can daca recipients travel in the us

Can DACA Recipients Travel? What You Need to Know

Traveling the world is an enriching experience. However, some DACA ( Deferred Action for Childhood Arrivals ) recipients are scared to leave the county for fear of losing their eligibility. There is some good news. DACA recipients can travel but with a few restrictions. Here is what you need to know about traveling as a DACA recipient. 

Can You Travel with DACA within the U.S.?

DACA recipients can travel within the United States . That means DACA recipients can take planes, buses, and boats without issues. They will still need to show the appropriate identification to board these vessels. If any travel requires you to leave the United States, you will need to apply for Advance Parole, which allows you to leave the United States without losing your DACA status. 

In late 2021, the U.S. Citizenship and Immigration Services (USCIS) approved to travel to Puerto Rico and the United States territories without advance parole . DACA recipients could leave the United States and re-enter without losing their status. The USCIS recommends keeping all DACA documentation with the traveler to avoid any problems at the border or other port of entry. 

Related: How Long Does DACA Take To Process? 

Where Can I Travel with DACA?

In the past, leaving the United States often put the status of DACA recipients in jeopardy . Travel was limited to the borders of the United States. With Advance Parole, it is an opportunity for DACA recipients to travel outside of the United States and return legally. To obtain Advance Parole, you need to get Form I-512L. 

Form I-512L is almost similar to a visa. After the official inspects the Advance Parole document, you can re-enter the United States. However, an Advance Parole document is not without any risks. Not every DACA holder is eligible for Advance Parole either. You cannot travel for any reason as a DACA recipient, such as visiting friends and family. These travel reasons must be for a humanitarian reason or one with significant public benefit. 

Some of these reasons include:

• Traveling outside the country to support the federal law enforcement or national security interests of the U.S.
• Traveling to support the wellbeing, safety, or care of an immediate relative, especially a minor child
• Traveling abroad to get some medical treatments that help sustain their lives, especially for treatments that cannot be obtained while in the U.S.

Related: A Complete Guide to DACA 

Can I Use My DACA Card as an I.D.?

Over the next few years, there is a push for all United States citizens to carry a READ ID. Applicants must meet stricter criteria to obtain the identification , and they will be required for domestic flights. Most states allow DACA cards to be used as an I.D., and some even let the holder present it for a REAL ID. But if the DACA has expired, the recipient will need to submit another form of identification. Using a DACA card for an I.D. depends on the specific state, as they set their own requirements for licenses and official identification. 

Do You Need a Passport for DACA?

If you want to travel, you need to have some photo identification . In many cases, the DACA recipient does have a passport from their country of birth. You can travel with a valid, unexpired passport from your country. Before you travel internationally, you need to check the latest information about the program as it can change. For now, DACA recipients can travel with a passport to a foreign country. 

Do DACA Recipients Have Green Cards?

Yes, a DACA recipient can obtain a green card, but only under certain circumstances. If you have entered the United States with Advance Parole or an initial entry on a valid visa, you could qualify for a green card . There are many types of green cards, including employment-based, family-based, and humanitarian. Like most green cards, the applicant must meet specific eligibility requirements to apply and get approval for these statuses. 

Can DACA Recipients Marry a Citizen?

While the definite answer will depend on certain situations and factors, generally, the answer is yes . U.S. citizens are free to marry anyone, including those DACA recipients. The U.S. citizen will not have issues with their residency status, but the spouse will see a change. With the marriage, the DACA recipient might obtain a marriage-based green card. Like most applicants, a few requirements must be met, such as the marriage was made in good faith and not to receive immigration benefits for the DACA holder. 

Related: The Ultimate Guide to the Biometrics Appointment

How Can DACA Recipients Get Citizenship?

The issue of citizenship for DACA recipients has been hotly contested. For most recipients, DACA is not a clear path to citizenship . There are a few steps to take. First, the DACA recipient would need to get a permanent residence or green card to help pave their way to citizenship. The DACA recipient must have entered the United States lawfully with a valid U.S. visa . 

In some cases, you can petition USCIS for an immigration visa if you have an immediate relative with U.S. citizenship. Unfortunately, you cannot get a green card for those who did not enter the country legally . You might be able to meet the lawful entry requirement with Advance Parole. With that, you need to leave the country and re-enter. However, there are risks, and you need approval to travel abroad. 

Once you have a green card for several years, you can apply for naturalization . U.S. veterans can apply after three years, while civilians can apply after five . After the naturalization process, you are considered an official and lawful U.S. citizen. 

DACA holders do face some hurdles when it comes to traveling abroad . While you can get Advance Parole, you can travel abroad for specific circumstances. DACA is a complicated status, and you should always speak to an attorney before leaving the country. 

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Consideration of Deferred Action for Childhood Arrivals (DACA)

ALERT: Important Reminders Regarding the DACA Renewal Process

We continue to adjudicate the majority of DACA renewal requests within 120 days and make every effort to efficiently process these requests as we receive them.  USCIS Historical Data  shows the median processing time for DACA renewals and associated Employment Authorization Documents in fiscal year 2023 was 1 month, and less than 2 months for the first quarter of FY 2024.

As USCIS has long recommended, we strongly encourage DACA recipients to submit your DACA renewal request to us between 120 and 150 days (4 to 5 months) before the expiration date located on your current Form I-797 DACA approval notice. Filing during this window reduces the risk that your current period of DACA and employment authorization will expire before you receive a decision on your renewal request. Please note that filing earlier than 150 days before your current DACA expiration date will not result in a faster decision.

ALERT: 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 (PDF, 1.35 MB)  and Supplemental Order of Injunction (PDF, 72.53 KB) .

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.

Current valid grants of DACA and related EADs will continue to be recognized as valid under the Final Rule. This means that individuals with DACA and related EADs do not have to submit a request for DACA or employment authorization until the appropriate time to seek renewal.

Please see the  DACA Litigation Information Page  for important updates and information related to court rulings on the DACA policy.

This page provides information on requesting Consideration of Deferred Action for Childhood Arrivals (DACA). You may request DACA for the first time or renew your existing period of DACA if it is expiring. Please note: While a July 16, 2021,  injunction (PDF, 401.59 KB)  from the U.S. District Court for the Southern District of Texas, which was  affirmed by the U.S. Court of Appeals for the Fifth Circuit, and on Oct. 14, 2022 was extended by the district court to the DACA final rule, remains in effect, DHS is prohibited from granting initial DACA requests and related employment authorization under the final rule.

File Online

On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of 2 years, subject to renewal. They are also eligible to request work authorization. Deferred action is an exercise of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status.

On Aug. 30, 2022, DHS published the DACA Final Rule, with the intent to preserve and fortify the DACA policy. This rule, which puts into effect regulations at 8 CFR 236.21-236.25, rescinds and replaces the DACA guidance set forth in the 2012 Memorandum issued by Secretary Napolitano.

The following information explains the guidelines for requesting DACA for the first time. Please note: While a July 16, 2021,  injunction (PDF, 401.59 KB)  from the U.S. District Court for the Southern District of Texas, which was affirmed by the U.S. Court of Appeals for the Fifth Circuit, and on Oct. 14, 2022 was extended by the district court to the DACA final rule, remains in effect, DHS is prohibited from granting initial DACA requests and related employment authorization under the final rule. If you need further information and cannot find it in our  Frequently Asked Questions , you can call the USCIS Contact Center at 800-375-5283. For people who are deaf, hard of hearing, or have a speech disability: TTY 800-767-1833. Representatives are available Monday-Friday from 8 a.m. to 8 p.m. Eastern Time.

A request for DACA may be granted only if USCIS determines in its sole discretion that you meet each of the following threshold criteria and merit a favorable exercise of discretion:

• Were under the age of 31 as of June 15, 2012 (that is, you were born on or after June 16, 1981);
• Came to the United States before reaching your 16th birthday;
• Have continuously resided in the United States since June 15, 2007, up to the time of filing your request for DACA;
• Were physically present in the United States on June 15, 2012, and at the time of filing your request for DACA with USCIS;
• You never had a lawful immigration status on or before June 15, 2012, or
• Any lawful immigration status or parole that you obtained had expired as of June 15, 2012, and
• Any lawful status that you had after June 15, 2012, expired or otherwise terminated before you submitted your request for DACA;
• Are currently enrolled in school, have graduated or obtained a certificate of completion from high school, have obtained a General Education Development (GED) certificate, or are an honorably discharged veteran of the United States Coast Guard or armed forces of the United States; and
• Have not been convicted of a felony, significant misdemeanor (that is, a misdemeanor as described in 8 CFR 236.22(b)(6)), or 3 or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

Age Guidelines

Anyone requesting DACA must have been under the age of 31 as of June 15, 2012 (this means you must have been born on or after June 16, 1981).

Timeframe for Meeting the Guidelines

You must demonstrate

Education and Military Service Guidelines

Please see our Frequently Asked Questions for more detail on school-related guidelines.

If you meet the guidelines for DACA, you will need to complete the following steps to make your request to USCIS.

See our Frequently Asked Questions for information on submitting affidavits or circumstantial evidence to support your request.

There are very limited fee exemptions available. Your request for a fee exemption must be filed and favorably adjudicated before you file your DACA request without a fee. In order to be considered for a fee exemption, you must submit a letter and supporting documentation to USCIS demonstrating that you meet 1 of the following conditions:

• You cannot care for yourself because you suffer from a serious, chronic disability and your income is less than 150 percent of the U.S. poverty level;
• You have, at the time of the request, accumulated $10,000 or more in debt in the past 12 months as a result of unreimbursed medical expenses for yourself or an immediate family member, and your income is less than 150 percent of the U.S. poverty level; or
• In foster care; or
• Otherwise lacking any parental or other familial support.

Submit the following types of evidence:

• Affidavits from community-based or religious organizations to establish a requestor’s homelessness or lack of parental or other familial financial support.
• Copies of tax returns, bank statement, pay stubs, or other reliable evidence of income level.
• An affidavit from the applicant or a responsible third party attesting that the applicant does not file tax returns, has no bank accounts, and/or has no income to prove income level.
• Copies of medical records, insurance records, bank statements, or other reliable evidence of unreimbursed medical expenses of at least $10,000.

We will send you a Request for Evidence (RFE) if we have questions about the evidence you submitted.

You can find additional information on our Fee Exemption Guidance Web page.

Note: There are no fee waivers available for DACA requests and employment authorization applications connected to DACA.

If USCIS grants DACA and employment authorization in your case, you will receive a written notice of that decision. An Employment Authorization Document will arrive separately in the mail.

In general, only noncitizens who have permission from DHS to work can apply for a Social Security number.  If USCIS grants DACA, you can find additional information about  Social Security Number and Card for Deferred Action for Childhood Arrivals (PDF)  on the  Social Security Administration  website.

If USCIS denies your request for DACA, you cannot file an administrative appeal or a motion to reopen or reconsider. See 8 CFR 23.23(c)(3). USCIS will not review its discretionary determination to deny your request for DACA.

Under 8 CFR 236.23(c)(2), USCIS will not issue a Notice to Appear or refer a requestor’s case to U.S. Immigration and Customs Enforcement (ICE) for possible enforcement action based on the denial of your DACA request unless we determine that your case involves denial for fraud, a threat to national security, or public safety concerns. For more information on notices to appear, visit  uscis.gov/NTA .

You may request a review using the Service Request Management Tool process if you met all of the DACA guidelines and you believe USCIS denied your request because of an administrative error.

• USCIS believes you abandoned your case by not responding to a request for evidence (RFE), and you believe you did respond within the prescribed time; or
• USCIS mailed the RFE to the wrong address, even though you had submitted a Form AR-11, Change of Address, or changed your address online at  uscis.gov before we issued the RFE.

You can find a full list of possible errors in our Frequently Asked Questions .

To make a service request, you must call the USCIS Contact Center at 800-375-5283. For people who are deaf, hard of hearing, or have a speech disability: TTY 800-767-1833. A USCIS representative will then forward your request to the proper USCIS office. Your service request will be reviewed for accuracy and USCIS will send you a letter informing you of its decision.

The USCIS Contact Center is open Monday – Friday from 8 a.m. – 8 p.m. Eastern Time.

Certain travel outside the United States may affect the continuous residence guideline. Traveling outside the United States before Aug. 15, 2012, will not interrupt your continuous residence if the travel was brief, casual, and innocent. If you travel outside the United States on or after Aug. 15, 2012, and before we make a decision on your request for DACA, you will not be considered for DACA.

The following chart explains whether your travel will affect your continuous residence.

Once USCIS has approved your request for DACA, you may file  Form I-131 , Application for Travel Document, to request advance parole to travel outside of the United States. If you travel outside the United States without first receiving advance parole and then enter the United States without inspection, USCIS may terminate your DACA after issuing a Notice of Intent to Terminate with an opportunity to respond. DACA recipients who depart the United States without first obtaining an advance parole document run a significant risk of being unable to reenter the United States; obtaining an advance parole document prior to departure is strongly encouraged to reduce the risk of being unable to return and resume DACA.

For detailed information see the Travel section of the Frequently Asked Questions.

You will not be considered for DACA if you have been convicted of:

• A felony offense;
• A significant misdemeanor offense (as described at 8 CFR 236.22(b)(6)); or
• 3 or more other misdemeanor offenses not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct.
• You are otherwise deemed to pose a threat to national security or public safety.

What is the difference between a “significant misdemeanor” (a misdemeanor as described at 8 CFR 236.22(b)(6)), a “non-significant misdemeanor” (other misdemeanor), and a “felony”?

A minor traffic offense is not considered a misdemeanor for purposes of 8 CFR 236.22(b)(6) and is not per se disqualifying for DACA purposes. DHS considers such offenses in the totality of circumstances to determine if a requestor merits a favorable exercise of prosecutorial discretion. However, driving under the influence is a disqualifying misdemeanor as described at 8 CFR 236.22(b)(6) regardless of the sentence imposed.  You can find detailed information in the  Criminal Convictions  section of the Frequent Asked Questions.

Dishonest practitioners may promise to provide you with faster services if you pay them a fee. These people are trying to scam you and take your money. Visit our Avoid Scams page to learn how you can protect yourself from immigration scams.

Make sure you seek information about DACA from official government sources such as USCIS or the Department of Homeland Security. If you are seeking legal advice, visit our Find Legal Services page to learn how to choose a licensed attorney or accredited representative.

Remember you can download all USCIS forms for free at www.uscis.gov/forms .

USCIS is committed to safeguarding the integrity of the immigration process. If you knowingly and willfully provide materially false information on Form I-821D, you will be committing a federal felony punishable by a fine, or imprisonment up to 5 years, or both, under 18 U.S.C. Section 1001.  In addition, you may be placed into removal proceedings, face severe penalties provided by law, and be subject to criminal prosecution.

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Everything You Need to Know About Traveling on DACA

Sep 29, 2022.

Navigating travel as a DACA recipient or with a pending DACA application can be challenging. In order to avoid any immigration issues or roadblocks with your application, it’s important to understand travel requirements and restrictions you may face as a DACA recipient. Before you make any domestic or international travel arrangements, we’ve put together some helpful travel information every DACA holder should be aware of.

Domestic Travel Within the U.S.

If you currently live in the U.S. and plan to travel within the country, good news! DACA holders and individuals with pending DACA applications are able to travel domestically with the proper identification documents. Any individual flying domestically in the U.S. must present a valid, government-issued ID that matches the name on their flight reservation. 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 U.S. 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 listed documents, it is possible for DACA holders to present an Employment Authorization Document (EAD) issued by U.S. Citizenship and Immigration Services (USCIS) as a secondary form of identification. For more information on domestic travel in the U.S. and how to prepare for your flight, check out the TSA’s official travel guide .

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Navigating REAL ID Requirements

If you’ve applied for a new identification card recently or you’re a frequent traveler, you may have heard of “REAL ID”, a new security standard for government-issued documentation. Th e Department of Homeland Security (DHS) recently announced it would extend the enforcement of REAL ID-compliant documents to May 7, 2025. Beginning on May 7, 2025, all individuals 18 years old and older must obtain a REAL ID-compliant document in order to fly within the U.S. REAL ID-compliant driver’s licenses are now marked with a star icon at the top of the card. In addition to state-issued driver’s licenses, several other documents are considered REAL ID-compliant at this time. See a full list of acceptable identification documents that satisfy REAL ID requirements here .

DACA recipients can generally obtain a REAL ID at their state’s Department of Motor Vehicles (DMV). More information on how to apply can be found in Boundless’ REAL ID guide .

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 U.S. Individuals that do not have a valid EAD, or are unable to obtain a REAL ID prior to May 2025 when enforcement goes into effect, will need to use a passport from their country of nationality to travel.

To learn more about REAL ID requirements by state, including where to obtain an updated driver’s license, visit the REAL ID website and click your state on the map.

International Travel Considerations

While domestic travel within the U.S. is generally possible for all DACA holders, international travel may be more difficult depending on your specific immigration circumstances. In general, DACA holders are not able to travel outside of the U.S. without specific travel authorization issued by the U.S. government (otherwise known as Advance Parole ). Even for those who obtain an Advance Parole travel document, international travel is restricted and permissible only for certain reasons. For more information on applying for the Advance Parole document, and navigating international travel as a DACA recipient, check out Boundless’ DACA guide .

Want more information on DACA? Get all of your questions answered in Boundless’ DACA guide.

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Guide for Undocumented Individuals Traveling in the U.S.

Themes/Topics: Law & Policy

Geography: California, National

Audience: Ally, Educator, Undocumented Youth

Introduction

Traveling in the U.S. can be a complicated and stressful process for anyone—even more so if you’re undocumented! But it doesn’t have to be complicated. If you’re thinking of traveling as an undocumented person (with or without DACA) and are curious about how to travel safely, read on. Safe travels, undocu-travelers!

Introduction Domestic Flights Ground Transportation: Public Buses & Trains Ground Transportation: Driving Traveling to U.S. Territories

Domestic Flights

All travelers flying on a domestic flight must present a valid (unexpired) photo ID issued by the state or federal government. Undocumented individuals may use the following forms of ID accepted by TSA:

• State photo identity card
• State driver’s license
• Military ID
• Foreign passport (must be unexpired 1 )
• U.S. Citizenship and Immigration Service Employment Authorization Card
• Trusted traveler cards such as the NEXUS, SENTRI and FAST cards issued by the Department of Homeland Security (“DHS”)
• Border-crossing cards
• Native American tribal ID cards
• Airline or airport photo ID cards issued in compliance with TSA regulations and transportation worker ID credential

For a full list of TSA-acceptable forms of ID click here .

FAQ Regarding Domestic Flights

Yes, as noted above, the list of approved identification to fly domestically includes foreign government-issued passports (must be valid) and/or a U.S. Citizenship and Immigration Services Employment Authorization Card (I-766). There have been reports of individuals who were not able to fly with these documents due to erroneous TSA agent denials. In such instances, inform the TSA agent that according to posted Transportation Security Administration guidelines, these are acceptable documents. Here is the link: tsa.gov/travel/security-screening/identification

We recommend that you review TSA’s most up-to-date guidelines before your domestic flight.

Ground Transportation: Public Buses & Trains

There have been reports, especially during the Trump Administration, of Border Patrol agents conducting immigration checks without warrants on buses and trains, such as Greyhound and Amtrak. Although Customs Border Patrol (CBP) has publicly said that its agents are prohibited from boarding buses/trains and questioning passengers without warrants or a company’s consent, it’s a good idea for any passenger to be aware of the following rights:

• You have the right to remain silent.
• When in doubt, do not answer questions about your citizenship or immigration status or sign any paperwork without the advice of a lawyer. Do not lie – silence is often better.
• If you have valid immigration papers, you can provide them. Never provide false documents.
• You can refuse a search of your belongings by saying “I do not consent to a search.”
• You have the right to record video of immigration agents.
• If you are stopped or searched, you have the right to ask for the officer’s name / ID number.

FAQ Regarding Ground Transportation

Ground transportation: driving.

Like citizens, certain non-citizens may be eligible to drive legally. In some states, certain non-citizens are eligible to apply for a driver’s license. Check your state’s Department of Motor Vehicles (DMV) to determine if you are eligible to apply for a driver’s license regardless of your immigration status. If you are stopped by either law enforcement or immigration enforcement while in your car, consider the following recommendations:

• Stop the car in a safe place as quickly as possible. Turn off the car, turn on the internal light, open the window part way, and place your hands on the wheel.
• Upon request, show the police your driver’s license, registration, and proof of insurance.
• If an officer or immigration agent asks to search your car, you can refuse. However, if the police believe your car contains evidence of a crime, they can search it without your consent.
• Both drivers and passengers have the right to remain silent. If you’re a passenger, you can also ask if you’re free to leave. If yes, silently leave.

FAQ Regarding Driving

Below are some noted checkpoints within California. Be prepared. Plan your route of travel and check before traveling.

• San Clemente: located 7 miles south of San Clemente on Interstate 5.
• Temecula: located 24 miles north of Escondido on Interstate 15.
• Highway 79: located 1 mile west of Sunshine Summit.
• I-8 West: located 3 miles east of Pine Valley on Interstate 8.
• Highway 94: located 24 miles east of San Diego on California State Route 94.
• Highway 78/86: located just south of the intersection of California State Routes 78 and 86, just west of the Salton Sea, controlling northbound traffic only.
• Highway 111: located between Niland and Bombay Beach.
• Highway S2: located 7 miles north of Ocotillo and I-8 in eastern San Diego County on S2 (Imperial Hwy/Sweeney Pass Road) between I-8 and State Route 78.

Traveling to U.S. Territories

Undocumented individuals who hold a temporary protection (e.g. TPS/DACA-recipients) may travel to the U.S. Territories without Advance Parole. However, it’s important to know where and how to safely travel overseas to the U.S. Territories.

IMPORTANT : Traveling to the U.S Territories without DACA, even though a person has never technically left the U.S., could result in a referral to ICE for removal.

You may also find the following information on the U.S. Customs and Border Protection (USCBP) website helpful.

[1] If you’re traveling with an expired license or passport you may still be able to fly. Acceptable forms of ID cannot be more than 12 months past the identified expiration date. Click here for more information.

This resource was created by Jesús Flores Rodríguez with editing support from Claire Calderón and Denia Pérez, Esq.

Immigrants Rising helps you make decisions based on your potential, not your perceived limits. Visit our website so you can see what’s possible: immigrantsrising.org . For inquiries regarding this resource, please contact Jesus Flores, Legal Services Coordinator, at [email protected] . Revised 9/2023.

Related Resource:

• Guía para personas indocumentadas que viajan en EE.UU.

Can I travel to a U.S. territory like Puerto Rico if I have DACA?

Federal appeals court rules DACA illegal. What is DACA? Who are the dreamers?

In August, USA Today marked the 10 year anniversary of the DACA program, with vibrant stories on the individual lives impacted by the Obama-era policy. 

DACA recipients have weathered constant legal threats to their guarantee of residency over the years and this year is no different. Just this month, a highly anticipated federal appeals court ruling which came down Wednesday, Oct. 6 reaffirmed an alteration to the scope of the program. 

To mark the unique stories and the shared uncertainty borne by this cohort of people,  our reporters have written extensively  in both  Spanish and English on both the policy and its recipients.

Understand the basics of the program.

DACA turns 10: USA Today Feature: ‘Like a roller coaster’: DACA opens doors for two Texas brothers, leaves another in shadows

Spotlight on the Dreamers: ‘I don’t know if I will be deported’: Young immigrants prepare for DACA to end

DACA in their own words: ‘Half an American dream’: DACA was meant to be temporary. 10 years later, immigrants want relief.

What is the DACA ruling? 

On Wednesday, Oct. 5 a decision came down from a federal appeals court upholding a previous ruling which declared the program illegal but allowed DACA recipients to renew their status. In a statement , Secretary of Homeland Security Alejandro N. Mayorkas said he was "deeply disappointed" by the court's decision and urged congress to pass a law codifying a path to citizenship for Dreamers. 

What is DACA?

DACA is a US government program that allows for work authorization and puts a temporary hold on deportation for those who were brought into the country illegally as children. 

What does DACA stand for?

DACA is an acronym for Deferred Action for Childhood arrivals. 

What are Dreamers?

Dreamers, or DREAMers, is a commonly used name in political discourse to describe the group of people impacted by the DREAM Act. DREAMers refers to the larger population of undocumented youth brought to the United States as minors, while DACA refers only to those who applied for and received the Obama-era program.

The DREAM Act, or the Development, Relief and Education for Alien Minors Act, would have provided a path to legal status for those who are undocumented and came to the US as children. It was first introduced in 2001 , and since over 10 versions have tried to make it through Congress but none have passed.

When a version came close but failed to pass during his tenure, President Barack Obama issued DACA as an executive order, tying the legislation to the Dreamers. The name connotates not just the bill's acronym but the concept of a cohort of young people whose hopes and ambitions would be cut short without a pathway to legal status. 

Who qualifies for DACA?

According to the Undocumented Student Program at the University of California Berkeley , to be eligible to receive DACA, the qualifications are: 

• Under 31 years old as of June 15, 2012
• Arrived in the US prior to your 16th birthday
• Physically present in the US on June 15, 2012 and at the time of DACA application
• Lived continuously in the US from June 15, 2007 to present 
• Arrived in the US without documents prior to  June 15, 2012, or legal status expired as of that date
• Enrolled in or have graduated from high school or earned a GED/certificate of completion. Having been honorably discharged from the Coast Guard or military also qualifies you as does a technical and trade school completion 
• Have not been convicted of a felony, a significant misdemeanor, or three or more other misdemeanors.

Does DACA have an age limit?

According to the United States Department of Homeland Security , the DACA age requirements are as follows:

• You must have been under the age of 31 on June 15, 2012, to be considered for DACA.
• You must be at least 15 years of age or older at the time of filing, if you have never been in removal proceedings, or your proceedings were terminated before your DACA request.
• You can apply for DACA if you are under 15, if you are in removal proceedings, have a final removal order, or have a voluntary departure order, and are not in immigration detention. 

How long does DACA last?

DACA lasts two years before recipients need renewal. It is suggested you apply for renewal four to five months prior to the expiration date, however, as requests take awhile to process.

The expiration date can be found on the I-797, Notice of Action received upon approval of your original DACA request. 

Is DACA still available? 

Yes and no. While those who have received DACA in the past can renew, new initial applications for DACA are not being granted.

In July of 2021, the U.S. District Court for the Southern District of Texas held that the DACA policy was "illegal.” That same court then temporarily stayed its order, making so that those who had received DACA on or before July 16, 2021, when the court made its decision could be granted renewal requests.

Currently, DHS will still accept both initial and renewal applications but is prohibited from granting any of the initial requests and their accompanying asks for employment authorization. 

Looking forward, a decision is expected on pending litigation before the fifth circuit court. Veronica Garcia, a staff attorney for the Immigrant Legal Resource Center says the consensus in the legal community on this issue is that the court tends to be fairly conservative and a positive outcome would be surprising. "We don't foresee that there will be a positive solution soon," Garcia explains, "based on how the fifth circuit has previously ruled its not hopeful." 

Can DACA recipients travel?

DACA recipients can travel within the fifty states , and to US territories but to travel internationally 'advance parole; from US Citizenship and Immigration Services need to be granted prior to departure. 

Garcia says allowance for advance parole is "very narrow" though, permissible only for education, employment, or humanitarian reasons. 

Can DACA recipients join the military? 

It's complicated. DACA recipients can be drafted, Documented reports , as US law requires all male individuals between the ages of 18 and 25 to register with the Selective Service System, regardless of immigration status.

Enrolling voluntarily is a different story though. Since DACA recipients are still not Legal Permanent Residents, the right to enlist is not guaranteed. During the Bush Administration, the Military Accessions Vital to National Interests ( MAVNI ) program was enacted, and from 2014 to 2016 DACA recipients could enlist for service along with other immigrants, PBS News Hour reports .

In 2016, the military stopped accepting new recruits under the program though, citing identified security threats. In 2020 the Military Officers Association of America sent a letter to congress, urging legislative solutions for the 800 DACA recipients still in the military under MAVNI so their right to service might codified. 

How much does DACA cost?

US Citizenship and Immigration Services lists the filing fee for DACA as $495. The fee covers employment authorization and biometric services and there is not option to waive it. 

Can DACA recipients marry a US citizen?

Yes. The US doesn't have rules against non-citizens marrying citizens. This union will be legally binding just like any other. 

Can DACA guarantee a green card or citizenship?

No. DACA is strictly a program for deferral of deportation and work authorization. It does not guarantee a path to citizenship though this has been a wish list item for legislative champions of immigration reform for years.

As of now, the pathway that exists within the legal system is for a DACA recipient to receive legal permanent resident status via a green card, then apply for citizenship. This process is not available to everyone, however, as to attain a green card you need to have satisfied the the lawful entry requirement, entering with a valid U.S. visa. 

According to nonprofit ImmigrationHelp.org , you may be able to receive an immigrant visa if you have an immediate relative (e.g. spouse) who is a legal resident or citizen. Garcia confirms this is one of the most common ways people in the United States obtain legal permanent status. If you’ve entered the country lawfully, you can apply for a green card even through a relative even if you had some "unlawful presence" and spent time in the country without valid legal status. 

If entry to the country was unlawful, DACA recipients can still meet the lawful entry requirement through Advance Parole. This allows recipients to travel abroad and then lawfully re-enter the US. Once you have lawfully returned, you might gain eligibility for a green card if a family member petitions on your behalf. 

This isn't as easy as it sounds though, as if you haven't yet entered the country lawfully before, you’ll need to apply from your country of birth, often waiting three or ten years for re-entry if you don’t file have a lawyer file an unlawful presence waiver. 

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Deferred Action for Childhood Arrivals (DACA)

DACA temporarily delays the deportation of people without documentation who came to the U.S. as children. Renewal is not automatic. Learn how to keep your DACA status.

Information about DACA court decisions

U.S. district courts have determined that the DACA policy "is illegal." But those who had obtained DACA on or before July 16, 2021, will still be protected. They will also be able to renew their DACA and work authorization requests.

DACA renewals and work authorization

Learn about renewing your DACA request online , including:

• Who is eligible to renew
• When to file your renewal request
• What documents you need to submit

If you have DACA, you may be eligible for employment. Learn more about work authorization for DACA recipients.

Learn if you are eligible for DACA and how to apply

If you did not obtain DACA by July 16, 2021, you may still file for it and for work authorization. But at this time, the Department of Homeland Security will not be able to grant your initial request for DACA or work authorization.

See the U.S. Citizenship and Immigration Services DACA page to learn:

• When you came to the U.S.
• Your education or military status
• How to file for the first time and what documents you need to submit or renew your DACA request online

If you have further questions about DACA, check the U.S. Citizenship and Immigration Services’ (USCIS) FAQ page . If you cannot find an answer to your question there, you can call the USCIS Contact Center at 1-800-375-5283 (TTY: 1-800-767-1833).

LAST UPDATED: December 8, 2023

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Ask a real person any government-related question for free. They will get you the answer or let you know where to find it.

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How to travel if you're a DACA recipient

Linah Mohammad

Ashley Brown

Ailsa Chang

NPR's Ailsa Chang speaks with How to LA podcast host Brian De Los Santos about his recent trip to Mexico, his country of birth. It was his first time back in 30 years.

AILSA CHANG, HOST:

Even when we're lucky enough to have a chance to travel, the opportunity often comes with some anxieties.

BRIAN DE LOS SANTOS: Next thing is, like, how do I even get there? And it's super expensive. Like, I got to leave in about two weeks, so I know that prices are not going to be pretty. What are the gay-friendly spots? I don't even have a damn suitcase. Shoes...

CHANG: But what if an added anxiety was the possibility of leaving and being unable to return? For years, that had been the case for Brian De Los Santos. He's the host of the "How To LA" podcast from LAist Studios.

DE LOS SANTOS: I consider myself someone who is very well informed as a journalist, obviously, but I have been since I was told I was undocumented in middle school.

CHANG: He arrived in the U.S. from Veracruz, Mexico, at the age of 2, and in 2012 he became a beneficiary of the Deferred Action for Childhood Arrivals program, or DACA. That lifted the threat of deportation and allowed him to get a driver's license as well as other documents, but he could not leave the country because going back to Mexico would have risked his DACA status until very recently. He documented his trip back to his birth country for a special series called "Finding Home Con DACA." Brian De Los Santos joins us now. Welcome.

DE LOS SANTOS: Hi, Ailsa. Thanks for having me.

CHANG: Hi. So before we get to your trip to Mexico, can you just first talk about what it had been like growing up to be from a country, a homeland that you had no real relationship with for many, many years?

DE LOS SANTOS: Oh, wow. Well, I think the most meaningful things when I was growing up was a visit from Abuela, which only - one of my abuelas could actually come to LA and visit me, or those Skype or those telephone calls to Mexico. That was my only thread back to Mexico, was those visits or those phone calls. And for me, I'm lucky I grew up in LA and I'm able to exist within my Mexican culture here in this city, but it was always this thing of, like, am I American? Am I Mexican? - also, the whole threat of deportation, of not knowing what my future looked like, because I was undocumented until I was essentially 21. I just didn't know what my life would be like.

CHANG: Yeah. I mean, you talk about - in the first episode, you talk about how your immigration status before DACA put you essentially in what you called survival mode.

DE LOS SANTOS: Yeah.

CHANG: Can you talk more about that? What did you mean by survival mode?

DE LOS SANTOS: I think it's always kind of, like, looking over your shoulders, not just, like, from police and from, you know, getting pulled over and not having a driver's license, but also just, like, how do you kind of like be in stealth mode so people don't pay attention to you? For me, it was, like, kind of like, how do I survive in this country where I don't have permission to be here, essentially? When I became a DACA recipient, it was not just, like, becoming a DACA recipient. It was also like, OK, what do I have to do next to figure out how to stay here long term and eventually hopefully get a green card? And, you know, there still isn't a solution for DACA recipients right now.

CHANG: Exactly. And while you've been a DACA recipient, it's been unclear whether you could go back to Mexico without risking your immigration status. But eventually, you were able to leave California and go to Mexico. It's part of something called the Advance Parole Program. Can you explain what that program is?

DE LOS SANTOS: Yeah. First, I want to say that I'm not a lawyer, and I'm not 100% a legal expert. I just know through my own process. And there are three ways you can get this document - you apply through U.S. Immigration Services, and you ask them through humanitarian reasons, which is you got to go visit family, loved ones in your home country, or through school, which is - you know, you do a program or semester abroad, or a business trip. And those are the three reasons you can apply for advance parole. Now, you send your check in. You wait for your case number. You wait for immigration officials to essentially give you this document. But I do want to say, and this is why a lot of people don't do advance parole, you're not guaranteed reentry into the country. It says it right there in the letter they sent you. It says in big red letters that your reentry is at the discretion of the CPB official, essentially, when you're reentering the country.

CHANG: And you get to Mexico in late February of this year. And yet while you were there, you were constantly reminded of all the years that you had spent growing up in the U.S. Like, in Mexico City, there was this point where you ask a friend who lives there if he sees you as Mexican or as a gringo.

(SOUNDBITE OF ARCHIVED RECORDING)

UNIDENTIFIED PERSON: (Speaking Spanish).

DE LOS SANTOS: (Speaking Spanish).

CHANG: And he said, as a gringo.

DE LOS SANTOS: Yes.

CHANG: How did that feel, to hear him call you a gringo?

DE LOS SANTOS: Like a slap in the face, to be honest.

DE LOS SANTOS: But it also was a realization for me that I actually thought about throughout my whole trip in Mexico. It's also, like, the culture. Like, the references - I didn't understand some references that people, you know, said to me, and I had to, like, just ask them, like, what did you mean? (Speaking Spanish). And so, like, I understood the privilege I had just being able to live and work in the United States, but I also felt the sense of like, OK, that's the way people see me. And I've never felt like I was American enough to say that I'm a gringo, but I did realize that I do carry American culture with me.

CHANG: Yeah.

DE LOS SANTOS: My English and my Spanish are very different, obviously, from Mexicans and Mexico, but it's something that I you know, I had to learn.

CHANG: You - so much of your podcast, it's about the heartbreak that many immigrants experience and maybe is more intense for DACA recipients specifically. And what I mean by that is, like, you know, on the one hand you're trying to prove that the U.S. is where you belong, but at the same time, on the other hand, you have the pain of being cut off from your family, your heritage. Does someone ever reconcile those feelings, you think? Do you think you will?

DE LOS SANTOS: I have been learning a lot to let go of things I can't control, and this is just me speaking for myself. And I've learned that my status in this country is something that I can't really control. I do want to say that a lot of people have written to me because I've shared my immigration story before, not just on this podcast, but in different places I've worked at in journalism. People ask me, well, why can't you just, you know, go and stand in line through the immigration process? And I tell them it's way more complicated than that. It's not as clear-cut as people may think.

And so me just being at peace that I'm trying my best to figure out where I stand in this country, and later, that does affect who I am in this country. I think I'm working towards, at least I got to do this trip and got to know a little bit of my heritage. I think there's always going to be a piece of me that I'm always going to be missing, just having the opportunity to be in Mexico. But I do realize who I am, and I'm still learning. I think that's what I want to say. I'm still learning who I am.

CHANG: Yeah, I am, too. And I know that you've talked to other DACA recipients for this series who probably feel very similarly. Brian De Los Santos is the host of the "How To LA" podcast from LAist Studios. His three-part series "Finding Home Con DACA" is available now. Brian, thank you so, so much for this.

DE LOS SANTOS: Thank you, Ailsa.

Copyright © 2023 NPR. All rights reserved. Visit our website terms of use and permissions pages at www.npr.org for further information.

NPR transcripts are created on a rush deadline by an NPR contractor. This text may not be in its final form and may be updated or revised in the future. Accuracy and availability may vary. The authoritative record of NPR’s programming is the audio record.

Can DACA Recipients Become U.S. Citizens?

In 2012 President Obama passed an Executive Order that launched the Deferred Action for Childhood Arrivals (DACA) program for millions of undocumented youth in the United States called Dreamers. DACA provides protection from deportation for eligible Dreamers, but it doesn't provide a pathway to long-term lawful permanent residence in the United States. Over the years, lawmakers have proposed many different laws to grant Dreamers a clear path to permanent residence and eventual citizenship, but none have passed yet. Still, it may be possible for some DACA recipients to get green cards and then naturalize as American citizens. This article explains the barriers to citizenship for DACA recipients and discusses the conditions under which some DACA recipients could get green cards and later naturalize.

Written by Jonathan Petts .  Updated October 2, 2022

Why Can't DACA Recipients Apply for Citizenship?

Deferred Action for Childhood Arrivals (DACA) recipients have access to important benefits such as employment authorization and protection from deportation. DACA recipients can submit DACA renewals every two years to keep their work authorization (work permit) and the ability to remain in the country. But people with DACA status don’t yet have a direct path to citizenship in U.S. immigration law. 

DREAM Act Reform

Congress has debated immigration reform, including multiple drafts of the Development, Relief, and Education for Alien Minors (DREAM) Act, several times over the last two decades. In the bill proposal, the Act would protect people in Temporary Protected Status (TPS) and would give Dreamers eligibility for permanent resident status. Permanent resident Dreamers could then apply for lawful immigration status for their undocumented family members. The Act would also provide a pathway to citizenship.

The bill has passed in the House of Representatives several times, but never in the Senate. The House of Representatives has approved the most recent  2021 DREAM and Promise Act . Now, it is up to the Senate to decide on the Act. President Biden has said he supports the Act, but the administration has yet to make headway to pave the way for DACA recipients’ citizenship.

Still, if a DACA recipient can manage to get permanent residence, they may be able to pave their way to citizenship. An example would be getting a green card through marriage .

How Can DACA Recipients Become Permanent Residents?

Some Deferred Action for Childhood Arrivals (DACA) recipients may be able to apply for permanent resident legal status.

If you’re a DACA recipient who entered the country lawfully — that is, with a valid U.S. visa — then you satisfy the lawful entry requirement for a green card. You may be able to petition U.S. Citizenship and Immigration Services (USCIS) for an immigrant visa if you have an immediate relative like a  spouse  with U.S. citizenship or lawful permanent residence.

If you’ve entered the country lawfully, you can apply for a green card from within the United States. You can apply for the green card even if you have some unlawful presence. For example, if you spent time in the United States without a valid legal status. 

What if You Entered the U.S. Without a Valid Visa?

Many people entered the United States unlawfully, without a valid immigrant visa. In this case, you don’t yet meet the legal entry requirement. But you can meet the lawful entry requirement through  Advance Parole .

Advance Parole travel documents allow DACA recipients to travel abroad and lawfully re-enter the U.S. when they return. Once you have lawfully re-entered the country, you may become eligible to apply for a green card. Still, if you haven’t yet entered the country lawfully, you’ll have to  apply from your country of birth , usually after waiting out a three or 10-year re-entry bar if you don’t file an unlawful presence waiver with a lawyer’s help.

When Can You Naturalize After You Have a Green Card?

If you hold a green card for several years, you can eventually  apply for naturalization  to become a U.S. citizen. U.S. veterans can naturalize after three years. Non-veterans qualify for naturalization after five years of being a lawful permanent resident.

Once you are naturalized, you are a lawful U.S. citizen. Naturalization allows you to vote in U.S. elections, enter and exit the United States for travel, and apply to get green cards for your eligible family members. The process takes about 7-15 months and will cost $725.

Continue reading and learning!

For: Allies , Immigrants

• August 13, 2021
• Updated: December 5, 2023

Guidance for DACA Recipients and Legal Practitioners – Frequently Asked Questions

[UPDATE ON 10/26/2023]   – On September 13, 2023, Judge Hanen in Texas found the new 2022 DACA regulations unlawful for similar reasons that he had previously found DACA under the 2012 policy memorandum unlawful. But the court again partially paused its decision, which allows current DACA recipients to continue to renew and apply for advance parole if they are eligible while the decision is appealed to higher courts. 

For now, those who currently have DACA, or those whose DACA has expired within one year, can continue to renew and advance parole remains available . Initial DACA requests (and late renewal requests from those whose DACA expired over a year ago) can be filed, but will not be granted at this time . The litigation is ongoing and we encourage you to periodically visit our website and follow us on social media to learn of any new developments.   To receive the latest updates and developments on DACA ,sign up here

I currently have DACA. How does the latest court ruling affect me?

If you currently have DACA, your DACA and work permit are still valid. You can still use your social security number and work permit; everything stays the same with your current DACA status. Don’t let your DACA and work permit expire. Consider renewing, ideally with the assistance from an accredited organization or an immigration attorney now! Also consider discussing travel on Advance Parole with an accredited organization or immigration attorney.

Questions on first-time (initial) DACA requests.

Judge hanen ruled again that uscis cannot grant daca to new daca requestors. i have never had daca before and filed a request before the recent hanen decisions. what will happen next.

Judge Hanen’s recent orders, like his 2021 order,  prohibit USCIS from granting any first-time initial DACA requests at this time.  If you filed your first-time initial DACA request with USCIS but it was NOT granted or denied, USCIS continues to hold your request and your payment, but will not approve or deny your request until further notice. 

Are first-time DACA requests automatically rejected now?

No. USCIS can still accept first-time initial DACA requests (meaning USCIS will not reject and return your request) but cannot grant requests at this time due to Judge Hanen’s orders. 

I was planning on sending my first-time request out soon. Should I still?

Judge Hanen’s orders prohibit USCIS from granting any first-time initial DACA requests at this time, even though initial requests can be accepted for filing. We recommend that you consult with an immigration attorney or accredited representative before filing your request. As litigation proceeds through the courts, we will keep you updated here.

Does the new DACA rule change anything?

Not currently. The rule has been partially enjoined by Judge Hanen, and first-time requests will not be granted. However, renewals and advance parole continue for current recipients of DACA.

Am I at risk of deportation now?

President Biden and DHS have made it clear that Dreamers are not a priority for deportation. Even Judge Hanen’s orders state that his decision does not require “DHS or Department of Justice to take any immigration, deportation, or criminal action against any DACA recipient, applicant, or any other individual.”

If you do have any problems with Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP), please download Notifica from UWD’s Deportation Defense as well as your Senator or Representative , who may be able to liaise with ICE on your behalf.

Questions on DACA Renewals

Are renewal daca requests being processed .

Yes. If your DACA has not expired or expired within one year, USCIS will continue accepting and processing DACA renewal requests unless and until there is a higher court order saying otherwise. Don’t let your DACA and work permit expire. Consider renewing, ideally with the assistance from an accredited organization or an immigration attorney.  If your DACA expires soon, renew now!

Should I renew early?

We recommend that you consult with an immigration attorney or accredited representative to determine the best timing for your DACA renewal request.  Due to the ongoing litigation, there may be a limited window of opportunity to apply for renewal. USCIS encourages renewals to be filed between 120 and 150 days prior to the expiration of your DACA. However, USCIS will accept renewal forms earlier than 150 days before expiration. USCIS may hold early-filed requests and not process them until they are within 150 days of the current DACA period expiration. Or, USCIS may process early-filed requests quickly, which could result in cutting short the current DACA grant and having the new DACA grant expire sooner than it would have if the renewal had been processed later. 

Can I submit an expedite request for my DACA? 

While USCIS does not currently process formal expedite requests from DACA requestors, it is our understanding that USCIS may still consider circumstances– such as those described on USCIS’ expedite request webpage — that warrant more expeditious processing. We therefore encourage you to include any information that may be helpful to USCIS in processing your renewal in a cover letter that you include with your DACA renewal filing. 

Can I file online?

Yes, DACA renewals can be filed online. Current DACA recipients must first create a USCIS online account in order to file Forms I-821D (DACA), I-765 (application for work authorization) and I-765WS online. The online account provides a potentially quick method of submitting forms, paying fees, and tracking the status of USCIS applications. This is only applicable to DACA renewal requests. It is always recommended to receive assistance from an accredited organization or an immigration attorney when filing any immigration documents and they may be able to help troubleshoot issues when applying online. 

How should I pay for my renewal?

You should include two separate payments in your request, one for each form. For example, if you are paying by check you must include a check for $410 for the Form I-765 and a separate check for $85 for the Form I-821D. Checks that are made for $495 (the full cost of requesting DACA) may be returned and USCIS may reject the entire package. USCIS has indicated that it will no longer accept one bundled payment (check, money order, etc.) for all the forms you include in your request for DACA.

If you need financial help, please see “Additional Resources” at bottom.

How long will USCIS be accepting DACA renewal filings?

USCIS is likely to continue accepting and processing DACA renewal requests until there is a court order mandating otherwise. Judge Hanen ruled that DACA under the new rule is unlawful. (Judge Hanen and the Fifth Circuit also previously ruled that DACA under the 2012 memorandum is unlawful). However, Judge Hanen has permitted renewals to continue to be processed and granted by USCIS, for now. It is likely that Judge Hanen’s recent orders will be appealed. 

I would like to renew my deferred action and work authorization under DACA, but my DACA lapsed for a year or more. What does this mean for me? 

If you submit a DACA request a year or more after your last DACA grant expired or after your most recent DACA grant was terminated, your request is currently considered by USCIS as an initial request and will not be granted at this time . USCIS will accept these requests for filing, accept the payment and issue receipt notices, but will not process or approve these filings at this time. See the guidance provided by USCIS.

Not really. The new DACA rule went into effect on October 31, 2022, except as to initial DACA requests. The new rule maintains the same eligibility requirements and process as the 2012 DACA policy. Judge Hanen has ruled that both the new rule and the 2012 policy are unlawful, but has permitted renewals to continue for now. 

Questions on Advance Parole

Is advance parole open for daca recipients right now.

Yes. According to the current guidance from USCIS, the agency will continue to process and grant advance parole for current DACA recipients. We recommend that you consult with an immigration attorney or accredited representative before applying for advance parole and before traveling outside the U.S. Due to the ongoing litigation, there may be a limited window of opportunity to apply for advance parole.

I was approved for advance parole, how will the Fifth Circuit’s decision and Judge Hanen’s decision affect me?

We recommend that you consult with an immigration attorney or accredited representative before traveling outside the U.S. Judge Hanen’s decision permits Customs and Border Protection (CBP) to honor advance parole granted to DACA recipients by USCIS, but the individual will still be subject to an immigration inspection at the port of entry. It is unclear how travel on advance parole will be impacted by future court orders.

My advance parole request is still pending. Will USCIS process it?

According to the current guidance from USCIS, the agency will continue to process and grant advance parole to current DACA recipients. We recommend that you consult with an immigration attorney or accredited representative before traveling outside the U.S. Judge Hanen’s decision permits US Customs and Border Protection (CBP) to honor advance parole granted to DACA recipients by USCIS, but the individual will still be subject to an immigration inspection at the port of entry. It is unclear how travel on advance parole will be impacted by future court orders.

I have DACA and am currently outside the United States with advance parole. Can I still return to the U.S. using my advance parole under DACA? 

Judge Hanen’s decision permits CBP to honor advance parole granted to DACA recipients by USCIS, but the individual will still be subject to an immigration inspection at the port of entry. It is unclear how travel on advance parole will be impacted by future court orders.

Will Judge Hanen’s latest decision be appealed?

After Judge Hanen’s September 13, 2023 decision, any party could appeal further to the Fifth Circuit and, from there, to the Supreme Court of the United States. 

I heard that the processing of DACA requests is taking a long time. What is the current status?

Anecdotally we’ve heard that many DACA renewal requests have been processed within 90 days. In March 2022, USCIS announced changes to processing times and established new internal cycle time goals . New cycle time goals include 6 months for I-821D DACA renewals. It’s hard to determine what this means for DACA renewal processing since many cases are processed much faster. You can look up processing times per service center here and your case status here .

Am I at risk of deportation if my DACA request cannot be granted?

President Biden and DHS have made it clear that “Dreamers” are not a priority for deportation. Even Judge Hanen said in his recent order that his decision does not require “DHS or the Department of Justice to take any immigration, deportation, or criminal action against any DACA recipient, applicant, or any other individual that would not otherwise be taken.”

If you currently have DACA, the best protection against deportation is to ensure that you don’t lose this protection. If your DACA expires soon, renew now!

What can we do now?

It’s important that Congress pass legislation that provides pathways to citizenship for undocumented immigrants, including immigrant youth and DACA recipients. If you’re a DACA recipient, know that you are lawfully present in the U.S. and have rights.

Take Action

We’ve known since the beginning that DACA is not enough. Now more than ever, we need President Biden to be bold in protecting DACA recipients and DACA-eligible youth by defending DACA in court and pushing Congress to take action to pass permanent protections, like citizenship, for all undocumented people.

Democrats must take action now! The writing is on the wall, unless Biden and Congress take action soon, DACA will end on their watch. They must ACT NOW to permanently protect all immigrant youth, our families, and our communities. Text “HOME IS HERE” to 787-57 to demand action NOW! 

We won’t go back, we won’t back down. We are here to stay! Text DACAINFO to 787-57 to demand action RIGHT NOW and get the latest updates!

Additional Resources

• Financial help for DACA requesters – for a how-to renew guide, and a list of organizations that provide financial help
• DACA Renewal Fund – to Donate
• Map of low-income & pro-bono lawyers across the country. : https://www.immigrationlawhelp.org/

Receive DACA Updates

Related resources, view all ».

USCIS Announces DACA Fee Increase

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Top 5 things you need to know about the latest daca decision..

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After lawsuit, DACA recipients win permits to travel outside the U.S. — and come back legally

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After a Long Beach educational organization sued the Biden administration last month, several dozen immigrants have received travel permits to study abroad.

The approvals came just in time for the students’ trip to Mexico, which is part of a Cal State Long Beach program and is scheduled to begin Saturday.

All the applicants have been spared from deportation under the Deferred Action for Childhood Arrivals program, which temporarily shields so-called Dreamers who came to the United States as children and have lived here without legal immigration status. A provision under DACA allows for legal travel for work, school or humanitarian reasons.

The complaint filed against the Biden administration in April had sought a response from immigration authorities to the applications that 84 Dreamers submitted nine months ago. They’d had to push their trip back by five months because of the delayed reply.

Attorney Jorge Gonzalez said some of the applicants had received notices saying their paperwork would not be expedited. After the lawsuit was filed, he noticed a change — applicants started receiving notification that their travel documents were being generated.

“This is a timeliness issue,” he said. “If it’s not granted in time, then it’s worthless.”

A U.S. Citizenship and Immigration Services spokeswoman said the agency has been working diligently to resolve the issue but would not comment further on pending litigation.

Last week, 22 members of Congress signed a letter written by Rep. Alan Lowenthal (D-Long Beach) urging immigration officials to speed up processing times.

“Applications for travel authorization are currently ranging from three months to more than two years, preventing DACA recipients from traveling to attend to family emergencies or for legitimate educational reasons,” Lowenthal wrote.

Shoba Sivaprasad Wadhia, a law professor and director of the Center for Immigrants’ Rights Clinic at Penn State Law, said the outcome sends a signal that USCIS can process the applications more quickly.

“I am cautiously optimistic that USCIS will continue to process advance parole applications for DACA recipients consistent with the court order and the administration’s own commitment to preserve DACA,” she said, using the formal term for the process by which Dreamers and certain other immigrants can apply to travel.

“Moving forward, USCIS should invest the resources necessary to ensure that all applications for advance parole by DACA recipients are processed in a timely manner — this should be done without pressure from Congress or litigation.”

Winning the approvals also removes some of the hurdles that have kept those DACA recipients from gaining citizenship, a pathway that had been blocked when President Trump moved to end DACA entirely in 2017. It has remained closed off for many Dreamers, despite a 2020 Supreme Court ruling that the Obama-era program, which protected some 700,000 Dreamers, must be restored.

Before Trump moved to end the program, nearly 46,000 DACA recipients nationwide were approved for international travel under the advance parole provision.

The California-Mexico Studies Center, a named plaintiff in the lawsuit, had led more than 160 DACA recipients on study-abroad trips before 2018. The program isn’t for academic credit.

Beyond allowing Dreamers to reconnect with family, there’s a deeper reason that receiving advance parole is significant. Immigrants who leave the U.S. after having entered without authorization are penalized. Returning to the U.S. through an established port of entry erases those penalties, clearing the way for a DACA recipient who has someone to sponsor them for legal residency, such as a U.S. citizen parent or spouse.

For some, the news came too late. After the recent death of her grandmother, one applicant said she no longer had a reason to attend. Four dropped out, and 79 of the 80 remaining applicants were approved to travel.

Another 130 DACA recipients hoping to study abroad later this summer through the California-Mexico Studies Center have pending travel applications.

Gonzalez said the lawsuit has generated interest among immigration lawyers. The question now, he said, is whether federal immigration authorities will begin to more quickly process travel applications for all DACA recipients.

If the plaintiffs can’t reach an amicable agreement with the federal government, they could seek a class-action lawsuit. Gonzalez said the goal is to establish a timeliness standard for all future applicants.

He also sees the lawsuit as a catalyst for working toward something bigger — getting rid of the years-long penalties associated with unlawful entry.

“Biden is talking about immigration reform in little steps,” he said. “We’re playing the long game.”

More to Read

Judge dismisses states’ challenge to Biden program allowing entry to migrants from 4 countries

March 8, 2024

‘Everything’s like a gamble’: U.S. immigration policies leave lives in limbo

Nov. 30, 2023

Tensions simmer as new and older immigrants to U.S. strive for work permits

Nov. 27, 2023

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Andrea Castillo covers immigration. Before joining the Los Angeles Times, she covered immigrant, ethnic and LGBTQ+ communities for the Fresno Bee. She got her start at the Oregonian in Portland. A native of Seattle, she’s been making her way down the West Coast since her graduation from Washington State University.

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I'm a DACA recipient in college. My story is more common than you think: It's the future.

A s young Latinos are one of the nation’s fastest-growing populations in the United States, the time has come to show that we have the exact same career expectations, dreams and ambitions as our peers.

In Arizona,  Proposition 308 is an opportunity for more students, regardless of immigration status, to access in-state tuition while demonstrating we belong in the education system and can access a path to grow and thrive. The legislation enables anyone who has lived in Arizona for two or more years and graduated from an Arizona high school to attend the state’s colleges.

Students who meet eligibility requirements can access affordable tuition and are eligible for financial aid, including grants, scholarships or tuition waivers.

Start the day smarter. Get all the news you need in your inbox each morning.

My immigration status was a liability

Before Proposition 308 passed  in 2022, the uncertainty of my immigration status became a liability in the pursuit of education.

After graduating high school in 2015, I went to Paradise Valley Community College, a public community college in Phoenix. As a Deferred Action for Childhood Arrivals (DACA) recipient, I had access to in-state tuition.

But two years later, the Justice Department announced the ending of DACA , the Obama-era program that allowed undocumented immigrants who came to the United States as children to remain in the country.

And in the spring of 2018, the Arizona Supreme Court upheld a 2006 voter-approved law that restricted state-funded services and benefits, including in-state tuition, to people who have legal status.

Enrollment in Maricopa Community Colleges plunged 40% that fall .

U.S. immigration system fails: Defendants are excluded from the right to legal representation in immigration court. It's time to change that.

This led me to join Aliento, a local community organization that advocates for the well-being of undocumented, DACA and mixed immigration status families.

Aliento’s advocacy efforts contributed to the passing of Proposition 308 with campaigns that involved legislators, community members, friends, families and leaders.

I'm working to become a doctor. Undocumented and DACA students like me are the future.

After Arizonans approved Proposition 308, I was finally accepted into a competitive program.

As a proud Latina and a nursing student who struggled to enroll in college with the dream of becoming a doctor, I’ve learned the importance of organizations such as Aliento, using one’s own voice and joining conversations to ensure more young students receive opportunities like those that Proposition 308 provides. 

How much does college really cost? Why the college application process isn't adding up for students – and how to help them

The  2021 American Community Survey  found that more than 408,000 undocumented students are enrolled in U.S. colleges and universities, making up 1.9% of all college students in the country.

This estimate represents a decrease of 4% since 2019, when 427,000 undocumented students were enrolled.

Proposition 308 means hope for hundreds of students to pursue their dreams. It recognizes the value and potential of youth to build a stronger economic future for our state.

Since its passage, eligible students’ tuition has been reduced by more than 150% since the start of the 2023 spring semester.

Let's open more doors for students of all backgrounds

Expanding this access to higher education still faces many challenges, such as misinformation, discrimination, stereotypes and inequality.

This can only be remedied when community members rely on each other and work together with common goals for an inclusive education and the well-being of youth.

Therefore, we need the support of universities, colleges, legislators, media, fellow students and the general community to open more doors for students experiencing a disconnect between high school, college and noncollege education programs.

This can be done through outreach efforts to successfully raise awareness about the benefits and eligibility for in-state tuition, including scholarships from the likes of Helios Education Foundation, Arizona Community Foundation, the three state universities and Maricopa Community Colleges.

Empowering more students to enroll in college can translate into massive benefits to Arizona and our country. 

It is our state’s effort to tackle society’s education challenges and provide pathways to success for students of all backgrounds.

Our goal is to solidify the progress that was made for students.

As more students fill classrooms and schools, more students can share their dreams and touch hearts with our stories, so that people know we belong in the United States, our country, and the opportunities it has to offer.

Maria Leon is a recipient of Arizona’s Future Fellowship of Aliento and an advocate for accessible and equitable higher education. This column was originally published in The Arizona Republic .

This article originally appeared on Arizona Republic: I'm a DACA recipient in college. My story is more common than you think: It's the future.

I'm a DACA recipient in college. Why it's important to share stories like mine

Opinion: thanks to a 2022 measure granting in-state tuition, arizona students like me have a chance to prove we belong in the education system..

Clarifications & Corrections: The headlines of an earlier version of the column erroneously described the status of the author. Maria Leon is a Deferred Action for Childhood Arrivals (DACA) recipient.

As young Latinos are one of the nation’s fastest-growing populations in the U.S., the time has come to show that we have the exact same career expectations, dreams and ambitions as our peers.

In Arizona,  Proposition 308 is an opportunity for more students, regardless of immigration status, to access in-state tuition while demonstrating we belong in the education system and can access a path to grow and thrive.

The legislation enables anyone who has lived in Arizona for two or more years and graduated from an Arizona high school to attend the state’s colleges.

Students who meet eligibility requirements can access affordable tuition and are eligible for financial aid, including grants, scholarships or tuition waivers.

My immigration status was a liability

Before Proposition 308 passed  in 2022, the uncertainty of my immigration status became a liability in the pursuit of education.

After graduating high school in 2015, I went to Paradise Valley Community College, a public community college in Phoenix. As a Deferred Action for Childhood Arrivals (DACA) recipient, I had access to in-state tuition.

But two years later, the Justice Department announced the ending of DACA, the Obama-era program that allowed undocumented immigrants who came to the U.S. as children to remain in the country.

And in the spring of 2018, the Arizona Supreme Court upheld a 2006 voter-approved law that restricted state-funded services and benefits, including in-state tuition, to people who have legal status.

Enrollment in Maricopa Community Colleges plunged 40% that fall .

This led me to join Aliento, a local community organization that advocates for the well-being of undocumented, DACA and mixed immigration status families.

Aliento’s advocacy efforts contributed to the passing of Proposition 308 with campaigns that involved legislators, community members, friends, families and leaders.

Now, I'm working to become a doctor

After Arizonans approved Proposition 308, I was finally accepted into a competitive program.

As a proud Latina and a nursing student who struggled to enroll in college with the dream of becoming a doctor, I’ve learned the importance of organizations such as Aliento, using one’s own voice and joining conversations to ensure more young students receive opportunities like those that Proposition 308 provides. 

The  2021 American Community Survey  found that more than 408,000 undocumented students are enrolled in U.S. colleges and universities, comprising 1.9% of all college students in the country.

This estimate represents a decrease of 4.2% since 2019, when 427,000 undocumented students were enrolled.

Proposition 308: Can help right many wrongs

Proposition 308 means hope for hundreds of students to pursue their dreams. It recognizes the value and potential of youth to build a stronger economic future for our state.

Since its passage, eligible students’ tuition has been reduced by more than 150% since the start of the 2023 spring semester.

Let's open more doors for Arizona students

Expanding this access to higher education still faces many challenges, such as misinformation, discrimination, stereotypes and inequality.

This can only be remedied when community members rely on each other and work together with common goals for an inclusive education and the well-being of youth.

Therefore, we need the support of universities, colleges, legislators, media, fellow students and the general community to open more doors for students experiencing a disconnect between high school, college and non-college education programs.

This can be done through outreach efforts to successfully raise awareness about the benefits and eligibility for in-state tuition, including scholarships from the likes of Helios Education Foundation, Arizona Community Foundation, the three state universities and Maricopa Community Colleges.

Empowering more students to enroll in college can translate into massive benefits to Arizona and our country. 

It is our state’s effort to tackle society’s education challenges and provide pathways to success for students of all backgrounds.

Our goal is to solidify the progress that was made for students.

As more students fill classrooms and schools, more students can share their dreams and touch hearts with our stories, so that people know we belong in the United States, our country, and the opportunities it has to offer.

Maria Leon is a recipient of Arizona’s Future Fellowship of Aliento and an advocate for accessible and equitable higher education. On X, formerly Twitter: @MariaSLeonPena .