Navigating the New Normal: DACA Renewal Delays and the Advance Parole Landscape

For nearly fourteen years, the Deferred Action for Childhood Arrivals (DACA) program has provided temporary relief from deportation and work authorization for hundreds of thousands of Dreamers who grew up in the United States. In 2026, however, DACA recipients are facing unprecedented challenges. Processing delays for renewal applications have surged, advance parole has become more complicated and expensive, and the legal landscape surrounding the program continues to shift.  

DACA Renewal Processing Times Have Skyrocketed 

The most immediate concern for DACA recipients in 2026 is the dramatic increase in renewal processing times. Where approvals once came in as little as a few weeks, the picture has changed considerably. According to USCIS, the median wait time for renewals between October 2025 and the end of February 2026 was approximately 70 days, compared to roughly 15 days during fiscal year 2025. By the end of April 2026, USCIS was reporting that the majority of renewal requests were being completed within about 122 days, a figure that had increased by two weeks from earlier that same month. 

Advocacy organizations and practitioners report that many individual cases are languishing far longer, sometimes even longer than five months. The Chicago Sun-Times recently reported that DACA recipients who previously found the renewal process painless are now seeing months-long delays that have caused them to lose their protection entirely.  

What Is Driving the Delays? 

Several factors appear to be contributing to the backlog. USCIS has implemented stricter review and vetting procedures, including re-submitting all fingerprint-based screenings for enhanced FBI background checks. Staffing shortages at the agency and increased application volumes have compounded the problem. 

Perhaps most significantly, USCIS has placed processing holds on renewal applications from nationals of countries listed in Presidential Proclamations 10949 and 10998 (the expanded travel ban). Presidential Proclamation 10949, issued in June 2025, restricted entry for nationals of certain countries, and Presidential Proclamation 10998, issued in December 2025, expanded those restrictions to cover nationals of 39 countries in total. Following these proclamations, USCIS issued internal memoranda in December 2025 and January 2026 directing personnel to place holds on all pending benefit applications from nationals of listed countries. According to the National Immigration Law Center (NILC), early estimates suggest that between 3,000 and 4,000 DACA recipients could be affected by these country-of-origin holds, though the exact number remains unconfirmed. 

The Consequences Are Severe 

The cost of these delays is significant. When a DACA renewal is not processed before the recipient’s current period of deferred action expires, the consequences cascade quickly. Employment authorization lapses, which means the recipient can no longer legally work. In many states, a lapsed DACA also means losing a driver’s license. Time spent in the United States after DACA expires, but before a renewal is processed, may be counted as “unlawful presence,” potentially jeopardizing access to future immigration pathways. 

Most alarmingly, DACA recipients whose status has lapsed face heightened risk of detention and deportation. According to DHS, as many as 270 DACA recipients were detained and 174 were deported in the first nine months of 2025, although the underlying facts of these cases are unknown. An April 2026 decision by the Board of Immigration Appeals made the situation more precarious, holding that DACA status alone does not protect a recipient from removal proceedings. Members of Congress have sent multiple letters to USCIS and DHS leadership demanding explanations and solutions, but reported wait times continue to increase. 

Advance Parole: Still Available, But More Complex and Costly 

Advance parole, the travel document that allows DACA recipients to leave and re-enter the United States for humanitarian, educational, or employment purposes, remains technically available. However, the landscape has become considerably more complicated. 

Processing times for advance parole applications have increased substantially. According to USCIS, approximately 80% of advance parole cases were being completed within 14.5 months as of late 2025. Other sources report that processing times in 2026 range from 6 to 17 months depending on the applicant category and service center. 

The costs of traveling on advance parole have also risen. The filing fee for Form I-131 is currently $630 for paper applications and $580 for online filings. In addition, DACA recipients now face a new roughly $1,000 surcharge (which can be adjusted due to inflation) collected by Customs and Border Protection (CBP) upon re-entry to the United States, unless an exemption applies. Adjustment of status applicants are generally exempt from this surcharge, but most DACA recipients are not. 

Beyond the financial burden, the risks associated with travel on advance parole have intensified. Having an approved advance parole document does not guarantee re-entry. CBP officers retain discretionary authority to deny admission even when the document is valid. Practitioners advise DACA recipients to prepare for secondary inspection upon return and to work closely with legal counsel before making any travel plans. The current enforcement climate, including the Laken Riley Act’s implications for individuals with certain arrests or convictions, adds another layer of complexity for travelers. 

The Ongoing Legal Uncertainty 

The broader legal context adds urgency to all of these issues. DACA itself remains subject to ongoing litigation. In January 2025, the Fifth Circuit Court of Appeals found major parts of the Biden administration’s DACA rule to be unlawful, though it limited the immediate impact of its ruling. Under current court orders, USCIS is not approving initial DACA applications, only renewals for individuals who already hold or recently held DACA are being processed. A federal judge in Texas is expected to issue a court order that could further restrict DACA, potentially invalidating work permits for recipients in that state and setting the stage for broader challenges to the program. 

Practical Guidance for Practitioners and Recipients 

In this environment, proactive planning is essential. Here are several considerations for practitioners advising DACA clients: 

• File renewals early. USCIS recommends filing between 150 and 120 days before expiration.  USCIS will accept requests received earlier than 150 days before the current DACA expires; however, this could result in an overlap of your current DACA and renewal.   Given current processing times, filing at the earliest opportunity, 6 months or earlier, is advisable. Late filers may find their options for follow-up significantly limited.   

• Submit complete applications. Incomplete filings that trigger Requests for Evidence will only compound delays. Ensure all required forms, fees, and supporting documentation are included at the outset.  

• Monitor case status regularly. Check your USCIS online accounts and sign up for case status updates. If processing times exceed posted estimates, consider submitting a case inquiry.  USCIS will accept inquiries on DACA renewal requests if the request has been pending for over 105 days.  An inquiry can be submitted at the following link: https://egov.uscis.gov/e-request.  

• Stay current on legal developments. The legal landscape around DACA is shifting rapidly. Court decisions, executive actions, and administrative policy changes can alter the program’s terms with little notice.  

Looking Ahead 

The current delays represent more than an administrative inconvenience, they are destabilizing the lives of hundreds of thousands of people who have lived, worked, and contributed to their communities for years or decades. Until Congress acts to provide a permanent solution for Dreamers, DACA recipients and their advocates must navigate an increasingly difficult and uncertain landscape. The best defense remains preparation, vigilance, and knowledgeable legal counsel.