Advance Parole 10-Year Ban Risk: Green Card Holders Detained at US Airports 2026

Two major developments in August 2026 have dramatically increased travel risks for foreign nationals with pending immigration matters, including those awaiting I-485 adjustment of status decisions common among EB-3 applicants. The Board of Immigration Appeals issued Matter of Delcarmen-Lara on August 13, 2026, overruling the 2012 Arrabally decision that had for 14 years allowed advance parole travel without triggering unlawful presence bars. Under the new ruling, any international departure — even on a valid advance parole document — now activates the 3-year bar (for those with 180 days to one year of unlawful presence) or the 10-year bar (for those with over one year). This directly affects DACA recipients, TPS holders who entered without inspection, and anyone with a pending adjustment application who has accumulated unlawful presence. For EB-3 applicants who have been waiting years in the backlog, this risk deserves careful evaluation before any international travel. On the domestic side, a May 2025 TSA-ICE data-sharing agreement allows ICE to receive passenger manifests multiple times per week. ICE has more than doubled its enforcement personnel and is no longer restricted by the former 'sensitive locations' policy — making airports active enforcement zones. Even employees with valid EADs have been arrested on domestic flights, meaning a trip from one U.S. city to another could result in detention for anyone with a pending application, expiring status, or prior removal history. The combined effect creates a dual travel threat: international travel can bar reentry for years, while domestic travel can result in immediate detention. Employers should audit their workforce for travel vulnerabilities, pause international business travel for affected employees, and establish detention response protocols. Litigation challenging Delcarmen-Lara is anticipated, and USCIS guidance may follow. EB-3 applicants with any period of unlawful presence or a pending I-485 are strongly advised to consult immigration counsel before traveling — domestically or internationally — until the legal landscape stabilizes.