Immigration Law

Can ICE Detain You at a U.S. Airport While Taking a Domestic Flight?

Learn what to do if you are stopped, questioned, or detained by U.S. Immigration and Customs Enforcement (ICE). Understand your legal rights, what you should and should not say, and when to contact an immigration attorney.

Table of Contents

Quick Answer

If you encounter ICE, remain calm, do not run or resist, exercise your right to remain silent, do not sign documents without understanding them, and ask to speak with an attorney. If officers are at your home, do not open the door unless they present a valid judicial warrant.

1. Stay Calm

Do not run.
Do not argue.
Do not physically resist.
Stay calm and avoid escalating the situation. Running or resisting may create additional legal complications.

2. You Have the Right to Remain Silent

You do not have to answer questions about:

  • Where you were born
  • Your immigration status
  • How you entered the United States

A simple response is:

“I am exercising my right to remain silent. I would like to speak with my attorney.”

After that, remain silent.

3. Do Not Sign Anything

Do not sign any paperwork unless you fully understand it and have spoken with an attorney. Some documents may waive important legal rights or affect your immigration case. ACLU of Northern California

Did you know?

You generally do not have to answer questions about where you were born or your immigration status during an encounter with ICE. You also have the right to remain silent and to request an attorney before answering questions. Exercising these rights cannot legally be used as evidence of wrongdoing.

Schedule a consultation to receive guidance tailored to your immigration goals.

4. Ask If You Are Free to Leave

What About People with Pending Asylum Applications?

If ICE approaches you in public, calmly ask:

“Am I free to leave?”

If the answer is yes, leave calmly.

If the answer is no, remain silent and request an attorney.

5. Do Not Consent to Searches

You can clearly state:

“I do not consent to a search.”

Do not physically interfere if officers proceed anyway.

Simply state that you do not consent.

If ICE Comes to Your Home

Keep the door closed.

Do not open the door simply because someone identifies themselves as ICE.

Ask them to slide any warrant under the door or hold it against a window.

A document signed only by ICE (an administrative warrant) generally does not authorize entry into your home without your consent. A judicial warrant signed by a judge is different.

Do Not Provide False Information

Never:

  • Use fake documents
  • Lie about your identity
  • Give false information

If you choose not to answer questions, exercise your right to remain silent instead.

Ask to Speak With an Attorney

If you are detained, clearly state:

“I want to speak with my attorney.”

Avoid discussing your immigration case until you have received legal advice.

Prepare Before an Emergency Happens

If you believe there is any possibility of an ICE encounter:

  • Keep copies of important immigration documents in a safe place.
  • Share your A-Number (if applicable) with a trusted family member.
  • Memorize your attorney’s phone number.
  • Develop a family emergency plan for childcare, medications, and finances.
  • Carry a “Know Your Rights” card if appropriate. The ILRC provides printable multilingual “Red Cards” designed for this purpose.

About A. Justin Lum

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.

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Lum Law Group Is Here to Help

Every immigration case is unique. If you have concerns about your immigration status, pending Green Card application, asylum case, or possible ICE enforcement, our attorneys can review your situation and explain your legal options.

Contact Lum Law Group today to schedule a confidential consultation.


 

Disclaimer

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.