International Travel & Advanced Parole

 
Travel authorization called advanced parole might be possible for individuals with an approved and valid DACA.

• The original 2012 policy allowed DACA individuals to use this advanced parole for "education, humanitarian and work purposes," including participating in study abroad programs. 
• The 2021 injunction does not affect DACA benefits already granted, or renewal of already-granted DACA protection, including ancillary requests for DACA advance parole for those DACA recipients. 
• Read the July 16, 2021 court order, and the July 16, 2021 injunction order. 

However, reentry to the United States can never be guaranteed, even with advanced parole authorization. Undocumented students with or without DACA should seek the advice of an immigration attorney to weigh this risk before departing the United States on a study abroad program. 

Texas A&M students can find more information here: https://global.tamu.edu/ea/students/safety-and-culture-abroad/immigration-and-nationality

Travel Near the Border

 
TAMUS does not ask students/guardians about their DACA or other undocumented status if they are within the United States. As such, students should know the risk and make decisions based on whether to travel accordingly. Student Travel – TAMU: University Rule 13.04.99.M1 - Student Travel  

At various checkpoints near the border, Customs and Border Protection (CBP) agents inspect vehicles and ask drivers for their paperwork and citizenship status. 

• Noncitizens can drive through, but they must carry with them documentation that proves they are authorized immigrants. 
• It is always possible that all students are asked for their citizenship status and/or paperwork when traveling near the border. 

A few other legal provisions to consider when traveling close to the Texas-Mexico border are SB4 and the 100-mile border zone regulations. 

travel within the united states

 
The United States includes the 50 states, Washington D.C, and the territories of Puerto Rico, U.S. Virgin Islands, American Samoa, Guam, and Northern Mariana Islands.  
 
You will need some form of government-issued identification while traveling within the United States.  

• This identification could be a passport, state ID card, driver license.  
• “Identification while in the United States”:  This is a document from Goucher College, Maryland and the document provides information on different documents that can be acceptable forms of identification for international students for identification purposes.
  • Please be aware that the rules may differ by state.

“Guide for Undocumented Individuals Travelling in the U.S”: This is a resource from Immigrants Rising. There is useful information to take note of about travel in the United States for undocumented individuals. 

Key Terms & Current State of DACA

 

Disclaimer

This information is not intended to constitute legal advice and should not be relied upon as such. Please note that while Texas A&M University aims to help undocumented students become aware of how the DACA program works, individuals who wish to assess their eligibility or to renew DACA benefits should be counseled to consult an experienced immigration lawyer or recognized/accredited organization or representative for legal advice or for legal assistance in applying for any DACA benefit. 

Key Terms

• Undocumented - A foreign-born person who: (1) entered the United States without inspection or with fraudulent documents; or (2) entered legally as a nonimmigrant but then violated the terms of their status and remained in the United States without authorization.
• DACA - Deferred Action for Childhood Arrivals is an executive action enacted in 2012 by President Obama. This measure aims to defer immigration action, such as deportation, for certain undocumented populations who arrived in the U.S. as children and met several other enumerated criteria. 
  • Currently, DACA is undergoing judicial challenges and only DACA renewals are being processed; no new DACA applications are being accepted. 
  • For all details on DACA visit: https://www.uscis.gov/DACA 
• Temporary Protected Status (TPS) - Status granted to natives of certain countries who have experienced (1) natural disaster in the homeland or (2) ongoing conflict. 
  • TPS is available for specific countries and status is granted for a limited period. 
  • For all TPS details visit: https://www.uscis.gov/humanitarian/temporary-protected-status

The Current State of DACA

As of June 18, 2024, the white house announced support for DACA employees in the U.S. and actions to support noncitizen spouses and children of U.S. citizens.

• White House Press Release
• DHS Fact Sheet

On Sept. 13, 2023, the U.S. District Court for the Southern District of Texas issued a decision finding the Deferred Action for Childhood Arrivals (DACA) Final Rule unlawful and expanding the original July 16, 2021, injunction and order of vacatur to cover the Final Rule. However, the court maintained a partial stay of the order for “all DACA recipients who received their initial DACA status prior to July 16, 2021.” See the Memorandum and Order (PDF, 1.35 MB) and Supplemental Order of Injunction (PDF, 72.53 KB). 

Deportation Assistance

 

If you are facing deportation, it is recommended for you to take the following actions:

1. Seek legal counsel from an experienced immigration attorney AS SOON AS POSSIBLE.   
2. Consult with Student Assistance Services so they can assist you with keeping the University informed if you will no longer be able to remain a student. They can help you communicate with your professors, ResLife, etc. as needed. 
3. Inform ISSS about your situation. If you are calling outside of business hours, call 979-845-1824 and press 2 to be transferred to the ISSS emergency call center.