Air travel within the United States has become more uncertain for many immigrants, even for those with valid legal status or pending applications.
Although all travelers are inspected by Customs and Border Protection (CBP) upon entering the country, in recent months there have been reports of stricter scrutiny at airports and border crossings, including the detention of permanent residents and people with valid visas.
This context coincides with a tightening in the enforcement of immigration policies and increased information sharing between federal agencies. Experts note that the level of risk varies by case, but recommend staying informed, reviewing your immigration situation, and preparing before traveling.
What is happening at airports
In recent years, several organizations have warned of increased coordination between the Transportation Security Administration (TSA) and Immigration and Customs Enforcement (ICE), both under the Department of Homeland Security.
This cooperation includes the sharing of passenger data through programs such as Secure Flight, originally created for security purposes but which can also be used to identify individuals with deportation orders or other immigration issues.
According to a Reuters report, more than 800 people were arrested between 2025 and 2026 after being identified through information shared by TSA. Organizations such as the National Immigration Law Center have also reported cases of airport detentions linked to the use of this data.
Traveling on domestic flights
Although reports of detentions at airports have increased, there is no federal prohibition that prevents undocumented individuals from taking domestic flights. However, this does not mean that it is completely safe. The level of risk varies depending on each case, so experts recommend consulting with an attorney before traveling.
TSA requires valid identification to board. Among the commonly accepted documents are:
- Driver’s license or state ID compliant with REAL ID
- Valid foreign passport
- Employment Authorization Document (EAD)
People with DACA, TPS, or visas can travel within the country if their status is valid. Even so, any interaction with authorities can lead to additional inspections, especially if there is prior immigration history or inconsistencies in status.
To see the full list of identification types accepted by the TSA, click here
Who is at greater risk of being detained at airports?
Although any non-citizen may face some level of risk, there are groups with a higher likelihood of being detained:
People with deportation orders: They have the highest risk, even if:
- The order is old
- They did not know it existed
- It was issued when they were minors
To verify if you have a deportation order, you can check your case with your A-number in the system of the Executive Office for Immigration Review (EOIR) or call 1-800-898-7180.
People with canceled legal status or status are about to expire. This includes:
- TPS that has been canceled or expired
- “Parole” programs that have ended (such as CHNV, U4U, or CBP One)
- Family reunification programs that the government plans to end
People with pending immigration applications: Even if you have started a legal process, you may still be at risk. This includes:
- Asylum applications
- Residency petitions (green card)
- Applications to change or extend status
People with criminal records: Any criminal history can increase risk, even if:
- The case was dismissed
- You were told there would be no immigration consequences
Immigration law may consider certain situations as “convictions” even if they do not appear that way. It is key to consult with an attorney.
Permanent residents (green card holders):
Although they have more protection, they can be detained if:
- They have certain criminal records
- There are other immigration risk factors
People with DACA or other temporary protections: Having DACA or another form of deferred action does not eliminate risk. Detentions have been reported even in these cases, especially at airports.
Electronic devices: what they can review and when
The authority to review electronic devices is not the same at the border as on domestic flights.
On flights within the United States:
The Transportation Security Administration is mainly responsible for security. It may ask you to turn on your phone or computer, but it usually does not have the authority to demand passwords or review personal content without legal cause.
However, if other agencies such as Immigration and Customs Enforcement intervene, the situation may change.
At international airports and borders:
Customs and Border Protection has much broader authority and can inspect electronic devices, sometimes without a warrant. They may also request that you unlock your phone or provide passwords.
The consequences depend on your immigration status. Citizens and permanent residents cannot be denied entry for refusing, although they may face delays. In contrast, people with visas or other temporary status may be denied entry if they refuse, according to the ACLU.
If your device is retained, it is recommended to:
- Ask for names, badge numbers, and agency of the officers
- Request a receipt for the retained device
- Follow up with the corresponding agency
Safety tips for traveling
Know your rights: According to UCLA:
- You have the right to remain silent and not answer questions about your immigration status or place of birth
- Do not lie or present false documents. If you have valid documents, you may show them
- Do not sign anything without consulting an attorney
- You can say: “I do not consent to this search” if they ask to search your belongings
- You have the right to ask for the officer’s name or badge number
- In many cases, you can record interactions with authorities in public spaces
Keep in mind that at borders and international airports, different and stricter rules apply.
Important documents: Carry copies of:
- Proof of immigration status or pending applications
- Relevant legal documents (for example, closed criminal cases)
Protect your information: Given the exchange of data between agencies:
- Limit personal information when making reservations
- Check that your data is correct
- Consider printing your boarding pass and logging out of personal accounts on your phone, as recommended by the National Immigration Law Center
Electronic devices: The NILC recommends avoiding exposing unnecessary information:
- Print your boarding pass so you do not have to open your phone when boarding
- Log out of your email accounts
Safety plan
- Memorize contact numbers of an attorney or family member
- Have a plan in case of detention
The ACLU points out that during additional inspections at airports you may not have immediate access to an attorney, so preparation is key.
NILC also warns that if you are detained, ICE will not share information about your case with anyone unless you have signed this specific privacy waiver form. For that reason, they advise signing one or more of these forms and leaving them with a loved one.
Considerations for parents
Although Immigration and Customs Enforcement has policies to protect the right of parents to make decisions about their children, these are not always applied consistently.
One way to protect your children is to establish temporary guardianships so that a trusted adult or friend can care for them if you are detained. This resource from Children Thrive Action Network contains useful information: “Staying Whole: A Love Letter to Immigrant Parents”
Request an interpreter
Experts point out that travelers can also request an interpreter if they need language assistance during inspections. They emphasize that this is very important because the questions you are asked and your answers will often determine the outcome of the situation. Even if authorities do not provide an interpreter, it is useful to leave a record that you requested one.
Useful resources
- Immigrant Rising – Guide for immigrants traveling in the United States
- ACLU – Know your rights when traveling
- Freedom of the Press Foundation – Tips for preparing my devices for holiday travel
Note: This article is not intended to provide legal advice. It is recommended to have legal guidance from a legal professional.
Editor’s note: This article was originally written in Spanish and translated into English
