The Deferred Action for Childhood Arrivals (DACA) program has provided a pathway for many young immigrants to live and work in the United States. A common question among DACA recipients is: Can Daca Recipients Travel In The Us? This article provides an in-depth look at the rules and regulations surrounding travel for DACA recipients, both within and outside the United States. It also covers the latest court decisions affecting the DACA program.
Alert Type infoALERT: Court Decisions Regarding DACA
On Sept. 13, 2023, the U.S. District Court for the Southern District of Texas issued a decision finding the DACA Final Rule unlawful and expanding the original July 16, 2021 injunction and order of vacatur to cover the Final Rule. However, the court maintained a partial stay of the order for “all DACA recipients who received their initial DACA status prior to July 16, 2021.” See the Memorandum and Order and Supplemental Order of Injunction.
Accordingly, current grants of DACA and related Employment Authorization Documents (EADs) remain valid until they expire, unless individually terminated. In accordance with this decision, USCIS will continue to accept and process DACA renewal requests and accompanying applications for employment authorization under the DACA regulations at 8 CFR 236.22 and 236.23, as it has since October 31, 2022. We will also continue to accept initial DACA requests, but in accordance with the District Court’s order, we will not process initial DACA requests.
DACA Basics and Current Status
DACA allows eligible individuals who came to the United States as children to request deferred action on their removal from the country for a period of two years, subject to renewal. This also makes them eligible for employment authorization. To be eligible for DACA, individuals must meet several key guidelines, including:
- Being under the age of 31 as of June 15, 2012.
- Coming to the United States before their 16th birthday.
- Having continuously resided in the United States since June 15, 2007.
- Being physically present in the United States on June 15, 2012, and at the time of filing the DACA request.
- Having no lawful immigration status on June 15, 2012.
- Currently being enrolled in school, having graduated or obtained a certificate of completion from high school, having obtained a GED certificate, or being an honorably discharged veteran.
- Not having been convicted of a felony, a significant misdemeanor, or three or more other misdemeanors, and not posing a threat to national security or public safety.
Alt text: A close-up of a USCIS officer reviewing documents related to a Deferred Action for Childhood Arrivals (DACA) application in an office setting.
It’s crucial to stay informed about the latest updates and information related to court rulings on the DACA policy, which can be found on the DACA Litigation Information Page.
Traveling Within the United States
For DACA recipients, traveling within the United States is generally permitted without any special documentation beyond what is typically required for all travelers (e.g., photo ID). DACA recipients should carry their Employment Authorization Document (EAD) and a valid photo ID, such as a driver’s license or state-issued identification card. While these documents are not typically required for domestic travel, they can serve as proof of identity and legal presence in the United States if needed.
Requirements for Air Travel
The Transportation Security Administration (TSA) requires passengers 18 years and older to show valid identification at airport security checkpoints. Acceptable forms of identification include:
- U.S. passport
- Driver’s license or other state photo identity card issued by the Department of Motor Vehicles (or equivalent)
- U.S. military ID
- Permanent Resident Card
- Employment Authorization Document (EAD) issued by USCIS
DACA recipients can use their EAD as a valid form of identification for air travel within the United States.
International Travel and Advance Parole
While DACA provides protection from deportation and work authorization, it does not grant any lawful immigration status. Therefore, DACA recipients who wish to travel outside the United States must obtain advance parole before leaving the country.
What is Advance Parole?
Advance parole is a document that allows certain foreign nationals, including DACA recipients, to travel outside the United States and return without jeopardizing their immigration status or pending application.
How to Obtain Advance Parole
To obtain advance parole, DACA recipients must file Form I-131, Application for Travel Document, with USCIS. The application must include evidence to support the reason for travel, which generally falls into one of three categories:
- Humanitarian purposes: Including to obtain medical treatment, attend funeral services for a family member, or visit an ailing relative.
- Educational purposes: Such as semester abroad programs and academic research.
- Employment purposes: Including overseas assignments, interviews, conferences, or training.
Alt text: A family visiting an ailing relative in a hospital, representing humanitarian purposes for Advance Parole.
Travel for vacation is not considered a valid basis for advance parole.
Important Considerations for Advance Parole
- DACA recipients should not depart the United States before receiving an advance parole document.
- If a DACA recipient leaves the United States without advance parole, they may be denied reentry.
- If a DACA recipient has been ordered deported or removed, they should seek to reopen their case before the Executive Office for Immigration Review (EOIR) and obtain administrative closure or termination of the removal proceeding before leaving the United States.
- USCIS may terminate a grant of DACA for recipients who depart from the United States without first obtaining an advance parole document and subsequently enter the United States without inspection.
Filing for Advance Parole
DACA recipients can file Form I-131, Application for Travel Document, together with the required fee.
It’s crucial to send the form to the correct address, as listed on the Direct Filing Addresses for Form I-131 webpage under “Deferred Action for Childhood Arrivals (DACA).”
Consequences of Unauthorized Travel
Traveling outside the United States without advance parole can have serious consequences for DACA recipients. According to USCIS, DACA recipients who leave the United States without first obtaining an advance parole document run a significant risk of being unable to reenter the United States. In some cases, USCIS may terminate a grant of DACA for recipients who depart from the United States without first obtaining an advance parole document and subsequently enter the United States without inspection.
It’s important to apply for Advance Parole before leaving.
Key Takeaways
- DACA recipients can generally travel freely within the United States with a valid photo ID and their EAD.
- International travel requires advance parole, which must be obtained before leaving the United States.
- Unauthorized travel outside the United States can result in denial of reentry and termination of DACA.
- DACA recipients should stay informed about the latest court decisions and policy changes affecting the program.
Staying Informed
The DACA landscape is subject to change, making it crucial for recipients to stay informed about current policies and any potential changes that may affect their status. USCIS provides updates and information on its website, and it is recommended to consult with an immigration attorney for personalized legal advice.
Navigating the DACA program can be complex, especially when it comes to travel. By understanding the rules and regulations surrounding travel for DACA recipients, individuals can ensure they remain in compliance with the law and avoid potential immigration consequences.
