DACA Renewal Delays Put Work Authorization at Risk

DACA renewal processing times have increased significantly, leaving some recipients without work authorization for months and forcing them to take unpaid leave or lose their jobs. Applicants should file their renewal applications early and monitor their cases closely to reduce the risk of a gap in employment authorization.

According to CBS News, the backlog of pending DACA renewal applications grew to more than 125,000 by June 30, 2026, more than four times the level in September 2025. During the same period, the number of active DACA recipients fell by 14% to approximately 436,350.

Apply Early to Reduce the Risk of Expiration

U.S. Citizenship and Immigration Services (USCIS) recommends filing DACA renewal applications four to five months before the current period of deferred action expires. Given the current delays, recipients should not wait until the last minute to renew.

However, filing early does not guarantee that USCIS will approve the renewal before the expiration date. Recent cases have taken six months or longer to process, creating a risk that recipients will temporarily lose their work authorization.

DACA recipients should:

• Check the expiration dates of their current DACA protection and Employment Authorization Document (EAD).

• Consider filing Form I-821D and Form I-765 with the required supporting documents earlier than USCIS's recommended renewal window.

• Keep copies of the application, filing confirmation and any notices received from USCIS.

• Monitor case status and respond promptly if USCIS requests additional information.

What Happens If Your Work Authorization Expires?

DACA recipients generally must have valid employment authorization to continue working. If their EAD expires before USCIS approves the renewal, they generally cannot continue working until their work authorization is restored.

Employers may require employees to stop working when their employment authorization expires. Even if USCIS later approves the renewal, the recipient may not automatically regain a former position.

An expired DACA grant also means the recipient no longer has the protection from removal associated with that grant during the lapse. DACA does not provide lawful immigration status, and recipients should not assume that a pending renewal protects them in the same way as an approved grant.

Why Are Renewals Taking Longer?

USCIS has attributed its approach to increased screening and security vetting. The agency has also directed adjudicators to resubmit certain pending immigration benefit applications for enhanced FBI background checks.

Although processing has increased from earlier lows, the renewal backlog remains substantial. The available data also indicates that longer processing times, rather than a sharp increase in denials, account for much of the current problem.

Because processing times can change, applicants should avoid relying on previous renewal experiences to predict when their next approval will arrive.

What Should DACA Recipients Do Now?

If your DACA protection or work permit will expire within the next several months, review your renewal timeline now. If you have already filed and your case remains pending, check your USCIS case status and keep records of your filing and communications with the agency.

If your work authorization has expired or your renewal is significantly delayed, consider consulting an immigration attorney about your circumstances and available options. Do not assume that filing a renewal automatically extends your employment authorization. DACA EADs are no longer eligible for automatic extension, even if the renewal was timely filed.

Tran Flores Law can help you understand the DACA renewal process and evaluate your immigration options. Call (512) 894-9984 to schedule a consultation.