Traveling To Mexico With Daca: Is It Possible?

The Deferred Action for Childhood Arrivals (DACA) program has allowed eligible young adults who entered the U.S. as children but lack legal immigration status to live and work in the country without fear of deportation. However, DACA holders face challenges when it comes to international travel, including travelling to Mexico. While domestic travel within the U.S. is generally permitted for DACA holders, international travel is more complex and requires specific travel authorization from the U.S. government, known as Advance Parole. Even with Advance Parole, international travel for DACA holders is restricted to certain purposes, such as urgent humanitarian reasons, educational or employment purposes. Obtaining Advance Parole can be a lengthy and complex process, and there is no guarantee of approval or re-entry into the U.S.

Travel to Mexico with DACA: What are the requirements?

Travelling as a DACA recipient can be challenging, and it's important to understand the requirements and restrictions involved.

Domestic Travel Within the U.S.

DACA holders and those with pending applications can travel within the U.S. with proper identification documents. Acceptable forms of ID include a valid, government-issued ID (e.g. a U.S. state-issued driver's license, driver's permit, or passport from the country of nationality) that matches the name on the flight reservation. The ID must be valid (not expired) and issued by an official government body. If you don't have these documents, an Employment Authorization Document (EAD) issued by U.S. Citizenship and Immigration Services (USCIS) can be used as a secondary form of identification.

International Travel

International travel is more complex for DACA holders and requires specific travel authorization from the U.S. government, known as Advance Parole. Even with Advance Parole, international travel is restricted and only permissible for certain reasons. Obtaining Advance Parole does not guarantee re-entry into the U.S., and re-entry is at the discretion of Customs and Border Protection (CBP) officials.

To apply for Advance Parole, you must submit the following to U.S. Citizenship and Immigration Services (USCIS):

• Form I-131
• Copy of a photo identity document (e.g. driver's license or passport)
• Proof of DACA approval (Form I-797)
• Documents supporting your reason for travel (with English translation if necessary)
• Proof of family relationships if relevant to your request
• Two passport-style photos taken within 30 days of filing the application
• Information about intended travel dates and trip duration
• Application fee (as of April 1, 2024, $630, including biometrics services)

Risks of Traveling With Advance Parole

There are several risks to consider when travelling with Advance Parole:

• Re-entry is not guaranteed, even with Advance Parole. CBP officials can deny entry for health or security reasons.
• Travel delays can cause issues if your return date is close to the expiration date of your Advance Parole document.
• If you have an outstanding order of removal or deportation, leaving the U.S. could result in a denial of re-entry for several years.
• Advance Parole does not override the permanent bar for those who have entered the U.S. illegally multiple times.

In conclusion, while it is possible for DACA recipients to travel to Mexico, it requires careful planning and compliance with specific requirements and restrictions. Obtaining Advance Parole is crucial, but it does not guarantee re-entry into the U.S., and travellers should be aware of the associated risks.

Advance Parole: What is it and how to apply?

Advance Parole is a travel document issued by the U.S. Citizenship and Immigration Services (USCIS) that allows certain noncitizens inside the United States to depart and seek to re-enter the country after temporary travel abroad.

Who is eligible for Advance Parole?

If you are a Deferred Action for Childhood Arrivals (DACA) recipient, you may apply for Advance Parole through USCIS under one of three categories: humanitarian, educational, or work purposes. Humanitarian purposes include travelling to obtain medical treatment, attending funeral services for a family member, or visiting an ailing relative. Educational purposes include semester-abroad programs and academic research. Employment purposes include overseas assignments, interviews, conferences, training, or meeting with clients overseas.

Other noncitizens who may seek advance parole include recipients of humanitarian parole who can demonstrate their travel is for an urgent humanitarian reason or furthers a significant public benefit.

An I-131 application for Advance Parole is filed with USCIS. The current filing fee is $575 and advance parole applications are not eligible for a fee waiver. All applicants must indicate on the I-131 the purpose of their travel, the country or countries they intend to visit, the number of trips planned, and the circumstances that warrant issuance of advance parole.

It is important to obtain the advance parole document before departing the United States. If the applicant leaves the country before advance parole is issued, the I-131 application will be considered abandoned.

A grant of advance parole from USCIS does not guarantee re-entry to the United States. Customs and Border Protection (CBP) inspects advance parole holders at the port of entry and has the discretion to deny entry.

In addition to meeting the noncitizen’s reasons for travel, entry with advance parole may make some individuals eligible for adjustment of status. For example, someone who entered the United States without inspection but subsequently left and returned under advance parole may now be considered to have been “inspected and admitted or paroled”.

Domestic travel within the US with DACA

Domestic travel within the US is generally possible for all DACA holders, provided they have the proper identification documents. Any individual flying domestically in the US must present a valid, government-issued ID that matches the name on their flight reservation. This includes DACA holders and individuals with pending DACA applications. Prior to boarding, travelers are required to present their ID to a Transportation Security Administration (TSA) agent at a security checkpoint in the airport. The TSA agent will review your flight reservation and ID to confirm your identity before you are able to board. The ID you present must be valid (not expired at the time of travel) and must be issued by an official government body.

Acceptable IDs include, but are not limited to, a US state-issued driver's license, driver's permit, or a passport from your country of nationality. If you do not have any of the above documents, it is possible for DACA holders to present an Employment Authorization Document (EAD) issued by US Citizenship and Immigration Services (USCIS) as a secondary form of identification.

DACA recipients can generally obtain a REAL ID at their state's Department of Motor Vehicles (DMV). It is important to note that for DACA holders, a current EAD alone is also considered REAL ID-compliant and can be presented for domestic flights within the US. However, individuals who do not have a valid EAD, or are unable to obtain a REAL ID prior to the enforcement date of May 7, 2025, will need to use a passport from their country of nationality to travel.

To prepare for your domestic travel within the US and to understand how to best prepare for your flight, refer to the TSA's official travel guide.

International travel considerations for DACA holders

International travel can be challenging for DACA holders and those with pending DACA applications. Before making any international travel arrangements, it is important to understand the specific travel requirements and restrictions.

In general, DACA holders cannot travel outside the U.S. without specific travel authorization from the U.S. government, also known as Advance Parole. Even with Advance Parole, international travel is restricted and only permissible for certain reasons. These reasons include humanitarian purposes, such as medical treatment or attending a funeral; educational purposes, such as a semester abroad; or employment purposes, such as overseas assignments or conferences.

To apply for Advance Parole, individuals must submit several documents to U.S. Citizenship and Immigration Services (USCIS), including Form I-131, a copy of a photo identity document, proof of DACA approval, documents supporting the reason for travel, proof of family relationships if relevant, passport-style photos, information about travel dates and duration, and the application fee. The processing time for Advance Parole requests can vary between 5 and 17 months, depending on the Service Center handling the application.

It is important to note that even with Advance Parole, re-entry into the U.S. is not guaranteed. DACA holders should be cautious of travel delays and ensure they do not overstay the expiration date on their Advance Parole document. Additionally, a Customs and Border Protection (CBP) officer may deny entry if they believe the individual is "inadmissible" for health or security reasons.

Before travelling internationally, DACA holders are advised to consult with an experienced immigration attorney to understand the risks and requirements specific to their situation.

DACA: What is it?

DACA, or Deferred Action for Childhood Arrivals, is a program that allows eligible young adults who were brought to the U.S. as children but lack legal immigration status to stay and work in the U.S. without fear of deportation. The program was first introduced by the Obama administration 12 years ago and has been subject to legal challenges ever since. Currently, the program's future is uncertain as it faces ongoing attempts by Republican states to end it.

DACA recipients are not considered to have an immigration status but rather an agreement from the U.S. government not to be immediately deported. As such, they are currently barred from travelling outside of the United States. However, in the case of an emergency, recipients may be able to apply for Advance Parole, which allows them to leave the country temporarily for specific reasons. These reasons include urgent humanitarian purposes, such as visiting a sick relative or attending a funeral, as well as educational and employment purposes.

To apply for Advance Parole, DACA recipients must submit Form I-131 to U.S. Citizenship and Immigration Services (USCIS) along with supporting documents, photos, and a fee. It is recommended that applicants start the process early and consider hiring an experienced immigration attorney to handle their application due to the complexity of the process and the paperwork involved.

While domestic travel within the U.S. is generally permitted for DACA holders, they must present valid, government-issued identification that matches their flight reservation when travelling by air. Acceptable forms of ID include a U.S. state-issued driver's license, driver's permit, or passport from their country of nationality. Additionally, DACA holders can present an Employment Authorization Document (EAD) as a secondary form of identification.

Frequently asked questions