Miami Deferred Action (Acción Diferido) / DACA Lawyers

Here are the principal components of President Obama's immigration plan as we currently understand them:

1. Enforcement Priorities. Many of the existing memos on enforcement priorities and prosecutorial discretion will be replaced by a new memo that will name three enforcement priorities, which will be operational immediately:
   • Suspected terrorists, convicted felons (including aggravated felonies), convicted gang members, and people apprehended on the border;
   • People convicted of serious or multiple misdemeanors, and very recent entrants (i.e., those who entered after 1/1/14);
   • Those who, after 1/1/14, failed to leave under a removal order or returned after removal.

The memo will contain “strong language” on using prosecutorial discretion appropriately. While most other memos on the subject will be rescinded, the victims of crime memo and the USCIS memo on issuance of NTAs will stand.

2. Border Security. The Secretary of DHS will announce a South Border “command and control” campaign to coordinate and better use resources at the border.

3. State and Local. Secure Communities will be discontinued and replaced by a Priority Enforcement Program (PEP). What it means that Secure Communities will be discontinued is unclear. It is unclear if they will stop fingerprinting people and unplug the technology and interoperability of the federal and local databases. Detainers will be discontinued for all except national security cases. Instead of detainers, there will be a request for notification when a law enforcement entity is about to release a convicted criminal.

4. Nothing on family detention will be included in this package.

5. No changes to Operation Streamline, which targets immigration entry and reentry for federal prosecution.

6. Two deferred action initiatives that combined are estimated to benefit many individuals:

• Deferred Action for Parents (DAP). Parents of U.S. citizens and lawful permanent residents (of any age, including stepchildren where a parental relationship has been established through marriage before their eighteenth birthday) who have been continuously present since 1/1/10, and who pass background checks and pay taxes, will be eligible to apply for deferred action, which will be granted for a 3-year period. The plan is to stand this up within 180 days (for applications to be accepted). Note that parents of DACA recipients are not eligible.
• Expansion of DACA. DACA will be revised to get rid of the age cap and to change the date that continuous presence must have started to 1/1/10. It also will be granted for 3 years (including those with pending renewal applications). This was anticipated to be ready in approximately 90 days from the announcement.

7. Pending Proceedings. There will be a review of cases currently under proceedings to see who is prima facie eligible for the relief stated in this program, and those cases will be closed.

8. Immigration Court Reforms. There will be a package of immigration court reforms that will include qualification of accredited representatives and ineffective assistance of counsel issues.

9. U/T Visas. Additional types of offenses will be added to the list of offenses for which DOL can certify for U status. No specifics were available regarding which offenses will be added. T visa eligibility may also come into play with respect to DOL.

10. Worksite Enforcement. DOL will coordinate with other agencies regarding worksite enforcement activities.

11. Foreign Entrepreneurs. Certain investors will be able to be paroled into the U.S., or be granted parole in place if already in the United States, for job creation (no further details at this time). This will be done by regulation. Also, entrepreneurs, researchers, inventors, and founders will be eligible for national interest waivers. This will be implemented through policy guidance.

12. Pre-registration for Adjustment of Status. Individuals with an approved employment-based immigrant petition who are caught in the quota backlogs will be able to pre-register for adjustment of status to obtain the benefits of a pending adjustment. This is expected to impact a significant number of people. This will be done by regulation.

13. AC21. “Same or similar” will be clarified.

14. L-1B. Guidance will be released.

15. H-4 EADs. The regulation will be finalized.

16. OPT. The length of time in OPT for STEM graduates will be expanded and the relationship between the student and the school will be strengthened for this period. Other changes, such as allowing STEM OPT post-master’s degree where only the first degree is in a STEM field, are under consideration. This will be done by regulation.

17. PERM. A full rulemaking will be undertaken to modernize the PERM program.

18. I-601a Waivers. The provisional waiver will be expanded to include spouses and children of LPRs. The definition of extreme hardship will be expanded and clarified.

19. Advance Parole. There will be a new advance parole memo that will address the issues raised in Matter of Arrabally-Yerrabelly and make clear that CBP should honor the advance paroles issued by USCIS.

20. Parole in Place. PIP will be expanded to include families of individuals trying to enlist in the armed forces.

21. Visa Modernization. There will be a Presidential Memorandum directing the agencies to look at modernizing the visa system, with a view to making optimal use of the number of visas available under law. Issues such as whether derivatives should be counted and whether past unused visa numbers can be recaptured will be included in this effort.

22. Integration. A second Presidential Memorandum will set up a Task Force on New Americans.

For people in South Florida who may qualify for these initiatives, it can be confusing to sort through which category you may fall under and what steps to take first. We help clients understand how enforcement priorities, deferred action options, and other changes could affect their case in immigration courts such as the Miami Immigration Court and in interactions with local agencies. By reviewing your history and current status, we can help you prepare documentation, plan for possible interviews, and understand how a decision in your matter could affect your family members and your long-term future in the United States.

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Frequently Asked Questions About DACA

Who Qualifies For DACA?

To qualify for DACA, individuals must have arrived in the United States before age 16, lived continuously in the U.S. since June 15, 2007, and been under age 31 as of June 15, 2012. Applicants must meet education or military service requirements and have no disqualifying criminal history. A DACA attorney in Miami can review eligibility carefully and explain how current court rulings may affect your options.

Is DACA Still Available For New Applicants In Miami?

DACA remains a complex and evolving program. While renewals are generally being processed, new initial applications are currently limited due to ongoing court decisions. Policies can change quickly, and eligibility may depend on individual circumstances and timing. Speaking with a DACA lawyer helps clarify whether you can file now, prepare documentation in advance, or explore alternative immigration options if DACA is not immediately available.

What Documents Do I Need To Apply For DACA?

A DACA application typically requires proof of identity, evidence of arrival in the U.S. before age 16, continuous residence since 2007, and records showing education, graduation, or military service. Applicants must also submit criminal background information if applicable. A DACA attorney can help organize school records, passports, affidavits, and other evidence to present a complete and well-supported application.

When you need a reliable DACA lawyer in Miami, our legal team is here to protect your rights. Connect with us now for a consultation.