Over the past month, there have been increased reports of Immigration and Customs Enforcement (ICE) detaining noncitizen travelers at airports, including travelers who have pending immigration court cases or pending affirmative benefit applications. Incidents have occurred before and after landing on domestic flights. Previously, airport immigration detentions focused on individuals with removal orders or administrative warrants.
Based on these reports, and out of an abundance of caution, it is strongly recommended that:
- Noncitizens with pending immigration cases and temporary visa statuses, in addition to noncitizens with old removal orders or criminal history, consult with an immigration attorney who is aware of recent immigration enforcement at your departure and arrival airport before any travel;
- Individuals who do not have any immigration status should avoid airport travel, including domestic travel due to the risk of immigration enforcement.
The Transportation Security Administration (TSA), which is the federal agency responsible for airport security, now shares passenger information with ICE. ICE can use this information to target individual travelers for immigration arrest at airports.
Travelers at a particularly high risk of detention include individuals who do not have current immigration status (including those with pending immigration court cases and/or pending applications with USCIS), travelers whose immigration status has expired or been terminated, and travelers with old removal orders. Even if you now have some form of immigration status (like withholding of removal or Convention Against Torture protection), you could be targeted by ICE if you have a removal order.
You also could be targeted if ICE has a warrant against you, which can happen even if you have lawful status. For example, even as a lawful permanent resident you could face an immigration arrest if you have had contact with the criminal legal system, including arrests, convictions, and even expunged convictions.
This resource provides travel safety tips and other resources for immigrants traveling through U.S. airports. https://www.nilc.org/resources/community-alert-immigration-arrests-at-airports