DACA Recipients Urged to Renew DACA ASAP

As President-elect Trump’s immigration plans continue to unfold, the future of Deferred Action for Childhood Arrivals (DACA) is once again, uncertain. During Trump’s first term, his administration challenged the program that allows undocumented immigrants brought to the United States as children to reside and work in the country. During that time, the Department of Homeland Security (DHS) stopped accepting new applications for DACA while those that were already enrolled were able to continue working until their work permits expired. Although he was unsuccessful in his attempt to cancel the program, Trump’s continued intention to overhaul the nation’s current immigration policies includes revoking DACA. The case is likely to reach the Supreme Court once again in 2026, but President-elect Trump may attempt to cancel DACA even earlier via executive order. Accordingly, we recommend those who have been previously granted DACA and remain eligible to renew their DACA apply immediately to renew it. This is true even if your DACA and EAD are set to expire more than six months from now.

Current processing times for DACA renewals are 4 months and are expected to lengthen after the start of the second Trump presidency. While U.S. Citizenship & Immigration Services (USCIS) generally recommends filing DACA renewals six months in advance of the expiration, there is no rule that prohibits the filing of an extension even sooner . DACA renewals are typically granted in 2-year increments, so filing to renew DACA now can potentially preserve or prolong your eligibility for DACA protection, given the uncertainty of the program. It is better to get some extension now than no extension later.

Additionally, we also recommend applying for advance parole now, before the discretionary travel benefit is terminated. According to the USCIS , DACA recipients can seek advance parole to travel outside of the U.S. for:

• Humanitarian purposes, including to obtain medical treatment, attend funeral services for a family member, or visit an ailing relative;

• Educational purposes, such as semester abroad programs and academic research; or

• Employment purposes, including but not limited to overseas assignments, interviews, conferences or training, consular appointment for an employer-sponsored nonimmigrant visa, or meetings with clients overseas.

Traveling abroad on advance parole may later help you apply for a green card but consult with your immigration lawyer before traveling abroad. Traveling abroad on advance parole, even if approved, is not risk free, especially after Trump takes office again on January 20, 2025.

At Minsky, McCormick & Hallagan, P.C., we understand the fear and anxiety many of our clients may be facing and we are here to support you. Please reach out to an attorney at Minsky, McCormick & Hallagan, P.C. if you have any questions or concerns.

The material contained in this alert does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.

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