New U.S. Immigration Rule Impacts TPS and DACA Recipients Using Advance Parole

A significant ruling by the U.S. Board of Immigration Appeals (BIA) has altered the landscape for immigrants using Advance Parole, potentially barring many from re-entering the United States. The BIA overturned a previous decision, Matter of Arrabally and Yerrabelly, which had allowed individuals to travel abroad with Advance Parole without it counting as an "entry" or "exit" that would trigger penalties for unlawful presence.

The new interpretation, stemming from the Del Carmen-Lara case, means any travel outside the U.S. using Advance Parole will now be considered an "exit." Consequently, individuals who accumulated unlawful presence before obtaining their current protected status, such as Temporary Protected Status (TPS) or Deferred Action for Childhood Arrivals (DACA), will face re-entry bans. This reversal of the 2012 precedent creates new risks for these beneficiaries.

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The case of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012), is hereby annulled. The legal text does not contain limiting language that exempts certain deviations from this definition.

Immigrant advocates express grave concern, warning that TPS and DACA recipients could be prohibited from returning to the U.S. or face lengthy separations from their families if they travel abroad, even with an approved Advance Parole permit. "This is another step by the Trump administration to demonize and belittle DACA beneficiaries," stated Todd Schulte, president of FWD.us, in an interview with El Nuevo Herald.

Legal experts like Gustavo Mora suggest that individuals who planned to use Advance Parole for re-entry to apply for permanent residency might now need to pursue a waiver of inadmissibility. The BIA's decision clarifies that the legal text lacks limiting language exempting certain deviations from the definition of an exit, thus applying the new rule broadly.

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It is another step by the Trump administration to demonize and belittle DACA beneficiaries.