Navigating the Challenges: What Happens When DACA Recipients Attempt to Leave the United States Permanently

Deferred Action for Childhood Arrivals (DACA) remains a contentious issue in the United States, with many questions surrounding what happens when individuals under the program try to leave the country permanently. In this article, we will explore the complexities and potential challenges faced by DACA recipients who wish to travel to a third country or return to their home country with the understanding that they may not return to the United States.

Understanding DACA and Legal Status

DACA recipients are considered undocumented individuals in most countries, including the United States. This means that they must follow a specific process to enter and exit different countries. For instance, a DACA recipient who wishes to visit a country other than their home country or to return to their original home country, would need to follow a series of steps to ensure compliance with international laws and regulations.

Required Steps for Travel and Citizenship Verification

First and foremost, those in the DACA program would have to return to their home country to establish their citizenship status. This process involves contacting the relevant government agency to verify their citizenship and obtain a passport. Without a valid passport, international travel would be impossible. Additionally, if they wish to move to a third country, they would need to apply for a visa, which would necessitate proving their citizenship status and meeting other requirements such as health checks and background verifications.

Complexities in Re-entering the United States

The process of re-entering the United States after leaving under the DACA program is not straightforward. A DACA recipient would have to demonstrate that they are of good moral character and have not committed any severe crimes. However, they would face a significant challenge in being legally re-admitted, as they may have violated immigration laws during their initial entry into the United States. The most likely scenario is that they would attempt to enter the United States through its southern border, where they would be classified as an undocumented immigrant and face deportation proceedings. Even if they were to return legally, they would have to navigate a 3, 5, or 10-year ban on re-entering the United States, depending on the circumstances of their departure.

Alternative Paths to Travel

Some DACA recipients are considering alternative paths to facilitate their travel, such as obtaining work or study visas from a third country. For example, a number of individuals are considering Canada as a viable option. However, these alternatives come with their own set of challenges, such as the need to master another language and the potential social and emotional consequences of leaving behind close family and friends.

Immigration Rights and Policies

The validity and legality of the DACA program are often subject to debate. As an administrative policy, DACA does not confer official immigration status and recipients are not recognized as US citizens or green card holders. Therefore, their citizenship status is determined by the country in which they were born, not the United States. In order to leave the country, DACA recipients must follow the legal procedures as any non-citizen, including obtaining a passport from their home country.

Final Thoughts

While the path to leaving the United States with DACA is fraught with challenges, it is crucial for individuals in the program to understand the full implications of their actions. Ultimately, the decision to leave the country is a complex and emotional one, and it is important to consider the long-term consequences for personal and family relationships.