can daca recipients travel within the u.s. 2023

What’s the current status of DACA? Here’s what you need to know

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Despite more than a decade of political and legal attacks, nearly 600,000 people are still receiving the benefits of the Deferred Action for Childhood Arrivals program, renewing their DACA designations in two-year increments.

The program’s future, however, remains clouded.

The Obama administration established DACA in 2012 as a “temporary stopgap measure” to allow Dreamers — immigrants brought to this country without authorization before they turned 16 — to work, travel and get higher education legally. It was never meant to be a path to citizenship or a permanent fix.

The program initially protected more than 800,000 immigrants brought to the U.S. prior to June 15, 2007. That number has dwindled as many have either failed to renew their applications or adjusted their status in other ways, such as by marrying a U.S. citizen. Some have voluntarily left the country in favor of places that can grant them permanent citizenship.

Here’s a breakdown of where things stand, what the program currently offers, and what might happen in the future.

DACA’s current legal troubles

The Supreme Court appeared to rescue DACA in 2020, ruling that the Trump administration had violated federal procedural rules when it ordered the program terminated in 2017. But a year later, U.S. District Judge Andrew S. Hanen in Houston ruled against the program, declaring that the Department of Homeland Security memorandum that created DACA had exceeded its authority and violated federal procedural rules.

Hanen allowed the government to continue the program for current enrollees, but not to sign up any new ones. That remains the status quo.

Last year, the 5th Circuit Court of Appeals upheld Hanen’s ruling . But the panel sent the case back to his court to consider a new DACA rule issued by the Biden administration in August 2022.

On Sept. 13, , Hanen once again ruled that DACA is unlawful, as most legal analysts expected he would. Also as expected, he put his order on hold for all current DACA recipients, meaning that their benefits will continue with no change pending further litigation. The case is likely to once again be appealed to the 5th Circuit and ultimately to the Supreme Court.

What does that mean for DACA recipients right now?

Under the Biden administration’s rule, which currently governs the program, existing recipients can apply to renew their DACA status every two years, paying a $495 filing fee each time. The fee includes the cost of fingerprinting, a background check and a work permit.

The rule makes clear that expunged convictions, juvenile delinquency adjudications and convictions under state laws for immigration-related offenses don’t disqualify a person from DACA.

“It gives them enough security to think about from now until 2025, is the bottom line,” said Jennie Murray, president and CEO of the National Immigration Forum , a nonprofit that advocates for immigration reform.

In addition to allowing recipients to work legally, DACA also allows people to obtain advance parole under certain circumstances, which means they can travel legally to other countries and do not need to obtain a visa to return to the U.S.

DACA recipients can request advance parole only when traveling for employment, humanitarian or education reasons.

Examples of humanitarian reasons include traveling to obtain medical treatment, attending funeral services for a family member or visiting a sick or elderly relative, according to Monica Andrade, manager of state policy for the Presidents’ Alliance on Higher Education and Immigration.

Examples of employment reasons include overseas assignments, interviews, conferences and training.

“As of July 2023, it is taking approximately 4 to 8 months for [U.S. Citizenship and Immigration Services] to process a mailed advance parole application, but if a DACA recipient needs to travel urgently for humanitarian reasons, they can apply for emergency advance parole in person at their local USCIS field office,” she said.

Obtaining advance parole doesn’t guarantee a DACA recipient will be able to get back into the country, however. The decision to allow someone to physically enter the U.S. is up to the discretion of the U.S. Customs and Border Protection office at a port of entry, Andrade said.

The Presidents’ Alliance on Higher Education and Immigration, which has an online guide detailing how to apply for advance parole, lists other factors that could make it harder for DACA recipients to reenter the country, including:

• Traveling outside the parole date authorized by the advance parole document
• Traveling with an expired DACA authorization (the expiration date can be found on the employment authorization document)
• Having a prior deportation or “voluntary departure” order
• Having spent multiple prior periods unlawfully present in the U.S.
• Having a record of contacts with the criminal system — whether they resulted in a conviction or not — that could lead to an “inadmissibility” finding

Andrade and Marissa Montes, director of the Loyola Immigrant Justice Clinic , advise that recipients consult with an immigration attorney about the risk factors that apply to them if they decide to apply for advance parole.

If a DACA recipient hasn’t already done a full immigration consultation, Montes added, they should.

“Go check in and consult with an immigration attorney every now and then to see if something’s happened, changed or maybe you’ve never actually done a full consultation.... You [could find out you] might qualify for something,” she said.

For example, she’s had some clients find opportunities for employment-based visas — every case is unique.

A full consultation could cost from $100 to $150, but Montes said there are legal firms and clinics that provide services at free or low-cost. The Loyola Immigrant Justice Clinic, for example, offers free consultations twice a month.

If you’re looking for an attorney, Montes advises you search for one on the California State Bar website . All of an attorney’s practice information is there, along with information on whether the attorney has been sanctioned, disciplined or disbarred.

“I always tell people that shopping for an attorney is like shopping for a doctor — you should just go for someone that gives you a good vibe and that you can connect with,” she said.

What can happen to DACA in the future?

DACA being in limbo frustrates recipients, advocates, and immigration attorneys, Montes said.

“I don’t know if there’s anything that can necessarily be done to alleviate that sense of uncertainty,” she added.

Murray of the National Immigration Forum cited two major sources of trepidation among DACA supporters.

One is the statement by House Speaker Kevin McCarthy (R-Bakersfield) that House Republicans no longer want to include a solution for Dreamers in legislation to beef up border security. They’re willing to address the two issues in parallel, she said, but they don’t want the bills to be combined.

The other thing, Murray said, is the number of Dreamers (including those who aren’t DACA recipients). The Migration Policy Institute estimates that as of 2022, more than 1 million individuals would be eligible to participate in DACA, based on the original criteria.

That’s a sticking point for any legislative action because it raises questions about how many individuals a program would cover and what criteria would apply.

“But what we continue to urge Congress is to look at all the 600,000 [DACA recipients] that we have already protected that are incredible contributing parts of our society, and we have no reason to believe that the whole 1 million folks wouldn’t be the exact same contributors that are already established in our communities,” Murray said.

Even if DACA is ultimately ruled unlawful, Murray said, she doesn’t think the courts would order DACA recipients to be summarily removed from the country, “even in areas where we have the most difficult rhetoric.” But she is worried that the recipients’ work permits would become void, rendering them unable to work legally in the U.S.

For now, DACA recipients should stay informed and seek legal guidance when necessary, legal experts and immigrant advocates advise.

“One thing that we all have, as people of color who come from low-income communities or immigrant backgrounds, is that we’re resilient,” Montes said she tells her students.

More to Read

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March 8, 2024

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

Nov. 30, 2023

California’s population of unauthorized immigrants has dropped, report says

Nov. 16, 2023

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Karen Garcia is a reporter on the Fast Break Desk, the team that has a pulse on breaking news at the Los Angeles Times. She was previously a reporter on the Utility Journalism Team, which focused on service journalism. Her previous stints include reporting for the San Luis Obispo New Times and KCBX Central Coast Public Radio.

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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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Traveling with Advance Parole in 2024

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Introduction

This guide contains information on advance parole and what to expect before, during, and after traveling abroad.

USCIS continues to accept and adjudicate advance parole applications filed by DACA recipients.

*The September 13, 2o23 order from the Southern District of Texas and the ongoing DACA litigation has not stopped USCIS from issuing advance parole documents to DACA recipients. If that should change, USCIS will provide updated information.

Advance parole is a procedure by which certain noncitizens receive permission to reenter the U.S. after temporarily traveling abroad. This is a process that is part of the government’s broader authority to parole (or allow someone into the U.S.) based on its discretion.

U.S. Citizenship and Immigration Services (USCIS) issues an advance parole travel document to travelers before they depart the U.S. While these travelers may use this document to travel back to the U.S., entry to the U.S. is dependent upon the discretion of the Customs and Border Protection (CBP) officer at a port of entry.

U.S. Citizenship and Immigration Services (USCIS), which is an office within the Department of Homeland Security (DHS), adjudicates applications for advance parole.

Advance parole is an option for certain noncitizens within the U.S. This includes recipients of Deferred Action for Childhood Arrivals (DACA), recipients of Temporary Protected Status (TPS), T and U visa holders, and most applicants who have already applied for a green card. In this guide, we will discuss advance parole for DACA recipients.

• You cannot apply for advance parole while your DACA application is pending or if your DACA, employment authorization document (EAD), has expired. If you apply for advance parole and your DACA expires while you are awaiting adjudication, USCIS may issue a Request For Evidence (RFE) that your DACA has been renewed. You must have a valid, unexpired passport from your country of citizenship to travel internationally.
• Study abroad programs or academic research
• Overseas assignments, conferences, interviews, trainings, or client meetings
• Humanitarian purposes include, but are not limited to Seeking medical treatment, visiting an ailing relative, or attending funeral services for a family member.
• Please note that this USCIS guidance is not an exhaustive list of examples. For example, an educational purpose may be a program through a private educational program or a non-profit organization. A humanitarian purpose might be a religious or other humanitarian mission. If the purpose for which you are seeking to travel is not listed, we suggest that you consult with a legal service provider . They may be able to help you understand how your travel fits within a valid purpose.
• Before you apply for advance parole, you should consider consulting with a legal service provider to determine risk and eligibility based on your legal situation.
• Prior case in immigration court, whether or not you actually went to court or the case resulted in a removal order
• Contact with the criminal legal system (arrests, charges, or convictions), even if it did not make you ineligible for DACA
• Multiple prior entries to the U.S. without permission to re-enter
• Immigration-related fraud or misrepresentation to the government

How do I apply for advance parole?

• Write a cover letter: Explaining the purpose of travel and summarizing the documents included in your application ( see example )
• Fill out the advance parole application: USCIS Form I-131 (Read the instructions carefully!) Currently, you must file a paper application and cannot apply for advance parole through the myUSCIS portal.
• Write a statement explaining purpose of travel
• Gather evidence supporting purpose of travel (see chart below)
• A copy of your most recent DACA Approval Notice (USCIS Form I-797)
• A copy of your Employment Authorization Document
• Two passport-sized photos
• Application Fee (currently $575) personal check, cashier’s check or money order payable to the “U.S. Department of Homeland Security”. For the latest USCIS fees, visit their website .

The following chart suggests some forms of evidence that can help applicants with DACA demonstrate their valid purpose for traveling abroad on advance parole. For additional help in determining what sorts of documents to provide as evidence supporting your reason to travel, see the “ General Requirements ” portion of the USCIS instructions, on Page 8 at 1.c.(5).

Make two copies of your entire application. Keep a set with you and leave one with your attorney or family member. Be sure to travel with all of your original documents for re-entry into the U.S.

You can submit your complete Form I-131 and supporting documents to USCIS by mail. You can find out the specific direct filing address to use by visiting the USCIS website and clicking on the “Consideration of Deferred Action for Childhood Arrivals” subheading.

If you are experiencing an extremely urgent situation, you may request an emergency advance parole appointment at your local field office. Please see our guide on emergency advance parole .

If you are not traveling for emergency reasons, it is recommended that you submit your application more than six months before your desired date of travel. Processing times are unpredictable and vary.

Yes, you can include multiple reasons for which you need to travel.

Yes, this falls under a humanitarian purpose for traveling. Many people who did not have the opportunity to attend their family members’ funerals would like to visit their graves. This reason is not time-limited or limited to immediate family members; however, it is important to describe why this visit falls under a humanitarian purpose.

If the relative is more distant, you should describe why this relationship was so important (e.g. an aunt who raised you when you were a child). If their death was a long time ago, explain why you were unable to attend until now (e.g. you were a child, you didn’t have DACA, COVID made travel unsafe, etc.).

Yes! DACA recipients can request to travel abroad for medical reasons, which falls under the humanitarian travel purpose.

If the DACA recipient needs to travel abroad for their own medical reason, they should submit documentation from their doctor or dentist with their diagnosis, the treatment required, and how long it will take. They should also provide evidence, such as their own statement, on why they can’t obtain the specific medical treatment in the U.S., such as lack of health insurance or unaffordability.

If this is an urgent situation and you need advance parole immediately, see this guide.

Yes, DACA recipients may travel abroad to care for a relative who is undergoing a medical procedure. In this scenario, they should provide a letter from the relative’s doctor explaining when the procedure will take place and whether a caregiver is required. The DACA recipient should explain in their statement why they need to be a caregiver in this situation.

If this is an urgent situation and you need advance parole immediately, see this guide .

No. DACA recipients can only travel for educational, employment, and humanitarian purposes.

The Form I-131 instructions (see pp. 10-11) lists what documents an advance parole applicant should attach to their application and provides some suggestions of acceptable evidence. For the specific purpose of traveling (educational, employment, or humanitarian), it really depends on the reason!

It helps to think through the “who, what, when, where, and why” of your travel plans. Do you have evidence to answer each of those questions? It is especially important to include the time frame for the travel and why you need that period of time.

EMERGENCY Advance Parole as a DACA recipient

Risks of traveling abroad.

The advance parole document authorizes parole, but the decision to parole (or allow someone to physically enter the U.S.) is up to the discretion of a CBP officer at a port of entry. That could be either at the border or an airport. Certain circumstances may heighten the risk of being denied entry. It is important to consider the risks and be prepared for any potential situations that may arise.

Risk Factors to Consider:

• Traveling outside the parole date authorized by the advance parole document
• Traveling when DACA authorization (reflected on the dates on your employment authorization document) has expired
• Prior deportation or “voluntary departure” order
• Multiple prior periods of unlawful presence in the U.S.
• Contacts with the criminal system — whether they resulted in a conviction or not — that could lead to an “inadmissibility” finding

If any of these apply to you or you are not sure, always consult with an immigration attorney prior to traveling or applying for advance parole.

• Eligibility for a green card through Adjustment of Status rather than consular processing: If a DACA recipient initially entered the U.S. without inspection, traveling abroad on advance parole may have a positive effect on future immigration applications. If such a person is applying for a green card, they would generally have to complete the application at a U.S. Consulate in their home country, a process known as consular processing. With an entry on Advance Parole, a DACA recipient would be able to complete the green card “adjustment of status” process in the U.S.
• DACA Renewal: Trouble renewing DACA because you traveled outside of the advance parole dates or traveled with an expired DACA.
• Permanent Bar: If a person was deemed inadmissible under the “permanent bar” they will be denied entry into the U.S. They might be able to apply for permission to re-enter the U.S. after being outside the country for 10 years.
• Waiver for future Re-entry: If a person was deemed inadmissible due to contact with the criminal justice system, they might be denied entry into the U.S. They would need to be eligible for a waiver to legally re-enter in the future.
• Hinge future residency on physical presence in the US: If there’s any legislation for pathway to citizenship that is contingent on someone’s physical presence in the U.S. on a specific date. (e.g. DACA, that requires an individual to prove that they were in the U.S. on June 15, 2012). If someone is not physically present on that date, there might be a small risk that they would not be eligible.

Preparing to Travel

Preparing to leave the U.S. with advance parole is CRUCIAL! When you return to the United States, you will go through Customs and Border Protection (CBP) inspection where you will be questioned by a CBP officer. You MUST pack your original advance parole document along with other important documents. Otherwise, you may not be allowed back in the U.S. Carry your original:

• Current, valid passport from your country of origin
• Your original advance parole document (scan a copy of this before you travel for your records)
• Employment authorization card (EAD)
• State ID or driver’s license
• Student ID (if applicable)
• (If you have an attorney) Attorney’s Form G-28 and their business card with contact information

Also carry the original copies of the documents listed below, as well as a copy of your advance parole application. Ensure you are prepared for any questions from CBP and be aware of your rights.

• Your most recent DACA approval notice
• Your advance parole application in its entirety
• Evidence that you traveled abroad for your intended purpose (e.g. relevant medical documents, educational coursework, conference materials, etc.)

Yes, your U.S. citizen child will need a passport to travel. You can make an appointment to get your child’s passport through the U.S. Postal Service website. Making your child’s passport may take several months.

As with all travel, there is a risk. In this case, if there are medical complications or the baby arrives early, there is a risk that you may not be able to re-enter the U.S. within the time frame that your advance parole document allows.

Re-Entering the U.S. on Advance Parole

Returning to the U.S. by Air. If you enter through a U.S. airport, you will pass through U.S. Immigration and Customs. You will be processed in the “Visitor” line, and you can ask an officer once you’re there if you are not sure. It is likely that a Customs and Border Protection officer will escort you to a separate room for secondary screening. There, a CBP officer may ask additional questions, check your belongings (including electronics), and finish processing your re-entry.

Returning to the U.S. by Land.

• If you travel to the United States by land in a vehicle (such as by car over the U.S.-Canada border or U.S.-Mexico border) at a designated Port of Entry (POE), you will have to present your advance parole and supporting documents, including proof of citizenship of your home country, to a Customs and Border Patrol (CBP) agent. Proof of citizenship may include a passport or birth certificate from your home country. If you are sent to secondary inspection, CBP may ask you to park your vehicle and step outside of the vehicle to wait while they further inspect your documents and/or the vehicle.
• If you travel to the United States by foot at a POE, you will have to enter a processing facility to present your documents to a CBP agent. If you are placed in secondary inspection while traveling by foot, CBP may ask you to enter another designated room within the facility where you will present your advance parole and supporting documentation to another agent.

What to consider before reentry:

• Consider the destination of your returning flight based on previous DACA recipients’ experiences with CBP in certain locations. You will go through the inspection process at the first airport you land in the U.S.
• If you have a connecting flight to your home city, be sure to give yourself additional time for any subsequent airline connections.
• Make a list of all emergency contacts (hard copy, not on the phone). Try to have an immigration attorney or congressional staffer in your district as an emergency contact. Carry their business card(s) if possible.
• Let a family member(s) know of your anticipated time of departure and arrival before traveling since you may not be allowed to use your cell phone until you clear customs.
• Use the restroom before inspection and keep water and snacks with you.

A CBP officer will ask questions about your trip abroad when you are re-entering the U.S., such as:

• What was the reason for your trip abroad?
• For how long were you gone?
• Did you purchase anything while you were abroad? If so, what did you purchase?
• What countries did you visit?
• Where did you stay?
• What documents do you have with you?
• What do you do in the U.S.? (e.g., work, school, etc.)

If you have any prior tickets or arrests (even those that didn’t result in convictions), CBP might question you about the circumstances of those incidents. CBP may also question you about your immigration history, including when and how you initially entered the U.S. If you have concerns about these lines of questioning, please consult with an immigration attorney prior to traveling.

After processing, the border official will hand you back your original forms of identification. They will stamp the advance parole document and your passport.

In many cases, the border official will keep the original advance parole document; the stamp in your passport will serve as proof of re-entry through parole.

You may also obtain your I-94 online through the CBP website. Keep copies of your advance parole document, entry stamp in your passport, and I-94 printout as they will be useful to you when renewing DACA and in future immigration processes.

Anxiety about traveling and re-entering is very real! The best thing you can do is prepare for what to expect by reading about the process, speaking with other DACA recipients who have traveled on advance parole, and arranging support.

This may mean discussing a plan ahead of time with your attorney, if you have one, and carrying their form G-28 with you when you travel. You can also contact your Congressional representative to explain your situation and ask for a contact at their office in case you run into problems at the border.

Yes, this is a very real possibility, although it is still a contested area of law. Immigration officials at the border have a lot of power to search your belongings, including your electronic devices.

Because the decision to parole someone into the U.S. is discretionary, it is risky for a DACA recipient to refuse to hand over their phone or argue with an immigration official. It is best for travelers to anticipate that their phone may be searched and to prepare ahead of time to keep their information private.

Always be thoughtful with what information you make public. The guidelines for DACA recipients applying for advance parole list the three valid purposes for traveling (educational, employment, and humanitarian) and then state “travel for vacation is not a valid purpose.”

When you fly back to the United States, it is most likely the airline will have you complete check-in in person and not online.

When you go up to the counter the airline attendants may ask to see your U.S. visa or green card, this is when you let them know you are traveling with advance parole. They may ask to see your document. Make sure the airline doesn’t keep your original advance parole document, you will need to show CBP upon re-entering the United States.

Some airlines are not aware of what advance parole is so it may take some time for them to validate this. Ensure you go to the airport with enough time in case it takes long for them to check .

Passport Control Outside the U.S. If you have a connecting flight outside the U.S. you may go through “Passport Control.” Once again, they may ask for your U.S. visa or green card. Let them know that you reside in the U.S. and are traveling with advance parole, a special document issued by the U.S. government that allows you to re-enter the U.S. Depending on the agent they may ask to see the advance parole document. Ensure you have enough time to complete this so that you don’t miss your connecting flight. Make sure they don’t keep your original advance parole document, you will need to show CBP upon re-entering the United States.

Check Out Eliana’s Advance Parole Story

Additional FAQ

No. At this time, DACA recipients must mail in their advance parole applications.

If you are getting a document translated it must be accompanied by a certificate of translation. Although advance parole applications are not filed before the immigration court, their template can be used for filings with USCIS. See the template here . Any person who is fluent in Spanish and English and can translate between the two languages can translate your document and sign the certificate.

No. USCIS does not refund fees, regardless of any action they take on your application.

Any time a DACA recipient changes their residence, they should complete a Form AR-11 . This is especially important if the DACA recipient is requesting emergency advance parole in-person at a USCIS field office. If a previous address outside the field office’s jurisdiction is on file, the field officers may want to see that an AR-11 was filed.

If you lost the Form I-512L advance parole document, then you will have to refile the application with the fee. You can note that an advance parole document was previously issued but lost. Same goes for any mistakes in names or dates that were present on your I-131 application; however, if USCIS is responsible for the typo or erroneous dates, you do not have to pay the filing fee.

You can also use USCIS’s online tools to put in a service request if the document was lost in the mail. If you can show a USCIS error (e.g. they mailed the advance parole document to a different address than the one you put on the I-131 form), this may be helpful. However, USCIS may not respond to this service request for several weeks.

If you are close to your intended travel date and there is an emergency, you may request an InfoPass appointment at your local USCIS field office. For more information see this guide .

Everyone’s case is different and everyone assumes different risks. If you are scheduling an appointment with an attorney, ask them if they regularly apply for advance parole for DACA recipients. For more tips on how to find a good immigration lawyer, see this guide .

You must respond to USCIS’s Request for Evidence (RFE) by the stated deadline. Failure to do so will result in a denial of your application. USCIS may send an RFE if your intended date of travel has passed. If you are flexible with your plans, you may request new dates and offer updated evidence (e.g. flexible study abroad program, ongoing health needs of relative abroad, etc.).

No. Your employment authorization document (EAD), or DACA, must be valid and unexpired at the time that you submit your application for I-131 Travel Document, or Advance Parole. It is suggested that you apply for advance parole after your DACA renewal request has been approved.

When filing a DACA renewal, you must respond to the questions that ask about travel. You should attach copies of your advance parole document, entry stamp in your passport, and a printout of your Form I-94 that you can obtain online.

If a DACA recipient entered without inspection by an immigration official, they are not able to apply for a green card in the U.S. (the “adjustment of status” process) and will have to travel to their home country to have an interview at a U.S. consulate there (“consular processing”).

If a DACA recipient travels on advance parole and is paroled back into the country, they may then go through the adjustment of status process in the U.S. and obtain their green card without leaving the U.S.

Make sure to speak to an attorney about your specific case and if advance parole is the best option for you. See this guide for help on where to find a lawyer.

Additional resources

• Topics covered include funding, how to apply, and preparing for travel. This resource also features audio stories from DACA recipients who have traveled outside the U.S. using Advance Parole.
• American University’s Defending the AU Dream Initiative— Advance Parole for DACA Recipients: Considerations for Traveling or Studying Abroad

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• Persecution
• Physical Presence
• One-Year Filing Deadline
• Criminal Bars to Asylum
• Passing a Credible/Reasonable Fear Interview
• Withholding of Removal
• Convention Against Torture Relief
• Application Process
• Work and Travel While Pending
• Case Outcome
• Important Changes for Asylum Seekers under the Trump Administration
• Asylum Manual
• People Living with HIV
• Foreign-born Children of Same-Sex Couples
• Bi-national Couples
• Dual Foreign-national Couples
• Diversity Visa Program
• Provisional Unlawful Presence Waiver

Deferred Action for Childhood Arrivals (DACA)

• Violence Against Women Act
• Special Immigrant Juvenile Status
• Know Your Rights!
• Country Conditions Materials
• ALERT: USCIS FEE INCREASES GO INTO EFFECT (October 2, 2020)

The information contained herein is for reference only and may not be up to date. It does not constitute legal advice. You should always consult an attorney regarding your matter.

Last updated: September 19, 2023

I. Current State of DACA

On September 13, 2023, the District Court for the Southern District of Texas ruled against DACA. However, the judge issued a stay on his own ruling allowing the case to be appealed with DACA renewals still intact.

The case will likely end up before the Fifth Circuit Court of Appeals and then the Supreme Court. There may not be a decision on the ultimate fate of DACA until May or June 2025. It is very possible that the Supreme Court will agree with the District Court and end DACA once and for all. That is why we need Congress to step in and finally deliver protections for the millions of undocumented people including DACA recipients and DACA-eligible youth.

But for the time being:

• DHS will continue to process DACA renewals and associated Employment Authorization Document (EAD) applications for current DACA recipients and for applicants who file for a renewal within one year of the expiration of their prior DACA grant. However, this can change after the Fifth Circuit makes a new decision, so renewals should be filed as soon as possible.
• If you are eligible for DACA but have never applied, DHS can still accept your application but will NOT be able to process it. These applications will be put on hold.

Generally, submitting a DACA renewal application is a relatively simple process that requires submission of the application packet and a copy of the applicant’s work permit. More information on filing is included below.

The cost for a DACA renewal at the time of this publication was $495.

Please note that this information may change depending on the outcome of the pending litigation.  Please refer to the  DACA Website  and the DACA Litigation Webpage for up-to-date information.

Ultimately, the best solution for all DACA recipients or Dreamers is for Congress to pass bipartisan legislation granting Dreamers, and other undocumented people permanent legal status. The Immigration Equality Action Fund will continue to lobby Congress to demand that they pass the legislation that would provide such a pathway to citizenship.

II. ELIGIBILITY CRITERIA FOR DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA)

a. What is DACA?

On June 15, 2012, President Obama created a policy called Deferred Action for Childhood Arrivals (DACA), calling for deferred action for certain undocumented young people who came to the U.S. as children. Applications under the program began on August 15, 2012. On August 30, 2022, the Department of Homeland Security published the Biden DACA Rule with the intent to preserve and fortify the DACA policy.

Deferred action is a discretionary, limited immigration benefit by DHS. It can be granted to individuals who have never been in removal proceedings, are currently in removal proceedings, or who have final orders of removal. Individuals who have deferred action can apply for employment authorization and are in the U.S. under color of law. However, there is no direct path from deferred action to lawful permanent residence or to citizenship. And, it can be revoked at any time.  As noted in Section I above there are additional limitations that have been placed on DACA eligibility.

Individuals must meet  following criteria  to apply for DACA:

• Were under 31 years of age as of June 15, 2012 (i.e., date of birth is on or after June 16, 1981);
• Came to the U.S. while under the age of 16;
• Have continuously resided in the U.S. from June 15, 2007 to the present. (For purposes of calculating this five-year period, brief absences from the United States for humanitarian reasons will not be included);
• Entered the U.S. without inspection or fell out of lawful visa status before June 15, 2012;
• Any lawful status after June 15, 2012 expired before initial application for DACA;
• Were physically present in the United States on June 15, 2012, and at the time of making the request for consideration of deferred action with USCIS;
• Are currently in school, have graduated from high school, have obtained a GED, or have been honorably discharged from the Coast Guard or armed forces;
• Have not been convicted of a felony offense, a misdemeanor described in 8 CFR 236.22(b)(6) , or more than three misdemeanors of any kind; and
• Do not pose a threat to national security or public safety.

Applicants will have to provide substantial documentary evidence of the above criteria. In addition, every applicant must complete and pass a biographic and biometric background check.

III. SPECIAL CONSIDERATIONS

a.   Criminal Conviction

DHS will deem as disqualifying from DACA a single misdemeanor conviction if it is a misdemeanor as defined by Federal law (specifically, one for which the maximum term of imprisonment is 1 year or less but greater than 5 days) and meets the following criteria:

• If the misdemeanor conviction involving any of the following, regardless of the sentence imposed, it will disqualify an applicant from DACA:
• domestic violence;
• sexual abuse or exploitation;
• unlawful possession of firearms;
• driving under the influence; or
• drug distribution or trafficking.
• In addition, any other misdemeanor for which an applicant was sentenced to more than 90 days in jail, not including suspended sentences or time held pursuant to an immigration detainer, will be deemed a disqualifying misdemeanor.

b.   Age Requirements

Generally, in order to apply for DACA, an applicant must be at least 15 years of age at the time they apply. The exception to this rule is if the applicant is in removal proceedings, has a final order of removal or has an order of voluntary departure. If so, they can seek DACA even if they are below the age of 15.

If the applicant was 31 years of age or older as of June 15, 2012 they are not eligible for DACA.

c.   “Currently in School”

If an applicant is not currently in school, but would like to re-enroll in high school, they could still qualify for DACA. To be considered “currently in school”, USCIS will look to whether the applicant is enrolled at the time they submit the application. Many kinds of educational institutions or programs may be sufficient to meet the “school” requirement. The following information is pasted directly from the USCIS website :

To be considered “currently enrolled in school” under  8 CFR 236.22(b)(5), you must be enrolled in:

• A public, private, or charter elementary school, junior high or middle school, high school, secondary school, alternative program, or homeschool program that meets state requirements;
• An education, literacy, or career training program (including vocational training) that has a purpose of improving literacy, mathematics, or English or is designed to lead to placement in postsecondary education, job training, or employment and where you are working toward such placement; or
• An education program helping students obtain a regular high school diploma or its recognized equivalent under state law (including a certificate of completion, certificate of attendance, or alternate award), or in passing a GED exam or other state-authorized exam (such as HiSet or TASC) in the United States.

Education, literacy, and career training programs (including vocational training), or education programs helping students obtain a regular high school diploma or its recognized equivalent under state law, or in passing a GED exam or other state-authorized exam in the United States, may include, but are not limited to, programs wholly or partially funded by federal, state, county or municipal grants or administered by nonprofit organizations. Programs funded by other sources may qualify if they have demonstrated effectiveness.

In assessing whether programs are of demonstrated effectiveness, USCIS will consider:

• The duration of the program’s existence;
• Assisting students in obtaining a regular high school diploma or its recognized equivalent;
• Passing a GED or other state-authorized exam (such as HiSet or TASC); or
• Placing students in postsecondary education, job training, or employment; and
• Other indicators of the program’s overall quality.

If you seek to demonstrate that you are “currently enrolled in school” with your enrollment in such a program, you must show the program’s demonstrated effectiveness.

d.   Interrupted Stay in the U.S.

A brief interruption in the requirement to be in the U.S. continuously from June 15, 2007 to July 15, 2012 will not affect an applicant’s eligibility for deferred action if the absences from the U.S. are brief, casual, and innocent. Absences will be considered to be brief, casual and innocent if:

• it was on or after June 15, 2007, and before August 15, 2012;
• it was short and reasonably calculated to accomplish the purpose of the absence;
• it was not because of a post June 15, 2007 order of exclusion, deportation or removal;
• it was not because of a post June 15, 2007 order of voluntary departure, or an administrative grant of voluntary departure before an applicant was placed in removal expulsion, deportation or removal proceedings; and
• the purpose of the absence, or an applicant’s actions while outside of the U.S., were not contrary to law.

IV. APPLICATION AND FILING FEE

All applications for deferred action should be submitted directly to USCIS on Form I-821D. Even if an applicant is in removal proceedings or has been ordered removed, the application still goes to USCIS. If the applicant is detained, then they should alert their detention officer that they want to apply.

a.   Forms and Evidentiary Documentation

In order to apply for DACA, applicants must submit the following forms or their application will be returned to them:

• Form I-821D Consideration of Deferred Action for Childhood Arrivals;
• Form I-765 Application for Employment Authorization Document;
• Form I-765 WS –EAD economic need supplement form
• Additionally, applicants will need to submit documentary evidence that they meet all of the criteria to qualify for deferred action (age; entry date; continuous presence; educational or military documentation; etc.)
• Application fees as listed on  www.uscis.gov .

In order to prove the physical presence requirement, substantial evidence must be submitted. You should try to submit at least one proof for every month.

b.   Filing Fee

It is recommended to visit the  USCIS website  for the most recent information regarding the filing fee for DACA. There is no fee waiver available for DACA. However, there may be a fee exemption under very limited circumstances for individuals who are in foster care, are disabled, or have medical-care-related debt and whose income is below 150% of the poverty level.

V. EMPLOYMENT AUTHORIZATION DOCUMENT (EAD)

Currently, while USCIS is accepting initial Employment Authorization Document requests under DACA, it is not granting them.

Every individual who is granted deferred action will be lawfully permitted to work. However, in order to be permitted to work, applicants  must  include an application for an Employment Authorization Document (EAD) in their application, which, when granted, will be valid for a period of two years and may be renewed. Applicants must wait until the EAD is issued prior to beginning employment.

It is important to note that the grant of deferred action does not grant lawful immigration status to an applicant. In addition, it does not cure the applicant’s previous periods of unlawful presence. However, an applicant who is granted deferred action will not be deemed to be accruing unlawful presence in the U.S. during the time period when deferred action is in effect.

VI. ADVANCED PAROLE

DACA recipients can only travel outside the U.S. if they apply for and receive advanced parole before they travel.  If someone leaves the country without advanced parole being granted they will not be permitted back into the United States. Currently, however, USCIS is only granting advanced parole requests from DACA recipients for exceptional circumstances.  Moreover, even if you have advance parole, you will be inspected at the border when you return, and there is always a possibility that you could be denied entry.  Therefore, even if a DACA recipient has advance parole on the basis of their DACA status, they should not travel outside the United States without consulting an immigration attorney.  Also, DACA recipients should not travel outside the contiguous 48 states of the United States due to the presence of Customs and Border Patrol at airports. While  Alaska and Hawaii are indisputably part of the United States, CBP has begun to police them as though they were foreign jurisdictions and you may be detained or denied entry. Additionally, CBP treats travel from a U.S. territory to the United States as foreign travel, and if you do not have a valid passport and visa, or other entry document to the United States, you could be denied entry. Therefore, if you are a DACA recipient, you should not travel to or from a U.S. territory, Alaska, or Hawaii.

VII. APPEALABILITY

A denial of an application for deferred action cannot be appealed.  However, the applicant could file again (and pay the fee again).

VIII. ALWAYS SEEK LEGAL ADVICE

Note that it may be risky to apply for DACA. Individuals should only apply after consulting with a qualified attorney. If an individual is here unlawfully and USCIS or ICE finds that they do not meet the criteria for DACA, they may be placed in removal proceedings. Additionally, even if they are granted DACA, the status is completely discretionary and can be revoked in the future.

DACA is only a temporary measure and is not intended to, and does not grant, legal status to the individuals that the DREAM Act seeks to benefit. Given that only Congress can confer the right to lawful permanent resident status or citizenship, it is essential that we continue to work towards the passage of the DREAM Act.

As we learn more from USCIS we will post more information here. If you have specific questions about whether you qualify, please use the contact us page on our website to submit your question. There is also useful information on  the USCIS site .

IX. Legal Challenges to DACA

In 2017, the Acting Secretary of Homeland Security rescinded the Deferred Action Childhood Arrivals (DACA) program, which led to a number of lawsuits across the country challenging the rescission. The Fourth and the Ninth Circuit Courts of Appeal, along with a number of district courts, ruled that the decision to rescind DACA was “arbitrary and capricious,” and therefore unlawful. The Ninth Circuit also upheld a nationwide preliminary injunction halting the repeal of DACA. The government petitioned the Supreme Court, which granted certiorari to hear the case. Oral arguments were heard by the Court on November 12, 2019.

Arguing the other side of the coin, on May 1, 2018, Texas and six other states filed a lawsuit challenging the constitutionality of DACA. The District Court Judge in the Texas case, Judge Hansen, ruled that DACA is likely unconstitutional, but let the program stay in place pending litigation. The Judge stayed the case until after the Supreme Court made its decision on the other case.

On June 18, 2020, in  Department of Homeland Security v. Regents of University of California , the U.S. Supreme Court struck down the Trump administration’s termination of the DACA program. Just as the lower courts had found, the Supreme Court held that the termination of DACA was “arbitrary and capricious” under the Administrative Procedures Act (APA). Notably, the Court  did not  rule on whether or not DACA itself is lawful, but merely held that the Trump administration did not follow the law when it tried to terminate the program.

This decision was enforced a month later in  Casa de Maryland v. U.S. Department of Homeland Security , in which a federal judge in the U.S. District Court of Maryland ordered the Department of Homeland Security (DHS) to reinstate the DACA program to its 2017, pre-termination status and to start accepting new applications.

After the Supreme Court ruled that the rescission of DACA was arbitrary and capricious, Judge Hansen resumed the Texas case.

In July 2020, Chad Wolf signed a memo (the Wolf Memo) which limited DACA applications and renewals. However, on November 14, 2020, in Batalla Vidal et al v. Wolf et al , the Eastern District of New York ruled that Chad Wolf was not lawfully serving as Acting Secretary of Homeland Security when he issued the memo. Then, on December 4, 2020, the Judge ordered the Wolf memo vacated and for the DACA program to go back to Obama-era rules.

President Biden issued an executive order reinstating DACA on January 20, 2021. Then, on July 16, 2021, Judge Hansen ruled that the DACA memorandum of 2012 was “created in violation of the law” and “illegally implemented.” The Judge ordered a permanent injunction prohibiting the government’s continued use of DACA and the reimplementation of DACA without compliance with the Administrative Procedures Act. However, the court stayed part of its order vacating DACA with regard to individuals who obtained DACA on or before July 16, 2021, including those with renewal requests. The ruling was appealed to the Fifth Circuit Court of Appeals.

On September 28, 2021, the Department of Homeland Security published a Notice of Proposed Rulemaking that proposed to establish regulations to preserve and strengthen DACA. The final rule was published on August 30, 2022 and was set to go into effect on October 31, 2022 (The Biden DACA Rule).

On October 5, 2022, The Fifth Circuit upheld the Judge Hansen’s 2021 ruling that the 2012 DACA memo was unlawful, but did not address the new Biden DACA Rule. The Fifth Circuit remanded the case to the Judge Hansen to consider the Biden DACA Rule.

On October 14, 2022, Judge Hansen issued an order extending its injunction and partial stay to the Biden DACA Rule. And most recently, on September 13, 2023, Judge Hansen ruled that the Biden DACA Rule was unlawful and vacated the rule. The Judge, however, stayed the impact of this ruling pending appeal for individuals who obtained DACA on or before July 16, 2021, including those with renewal requests. Additionally, Judge Hansen ruled that DHS may continue to accept initial applications for DACA, but may not grant them.

FREQUENTLY ASKED QUESTIONS (FAQs)

Many of you have contacted Immigration Equality to ask “what do I do now?” Below, you will find our frequently asked DACA questions.

1) I currently have DACA and it will expire in the next 6 months. Can I renew my DACA?

Yes. The government has resumed DACA renewals – at least for now. You can apply if your DACA is expiring within the next 6 months (180 days) and if you are in the same legal position as you were when you filed your original DACA application. However, if you have been arrested, charged with a crime, convicted of a crime, or accused of violating immigration laws in some way, you should consult with an attorney before filing your renewal application. USCIS strongly recommends that you file your renewal application between 150  and 120 days before the current grant of DACA expires.

2) Why does USCIS recommend that I submit my renewal application between 150 and 120 days before my current DACA expires, and not any sooner or any later?

USCIS aims to process all DACA applications within 120 days after they are received by USCIS. If you submit your application earlier than 150 days before your current DACA expires, your application may be approved before your current DACA expires. This may result in an overlap between your current DACA period and the renewed DACA period. If that happens, you would get DACA for less than the full two-year period.

If you submit your application less than 120 days before your DACA expires, your application might not get adjudicated till after your current DACA expires, which would lead to a lapse in your DACA period and also your employment eligibility. This is why USCIS recommends you submit your renewal application between 150 and 120 days before your current DACA expires.

If you have timely submitted your application, and it has been pending for more than 105 days, you may submit an inquiry online for “Case outside normal processing time”

3) Can I apply for DACA for the first time ever now?

Technically, yes. You can. However, note that while USCIS is accepting requests from individuals who have  never before been granted  deferred action under DACA, or whose DACA expired more than one year ago, or whose DACA status was terminated, they are not adjudicating these applications. These applications are being placed on hold.

4) Can I apply for advance parole?

Currently, USCIS is only granting advanced parole requests from DACA recipients  for exceptional circumstances, such as:

•  Humanitarian purposes, including travel to obtain medical treatment, attend funeral services for a family member, or visit an ailing relative;
• Educational purposes, such as semester abroad programs and academic research; or
• Employment purposes, such as overseas assignments, interviews, conferences or training, or meetings with clients overseas.

Even if a requestor establishes that their situation meets one of the examples above, USCIS may still deny the request for advance parole in discretion under the totality of the circumstances. 

Moreover, even if you have advance parole, you will be inspected at the border when you return, and there is always a possibility that you could be denied entry. Therefore, even if a DACA recipient has advance parole on the basis of their DACA status, they should not travel outside the United States without consulting a qualified immigration attorney.  Also, DACA recipients should not travel outside the contiguous 48 states of the United States due to the presence of Customs and Border Patrol at airports. While Alaska and Hawaii are indisputably part of the United States, CBP has begun to police them as though they were foreign jurisdictions and you may be detained or denied entry. Additionally, CBP treats travel from a U.S. territory to the United States as foreign travel, and if you do not have a valid passport and visa, or other entry document to the United States, you could be denied entry. Therefore, if you are a DACA recipient, you should not travel to or from a U.S. territory, Alaska, or Hawaii.

5) I want to renew, but I’m afraid about what will happen in the future. What if the DACA program is terminated for good?

Because there is a possibility that DACA may end in the near future, we encourage applicants who are eligible to renew  right away . If DACA does end, it may be that those with DACA at the time of the end of the program will be allowed to stay in that status until it expires. We always recommend that an applicant speak with an attorney first before applying but even more so for those individuals who have complicated immigration histories or who have had run-ins with the law.

6) I want to apply and I am otherwise eligible I but have a criminal history that might affect my claim. Should I apply?

We recommend you speak with an immigration attorney regarding your case and your criminal history. Your legal representative should advise you on the potential consequences your criminal history may have on your eligibility for DACA. We strongly discourage anyone with a criminal history from applying for DACA unless you speak to a legal representative first. This is true even if you have DACA and are considering renewing your status.

7) I provided the U.S. Citizenship and Immigration Services with my address when I applied for DACA. How likely is it that ICE agents are going to come to my home?

For as long as you live at an address known by the immigration agents, you may be at risk.  Please read our know your rights advice on how you can stay safe.

This handbook is intended for use by pro bono attorneys and immigration attorneys working on LGBTQ/HIV asylum cases.

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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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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How to travel if you're a DACA recipient

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. Transcript provided by NPR, Copyright NPR.

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

Las 5 cosas principales que necesitas saber sobre DACA ahora mismo.

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

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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.

More than a quarter of DACA recipients are uninsured as they await the fate of health care rule

More than a quarter of young immigrants protected by the Deferred Action for Childhood Arrivals program lack health insurance and face burdens preventing them from accessing care, according to new data first shared with NBC News.

A report published Friday by the immigrant rights nonprofit group National Immigration Law Center , documenting the findings of a recent survey, finds that 27% of DACA recipients reported not being covered by any kind of health insurance or other health care plan.

The results suggest that of the  more than 580,000 young adults  without legal status who are allowed to work and study without fear of deportation under the Obama-era DACA program, almost 157,000 are estimated to be uninsured.

The survey was conducted last year with 817 DACA recipients. It was administered by Tom K. Wong , founding director of the  U.S. Immigration Policy Center at the University of California, San Diego, with the help of United We Dream, the nation’s largest immigrant youth-led organization, the Center for American Progress policy institute and the National Immigration Law Center.

A previous version of the survey conducted in 2021 found the DACA uninsured rate to be at 34%. Kica Matos, president of the National Immigration Law Center, attributed the slight dip to "a healthier economic climate."

"The last survey was done when we were still in the middle of the pandemic, so we believe that economic trends have since improved ... This likely means there are more DACA recipients that are employed and therefore have access to health care" through their employers, she said.

Of the DACA recipients who reported having health insurance, 80% said they were covered through an employer or union.

But unlike most in America, if DACA recipients lose their job and with that their health insurance, they can’t fall back on federal health insurance programs, which are often more affordable but are only available to those with legal immigration status.

Because being ineligible for federal health insurance contributes to DACA recipients' high uninsurance rate, the Department of Health and Human Services under President Joe Biden proposed a rule that would expand access to health care coverage t o them. Research has found that DACA recipients contributed an  estimated $6.2 billion in federal taxes  every year that help fund such programs.

The Biden proposal calls for the definition of “lawful presence” to be amended to include DACA recipients for purposes of Medicaid and Affordable Care Act coverage.

“It brings up a lot of hope for many of us to be able to have affordable health care access because a lot of the times we avoid going to a doctor,” DACA recipient Diana Avila said. “The thought of how much is it going to cost is what drives a lot of us to not want to go to the doctor.”

The proposed Biden rule hasn't yet been finalized, meaning that DACA recipients’ access to federal health insurance programs is not yet a done deal.

In response to an email from NBC News, the Centers for Medicare and Medicaid Services, which submitted the proposed rule, stated that, “While we cannot speculate on when the rule will be finalized, note that the proposed rule includes a proposed effective date for all provisions of November 1, 2023."

The CMS will be requesting  comment from the public until June 23  on the proposed regulations, “and specifically on the feasibility of this date and whether to consider a different effective date," it stated.

Avila, 22, was born in Honduras and has lived in Indiana since she was a 4-year-old, and was 12 when she got DACA in 2012.

Obstacles to health care access

DACA recipients are awaiting the fate of the proposed rule at a time when they are three times more likely to be uninsured than the general population, according to last year's survey.

DACA has helped many eligible young immigrants  access better paying jobs and educational opportunities , but that hasn't been the case for all recipients.

"There are still significant disparities in terms of access to health care for this particular population," Matos said.

According to the survey, DACA recipients reported other barriers to accessing health care:

• 57% of respondents believed they were ineligible to access care due to their immigration status.
• 51% reported not being aware of any affordable care or coverage options available to them.
• 21% believed that accessing health care services could negatively affect their immigration status or that of a family member.

Of those surveyed, 71% reported past situations in which they were unable to pay medical bills or expenses.

On top of that, "there are also those memories of families not being able to afford health care and having to deal with bills," Matos added.

Avila remembers growing up in a mixed immigration status family. That meant she and her oldest sibling couldn't access affordable health care while her younger siblings, who were born in the U.S., qualified for care.

As a child, Avila was prone to ear infections, she said. Her mother would use every home remedy possible to evade doctors and hospitals and avoid unaffordable medical costs. In contrast, her younger brothers would go to the doctor more often, even for the most minor of issues.

When Avila was 18, she suffered a concussion while playing soccer at school and needed to visit a specialist. She recalled hesitating to go because she was worried about her and her family's ability to afford the care.

"It's sad to think about that. I considered not getting looked at, taken care of, because of how much it was going to cost," she said.

DACA's uncertainty — and the mental health toll

While DACA has been around for a decade, it's faced legal challenges from the Trump administration and Republican-led states. The program has been closed to new registrants since July 2021 while a lawsuit filed by Texas and other GOP-led states makes its way through the courts.

To improve the chances that DACA will survive legal battles, the  Biden administration implemented a rule  in October that turned the program into a  federal regulation . A federal judge in Texas is expected to rule on the legality of the new rule this year.

"The precarious nature of DACA has brought with it feelings of anxiety, depression and fear related to the future of their status because it's so uncertain," Matos said of DACA recipients.

The new report found that almost half (48%) of DACA recipients who reported experiencing mental or behavioral health issues did not seek care from a mental health professional. The three main barriers were expensive costs, lack of time and limited access to providers able to meet their cultural or language needs.

Avila recently graduated from Marian University in Indianapolis with a degree in psychology and works at a nonprofit organization that serves immigrants.

Despite the uncertainty surrounding DACA, she plans to apply to law school and specialize in immigration law and human rights, hoping that a more permanent solution to her immigration status emerges.

"DACA recipients contribute so much to society that it's time for change," Avila said. "A pathway to citizenship would be the best way to appreciate the work that DACA recipients have been doing since they came to the U.S."

Nicole Acevedo is a reporter for NBC News Digital. She reports, writes and produces stories for NBC Latino and NBCNews.com.

Underwood Calls for Automatic DACA Extensions Amidst Backlog

JOLIET — Representative Lauren Underwood (IL-14) joined more than 100 of her colleagues in a letter to U.S. Citizenship and Immigration Services (USCIS) Director Ur M. Jaddou, to raise concern over delays in processing renewal applications for Deferred Action for Childhood Arrivals (DACA) recipients, and call for the agency to begin providing automatic extensions for lawful recipients in the interim. 

“Many of our offices have heard from constituents that the increased [USCIS] backlog has resulted in many DACA recipients waiting several months to hear back,” the members wrote. “These delays threaten the ability of many DACA recipients to work, drive, or go to school.” 

There are an estimated 554,000 DACA recipients nationwide who are potentially affected by this backlog. USCIS recommends DACA recipients submit a renewal application 120-150 days before their expiration date, but some individuals have been waiting for months, with cases as far back as August 2023, to receive updates on their renewal requests. 

“We commend the agency’s support of the DACA program, and we urge you to prioritize and quickly resolve this matter so that DACA recipients can continue to contribute to our economy and communities,” they added. “We ask that you dedicate the appropriate resources to this process, to ensure that renewals can be processed in a timely manner.” 

Currently, DACA recipients do not receive an automatic extension while their renewal applications are pending. They depend on USCIS provided processing times and status updates to avoid losing their jobs. In their letter, the members ask, while the processing backlog is being addressed, that “USCIS […] work on providing DACA recipients with the automatic extension that a majority of individuals receive upon submitting a valid application for the renewal of their employment authorization.” 

The letter was co-signed by over half of the House Democratic Caucus, including: Representatives Collin Allred (D-TX), Gabe Amo (D-RI), Becca Balint (D-VT), Nanette Díaz Barragán (D-CA), Don Beyer (D-VA), Suzanne Bonamici (D-OR), Jamaal Bowman (D-NY), Julia Brownley (D-CA), Cori Bush (D-MO), Salud Carbajal (D-CA), Tony Cárdenas (D-CA), André Carson (D-IN), Troy Carter (D-LA), Greg Casar (D-TX), Sean Caster (D-IL) Kathy Castor (D-FL), Joaquin Castro (D-TX), Judy Chu (D-CA), Yvette Clark (D-NY), Gerald Connolly (D-VA), Jim Costa (D-CA), Joe Courtney (D-CT), Jasmine Crockett (D-TX), Jason Crow (D-CO), Henry Cuellar (D-TX), Danny Davis (D-IL), Diana DeGette (D-CO), Mark DeSaulnier (D-CA), Veronica Escobar (D-TX), Anna Eshoo (D-CA), Adriano Espaillat (D-NY), Bil Foster (D-IL), Lois Frankel (D-FL), Ruben Gallego (D-AZ), Chuy García (D-IL), Robert Garcia (D-CA), Sylvia Garia (D-TX), Daniel Goldman (D-NY), Jimmy Gomez (D-CA), Vicente Gonzalez (D-TX), Josh Gottheimer (D-NJ), Al Green (D-TX),Raúl Grijalva (D-AZ), Josh Harder (D-CA) Jahana Hayes (D-CT), Jared Huffman (D-CA), Jeff Jackson (D-NC), Jonathan Jackson (D-IL), Sheila Jackson Lee (D-TX), Sara Jacobs (D-CA), Pramila Jayapal (D-WA), Andy Kim (D-NJ), Barbara Lee (D-CA), Summer Lee, (D-PA), Mike Levin (D-CA), Ted Lieu (D-CA), Zoe Lofgren (D-CA), Betty McCollum (D-MN), Jim McGovern (D-MA), Rob Menendez (D-NJ), Grace Meng (D-NY), Seth Moulton (D-MA), Kevin Mullin (D-CA), Jerrod Nadler (D-NY), Grace Napolitano (D-CA), Joe Neguse (D-CO), Eleanor Norton (D-DC), Alexandria Ocasio-Cortez (D-NY), Frank Pallone (D-NJ), Jimmy Panetta (D-CA), Donald M. Payne Jr. (D-NJ), Scott Peters (D-CA), Brittany Pettersen (D-CO), Mark Pocan (D-WI), Katie Porter (D-CA), Ayanna Pressley (D-MA), Mike Quigley (D-IL), Delia Ramirez (D-IL), Jamie Raskin (D-MD), Deborah Ross (D-NC) Raul Ruiz (D-CA), Andrea Salinas (D-CA), Linda Sánchez (D-CA), Mary Scanlon (D-PA), Janice Schakowsky (D-IL), Adam Smith (D-WA), Darren Soto (D-FL), Greg Stanton (D-AZ), Haley Stevens (D-MI), Marilyn Strickland (D-WA), Eric Swalwell (D-CA), Mark Takano (D-CA), Shri Thanedar (D-MI), Dina Titus (D-NV), Rashida Tlaib (D-MI), Norma Torres (D-CA), Ritchie Torres (D-NY), Lori Trahan (D-MA), David Trone (D-MD), Lauren Underwood (D-IL), Juan Vargas (D-CA), Marc Veasey (D-TX), Nydia Velázquez (D-NY), Debbie Wasserman Schultz (D-FL), Maxine Waters (D-CA), Nikema Williams (D-GA), and Frederica Wilson (D-FL). 

The letter has also been endorsed by several immigration advocacy organizations, including: Coalition for Humane Immigrant Rights (CHIRLA), Church World Service (CWS), National Partnership for New Americans (NPNA), United We Dream, and Immigrants Act Now. 

Full text of the letter can be found  here .