New DOJ Ruling Puts U.S. Return at Risk for Immigrants With Travel Permits

A new ruling involving “advance parole” could expose certain immigrants with accumulated unlawful presence to three- or 10-year bars if they leave the United States.

Immigrant advocates have warned about a new decision by the Board of Immigration Appeals (BIA), an agency within the Department of Justice (DOJ), that changes the travel risks for some people who obtain a permit known as advance parole, according to EFE and Hindustan Times.

• Why it matters: Having travel authorization would no longer eliminate the risk that certain immigrants could face a bar preventing them from returning to the United States for years.

Immigration Travel Permits Could Have an Unexpected Consequence

Advance parole allows certain people in the United States to request authorization to temporarily leave the country and seek permission to return.

Those who may receive these permits include immigrants protected by Temporary Protected Status (TPS), beneficiaries of Deferred Action for Childhood Arrivals (DACA), and some people with adjustment-of-status cases or asylum applications.

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The change stems from the BIA’s decision in Matter of DelCarmen-Lara.

• Who is affected: The risk highlighted by the decision centers on people who have accumulated more than 180 days of unlawful presence in the United States.
• The penalty: Depending on the amount of unlawful presence accumulated, they could face three- or 10-year bars on admission.

This means that having a travel permit would not necessarily protect someone from immigration consequences associated with leaving the country.

Attorneys Warn of Family Separations Lasting for Years

Jeff Joseph, president of the American Immigration Lawyers Association, said the decision reverses 14 years of established policy.

“It exposes these people to the risk of being barred from entering the United States and separated from their families for years if they leave the country and try to return, even if they have paid for and obtained permission to travel,” he said in a statement cited by EFE.

The impact could extend to everyday and family situations that had previously motivated people to use these permits.

• What changes: Those affected could face the bar after traveling to visit relatives, attend funerals, or participate in educational or work-related activities outside the United States.

DACA Beneficiaries Are Also Under the Spotlight

Todd Schulte, president of FWD.us, criticized the ruling and argued that it does not help make the United States safer or more prosperous, as the administration of President Donald Trump claims.

“It is simply another step by this administration to demonize and disparage DACA recipients,” he said.

The decision is also raising concerns because an approved travel permit could be interpreted by some immigrants as sufficient protection to travel and return.

• The limitation: Travel authorization does not necessarily mean that a person is protected from other inadmissibility rules.

Immigrants with Travel Permits Are Urged to Consult an Attorney Before Leaving the United States

Following the change, immigrant advocates recommended reviewing each individual case before using an already-approved permit.

A person’s immigration history and the amount of unlawful presence accumulated can be critical in determining the potential consequences of leaving the United States.

• What to do: Potentially affected immigrants should consult an attorney or qualified legal representative before leaving the country using advance parole.

The main warning is that obtaining a travel document by itself may not prevent a departure from triggering a bar that could complicate a person’s return to the U.S., according to EFE and Hindustan Times.