Ruling threatens to bar immigrants from U.S. over travel permits
Translated from Spanish, summarized and contextualized by DistantNews.
At a glance
- A new U.S. immigration ruling could penalize undocumented immigrants who use travel permits.
- The Board of Immigration Appeals (BIA) decision impacts those with Temporary Protected Status (TPS), DACA, or pending asylum/adjustment of status applications.
- Immigrants with over 180 days of unlawful presence could face 3-10 year bans from re-entering the U.S.
Immigrant advocates are warning of significant risks following a recent U.S. immigration ruling that could lead to severe penalties for undocumented individuals using travel permits. The Board of Immigration Appeals (BIA), part of the Department of Justice, issued a new decision concerning the use of 'advance parole,' a permit granted to certain immigrants.
The decision reverses fourteen years of established policy and โputs in dangerโ people with lives rooted in the U.S.
The ruling, specifically in the case 'Matter of Del Carmen-Lara,' affects immigrants who have Temporary Protected Status (TPS), Deferred Action for Childhood Arrivals (DACA), or are in the process of adjusting their status or seeking asylum. According to the decision, individuals who have accumulated more than 180 days of unlawful presence in the U.S. and subsequently use an advance parole permit could face inadmissibility, resulting in a ban from re-entering the country for three to ten years.
Immigration lawyers express deep concern, stating the decision overturns established policy and endangers individuals with strong ties to the U.S. "It exposes these individuals to the risk of being barred from entering the United States and separated from their families for years if they leave the country and attempt to return, even if they have paid for and obtained the permission to travel," said Jeff Joseph, president of the American Immigration Lawyers Association. This means affected individuals may be unable to travel abroad for family emergencies, funerals, or work-related activities without risking a lengthy ban.
It exposes these individuals to the risk of being barred from entering the United States and separated from their families for years if they leave the country and attempt to return, even if they have paid and obtained the permit to travel.
Critics argue the ruling contradicts government claims of enhancing national security and prosperity. Todd Schulte, president of FWD.us, stated, "This is simply another step by this Administration to demonize and belittle DACA beneficiaries." Immigrant advocates are strongly advising individuals to consult with legal counsel before utilizing any travel permits.
This is simply another step by this Administration to demonize and belittle DACA beneficiaries.
Originally published by Proceso Digital in Spanish. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.