DACA and TPS recipients have work authorization and protection from deportation — but both programs exist by executive discretion, not law, making them uniquely vulnerable to policy shifts. Know the current status of your protection, what the 2025–2026 changes mean, and how to protect yourself if your status is terminated or challenged.
Show your EAD card when asked for identification. DACA status does not protect you from local police cooperation with ICE in non-sanctuary jurisdictions. Do not volunteer information about how long you have been in the U.S. or your country of birth.
If police ask about your immigration status beyond what your EAD card shows, state: "I have valid work authorization. I am not answering further questions." Your EAD proves you have lawful presence — it does not prove lawful status, but it establishes you have been vetted by USCIS.
Any criminal charge — even a misdemeanor — can affect your DACA renewal. Contact an immigration attorney immediately if you are cited or arrested for anything. Do not plead guilty without immigration counsel.
If your DACA expires and you cannot renew (or your renewal is denied), you lose your work authorization and deferred action protection. You do not immediately become the subject of active enforcement, but you are no longer protected from removal.
If DACA is terminated by court order or executive action, current litigation provides some protections — but these are dynamic. Monitor uscis.gov and contact your attorney immediately if you receive any notice from USCIS about your DACA status.
With an expired EAD, you cannot legally work. Continuing to work after EAD expiration is a violation that can be used against you in removal proceedings.
When DHS ends a TPS designation, affected individuals receive a wind-down period — typically 60 to 365 days — before they lose status. Do not wait until the deadline to act. If you have any other basis for relief (family petition, VAWA, asylum, etc.), file immediately.
With terminated TPS, you lose both work authorization and protection from removal. You may still have constitutional rights if encountered by ICE (see undocumented guide), but you no longer have the deferred action protection that TPS provided.
Multiple countries have had TPS terminated as of 2025. If your country is affected, consult an attorney about available relief — some TPS holders may qualify for adjustment of status, temporary protected status under a different legal theory, or asylum.
DACA holders have been detained by ICE despite active DACA status, particularly when ICE has flagged individuals for alleged gang affiliation (even without conviction) or other DHS concerns. If detained, immediately state your DACA status and present your EAD and I-797.
Do not sign any document waiving your removal rights without speaking to an attorney. Request a bond hearing. A judge can consider your DACA status as a positive factor in setting bond.
Your attorney can file for emergency injunctive relief if ICE detains you despite active DACA status in violation of the court orders governing the program. Contact an attorney immediately and have family or friends contact DACA-focused legal organizations (see emergency contacts).