The Future of DACA Under a Trump Presidency

Jan 25, 2017 | DACA

As a Miami immigration lawyer with numerous clients who have pending DACA applications, I read with interest this week’s news about speculation that Trump may be signing an executive order to undo DACA. Below are some frequently asked questions.

What is deferred action?
Deferred action is a discretionary, limited immigration benefit by DHS. It can be granted to individuals who are in removal proceedings, who have final orders of removal, or who have never been in removal proceedings. Individuals who have deferred action status can apply for employment authorization and are in the U.S. under color of law. However, there is no direct path from deferred action to lawful permanent residence or to citizenship. And, it can be revoked at any time. If you have any questions in regard to this, you may want to consult with a Miami immigration lawyer.

Who is eligible for relief under DACA?
Individuals who meet the following criteria can apply for deferred action for childhood arrivals:

are under 31 years of age as of June 15, 2012;
came to the U.S. while under the age of 16;
have continuously resided in the U.S. from June 15, 2007 to the present. (For purposes of calculating this five year period, brief and innocent absences from the United States for humanitarian reasons will not be included);
entered the U.S. without inspection or fell out of lawful visa status before June 15, 2012;
were physically present in the United States on June 15, 2012, and at the time of making the request for consideration of deferred action with USCIS;
are currently in school, have graduated from high school, have obtained a GED, or have been honorably discharged from the Coast Guard or armed forces;
have not been convicted of a felony offense, a significant misdemeanor, or more than three misdemeanors of any kind; and
do not pose a threat to national security or public safety.

Applicants will have to provide documentary evidence of the above criteria. In addition, every applicant must complete and pass a biographic and biometric background check. Again, if you have any questions in regard to this, you should contact a Miami immigration attorney.

What is Trump’s view on DACA?
Trump’s campaign website prominent featured a promise to “immediately terminate” DAPA and DACA.

What happens if Trump signs an executive order to end DACA?
According to several insider reports, a bipartisan group of senators is moving to offer legal protection for undocumented immigrants brought into the country as children if President-elect Donald Trump nixes a executive order issued by President Obama. The legislation, spearheaded by Sens. Dick Durbin (D-Ill.) and Lindsey Graham (R-S.C.), would provide temporarily legal status for immigrants who are eligible for the Deferred Action for Childhood Arrival (DACA) program, also known as “Dreamers.” If you have any questions in regard to this, you may want to speak with a Miami immigration lawyer.

If, passed, what would this bill offer?
The legislation would give a “provisional protected status” to DACA recipients and allow undocumented immigrants who are DACA-eligible to apply for the temporary protected status if they pay a fee and undergo a background check. The legislation — known as the Bar Removal of Individuals who Dream and Grow Our Economy Act, or BRIDGE Act — would expire after three years. If you have any questions in regard to this, you may want to speak with a Miami immigration lawyer.
If you would like more information on DACA, cancellation of removal orders, deportation, or deportation relief, please contact Miami immigration lawyer The Law Office of Tatiane M. Silva, P.A., Esq. at (305) 895-2500 or visit our website at