Can DACA Travel to Florida? Understanding Travel Guidelines

Are you a DACA recipient wondering about travel, especially to a popular destination like Florida? This guide, brought to you by SIXT.VN, clarifies the travel guidelines for DACA recipients, focusing on whether you can travel to Florida and what you need to know. We’ll explore the DACA program, advance parole, and how SIXT.VN can assist with your travel needs within the US.

1. What is DACA and How Does it Affect Travel?

The Deferred Action for Childhood Arrivals (DACA) program allows eligible individuals who came to the United States as children to request deferred action, which is a temporary deferral of removal. According to the U.S. Department of Homeland Security (DHS), this prosecutorial discretion ensures that enforcement resources are not used on individuals who came to the United States as children. While DACA doesn’t grant lawful immigration status, it offers protection from deportation and the possibility of obtaining work authorization.

DACA recipients attending a citizenship workshop

But can DACA recipients travel, specifically to Florida? The answer is not a simple yes or no. Generally, DACA recipients can travel outside their state of residence, including to Florida, without needing special permission as long as they remain within the United States. However, international travel is a different matter.

2. Understanding Advance Parole for DACA Recipients

For international travel, DACA recipients typically need to apply for and obtain advance parole before leaving the United States. Advance parole allows DACA recipients to return to the U.S. after traveling abroad. USCIS considers advance parole requests on a case-by-case basis, typically granting it for humanitarian, educational, or employment purposes.

Important Considerations Regarding Travel:

• Advance Parole is Necessary for International Travel: If you leave the U.S. without advance parole, you risk being denied reentry, potentially jeopardizing your DACA status.
• Travel for Vacation is Generally Not Approved: USCIS usually does not grant advance parole for vacation purposes.
• Seek Legal Counsel: It’s always recommended to consult with an immigration attorney before traveling outside the U.S. with advance parole.

3. Can DACA Travel to Florida? The Rules and Regulations

Yes, DACA recipients can travel to Florida and other states within the United States. As long as you remain within the U.S., your DACA status is not directly affected by traveling to different states. This means you can enjoy the beaches, theme parks, and other attractions Florida offers without needing additional permission beyond your valid DACA status and any required identification.

However, staying informed about current regulations is always prudent:

• DACA Status and State Laws: Be aware that while your DACA status is federal, state laws can vary. However, these laws should not generally restrict your ability to travel within the U.S.
• Carry Your DACA Documents: It is advisable to carry copies of your DACA approval notice and Employment Authorization Document (EAD) when traveling as proof of your status.
• Monitor Legal Updates: Keep an eye on any potential changes to DACA policy that could affect your travel rights.

4. The Latest DACA Updates & Court Decisions

DACA has faced numerous legal challenges since its inception. Here’s a breakdown of the significant events:

• September 13, 2023: The U.S. District Court for the Southern District of Texas ruled the DACA Final Rule unlawful, extending an injunction from July 16, 2021. However, the court maintained a partial stay for those who received their initial DACA status before July 16, 2021.
• Current Status: Valid DACA grants and Employment Authorization Documents (EADs) remain valid until they expire, unless terminated individually. USCIS continues to accept and process DACA renewal requests but is not processing initial DACA requests.

Given these legal challenges, staying informed about the latest court decisions and USCIS policies is essential for all DACA recipients. Always consult official sources and legal counsel for the most up-to-date information.

5. Understanding Deferred Action

What exactly is deferred action, and how does it relate to DACA? Deferred action is a discretionary decision to postpone the removal of an individual from the United States as an act of prosecutorial discretion.

Key Points About Deferred Action:

• Not Unlawful Presence: During the period of deferred action, an individual is not considered unlawfully present in the U.S.
• Authorization to be in the U.S.: DHS authorizes individuals with deferred action to stay in the U.S. for the duration of the deferred action period.
• Lawfully Present for Certain Benefits: Deferred action recipients are considered “lawfully present” for eligibility for certain public benefits, such as Social Security benefits.
• No Lawful Immigration Status: Deferred action does not grant lawful immigration status, nor does it excuse any previous or subsequent periods of unlawful presence.

People attending a DACA information session

6. DACA Process: How to Request Consideration

To request consideration for DACA (either initially or for renewal), you must submit Form I-821D, Consideration of Deferred Action for Childhood Arrivals, to USCIS. Here are the steps:

1. Complete Form I-821D: Ensure you use the most current version of the form.
2. Submit Form I-765: Include Form I-765, Application for Employment Authorization, and Form I-765WS, Worksheet, establishing your economic need for employment.
3. Pay the Required Fees: Check the USCIS Fee Schedule for the current filing fees for Forms I-821D and I-765.
4. File at the USCIS Lockbox: For initial DACA requests, mail your request to the USCIS Lockbox. Renewal requests can be filed online or at the Lockbox.

Important Notes:

• Online Filing: DACA recipients can submit renewal requests online through a USCIS online account.
• Receipt Notice: USCIS will send a receipt notice if your request is complete.
• Biometrics Appointment: You may need to attend an Application Support Center (ASC) for biometric services.
• Case-by-Case Review: USCIS reviews each request individually and may ask for more information or evidence.

7. Fee Waivers and Exemptions for DACA Requests

Are there options for fee waivers or exemptions for DACA requests? While full fee waivers are generally not available, limited fee exemptions may be granted under specific conditions:

• Conditions for Fee Exemption:
  • You cannot care for yourself due to a serious, chronic disability, and your income is less than 150 percent of the U.S. poverty level.
  • You have accumulated $10,000 or more in debt in the past 12 months due to unreimbursed medical expenses, and your income is less than 150 percent of the U.S. poverty level.
  • You are under 18, your income is less than 150% of the U.S. poverty level, and you are homeless, in foster care, or lacking parental support.
• Evidence Required: You must provide evidence such as affidavits, tax returns, bank statements, or medical records to support your fee exemption request.
• Prior Approval Needed: Your fee exemption request must be approved before you submit Form I-821D and Form I-765 without fees.

8. Guidelines for Initial DACA Requests

To be considered for DACA, you must meet several guidelines:

1. Age Requirement: You were under the age of 31 as of June 15, 2012 (born on or after June 16, 1981).
2. Entry into the U.S.: You came to the United States before reaching your 16th birthday.
3. Continuous Residence: You have continuously resided in the United States since June 15, 2007, up to the time of filing your request.
4. Physical Presence: You were physically present in the United States on June 15, 2012, and when you filed your request.
5. Lack of Lawful Immigration Status: You had no lawful immigration status on June 15, 2012, and when you filed your request.
6. Education or Military Service: You are currently enrolled in school, have graduated or obtained a certificate of completion from high school, have obtained a GED certificate, or are an honorably discharged veteran of the U.S. Coast Guard or armed forces.
7. Clean Criminal Record: You have not been convicted of a felony, a specified misdemeanor, or three or more other misdemeanors, and do not pose a threat to national security or public safety.

Students attending a graduation ceremony

9. Documentation Needed for DACA

What documents do you need to prove you meet the DACA guidelines? Here are some examples:

10. Traveling with DACA

Can DACA recipients travel outside the United States? The answer is conditional:

• Advance Parole is Required: You must apply for and obtain advance parole before leaving the U.S.
• Reasons for Travel: Advance parole is typically granted for humanitarian, educational, or employment purposes, not for vacation.
• Form I-131: To request advance parole, file Form I-131, Application for Travel Documents, and pay the applicable fee.
• Risk of Leaving Without Advance Parole: Leaving the U.S. without advance parole can result in being unable to reenter and jeopardize your DACA status.

11. DACA Renewal Process

If you are a current DACA recipient, you can request a renewal of your deferred action. Here’s what you need to know:

• When to File: It is strongly recommended that you file your DACA renewal request between 120 and 150 days (4 to 5 months) before the expiration date on your current DACA approval notice and EAD.
• How to File: You can file Form I-821D and Form I-765 online or via mail.
• Renewal Guidelines: You must meet the initial DACA guidelines and show that you have not engaged in unauthorized travel outside the U.S. after August 15, 2012, have continuously resided in the U.S. since your last approved DACA request, and have not been convicted of a felony, significant misdemeanor, or multiple misdemeanors.

DACA recipient receiving their diploma

12. How Can SIXT.VN Help with Your US Travel Plans?

While SIXT.VN primarily focuses on travel services in Vietnam, we understand the importance of reliable travel assistance wherever you go. For domestic travel within the U.S., including Florida, SIXT.VN can provide valuable information and resources:

• Travel Information: We can offer guidance on planning your trip, finding accommodations, and navigating local transportation.
• Local Insights: Although our expertise lies in Vietnam, we can assist in finding reliable sources for local information in Florida.
• Partnerships: We are exploring partnerships with U.S.-based travel agencies to provide comprehensive travel services for our clients visiting the United States.

Our Commitment to You:

At SIXT.VN, we are committed to providing reliable and helpful travel information. While we don’t directly offer travel services within the U.S. yet, we aim to be a trusted resource for your travel planning needs.

13. What Happens If USCIS Denies Your DACA Request?

If USCIS denies your request for DACA, you cannot file a motion to reopen or reconsider the decision, nor can you administratively appeal it. However, you can request a review of your Form I-821D denial by contacting the USCIS Contact Center.

Reasons for Review:

You can request a service request if you believe your request was denied due to:

• Abandonment, when you responded to a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) on time.
• Incorrect mailing address for the RFE or NOID.
• Denial based on age, date of entry, lack of lawful status, or physical presence when evidence shows otherwise.
• Denial due to not being currently in school, when evidence proves enrollment.
• Denial for not paying fees when fees were paid.

Important Note: USCIS will not review its discretionary determination to deny your request for DACA.

14. Potential Termination of DACA

USCIS may terminate a grant of DACA at any time, at the agency’s discretion. In most cases, USCIS will provide a Notice of Intent to Terminate (NOIT) and an opportunity to respond before terminating a DACA grant.

Exceptions:

USCIS may terminate a grant of DACA without an NOIT if you are convicted of a national security-related offense or an egregious public safety offense.

Impact on Employment Authorization:

A grant of employment authorization based on DACA will automatically terminate when DACA terminates.

15. Consequences of Criminal Convictions

Certain criminal convictions can disqualify you from being granted DACA. These include:

• Felony: A federal, state, or local criminal offense punishable by imprisonment for a term exceeding 1 year.
• Significant Misdemeanor: Defined as an offense involving domestic violence, sexual abuse or exploitation, burglary, unlawful possession or use of a firearm, drug distribution or trafficking, or driving under the influence; or an offense for which you were sentenced to time in custody of more than 90 days.
• Multiple Misdemeanors: Three or more other misdemeanors not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct.

Traffic Offenses:

Minor traffic offenses, such as driving without a license, are not considered misdemeanors for DACA purposes unless they involve driving under the influence, which is a disqualifying misdemeanor.

16. Seeking Additional Information and Support

For further information and assistance with your DACA status and travel plans, consider the following resources:

• USCIS Website: The USCIS website provides comprehensive information about DACA, including eligibility requirements, application procedures, and travel guidelines.
• Immigration Attorneys: Consult with a qualified immigration attorney for personalized legal advice and assistance with your DACA case.
• Non-Profit Organizations: Many non-profit organizations offer free or low-cost legal services and support to DACA recipients.

Navigating the complexities of DACA can be challenging, but by staying informed and seeking reliable assistance, you can protect your rights and make informed decisions about your future.

FAQ: DACA and Travel

1. Can I travel to Florida with DACA?

Yes, DACA recipients can travel to Florida and other states within the U.S. without needing special permission, as long as they remain within the United States.

2. Do I need advance parole to travel to Florida?

No, advance parole is not required for domestic travel within the United States.

3. What is advance parole, and when do I need it?

Advance parole allows DACA recipients to travel outside the U.S. and return legally. It’s required for international travel, not for travel within the U.S.

4. How do I apply for advance parole?

You can apply for advance parole by filing Form I-131 with USCIS.

5. What reasons qualify for advance parole?

Advance parole is typically granted for humanitarian, educational, or employment purposes.

6. Can I travel for vacation with advance parole?

Generally, USCIS does not grant advance parole for vacation purposes.

7. What happens if I leave the U.S. without advance parole?

You risk being denied reentry, which could jeopardize your DACA status.

8. How long is advance parole valid for?

The validity period of advance parole varies but is usually granted for a specific trip and duration.

9. Can my DACA be terminated if I commit a crime?

Yes, certain criminal convictions can disqualify you from DACA or lead to its termination.

10. Where can I find more information about DACA travel guidelines?

Visit the USCIS website or consult with an immigration attorney for the most up-to-date information.

DACA recipients attending a seminar

SIXT.VN: Your Trusted Travel Partner (For Vietnam & Beyond)

While you plan your trip, remember that SIXT.VN is dedicated to making your travel experience smooth and enjoyable. For assistance with travel arrangements in Vietnam, including airport transfers, hotel bookings, and exciting tours, don’t hesitate to reach out to us. And for your trips within the US, we are always here to help with information and useful resources.

Contact Information:

• Address: 260 Cau Giay, Hanoi, Vietnam
• Hotline/Whatsapp: +84 986 244 358
• Website: SIXT.VN

Let SIXT.VN be your guide to unforgettable travel experiences!