WASHINGTON, DC – Justice Action Center condemned a new decision from the Board of Immigration Appeals issued last week that reverses a longstanding protection for people who plan to travel abroad with the government’s permission through advance parole, potentially exposing them to a ten-year barrier to obtaining permanent legal status.
Karen Tumlin, founder and executive director at Justice Action Center, issue the following statement:
“This decision is outrageous. For over a decade, people have relied on a clear rule: if the government gave someone permission to travel and return on advance parole, doing so would not trigger a years-long barrier to obtaining permanent legal status. Now the Justice Department’s immigration appeals board is cruelly reversing that longstanding assurance.
“For many DACA recipients and others, advance parole has meant being able to see a sick parent, attend a funeral, study abroad, attend work convenings, or seek critical medical care without sacrificing their chance at a secure future in the United States. This decision turns that permission to travel into a trap for some DACA recipients: leave the country—even with the government’s explicit and written permission—and you may trigger a ten-year barrier to obtaining permanent legal status.
“For DACA recipients and others who have spent years doing everything the government asked of them, this is yet another effort by the Trump administration to move the goalposts and put permanent legal status further out of reach. DACA recipients need Congress to act and ensure they have a path to permanent status in the country they call home.”
“To DACA recipients, this decision does not end the ability of all DACA recipients to use advance parole and return without triggering the ten-year bar. Before traveling on advance parole consult with a qualified attorney about your individual circumstances. Also, critically, this decision applies prospectively only. That means that if you previously traveled on advance parole you should not have issues using that return entry to adjust your status.”