Travel For Deferred Action For Childhood Arrivals

The Deferred Action for Childhood Arrivals (“DACA”) program has provided temporary relief from deportation for many immigrants who were brought to the United States as children. While DACA allows recipients to live and work in the United States legally, it also comes with unique challenges, particularly regarding travel. This article aims to shed light on the travel risks that DACA holders face and the precautions they should take before making travel plans.

1. The Basic of DACA

DACA was established in 2012 to protect eligible undocumented immigrants from deportation, allowing them to obtain work permits and enjoy certain legal protections. However, it is important to note that DACA does not confer permanent legal status or a path to citizenship. As such, DACA recipients must remain vigilant about their immigration status, especially when it comes to traveling outside of the United States.

2. Travel Restrictions and Ricks

While DACA recipients may travel within the United States without significant issues, international travel poses substantial risks. Here are some key considerations.

• Re-entry Risks: DACA holders who leave the United States may face challenges when attempting to return. There is no guarantee that they will be allowed back, as DACA does not protect against border enforcement actions. Even if a DACA recipient has a valid advance parole document, re-entry is not guaranteed.
• Advance Parole Document: It is a document that allows DACA Holders to travel outside of the United States temporarily for specific reasons, such as education, employment, or humanitarian purposes. However, this application process can be lengthy and is not always granted. If a DACA Holder travels without advance parole, they risk being denied re-entry.
• Changes in Administration Policies: Immigration policies can be changed with different presidential administrations. This unpredictability means that a DACA holder’s ability to travel safely may be affected by new regulations or enforcement priorities.

3. The Importance of Legal Advice

Due to the complex nature of immigration law and the potential risks involved, it is crucial that DACA recipients seek legal counsel before making any travel plans. A licensed immigration attorney can provide personalized advice regards: the feasibility and the process for obtaining advance parole; an assessment of the risks associated with specific travel destinations; and guidance on maintaining compliance with DACA requirements.

4. Alternatives to International Travel

For DACA Holders who wish to travel but are concerned about the risks, there are alternatives to consider:

• Domestic travel: exploring destinations within the United States can provide a fulfilling travel experience without the risks associated with international travel trips.
• Virtual experiences: with advancements in technology, many cultural and recreational experiences can now be enjoyed remotely. Virtual tours of museums, historical sites, and cultural events can offer enriching experiences without the need for travel.

Conclusion

Traveling as a DACA Holder requires careful consideration and planning. This risk associated with international travel can be significant, and understanding these risks is essential for making informed decisions. Seeking the guidance of an experienced immigration lawyer can help DACA Holders navigate their options and protect their status. For personalized legal advice or to discuss your travel plans, please contact The Law Offices of Norka M. Schell, LLC, at 212-258-0713 today. We are committed to providing you with the legal support and guidance you need to navigate our immigration journey safely.