U.S. Immigration and Customs Enforcement (ICE) is using U.S. airports and passenger information collected by the Transportation Security Administration (TSA) to identify and detain certain foreign nationals during domestic travel, according to multiple reports by media outlets and immigration attorneys. This enforcement activity reportedly extends to foreign nationals who have pending applications and are in a period of authorized stay.
ABC News reported that “these arrests have occurred across the country in at least nine states from California to Virginia,” citing a memo obtained by the organization. Reported cases have included spouses of U.S. citizens pursuing permanent residence and individuals with timely filed applications pending with U.S. immigration agencies.
Although there has been no public announcement of a formal change in DHS or ICE policy regarding domestic airport enforcement, the reported incidents suggest that immigration enforcement at airports may be occurring more frequently and affecting a broader range of foreign nationals than in the past.
Depending on the circumstances, those who should assess the risks of domestic air travel include:
- Individuals with pending adjustment of status (green card) and/or asylum applications who do not maintain an underlying nonimmigrant visa status.
- Individuals in a period of authorized stay based on a timely filed extension or change of status petition, including those eligible for continued employment authorization under the 240-day rule, where applicable.
Given the developing situation, foreign nationals contemplating upcoming domestic flights should consult immigration counsel, carry evidence of their valid status, and delay or cancel unnecessary air travel.
Employers should advise employees of risk, limit domestic business travel for impacted employees, and consider upgrading pending extensions to Premium Processing.
The attorneys at Garfinkel Immigration Law Firm continue to monitor this developing situation closely and will alert clients as circumstances evolve.