At US-ILC, we listen, we care, we deliver: Let our 89 years of combined experience help you navigate the complexities of immigration law.
Can People Who Don’t Have Status Fly Domestically?
The Transportation and Security Administration website states you only need a valid foreign passport to fly domestically. This has enabled hundreds of thousands of people without legal immigration status to board planes and fly domestically without incident. Now, the new administration’s recent policy changes have made it increasingly difficult for undocumented immigrants to travel from one city to another.
Has Anything Changed?
Not only are there stricter measures around immigration, but customs and border agents have been working in closer alignment with the Immigration and Customs Enforcement in the search for undocumented immigrants living in the United States. Because of this, it is best to exercise caution and avoid flying domestically if you do not have proper legal immigration status in the U.S. The TSA has been randomly checking people and asking about their immigration status. People have been forced to acknowledge if they do not have any legal status, and on those occasions, they are being escorted to speak with ICE officers at the airports.
People traveling through certain airports across the U.S., such as Dallas, New Orleans, Chicago, and Fort Lauderdale, have already been detained. If you have DACA, TPS, or a Work Permit, and a TSA agent asks you about your immigration status, then you should explain your status to them. However, if you do not have status, it is still unclear whether you will have any legal obligation to answer TSA agents or if they will bring in an ICE agent to question you.
What Can You Do if You Are Stopped?
Given the risks involved in domestic air travel for undocumented immigrants, the best option may be to find another travel option, such as by bus or train. If you choose to fly, ensure you know your rights before boarding a plane. You also have other options if you’re stopped for questioning at an airport.
- Present any valid immigration documents you may have (DACA/TPS, etc.)
- Be honest with your responses
- Request a lawyer
If you are considering flying domestically and do not have status in the U.S., or if you have questions regarding another immigration legal matter, contact U.S. Immigration Law Counsel for a strategy session to discuss your case.
