In January 2025, the Department of Homeland Security (DHS) issued updated guidance that could significantly impact advanced parole holders and participants in programs like DACA (Deferred Action for Childhood Arrivals) and TPS (Temporary Protected Status). These changes introduce heightened risks for international travelers relying on advanced parole or other forms of discretionary parole. If you’re considering traveling outside the U.S., it’s vital to understand how these updates may affect your ability to return.
What Is Advanced Parole?
Advanced parole is a travel document that allows certain non-citizens without permanent resident status to leave the U.S. and return without jeopardizing their immigration case. It is commonly used by individuals waiting for green card approval, DACA recipients, or TPS holders to temporarily travel abroad. While advanced parole previously offered a relatively secure travel option, the DHS’s recent policy changes highlight new risks and uncertainty for those who leave the U.S. with this status.
DHS 2025 Guidance: What Changed?
The January 2025 memorandum outlines stricter reviews of parole cases, including advanced parole, and broadens the scope of expedited removal. Key updates include:
- Reassessment of Parole Cases:
- DHS is now reviewing previously granted parole to ensure compliance with updated policies.
- Parole may be terminated if it is deemed inconsistent with the latest directives.
- Expanded Expedited Removal:
- Individuals who have been in the U.S. for less than two years are now subject to expedited removal.
- Travelers using advanced parole risk heightened scrutiny when re-entering the U.S., potentially triggering expedited removal proceedings.
- Program Vulnerability:
- Under evolving policies, programs like DACA, TPS, and humanitarian parole programs that rely on discretionary parole authority may be subject to increased review or termination.
The Risks of Traveling on Advanced Parole
If you are planning to travel internationally, be aware of the following risks:
- Re-entry Is Not Guaranteed: Advanced parole does not guarantee re-entry into the U.S. Customs and Border Protection (CBP) officers may reassess your case upon arrival.
- Parole Termination: DHS can terminate parole upon your return if circumstances have changed or if your initial grant no longer aligns with updated policies.
- Heightened Scrutiny for Immigration Programs: Participants in programs like DACA and TPS may face additional challenges, especially if those programs are paused, modified, or terminated.
Who Should Be Cautious?
The recent changes particularly impact:
- DACA Recipients: Traveling on advanced parole under DACA is riskier, as this program’s reliance on parole authority may be reevaluated.
- TPS Holders: Temporary Protected Status is discretionary and may face stricter enforcement or revocation.
- Individuals with Pending Adjustment of Status Applications: Those awaiting green card approval could see changes in their parole status.
- Humanitarian Parole Participants: Programs based on humanitarian grounds may face increased termination risks.
How to Protect Yourself Before Traveling
Before traveling internationally with advanced parole, consider these steps:
- Consult with an Immigration Attorney: Get expert advice to determine whether traveling is safe for your specific situation.
- Verify Your Case Status: Ensure there are no unresolved legal or immigration issues that could complicate your return.
- Stay Informed about Program Changes: Stay updated about any modifications to programs like DACA, TPS, or other forms of discretionary parole.
- Postpone Non-Essential Travel: If your trip is not urgent, consider waiting until policies stabilize to minimize risks.
Potential Program Changes to Watch For
Participants in immigration programs should be aware of potential shifts in DHS policies, including:
- DACA: The continued existence of DACA relies on DHS discretion. If terminated or modified, it could impact advanced parole holders.
- TPS: Temporary Protected Status is subject to periodic renewal and, under the new policies, could be subject to stricter eligibility criteria or revocation.
- Humanitarian Parole Programs: Humanitarian parole may see limitations or be canceled if deemed inconsistent with the DHS’s latest directives.
Conclusion
The 2025 DHS memo introduces significant uncertainty for individuals relying on advanced parole or participating in discretionary immigration programs like DACA and TPS. Traveling internationally carries considerable risks, including potential re-entry denial and program termination. If you are considering international travel, consult an experienced immigration attorney to fully understand the implications of these policy changes on your specific case.
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