DACA recipients cannot get a U.S. passport. Deferred action does not make you a U.S. national, and federal regulations reserve U.S. passports for nationals only. You can, however, obtain a passport from your country of citizenship through its consulate or embassy in the United States, and that foreign passport works both as strong identification inside the country and as your travel document if you ever leave on Advance Parole.
Why a U.S. Passport Isn’t an Option
Title 22, Section 51.2 of the Code of Federal Regulations allows a U.S. passport to be issued only to a U.S. national.1eCFR. 22 CFR 51.2 – Passport Issued to Nationals Only That category covers U.S. citizens and a small group of non-citizen nationals from specific U.S. territories. DACA fits neither.
Deferred action is prosecutorial discretion. It pauses removal and authorizes employment, but USCIS is explicit that it does not provide lawful status, permanent residency, or a path to citizenship — only Congress can do that.2U.S. Citizenship and Immigration Services. Frequently Asked Questions – DACA For passport purposes, you remain a citizen of your country of birth.
Getting a Passport From Your Home Country
Because your legal nationality is unchanged, you apply for a passport the same way any citizen of your country living abroad would: through that country’s consulate or embassy in the United States. Consulates function as passport-issuing authorities for their citizens overseas.
The general process is straightforward. You schedule an appointment, usually through the consulate’s website or phone line, and appear in person. Consular staff typically collect biometrics — fingerprints, a photograph, and a signature — during the visit. You submit the consulate’s application form, hand over your supporting documents, and pay the fee. The finished passport is either mailed to you or picked up in person.
Fees and processing times vary a lot from country to country. Some consulates offer several validity periods at different prices; others charge a single flat fee. Many offer expedited service for an additional charge. Check your consulate’s website for the current fee schedule, accepted payment methods, and appointment availability before you go.
Documents You’ll Typically Need
Exact requirements differ by country, but most consulates ask for a similar core set of documents:
- A certified birth certificate from your home country as the primary proof of citizenship. Some consulates want a recent certified copy with modern security features rather than an older handwritten record.
- Current identification, such as your Employment Authorization Document, a previous passport, or a national identity card from your home country.
- Passport-sized photographs meeting the consulate’s specifications. Many countries follow a standard of roughly two inches by two inches with a plain white background, but confirm the exact requirements.
- The consulate’s own application form, often downloadable in advance, which usually asks for personal details, parent information, and previous addresses in your home country.
- Any prior passport or national ID card you’ve held, which helps the consulate verify your record in its domestic databases.
If any document is in a language other than the one used by your consulate, you may need a certified translation. And if you also plan to use the birth certificate for U.S. immigration purposes, the translator must certify that the translation is complete and accurate and that they are competent to translate between the two languages.
Using a Foreign Passport as ID in the United States
Once you have it, your foreign passport is one of the strongest identity documents you can carry day to day. The Transportation Security Administration lists a foreign government-issued passport as acceptable ID at airport security checkpoints.3Transportation Security Administration. Acceptable Identification at the TSA Checkpoint That matters more than it used to, because state driver’s licenses and IDs that aren’t REAL ID–compliant are no longer accepted for domestic flights.
Most states allow DACA recipients to obtain a driver’s license, and many issue REAL ID–compliant versions, but the types available vary by state. If your state doesn’t offer you a REAL ID license, a valid foreign passport is your practical option for boarding domestic flights. Beginning February 1, 2026, passengers without an acceptable ID at a TSA checkpoint can pay a $45 fee to use TSA’s ConfirmID identity verification system as a fallback.3Transportation Security Administration. Acceptable Identification at the TSA Checkpoint
If You Plan to Travel Abroad, You Need More Than a Passport
A foreign passport by itself does not authorize you to leave and re-enter the United States as a DACA recipient. Leaving without permission is one of the most damaging things a DACA holder can do: USCIS says a recipient who departs without an Advance Parole document is no longer in a period of deferred action and runs a significant risk of being unable to re-enter.2U.S. Citizenship and Immigration Services. Frequently Asked Questions – DACA Unauthorized travel on or after August 15, 2012 also breaks the continuous residence required for DACA renewal.
To travel legally, you file Form I-131, Application for Travel Documents, and request Advance Parole. USCIS may approve the request if the trip is for educational, employment, or humanitarian reasons.4U.S. Citizenship and Immigration Services. Instructions for Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records You need an active, approved DACA grant to file; a pending initial application does not qualify.5eCFR. 8 CFR 236.22 – Discretionary Determination
Coming back, you present two documents at the port of entry: your Advance Parole authorization and your valid, unexpired foreign passport. CBP uses the foreign passport as the primary identity document, and Advance Parole does not guarantee admission — officers keep discretion to deny entry during inspection.6U.S. Customs and Border Protection. Advance Parole
Your passport should be valid for at least six months beyond your intended return date. Many countries and airlines enforce that rule, and a passport close to expiration can prevent you from boarding your flight home or create problems at the border.7U.S. Department of State. Frequently Asked Questions about Passport Services Renew through your consulate before you file for Advance Parole if you’re getting close.
One more thing to check: if you’ll travel to a country other than your country of citizenship, that destination may require a visa based on your nationality rather than your U.S. residence. Look up the destination’s requirements for citizens of your home country on its consular website before you book.