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Can I travel to a U.S. territory like Puerto Rico if I have DACA?

By December 1, 2022Immigration
A woman getting ready to travel with her passport and suitcase

The answer is most likely yes. It is technically safe for someone under Deferred Action for Childhood Arrivals, “DACA” and individuals under Temporary Protected Status, “TPS” to travel to U.S. territories like Puerto Rico and U.S. Virgin Islands. We discuss DACA here. We discuss TPS here.

However, it should be noted that travel may be risky if the noncitizen has some issue as to the validity of his status. This may be more apparent in cases where the individual has committed a disqualifying crime that jeopardizes one of those protected statuses.

The reason these noncitizens under such protected status may face risk in traveling to a U.S. territory is that Customs and Border Protection, “CBP” officers are more prevalent in airports and therefore more vigilant in these territories simply because they are not part of the mainland U.S. and more foreigners cross through their airports. As a result, it has been reported that in some of these ports of entry and airports, CBP officials may conduct inspections of all travelers crossing through these check points which would not be common in U.S. states for travelers that travel in between states within the United States.

As a result, noncitizens in authorized protected status, should be careful not to participate in any conduct or crime that could disqualify them from their status because if a CBP officer has any doubts about the noncitizen’s status, an officer may detain the noncitizen and place the noncitizen in removal proceedings. We discuss removal proceedings here.

It also may be wise to consider not traveling outside the United States regardless, since authorized protected statuses like DACA and TPS are granted on a discretionary bases and are temporary in nature. As a result, although few, there have been reported incidents where immigration officials have detained and attempted to take away such protected status when it is suspected that the individual has committed a criminal act or simply for committing acts that create a perception that the noncitizen may be a threat to national security.

Finally, there can also be an odd event like an emergency occurring on an airplane causing the plane to land in a foreign country where readmission of the noncitizen under protected status becomes unclear since under normal circumstances a noncitizen requires a visa or travel authorization document to re-enter. Technically, the protected status, is not a travel document and upon return to the U.S. territory, a CBP officer can justify denial of entry based on the argument that the noncitizen did not posses a travel document.

If travel by the noncitizen in protected status is required, then as indicated, the noncitizen should make sure that he is valid status based on conduct or even by making sure the status has not expired and not travel if the noncitizen has a prior removal or deportation order even if they have protected status. A CBP officer there can justify denial of re-entry based on the argument that the departure on a removal order bars the noncitizen from entering the United States.

A final option to consider if travel is required, is to apply for a travel document under TPS or parole under DACA which are the appropriate travel documents that may be applied for and increases the chances of a CBP officer in allowing re-entry into the United States. Keep in mind that a CBP officer is still not required to allow for re-entry even if the parole or travel document is possessed by the noncitizen. Therefore, it is not possible to avoid all risk when traveling outside the United States under TPS or DACA protection.

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