Recently, a woman in El Paso, Texas was detained by border patrol agents before boarding a flight. The detention was unexpected for a few reasons. First, the woman has DACA, or Deferred Action for Childhood Arrivals which offers temporary protection. And, the flight was domestic, not international — instilling new fears around travel for immigrants.
In our latest edition of the Check-In: Voices from Milwaukee’s Changing Immigrant Landscape, we find out what people with vulnerable immigration statuses should know before they travel internationally. WUWM’s Jimmy Gutierrez talks with Soberalski Law Office paralegal Noelia Gramajo and senior intake specialist Alejandra Rios to learn more.
This conversation has been edited for clarity and length.
Jimmy Gutierrez: We're talking now because a lot of the work that the two of you do is to take calls and questions from clients who are thinking about travel — either domestically or internationally. So I was thinking maybe we could do a kind of mock interview. I'm coming to you to understand what I should know about potentially traveling. My first question would be, is it safe to travel right now?
Alejandra Rios: I think that question in particular is a hot topic, especially under the current administration that we're under. What I would first pinpoint is what your current status is. Second, what is your criminal history? And third, are you in removal proceedings or do you have an open deportation orders? After confirming those three points, then advice will vary and risks will also vary depending on the answers to those questions.
If all of those three points are OK, let's say you don't have a criminal history, you are not in removal proceedings and let's say you have a green card, you are allowed to travel with your valid card and your valid passport. As long as you have those two things, you should be allowed back into the U.S.
Now, if you're a DACA holder that changes things. So you're a little bit more limited when it comes to travel. If you are a DACA recipient, this usually means that you have already obtained Advanced Parole document and you've been approved. So this will mean that you will have to travel within the travel dates that you were approved for. You will still need to take your valid passport and your current DACA card.
So I'm signed off of those points, I think I'm OK to travel. How do I go ahead and get my travel documents?
Noelia Gramajo: I would recommend that you hire an attorney just so they can screen you to see your criminal history and if you are in removal proceedings. It's very important to know both things because a lot of people come in thinking that they don't have anything, and then when we do request them, then something comes up.
But after you pass that first stage of getting screened and the actual request for Advanced Parole begins, you will meet with one of us. So in order to qualify for Advanced Parole, you need to have either a humanity reason, an educational reason or a professional reason.
And despite the many obstacles Advanced Parole might present, looking at it by first glance, we strongly encourage folks who are recipients to still pursue it because it is a very unique experience and it is a unique opportunity. And just like every other case in immigration, we just don't know how long it will be available for folks. And we don't want folks to think that they never had the opportunity to pursue it, especially under this new administration.
It just seems like there are so many changes that are happening — what was safe yesterday is not safe today. And things are going to continue to change. So what is the bigger takeaway from this moment or what should clients that are calling you know about what's happening now?
Alejandra Rios: I think the most important message for clients is to be aware that there are risks that maybe in the past weren't presented, and to fully educate themselves in the current situation that they're personally in. And to not let fear stop them from traveling or from advocating for themselves.
