If you are not a U.S. citizen and are planning to take a domestic flight within the United States, you should be aware that U.S. Immigration and Customs Enforcement (ICE) has reportedly detained some individuals at or near airports during domestic travel.
This risk may apply even if you are:
In the process of applying for a Green Card (Adjustment of Status)
Waiting for a decision on a pending asylum application
Legally pursuing another immigration benefit in the United States
If your current visa has expired or you do not have lawful immigration status at the time of travel, you may be subject to questioning, detention, or enforcement action by immigration authorities—even if you have a pending immigration case or may ultimately qualify for lawful permanent residence.
A pending immigration application does not automatically protect you from detention or removal proceedings. Every immigration case is unique, and having a legal pathway to permanent residency does not necessarily prevent ICE from taking enforcement action if you are currently out of status.
If you have:
An expired visa
A pending Green Card application
A pending asylum application
Any concerns about your current immigration status
We strongly recommend consulting with an experienced immigration attorney before booking or taking a domestic flight.
Many people assume that domestic flights are free from immigration enforcement because they never leave the United States. Unfortunately, that is not always the case.
U.S. Immigration and Customs Enforcement (ICE), often working alongside other federal agencies, has the authority to conduct immigration enforcement activities at or near airports. As a result, some non-U.S. citizens have been questioned or detained while traveling on domestic flights.
If you have concerns about your immigration status, it is important to understand the potential risks before you travel.
You should exercise caution if you:
Have an expired nonimmigrant visa.
Are currently out of lawful immigration status.
Have filed an Adjustment of Status application (Green Card application) that is still pending.
Have a pending asylum application.
Have another pending immigration benefit but are uncertain about your current legal status.
A pending immigration application does not automatically prevent ICE from taking enforcement action.
If you are planning to apply for a Green Card and are unsure whether Adjustment of Status or Consular Processing is the better path, the attorneys at Lum Law Group can evaluate your situation and explain your options.
Schedule a consultation to receive guidance tailored to your immigration goals.
Not necessarily.
Many individuals are surprised to learn that having a pending Green Card application does not automatically shield them from immigration enforcement.
Your eligibility to become a lawful permanent resident and your current immigration status are two separate legal issues.
For example, someone may qualify for a Green Card through marriage or another immigration pathway, but if they are currently out of status or otherwise removable under immigration law, they could still encounter immigration enforcement while their case is pending.
Every case is unique, which is why individual legal advice is essential.
A pending asylum application may allow you to remain in the United States while your case is being decided, but it does not automatically eliminate all immigration risks.
Depending on your individual circumstances, immigration history, and procedural status, traveling—even within the United States—could expose you to additional scrutiny.
Before making travel plans, it is important to understand how your specific case may affect your risk.
Although you are not crossing an international border, airports are federal transportation hubs where federal law enforcement agencies operate.
Travelers may be asked to provide identification, and in some situations, immigration authorities may question individuals regarding their immigration status.
This does not mean every non-citizen will be stopped or detained. However, if you have unresolved immigration issues or are currently out of status, there may be additional risks that should be carefully considered.
Before taking a domestic flight, ask yourself:
Is my immigration status currently valid?
Has my visa expired?
Do I have any outstanding removal or deportation issues?
Am I relying solely on a pending immigration application for protection?
Have I spoken with an immigration attorney about whether travel is advisable?
If you are unsure about the answer to any of these questions, it is wise to seek legal guidance before making travel arrangements.
A. Justin Lum has been practicing law since 1993, with more than 30 years of experience serving clients across a wide range of legal matters. A graduate of the University of California, Berkeley and UC Davis School of Law, he is also a past President of the Southern California Chinese Lawyers Association, continuing a proud family legacy of leadership in the legal profession.
Every immigration case is different. A pending Green Card application, asylum case, or other immigration filing may affect your legal options, but it does not automatically eliminate immigration enforcement risks.
If you have questions about your status or whether domestic travel is advisable in your situation, the attorneys at Lum Law Group can review your case, explain the potential risks, and help you make informed decisions before you travel.
Contact Lum Law Group today to schedule a consultation and receive guidance tailored to your specific immigration circumstances.
This article is provided for general informational purposes only and should not be considered legal advice. Immigration laws and enforcement practices change over time, and every case depends on its individual facts. You should consult with a qualified immigration attorney regarding your specific situation before making travel decisions.
