US Immigration Lawyers Warn Foreign Nationals Over Domestic Flight Detentions

Domestic air travel within the United States is emerging as a point of concern for some immigrants after reports of detentions by the Department of Homeland Security (DHS) at airports across the country.

Immigration attorneys say they are seeing an increase in cases where foreign nationals are questioned or detained while travelling on domestic flights, including individuals with pending immigration applications or valid work authorization. The reports suggest immigration enforcement concerns are no longer limited to international arrivals or land border crossings, with some non-US citizens reportedly facing scrutiny even while flying between two US cities.

Immigration attorney Rajiv Khanna, citing reports from members of the American Immigration Lawyers Association (AILA), said the incidents have been reported in several states, including California, Colorado, Florida, Illinois, Kansas, Michigan, New Jersey, Texas and Virginia.

Lawyers have advised non-Americans, including Indians on H-1B visas and other work visas, to caary their documents when travelling.

Who is reportedly being affected?

According to the reports cited by Khanna, those detained include people whose lawful immigration status has expired but who filed adjustment of status or asylum applications on time. Such applicants are generally allowed to remain in the US while their applications are pending.

Khanna said some of the reported cases also involve individuals with no criminal record who possess valid Employment Authorization Documents (EADs) or advance parole documents.

Lucy Magardichian, an immigration attorney based in New York, issued a similar warning, saying people whose underlying immigration status has expired while an Extension of Stay (EOS) or Change of Status (COS) application is pending with US Citizenship and Immigration Services (USCIS) should avoid domestic air travel unless it is absolutely necessary.

"We are seeing increased immigration enforcement activity at domestic airports, including reports of ICE arrests involving individuals whose underlying status has expired—even when a lawful extension or change of status is pending," Magardichian wrote on LinkedIn.

She added that "a pending EOS/COS does not necessarily protect you from immigration enforcement or arrest."

Neither attorney provided the number of reported cases, and US immigration authorities have not announced any change in policy regarding domestic travel by immigrants.

Why can immigration checks happen on domestic trips?

Although domestic passengers are screened by the Transportation Security Administration (TSA), immigration officers from agencies such as US Immigration and Customs Enforcement (ICE) and US Customs and Border Protection (CBP) have authority to conduct immigration enforcement actions at airports. In addition, Border Patrol officers have broader authority to carry out immigration-related checks within 100 air miles of a US border under federal law.

Immigration lawyers generally advise foreign nationals travelling within the US to keep documents establishing their lawful presence readily available. Depending on their immigration status, these may include a passport, Form I-94 arrival/departure record, Employment Authorization Document (EAD), advance parole document or notices confirming a pending immigration application.

What lawyers are advising

The reports have prompted immigration lawyers to urge foreign nationals to assess the risks before boarding domestic flights.

Magardichian advised individuals whose I-94 has expired and whose EOS or COS application is still pending to consult an immigration attorney before travelling.

She also cautioned that "the risk environment has changed. What was once routine domestic travel may now carry significant immigration consequences."

Khanna echoed the advice, urging immigrants to carry all required immigration documents and be prepared for delays.

"Speak with your lawyers. Carry all the documents you are supposed to carry. Be prepared for unreasonable delays, anyway," he wrote.