections.
Steps in the Renewal Process
- Prepare Forms
a) Form I-821D: Consideration of Deferred Action for Childhood Arrivals
b) Form I-765: Application for Employment Authorization
c) Form I-765WS: Worksheet for I-765 (you may need to print and upload this)
- Supporting Documents
Include evidence of identity, proof of arrival, continuous residence (school records, rent receipts, employment records), and criminal history documents (if applicable). Ensure everything is consistent and up to date. - Filing (Mail or Online)
USCIS now allows renewals to be filed online through a USCIS account. After completing and signing your forms, pay the applicable fees (I-821D + I-765). Once payment is made, upload or mail your forms with supporting documents. - Biometrics Appointment (if required)
USCIS may schedule you for biometrics (fingerprints, photo). If so, you must attend, or risk denial. Some renewals may have biometric waivers at USCIS’s discretion. - Adjudication & Decision
USCIS reviews your submission, may issue Requests for Evidence (RFEs) if something is missing, and then makes a final decision.
Processing Times in 2025
USCIS historically targets adjudication of DACA renewals within 120 days.
In recent years, actual turnaround has been faster in many cases: for example, in FY 2023, the median time for DACA renewals and associated employment authorization documents was around 1 month; in the first quarter of FY 2024, it was under two months.
However, renewals in 2025 are taking up to 2.5 to 3 months, especially in backlogged offices. Delays can come from RFEs, increased scrutiny, staffing constraints, or court-mandated pauses. So, aiming for early filing within the 120–150-day window is more critical than ever.
Court Updates & Legal Risks in 2025
On January 17, 2025, the U.S. Court of Appeals for the Fifth Circuit issued a major decision in the State of Texas, again challenging the legality of the DACA program. The court reaffirmed an earlier finding that the 2012 DACA policy exceeded the executive branch’s authority.
Here are the key takeaways from this ruling:
- Renewals Continue – Current DACA recipients may keep applying for two-year renewals of both protection from deportation and work authorization.
- Initial Applications Blocked – USCIS remains prohibited from granting new DACA applications. First-time applicants can file, but the agency cannot approve them.
- Work Authorization at Risk – While employment authorization documents (EADs) remain valid for now, the court signaled that a final decision could limit or even terminate this benefit if higher courts uphold the ruling.
- State-Level Impact – Texas and several allied states continue to push for narrower interpretations. If the case returns to the Supreme Court, outcomes could differ by state depending on how injunctions are enforced.
How to Renew DACA in 2025 (Step by Step)
While the eligibility rules haven’t changed, careful preparation matters more than ever. Here’s a concise checklist:
- Start Early – Mark your calendar 150 days before your expiration date and aim to file between 120–150 days before your current DACA ends.
- Complete Forms I-821D, I-765, and I-765WS.
- Gather Evidence – Valid ID, proof of continuous residence, recent pay stubs or school records, and any legal documents confirming no disqualifying criminal activity.
- Pay Fees – As of September 2025, the combined filing fee remains $495 (check USCIS for updates).
- Submit Online or by Mail – Create a USCIS online account for faster processing or send a paper application to the correct lockbox.
- Attend Biometrics – If USCIS requests fingerprints, appear at the scheduled location.
- Track Your Case – Use your USCIS account or receipt number to monitor progress and respond quickly to any Requests for Evidence.
Staying Prepared in Uncertain Times
For now, DACA renewal in 2025 remains available, and USCIS continues to process both deferred action and work permits for current recipients. But the Fifth Circuit decision makes clear that the program’s future rests on ongoing litigation.
Renew on time, keep every document current, and watch for updates from USCIS, immigrant advocacy groups, and reputable legal sources. Early filing offers the best chance to secure another two years of protection if courts issue sudden changes.
If you have specific questions about your situation, platforms like ImmigrationQuestion.com can connect you with experienced immigration attorneys who track these developments daily.
Frequently Asked Questions
1. Can I apply for DACA for the first time in 2025?
USCIS can accept but cannot approve initial DACA applications due to federal court orders.
2. Will DACA work permits still be valid if the court rules the program unlawful?
Most likely. Existing employment authorization documents (EADs) remain valid until their printed expiration date unless a court issues a direct injunction cancelling them.
3. How long does DACA renewal processing take in 2025?
USCIS aims to process renewals within 120 days, though many are approved within two to three months.
4. If my DACA expires, can I still renew after it lapses?
Yes, but if your status lapses for more than one year, USCIS may treat your request as a new application, which cannot be approved under current court orders.
5. Does moving out of Texas protect me from court decisions affecting DACA?
No. Federal court rulings apply nationwide regardless of where you live.
6. What should I do if my renewal is denied under current court rulings?
Seek immediate legal counsel. You may have options for motions to reopen, appeals, or other forms of relief depending on the reason for denial.
