DACA (Deferred Action for Childhood Arrivals) is a federal program that provides temporary protection from deportation and work authorization to undocumented individuals who arrived in the United States as children. For hundreds of thousands of recipients across the country, including thousands right here in New Jersey, it remains the only legal foothold they have.
This guide focuses specifically on DACA recipients in New Jersey who need clear, current information as the program faces ongoing court challenges heading into 2026.
DACA Definition: Deferred Action for Childhood Arrivals is a discretionary federal policy, not a law passed by Congress, that shields eligible undocumented individuals from removal and grants two-year renewable work permits.
The program has survived multiple court battles since 2012, but its legal footing remains genuinely fragile. As of 2025, DACA continues to face active federal litigation, and the landscape heading into 2026 carries real risk for anyone who delays action or misreads the current status of their case.
Where DACA Stands Right Now
Here’s the thing: DACA has not been terminated, but it has been significantly restricted by ongoing federal court proceedings. The program’s eligibility for renewals remains subject to active litigation, and the situation continues to evolve.
Renewals for existing recipients have continued to be processed, though that window is not guaranteed to stay open. New Jersey is home to approximately 13,000 to 16,000 DACA recipients, according to current estimates.
DACA Renewal Window: Existing recipients should file their renewal applications well in advance of their expiration date and should not wait given processing backlogs in 2025.
Want to understand exactly where your case stands before 2026 arrives? Contact us for a clear review of your current status and options.
Renewing vs. Waiting: The Real Risk Comparison
Where renewing early succeeds: Protects work authorization continuity, maintains a documented record with USCIS, and positions you ahead of potential processing delays or policy shifts.
Where renewing early fails: It does not create a path to permanent residency, and it cannot shield you if the program is struck down entirely by the courts before your renewal expires.
Where waiting fails: If your DACA expires and the program is curtailed or terminated before you renew, you lose work authorization and protection with no easy path to restore it. Processing times currently run 3 to 6 months (as of mid-2025).
Where waiting could seem reasonable: Some recipients are simultaneously pursuing other immigration options, such as family-based petitions, and may wonder whether DACA renewal is worth the filing fee.
The verdict: Renew early. Waiting creates unnecessary exposure. The renewal filing fee is far less costly than losing work authorization unexpectedly. Pursue any other immigration options in parallel, not instead of renewal.
| Action | Cost (2025) | Processing Time | Best For |
|---|---|---|---|
| DACA Renewal | $495 filing fee | 3-6 months | All eligible existing recipients |
| Family-Based Petition | $535-$675+ | Months to years | Recipients with qualifying U.S. citizen relatives |
| Employment-Based Visa | Varies widely | 1-5+ years | Recipients with employer sponsorship |
| No Action | $0 upfront | N/A | Not recommended – high risk |
Your DACA Renewal Action Plan
- Step 1 – Check Your Expiration Date: Log into your USCIS online account or review your current EAD (Employment Authorization Document) card. Mark a date well in advance of expiration as your target filing date to account for current processing times.
- Step 2 – Gather Required Documents: Pull together your current EAD card, government-issued photo ID, any new evidence of continuous residence, and two passport-style photos.
- Step 3 – Complete Form I-821D and I-765: These forms must be submitted together. Errors or missing information are the most common cause of delays and rejections.
- Step 4 – Pay the Filing Fee: Confirm the current DACA renewal fee directly with USCIS before submitting, as fees are subject to change. Contact USCIS or a qualified immigration attorney for the most up-to-date fee information.
- Step 5 – Submit and Track: File by mail to the designated USCIS lockbox. Once your receipt notice arrives, track your case status online.
- Step 6 – Maintain Records: Keep copies of everything submitted. If you receive a Request for Evidence (RFE), respond within the deadline stated – typically 87 days.
Required Documents Checklist
- ☐ Completed Form I-821D (Consideration of Deferred Action)
- ☐ Completed Form I-765 (Application for Employment Authorization)
- ☐ Copy of current EAD card (front and back)
- ☐ Government-issued photo ID
- ☐ Two passport-style photographs
- ☐ Filing fee payment (confirm current amount with USCIS)
- ☐ Evidence of continuous U.S. residence if not previously submitted
Common Mistakes That Delay or Derail DACA Renewals
The most common mistake we see is filing too late. Waiting until 60 days before expiration with current processing times is a gamble that frequently results in a gap in work authorization.
- Using an outdated form version: USCIS updates forms periodically. Always download the current version directly from USCIS.gov before filing.
- Address mismatches: The address on your application must match USCIS records exactly. Discrepancies trigger delays and sometimes denials.
- Missing fee payment: Applications returned for incorrect or missing payment lose their place in the processing queue entirely.
- Ignoring RFE deadlines: A Request for Evidence is not a denial – but missing the response deadline turns it into one.
Thinking about this for your situation? Let’s talk. We’ll walk you through your options – no pressure. Reach out to our team here.
New Jersey-Specific Considerations for DACA Recipients
New Jersey provides some state-level protections that DACA recipients should know about. Under New Jersey law, DACA recipients are eligible for in-state tuition at public colleges and universities through the New Jersey Dream Act (signed 2018, expanded since). As of 2025, DACA recipients in New Jersey may also qualify for state-issued driver’s licenses and professional licenses in many fields.
The state also has sanctuary-related policies limiting cooperation between local law enforcement and federal immigration agencies, though these vary by municipality. Hudson County and Bergen County – where Tourzani & Long, LLC serves clients from our North Bergen location – are among the more protective jurisdictions in the state.
The National Immigration Law Center maintains updated state-by-state guidance on DACA-related rights and protections that New Jersey recipients may find useful alongside legal counsel.
Key Takeaways for New Jersey DACA Recipients in 2025
- Renew early – file well in advance of your expiration date given current processing timelines.
- New first-time applications face significant restrictions under current court orders – consult an attorney about your eligibility.
- New Jersey offers added state protections including in-state tuition and professional licensing for DACA holders.
- Common mistakes cause real harm – outdated forms, late filing, and missed RFE deadlines are preventable.
- Explore parallel options – DACA renewal does not prevent you from pursuing other immigration pathways simultaneously.
Frequently Asked Questions
Can new applicants still apply for DACA in 2025?
New first-time DACA applications face significant restrictions under current federal court orders. The eligibility landscape for first-time applicants continues to be shaped by ongoing litigation. First-time applicants should consult a qualified immigration attorney to understand the current status of new applications and what options may be available to them.
How much does DACA renewal cost in 2025?
The DACA renewal filing fee covers both Form I-821D and Form I-765. Confirm the current fee amount directly with USCIS before submitting your application, as fees are subject to change. Attorney fees, if you use legal representation, are separate and vary based on the complexity of your case.
What happens if my DACA expires before my renewal is approved?
If your DACA expires during a pending renewal, you lose work authorization and deportation protection until the renewal is approved. This is why filing well in advance of your expiration date is so important. USCIS does not automatically extend status while renewals are pending, unlike some other visa categories.
Does New Jersey offer any extra protections for DACA recipients?
Yes – New Jersey provides in-state tuition eligibility, access to professional licenses, and state driver’s licenses for DACA recipients. Many counties in North Jersey also have policies limiting local law enforcement cooperation with federal immigration detainers, offering an additional practical layer of protection.
Should I hire an attorney for a DACA renewal?
Legal guidance significantly reduces the risk of errors that cause delays or denials, especially if your situation has changed since your last renewal. If you have any criminal history, travel outside the U.S., or address changes, professional review before filing is strongly recommended.
Can DACA recipients travel outside the U.S.?
DACA recipients may only travel internationally if they have received advance parole approval before departing – traveling without it typically results in permanent loss of DACA eligibility. Advance parole is granted only in limited circumstances and must be approved before travel occurs, not after.
Your Next Step if You Have Questions
The uncertainty surrounding DACA is real, and the stakes are high. If your renewal is coming up – or if you are exploring what other options might exist alongside your current DACA status – getting clear guidance now matters more than waiting.
At Tourzani & Long, LLC, we work with individuals and families in North Bergen, Union City, Hoboken, Jersey City, Weehawken, and throughout Hudson and Bergen Counties who need straightforward answers about their immigration situation. We know how much this affects real people and real lives.
Ready to take the next step? Contact us today for straight answers and real guidance on your DACA status and options. Do not wait until your expiration date is weeks away – the time to act is now.
This content is for informational purposes only and does not constitute legal advice. Immigration law is complex and fact-specific. Please consult a qualified immigration attorney regarding your individual situation.