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DACA and Education Abroad

  • Alexander Community Law Center

    DACA students who are interested in pursuing SCU programs abroad, should seek guidance here, as the Center is able to support our DACA students through legal advising.

    Students may call the Center at 408-288-7030 to schedule an appointment.  Lynette Parker, Associate Clinical Professor at the Center, and her colleague, Margarita Sandoval are the contacts.

Deferred Action for Childhood Arrivals (DACA)

DACA update 11/15/16

Following the US Presidential election there may be changes to US governmental policy, especially regarding the President Elect's intention to repeal Executive Actions; this is likely to impact DACA students.

SCU’s Immigration Law School experts advise that DACA students traveling outside of the US after January 20, 2017 are not likely to be allowed to re-enter the US.  This means that any DACA students currently pursuing global programs or opportunities through the University should not plan to pursue these after the end of Fall Quarter/Semester 2016.   We can expect that DACA students outside of the US after January 20, 2017 will not be permitted to re-enter the country.

The University strongly supports DACA students and their access to education, including the global experiences that make up a distinctive SCU education and we will continue to advise DACA students on options and opportunities available to them.

 

Santa Clara University strongly encourages eligible DACA students to consider pursuing education abroad opportunities in keeping with their academic and personal goals.  Students who have been granted Deferred Action for Childhood Arrivals (DACA) may explore whether or not to apply for Advance Parole for "education and humanitarian and work purposes" from the Department of Homeland Security (DHS).  The process is complicated and each student's situation may be highly individual.  DACA students interested in exploring the possibility of pursuing programs abroad while at Santa Clara University are strongly advised to seek counsel with an immigration attorney prior to applying for programs abroad.  SCU's Law School offers advising to any SCU DACA student who wishes to seek counsel to consider options for educational programs abroad.  There is no charge for this advising.

Even if a student has been granted Advance Parole and the approval to participate in an university program abroad, re-entry back to the US cannot be guaranteed.  Students should discuss the risks associated with re-entry with their legal counsel.

Resources

FAQs

No.  DACA specifically refers to students who have gone through a process to obtain documentation that has granted them Deferred Action for Childhood Arrivals (DACA).

No.  There are very specific qualifications that must be met in order for undocumented individuals to apply for DACA.

There are specific qualifications that must be met in order for DACA students to be granted Advance Parole; DACA students must apply for and be granted Advance Parole in order to travel abroad for educational purposes.

 

Due to the risks that may be associated with leaving and re-entering the country, Undocumented students who do not qualify for DACA are strongly advised against pursuing university programs abroad.  Non-DACA students may not have sufficient immigration documents to apply for re-entry to the US and may risk not being able to return to the the US and/or their academic program.   Non-DACA students may not have sufficient immigration documents to apply for visa requirements for specific countries.