Increased ICE Activity at Domestic Airports: What Travelers Need to Know Before Traveling Within the United States

For many years, the general advice to undocumented immigrants was that domestic air travel within the United States was relatively low risk, provided they carried acceptable identification and avoided international travel. While there was never a guarantee that domestic travel was completely free of immigration consequences, it was uncommon to hear of travelers being detained by immigration authorities after boarding a domestic flight. 

That advice has changed. 

Over the past several months, immigration attorneys across the country have seen a noticeable increase in reports of Immigration and Customs Enforcement (ICE) officers encountering and detaining individuals at domestic airports. These encounters have included not only individuals with final removal orders, but also people with pending immigration applications, valid employment authorization documents, and active cases before USCIS or the immigration courts. 

While every case is different, one common thread has emerged: having a pending application or a work permit does not necessarily protect a person from detention and deportation proceedings. 

Why Is This Happening? 

The federal government has significantly increased interior immigration enforcement efforts. As part of these efforts, ICE has expanded enforcement operations in locations where officers may encounter individuals who are removable under immigration laws, including transportation hubs. 

Domestic airports have become one of those locations. 

Transportation Security Administration (TSA) officers are responsible for verifying a traveler’s identity for aviation security purposes, not enforcing immigration law. However, if questions arise regarding a traveler’s identity or immigration history, or if law enforcement databases reveal prior immigration encounters, ICE or other federal law enforcement agencies may become involved. 

In many reported cases, travelers were initially stopped for identity verification or secondary screening before being questioned about their immigration status. 

A Pending Immigration Case Is Not the Same as Lawful Status 

One of the most common misconceptions we hear is: 

“I have a case pending, so I should be okay.” 

Unfortunately, that is not always true.

Many immigration applications allow an individual to remain in the United States while the application is pending. Some applications also allow the individual to receive employment authorization. 

However, a pending application does not necessarily place someone in lawful immigration status. 

Examples include individuals who have: 

• Pending, timely filed extension of status applications where the prior status has since expired; 
• Pending, timely filed change of status applications where the prior status has since expired; 
• Pending asylum applications; 
• Pending adjustment of status (green card) applications; 
• Pending U visa or VAWA petitions; 
• Pending cancellation of removal applications; 
• Valid Employment Authorization Documents (EADs); or 
• Other pending humanitarian applications.

These individuals may have authorization to remain in the United States while their cases are being processed, but depending on the facts of their case, they may still be considered removable under the immigration laws. This distinction is critically important. 

Employment Authorization Is Not Immigration Status 

Another area of confusion involves work permits. 

Receiving an Employment Authorization Document (EAD) is an important benefit that allows an individual to lawfully work in the United States. 

However, a work permit is not the same thing as lawful immigration status. 

Many people are surprised to learn that someone can possess a valid work permit while still lacking underlying lawful status. If ICE encounters that individual, the existence of the work permit alone may not prevent detention. 

Who May Face the Greatest Risk? 

Every case should be evaluated individually, but individuals who may face increased risk when traveling domestically include those who:

• Entered the United States without inspection and have not obtained lawful immigration status; 
• Have pending applications but no independent lawful immigration status; 
• Are currently in removal proceedings; 
• Have prior removal orders; 
• Have missed immigration court hearings; 
• Have prior encounters with immigration enforcement; or 
• Have unresolved issues in their immigration history. 

Conversely, individuals who currently hold lawful nonimmigrant status with an unexpired Form I-94, lawful permanent resident status, or U.S. citizenship generally face significantly lower immigration-related risks during domestic travel, although they should always carry appropriate identification and immigration documentation. 

Should You Cancel Your Trip? 

There is no one-size-fits-all answer. 

For some individuals, domestic travel may still be appropriate. For others, particularly those without current lawful immigration status or those with complicated immigration histories, postponing nonessential travel may be the safest decision until they have spoken with an experienced immigration attorney. 

What is clear is that people should no longer assume domestic flights are “safe” simply because they never leave the United States. 

Before You Travel 

If you are considering domestic travel and have any uncertainty about your immigration status, consider the following: 

• Speak with an experienced immigration attorney before making travel plans. 
• Understand whether your pending application provides lawful status, authorized stay, or only employment authorization. 
• Carry valid government-issued identification. 
• Carry copies of important immigration documents, such as receipt notices, approval notices, work permits, or notices of upcoming immigration court hearings, if applicable. 
• Make sure your attorney has your current contact information and travel itinerary if you have a particularly complex case. 

These documents may not prevent an encounter with ICE, but they can help explain your current immigration situation if questions arise. 

Our Advice to Clients 

We are increasingly counseling clients without current lawful immigration status to carefully evaluate whether domestic travel is truly necessary. While many individuals continue to travel without incident, recent enforcement activity demonstrates that the risks have changed. 

Final Thoughts 

Immigration enforcement policies continue to evolve, and what was considered low-risk in the past may no longer be low-risk today. 

If you have a pending immigration application, a valid work permit, or an active case in immigration court, do not assume those facts alone protect you from immigration enforcement during domestic travel. 

Before booking a flight, take the time to understand your legal posture. A brief consultation with an experienced immigration attorney can help you assess your individual risk and make an informed decision. 

No blog or social media post can substitute for legal advice tailored to your specific circumstances. If you have questions about your immigration status or the risks associated with domestic travel, consult with a qualified immigration attorney before you fly. 

To schedule a consultation with one of our experienced attorneys, please contact us at 312-427-6163.