FAQ on DACA Today: 25 Questions Answered — October 31, 2025

By Richard T. Herman — Herman Legal Group

1. What is DACA and who qualifies in 2025?

Answer:DACA provides temporary protection from deportation and work authorization for certain individuals who came to the U.S. as children. This is known as DACA protection, which shields recipients from removal and provides employment authorization. Current DACA recipients can renew their DACA status and employment authorization, and it is recommended to file for renewal between 120 and 150 days before expiration.

Eligibility requirements (2025):

• Arrival before age 16
• Continuous residence
• Under 31 years old at program start
• No serious criminal convictions
• Current student, high school graduate, GED, college, or military service

DACA recipients may be eligible for certain immigration benefits, such as work authorization and protection from removal, but not permanent residency or citizenship.

Fast Fact: DACA does not grant permanent residency or citizenship. It is granted for a period of 2 years and is subject to renewal for additional 2-year increments.

Expert Tip: “Keep all school, work, and lease records organized — these are critical for renewals and legal documentation,” says Richard T. Herman.

Reference:USCIS DACA Overview

2. Is DACA still active as of October 31, 2025?

Answer:Yes, renewals continue nationwide. Initial applications remain limited due to ongoing litigation, especially in Texas. USCIS continues accepting and processing DACA renewal applications until further court orders or administration actions occur. The main case challenging DACA is Texas v. United States, which is currently in the U.S. District Court for the Southern District of Texas. The DACA policy, established by DHS, has been subject to ongoing legal challenges and court rulings. The DACA program continues to operate for renewals, but its future depends on ongoing litigation and changes in immigration laws. In 2022, DHS issued a DACA final rule intended to preserve and fortify DACA, but its implementation has been affected by recent court decisions.

Key Insight: Eligibility and benefits can vary by state due to court rulings.

Quote: “Even amid litigation, DACA renewals are a lifeline for thousands. Filing early and accurately is essential,” — Richard T. Herman.

Reference:USCIS DACA Updates

3. Can I renew my DACA in 2025?

Answer:Yes. Renewal requires Forms I-821D, I-765, and I-765WS, filed 120–150 days before expiration. Renewal requests for DACA must include these specific forms along with applicable fees. DACA renewal requests should be submitted within the recommended 120–150 day window before expiration to avoid gaps in status. Each renewal request is reviewed individually and must meet all eligibility requirements. Applicants should request renewal as early as possible to ensure continuous coverage. A DACA renewal request may be denied if forms are incomplete or eligibility is not met.

Callout — Expert Tip: “Filing early prevents gaps in work authorization, which can jeopardize employment and legal status,” — Herman.

Reference:

• Form I-821D
• Form I-765
• Form I-765WS

4. Are new DACA applications being accepted?

Answer:Mostly no. Some federal proposals may reopen filings in certain states, but Texas remains restricted. Currently, USCIS is accepting but not processing new initial requests, including any initial DACA request, due to ongoing court orders. An initial request refers to a first-time DACA application, and an initial requestor must meet specific eligibility and documentation requirements. Initial DACA requests are distinct from renewal applications, and all new initial requests are on hold pending further legal developments.

Need to Know: Have your documentation ready for filing if USCIS reopens applications.

Quote: “Applicants should be prepared; policy shifts can happen quickly. Documentation is your strongest tool,” — Herman.

Reference:USCIS DACA Eligibility

5. How long does a DACA renewal take?

Answer:Processing usually takes 4–6 months, but early filing is crucial. DACA benefits, including work authorization, are granted for a valid period of two years, so timely renewal is necessary to avoid any lapse in status or work authorization.

Fast Fact: A timely-filed renewal may allow continued employment under automatic extensions.

Quote: “Timing is everything. A few weeks can make the difference between uninterrupted work and unnecessary gaps,” — Herman.

Reference:USCIS Processing Times

6. What happens if DACA ends suddenly?

Answer:No refunds are issued for initial DACA applications that remain on hold due to the court’s prohibition against processing and approving them.

• Loss of work authorization and deferred action
• Need to explore family-based petitions, TPS, parole, or asylum

If DACA protection is lost, individuals should consult with an attorney to explore other forms of immigration relief or other immigration benefits that may be available, such as asylum, special visas, or pending applications for lawful status.

Key Insight: Legal consultation is crucial for planning alternative pathways.

Quote: “We always advise clients to have a contingency plan — the law can change, but preparation can save your status,” — Herman.

Reference:NILC DACA Updates

7. Can DACA recipients travel outside the U.S.?

Answer:Yes, via Advance Parole for education, employment, or humanitarian reasons. Individuals with DACA must apply for advance parole before traveling outside the U.S. if they want to return under the same DACA protections. DACA recipients should consult with an immigration attorney before making international travel plans due to ongoing litigation. Even with advance parole, there is no guarantee re-entry into the United States, and travelers should be aware of the risks involved. Individuals can seek assistance from immigration services or legal professionals to better understand the requirements and risks associated with travel on advance parole.

Important Note: Travel is risky if the program’s status changes.

Quote: “Never assume travel is safe. Always consult a qualified attorney before leaving the country,” — Herman.

Reference:USCIS Advance Parole

8. Does DACA provide a path to a green card?

Answer:Not directly. Eligible paths: DACA recipients can become legal permanent residents if they qualify under an existing immigration pathway, although DACA itself does not provide that status. DACA does not confer lawful immigration status, but it may allow recipients to pursue other immigration pathways if they are otherwise eligible.

• Marriage to a U.S. citizen
• Adjustment of status via lawful entry or parole
• Parole-based humanitarian programs

Expert Tip: “Every green card path for a DACA recipient is unique — personalized legal guidance is essential, whether you’re exploring the green card process or another path,” — Herman.

Reference:USCIS Adjustment of Status

9. Can DACA recipients vote?

Answer: No, voting is limited to U.S. citizens.

Fast Fact: Participating in elections as a non-citizen can jeopardize DACA status.

10. Common reasons for DACA renewal denial

• Incomplete forms
• Failure to submit evidence of eligibility or continuous residence
• Missing past DACA approvals
• Failure to disclose criminal history
• Late filing
• Incorrect fees

Expert Tip: “Even minor errors can result in denial. Double-check every document before submission,” — Herman.

Reference:USCIS DACA Denials

11. Status of the Texas DACA lawsuit

Answer:

• Texas federal court rulings impact first-time applications. Texas residents are particularly affected by these legal decisions, which may limit their access to DACA protections and benefits.
• Renewals remain mostly unaffected nationally.

Need to Know: Court rulings can vary by county or state agency interpretation.

Quote: “Texas litigation continues to complicate access to DACA. Knowing your state’s status is critical,” — Herman.

Reference:AP News — Texas DACA Litigation

12. Can DACA recipients in Texas apply for work authorization?

• Limited in Texas for first-time applicants.
• Renewals nationally are mostly unaffected.
• Current DACA recipients in Texas may continue to receive employment authorization documents (EADs) if they renew on time.

Fast Fact: Nationally, work authorization remains available for renewals.

13. Records needed for DACA renewals

• Past approval notices
• ID or passport
• Biographic and biometric information as required by USCIS for background checks.
• School/employment records
• Lease agreements or utility bills

Expert Tip: “Maintain organized, certified copies of all documents. It’s the difference between smooth renewals and delays,” — Herman.

14. Can a DACA recipient be deported?

Answer: Yes, deferred action is temporary and does not prevent deportation for certain criminal offenses. USCIS will not use information from DACA requests for immigration enforcement unless related to a criminal offense or fraud. DACA generally protects recipients from deportation proceedings and removal proceedings, but exceptions exist for cases involving public safety concerns or national security. Immigration enforcement proceedings may be initiated if there is evidence of criminal activity, fraud, or threats to public safety. DHS and USCIS exercise prosecutorial discretion in deciding whether to initiate immigration enforcement proceedings or removal actions against DACA recipients. Information provided in DACA requests is generally protected from being used to initiate or for initiating immigration enforcement proceedings, except in cases involving public safety concerns.

Quote: “DACA is protection, not a guarantee. Avoid legal pitfalls to maintain your status,” — Herman.

15. Can I work if my DACA expires before renewal is approved?

• Filing timely may allow continued employment under automatic extensions.
• If DACA expired within the past year, recipients may still be eligible to renew, but should act quickly to avoid gaps in status.
• Confirm current USCIS guidance.

Need to Know: Late filings can interrupt employment authorization.

16. Driver’s licenses in Ohio

• DACA recipients can obtain a license.
• Check Ohio BMV for documentation.

Reference: Ohio BMV — DACA

17. Fee waivers

• Form I-912 may apply for financial hardship.
• For DACA applications, there are very limited fee exemptions available, and applicants must meet strict criteria.
• Limited fee exemptions require prior approval and supporting documentation before submitting the application.
• Include with renewal forms.

Reference:USCIS Fee Waiver

18. Military service

Eligible if work authorized. Demonstrating economic necessity may be required for certain employment authorization benefits under DACA.

Military service may support adjustment of status.

“Military service is honorable and can open doors to legal status — but counsel is needed to navigate USCIS rules,” — Herman.

19. Moving states while pending

• Update address with USCIS
• Keep USCIS informed of your current status to ensure timely notifications and benefits.
• Benefits and rules may vary by state

Reference:USCIS Address Change

20. Can DACA recipients sponsor relatives?

No, only lawful permanent residents or citizens can sponsor. Information about family members provided in DACA applications is generally protected and not used for immigration enforcement purposes.

21. Health insurance access

• Limited access to state programs
• Eligibility for health insurance may depend on your immigration status and state-specific rules.
• Most federal insurance requires LPR or citizenship

22. College financial aid

• In-state tuition often available
  Many undocumented youth, including DACA recipients, may qualify for in-state tuition or state-specific aid depending on local policies.
• State-specific financial aid may apply

Reference:Understanding the Impact of F1 Visa Trump Policies on StudentsUS DOE — DACA Students

23. Minor criminal offenses

• Full disclosure required
• USCIS reviews applications carefully to detect fraudulent claims and prevent fraudulent claims during the DACA process.
• Concealment risks denial or future inadmissibility

Quote: “Transparency is crucial. USCIS takes misrepresentation seriously,” — Herman. To see how transparency impacted a real case, read about a successful USCIS interview for a Canadian-American couple.

24. Responding to Requests for Evidence (RFE)

Key Insight: “RFEs are common. Timely, complete responses often prevent denials,” — Herman.

Respond fully and on time. Providing all requested evidence is essential when you request consideration for DACA or deferred action.

Include all requested evidence.

25. Choosing a DACA attorney

Top firms:

1. Herman Legal Group — Cleveland, OH
2. Brown Immigration — Cleveland/Columbus
3. Shihab Immigration — Columbus
4. BGJ Attorneys — Cleveland
5. RBD Immigration — National

Nonprofit organizations and immigration services can also provide valuable legal assistance and support for DACA applicants.

Need to Know: Choose attorneys with state knowledge, litigation experience, and proven results.

Key Takeaways

• DACA renewals are active; new applications are limited.
• Texas litigation impacts eligibility and benefits. As of January 17, 2025, the Fifth Circuit Court of Appeals ruled that the Biden Administration’s 2022 DACA regulation was unlawful but continued to allow renewals for current DACA recipients to proceed. For the latest DACA litigation information, consult official resources and legal updates.
• A DACA grant provides temporary protection from removal and work authorization, but does not confer permanent status or lawful permanent residence.
• Individuals who have been granted DACA are considered lawfully present for certain purposes, such as work authorization and eligibility for some benefits, but are not permanent residents.
• The Deferred Action for Childhood Arrivals (DACA) program is a form of action for childhood arrivals, offering deferred action and related benefits.
• DACA guidance and DACA regulations continue to evolve due to ongoing litigation and court decisions; always review the latest updates.
• Advance Parole exists but carries risks.
• Law enforcement agencies, such as ICE and CBP, may only use information from DACA applications for national security purposes or immigration enforcement purposes in limited circumstances, such as cases involving criminal activity or threats to public safety.
• Individuals with a final removal order or voluntary departure order should seek legal advice regarding their eligibility for DACA or other forms of relief.
• State-specific benefits vary; consult local guidance.
• Always maintain organized documentation and consult experienced counsel.
• Congressional proposals related to DACA include the Dream Act of 2025 and measures to protect DACA recipients’ information, but no permanent solution has been enacted.