DACA and TPS holders traveling abroad could be barred from returning
A new immigration board ruling could impose multi-year reentry bars on DACA and TPS holders who travel abroad with prior authorization, reversing 14 years of protection for those with accrued unlawful presence.
Aug 13, 2026

The Board of Immigration Appeals issued a decision in Matter of Milagro Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026), on August 13, 2026, overruling the 14-year-old Matter of Arrabally and Yerrabelly precedent that had protected Advance Parole travelers from triggering reentry bars. Previously, people who entered without inspection or overstayed a visa could travel abroad with Advance Parole and reenter without activating inadmissibility bars. Now, anyone who has accrued 180 days or more of unlawful presence could face a 3-year bar, or a 10-year bar if unlawful presence reached one year or more, after traveling on Advance Parole, affecting DACA, TPS, and pending green card applicants. The ruling applies prospectively, but those with accrued unlawful presence are being urged to reassess any planned Advance Parole travel.
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Sources
- Documented
- BIA Overrules 14-Year Arrabally Precedent: Advance Parole Travel Now Triggers Unlawful Presence Bars
Clinch Law·Aug 21, 2026·archived copy
- U.S. Department of Justice
- BIA Overrules Arrabally: Advance-Parole Travel Can Trigger the Unlawful-Presence Bar
Immigration Policy News·Aug 18, 2026
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