Photo by Fatima Garcia on Unsplash

There are a lot of discussions swirling around right now about how DACA recipients should plan for the incoming presidential administration. 

While we can't directly predict the future, there are concrete steps to take in protecting your DACA status. One of those steps is to be wise about any travel. Below we have assembled answers to some frequently asked questions about travel as a DACA recipient:

1. Can I travel outside the U.S. while my initial DACA request is pending?

No. If you have applied for an initial DACA request but have not received an approval, any unauthorized travel outside of the country on or after August 15, 2012 will interrupt your continuous residence, and will make you ineligible for DACA.

2. As a DACA recipient, can I travel outside the U.S.?

Travel outside the United States as a DACA recipient only with authorized travel, by obtaining an advance parole document. In order to get advanced parole you must file Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records. Typically advanced parole is only issued for very limited purposes, defined as:

• 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; or

• Employment purposes, including but not limited to overseas assignments, interviews, conferences or training, consular appointment for an employer-sponsored nonimmigrant visa, or meetings with clients overseas.

Please note that the U.S. does not issue advanced parole for the purpose of vacation. 

3. Can I travel outside the U.S. while my DACA renewal request is pending?

While not ideal, we recognize that prior to the presidential administration change, many DACA recipients are trying to travel with advanced parole while still waiting for DACA renewal. If you are trying to travel, please make sure that all of your documentation is in order. This means that your passport will have more than six months of validity when you re-enter the U.S., there are at least three months of validity of your DACA status remaining at the time of re-entry, and your U.S. issued driver's license is valid. Additionally make sure that there are not outstanding traffic tickets or legal issues you are dealing with.

4. Is it safe for me to travel between U.S. states as a DACA recipient?

In the last few days Virginia Governor Glenn Youngkin has emphasized that Virginia is not a ‘sanctuary state.' This is in direct reference to the city of Alexandria, and the counties of Fairfax and Arlington, which have stated that they are not required to cooperate with ICE without warrants.

In general, a sanctuary city or sanctuary state is “a community with a policy, written or unwritten, that discourages local law enforcement from reporting the immigration status of individuals unless it involves investigation of a serious crime.”

There are only a few states that have declared themselves as sanctuary states, but many cities across the nation have adopted that title. States have a wide variance on what their laws allow for in law enforcement asking a person about their immigration status. We recommend looking up the laws of the state you want to travel to before traveling there, and use wisdom in your actions (ex: drive the speed limit). You have a right to remain silent if asked any questions by a law enforcement officer, and can ask for your attorney to be present. The ACLU has a list of Immigrants' Rights we recommend reading before travel.. 

Remember as a DACA recipient it is imperative that you keep your passport and your driver's license valid. 

If you have questions about applying for advanced parole or another immigration petition please reach out to us at (757) 422-8472, or send us a message on our website. You can also schedule an appointment with one of our attorneys by clicking on this link.