Recent reports of increased immigration enforcement and ICE detentions at U.S. airports have understandably raised concerns among immigrants who are planning to travel within the United States.
Domestic travel has always required additional consideration for people who are undocumented, have fallen out of lawful immigration status, have prior removal orders, or have other immigration complications. Recent enforcement activity makes understanding your individual risk even more important.
One question I hear frequently is:
“I have a pending green card application and a work permit. Isn’t it safe for me to fly?”
Unfortunately, the answer is not always that simple.
A Pending Green Card Application Is Not the Same as Lawful Immigration Status
Many people applying for Adjustment of Status receive an Employment Authorization Document (work permit) while waiting for USCIS to decide their green card application.
This can understandably make it seem like they now have lawful immigration status in the United States, but a pending Adjustment of Status application and a work permit do not necessarily confer underlying lawful immigration status.
For many applicants, a properly filed Adjustment of Status application places them in a period of authorized stay while the application is pending. That is important, but it is not necessarily the same as maintaining an independent nonimmigrant status.
For example, the analysis may differ significantly for someone who maintains valid nonimmigrant status compared with someone who entered as a visitor, overstayed, and later filed for Adjustment of Status.
This distinction can matter most when you encounter immigration enforcement.
Why Airports Can Present Additional Immigration Risks
Airports bring travelers into contact with federal agencies and government screening systems.
Recent reports of immigration enforcement activity at airports are an important reminder that simply traveling within the United States does not insulate someone from potential contact with immigration authorities.
The level of risk will depend heavily on the individual’s immigration history.
Factors such as a prior removal order, periods without lawful status, pending immigration applications, prior immigration violations, and criminal history can all be relevant.
That is why there is no universal answer to the question, “Is it safe for me to fly domestically?”
Domestic Travel Isn’t Limited to Flying
Immigration concerns can also arise when traveling by car, bus, or train.
Customs and Border Protection operates within areas near U.S. borders, and immigration enforcement encounters can occur away from airports as well.
Where you are traveling, how you are traveling, and your individual immigration history can all affect the level of risk.
What Should You Do Before Traveling?
If you have concerns about your immigration status, speak with your immigration attorney before you travel rather than assuming that a pending application or work permit makes travel risk-free.
You should also make sure you understand what immigration documentation you should carry and have a plan in place in case you encounter immigration authorities.
Most importantly, base travel decisions on your specific immigration history, not another person’s experience.
The fact that a friend with a pending green card application flew last month without any problems does not necessarily mean that your immigration circumstances present the same risks.
Download Our Free Domestic Travel Guide
To help immigrants better understand these issues, I have created a Domestic Travel Information Guide based on guidance from the American Immigration Lawyers Association (AILA).
The guide includes information about:
- Airport travel and immigration enforcement
- TSA screening and information sharing
- Bus and train travel
- Travel near U.S. borders
- Important precautions to consider before traveling
- Documents and information you may want to have available
- Practical steps you can take before leaving home
Download the Domestic Travel Guide
Have Questions About Your Immigration Situation?
I am not sharing this information to discourage everyone from traveling. Many immigrants travel domestically without incident.
The important takeaway is that immigration risk is highly individualized, particularly in the current enforcement environment.
If you are considering domestic travel and are concerned about how your immigration history could affect your risk, speak with a qualified immigration attorney before making your travel plans.
If you would like legal advice regarding your family-based immigration case, you can schedule a consultation with our office.
This article and downloadable guide are provided for general educational purposes only and do not constitute legal advice. Immigration enforcement policies and practices can change quickly. Individual circumstances vary, and you should obtain legal advice regarding your specific situation.
Watch the Video
In this short video, I discuss recent reports of ICE enforcement at U.S. airports and why having a pending Adjustment of Status application or work permit does not necessarily mean domestic travel is risk-free.
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