Immigration and Customs Enforcement (ICE) has increased immigration enforcement activities at airports across the country, including the arrest of alleged visa overstays and other immigration-related issues during domestic travel during airport check in and plane boarding. Reports also indicate that passenger information collected through the Transportation Security Administration’s (TSA) Secure Flight program has, in some cases, been shared with ICE for immigration enforcement purposes.

Who May Be Affected?

While each case is fact-specific, individuals who may face increased scrutiny can include:

  • Individuals who have overstayed a visa.
  • Those with outstanding removal orders.
  • Individuals with unresolved or pending immigration matters.
  • Certain noncitizens whose immigration status has lapsed or is otherwise in question.

Importantly, lawful permanent residents, visa holders who remain in valid status, and many individuals with pending applications may have different legal considerations depending on their individual circumstances. Simply holding a pending application does not automatically prevent immigration enforcement, nor does it necessarily mean enforcement action will occur. Every case should be evaluated individually.

Should You Cancel Domestic Travel?

Not necessarily, but it depends. Millions of non-U.S. citizens travel domestically each year without issue. However, recent enforcement activity makes it more important than ever to understand your immigration status before flying.

If you have questions about whether it is advisable to travel or how recent enforcement trends may affect your case, our attorneys are available to evaluate your individual circumstances and provide guidance tailored to your situation. If you have an expired visa, pending removal proceedings, prior immigration violations, or questions about your status, consult with an experienced immigration attorney before making travel plans. Wildes and Weinberg attorneys are here to help.

Contact us at michael@wildeslaw.com if you have any questions.