florida DACA Attorney

Legal Assistance for DACA Recipients in South Florida with Maribel A. Piza, P.A.

Since its inception by the Obama administration in 2012, the Deferred Action for Childhood Arrivals (DACA) program has offered reprieve to countless immigrants. Designed to assist undocumented individuals who arrived in the United States during their youth, the program allows them to reside and work in the country with a safeguard against removal and deportation actions.

DACA Enrollment Process

Qualified immigrants can obtain deferred action and work permits for renewable periods of two years. Additionally, they have the option to apply for advance parole, which permits them to travel internationally with re-entry permissions. Nonetheless, participants in the DACA program do not have a direct route to citizenship, and the program’s continuity is frequently subject to change due to political developments.

How Can a DACA Attorney in South Florida Assist You?

Although DACA’s future often faces challenges, it continues to be a valuable resource for many establishing their lives in the United States. At Maribel A. Piza, P.A., we stand ready to guide you through the program’s evolving landscape and safeguard your rights. Whether you’re seeking DACA benefits for the first time or encountering difficulties with renewal, our seasoned legal experts draw upon over fifteen years of experience to champion your cause.

See the endorsements from our clients to understand why they select Maribel A. Piza, P.A. as their trusted legal advocate in South Florida for DACA representation.

Can DACA Recipients Obtain a Real ID?

Yes, in Florida, DACA recipients are eligible for any type of identification, including Real ID compliant IDs and non-compliant options. To acquire any form of identification, all applicants must fulfill the same criteria, irrespective of their immigration status.

Is Domestic Air Travel Permitted for DACA Recipients?

As of October 1, 2021, Enhanced or REAL IDs are required for domestic air travel. DACA recipients looking to travel should not delay in scheduling their DMV appointments. Be prepared to complete an application and present the necessary documentation when visiting the DMV. It’s wise to finalize this well ahead of any planned travel dates.

DACA’s Present Circumstances and Prospective Outlook

As of 2023, DACA (Deferred Action for Childhood Arrivals) continues to protect around 800,000 individuals known as “Dreamers.” While it doesn’t provide legal status or a pathway to citizenship, it does enable recipients to apply for a driver’s license, social security number, and work permit. The Biden administration has made efforts to preserve DACA, including a final rule published in October 2022 to fortify its position. However, new applicants are currently barred from applying, and the program’s long-term status remains uncertain without a set date for additional hearings to determine its future.

The latest update on DACA as of September 18, 2023, from the USCIS indicates that the U.S. District Court for the Southern District of Texas has found the DACA Final Rule unlawful, extending the July 16, 2021, injunction to include the Final Rule. However, the court has allowed a partial stay for those who received their initial DACA status before July 16, 2021. Current DACA and Employment Authorization Documents (EADs) remain valid until expiration. USCIS is processing renewal requests as before but is not processing new DACA applications. For detailed information, individuals are directed to visit the USCIS DACA webpage and follow USCIS’s social media for updates.

DACA Renewal Application

As of September 18, 2023, USCIS is accepting first-time DACA applications but is not processing them due to a recent court ruling. Renewal requests continue to be processed for the standard 2-year duration. Individuals who previously received a 1-year validity under past directives will have their validity automatically extended to 2 years. Applications for advance parole for international travel are also being accepted again.

This change is a positive shift for DACA-eligible individuals and their advocates, yet the program’s permanence remains uncertain amidst ongoing legal challenges and potential Supreme Court review. The current composition of the Court, with Justice Amy Coney Barrett replacing the late Justice Ruth Bader Ginsburg, may impact future rulings on DACA. The previous Supreme Court decision suggested that the program could potentially be terminated through different legal approaches.

DACA Application Status

President Biden has endorsed the continuation of the DACA program, and while the program faces legal challenges, the administration has shown commitment to its preservation, as evidenced by a final rule published in October 2022. However, the long-term security of DACA likely depends on legislative action from Congress, which could prove challenging depending on the political composition of the Senate.

As it stands, DACA remains a significant tool for immigrants to legally live and work in the U.S. Attorneys in regions like South Florida are available to assist with assessing eligibility and guiding applicants through the process, adapting to the latest legal developments.

Are DACA Applications Being Accepted?

USCIS will still accept new DACA requests, but due to the District Court’s ruling, they will not process these initial requests. The acceptance of new applications is a procedural step, but without processing, it means that no new DACA statuses will be granted at this time..

Eligibility Requirements for DACA

To qualify for DACA status, individuals must satisfy several precise criteria. Many are now estimated to be eligible to apply, but initial applications are not being processed.

Eligibility for DACA requires:

  • Arrival in the U.S. before age 16.
  • Continuous residence in the U.S. since June 15, 2017.
  • Presence in the U.S. on June 15, 2012.
  • Ongoing physical presence in the U.S. from August 15, 2012.
  • Lack of lawful immigration status as of June 15, 2012.
  • Current lack of immigration status.
  • Current enrollment in school, possession of a high school diploma, GED, or honorable U.S. military discharge.
  • Minimum age of 15 at the application time, unless facing removal proceedings without detention.
  • No significant criminal record.
  • No threat posed to U.S. national security or public safety.

How Our Immigration Firm Can Help You

Rules and procedures surrounding DACA can quickly shift in the wake of new:

  • Legal challenges
  • Court rulings
  • Administration changes

At Maribel A. Piza, P.A., we can guide you through preparing your DACA application and assist with the renewal process, ensuring everything is in order for when initial applications are processed once more. While current rulings prevent the finalization of new applications, our team is committed to helping you prepare thoroughly, and we will work diligently to protect your existing benefits if you’re renewing your status.