Are Daca Recipients Allowed to Travel?
The Deferred Action for Childhood Arrivals (DACA) program, initiated by the Obama administration in 2012, has been a topic of great debate and concern among undocumented immigrants in the United States. One of the most frequently asked questions regarding DACA recipients is whether they are allowed to travel outside the country. This article aims to provide a comprehensive overview of the restrictions and permissions that DACA recipients face when it comes to international travel.
Understanding DACA
DACA is an administrative program that provides certain undocumented immigrants who came to the United States as children with protection from deportation, a valid work permit, and a social security number. Eligible recipients must meet specific criteria, including having been continuously present in the United States since June 15, 2007, being under the age of 31 as of June 15, 2012, and having been in the United States since January 1, 2010. While DACA recipients are not granted citizenship or a pathway to permanent residency, they are allowed to work and study in the United States.
Travel Restrictions for DACA Recipients
DACA recipients are generally allowed to travel outside the United States, but they must obtain advance parole before leaving the country. Advance parole is a form of permission that allows individuals to return to the United States after traveling abroad. However, there are certain restrictions and considerations that DACA recipients should be aware of when planning international travel.
Obtaining Advance Parole
To travel internationally, DACA recipients must apply for advance parole through the United States Citizenship and Immigration Services (USCIS). The process involves submitting Form I-131, Application for Travel Document, along with supporting documents that prove the applicant’s eligibility for DACA and the necessity of the trip. USCIS will review the application and decide whether to grant advance parole.
Considerations for Traveling Abroad
1. Purpose of Travel: USCIS may deny advance parole if the purpose of the trip is deemed to be against the national interest or if the applicant poses a risk to public safety.
2. Duration of Stay: DACA recipients are allowed to travel for a limited period, typically for up to two years. However, they must return to the United States within that timeframe to maintain their DACA status.
3. Health and Safety: USCIS may deny advance parole if the applicant’s travel poses a risk to their health or safety or that of others.
4. Employment: DACA recipients are allowed to work abroad if their employment is essential and the employer provides documentation supporting the necessity of the trip.
Conclusion
In conclusion, while DACA recipients are generally allowed to travel outside the United States, they must obtain advance parole and adhere to certain restrictions. It is crucial for DACA recipients to understand the requirements and considerations involved in traveling abroad to ensure that they maintain their legal status and comply with the terms of their DACA program.
