USCIS recommends filing a DACA renewal 120 to 150 days before expiration. That window no longer covers the wait. CBS News reported on October 8 that the pending renewal backlog had more than quadrupled, to over 125,000, and USCIS’s own processing-time estimate has since climbed to about seven months. USCIS points to a renewed emphasis on screening and vetting, including enhanced FBI background checks introduced in April.

What is in court:

In June, two Bay Area legal service providers sued USCIS and ICE in the Northern District of California (East Bay Sanctuary Covenant v. USCIS, No. 3:26-cv-06367). It is a FOIA case seeking records on the delays, not an order to decide anyone's renewal. But the complaint shows the stakes: one provider had 319 renewals filed since November still pending as of June 23, some for over six months, and it cites reports of nurses placed on unpaid leave after filing more than four months early.

Some recipients are going further, filing individual suits under the APA and the Mandamus Act to compel a decision. A court can order USCIS to decide, not to approve. Expect the government to point to DACA's discretionary nature, and weigh the added visibility that suing brings.

Why a lapse matters more now:

• DACA work permits (category C33) are not automatically extended while a renewal is pending. When the card expires, work authorization stops.

• In Matter of Santiago-Santiago (BIA April 24, 2026), the Board held that an immigration judge may not end removal proceedings based solely on DACA.
  
  

What employers can do now:

• Track DACA work permit expiration dates, and remind employees to file at the start of USCIS’s recommended window, 150 days out. Even that may not prevent a gap now.

• Reverify Form I-9 by the expiration date. A pending renewal does not extend work authorization.

• Don’t reverify early or ask for specific documents. Treat DACA employees the same as anyone else with an expiring work permit.

• Plan for a gap. Where your policies allow, consider unpaid leave rather than separation, with a fast return once the new card arrives.

• For key employees, have an immigration attorney assess whether an employment-based path exists. For some DACA recipients, one does.

***Disclaimer: This post is for general informational purposes and does not constitute legal advice. Every case is fact specific. Please contact our office to discuss how this decision may affect your individual situation.***