We know many immigrants have been hearing of increased U.S. Immigration and Customs Enforcement (ICE) agents at airports across the United States.
As you plan travel, it’s important to know the situation, your rights and any risks you may take in traveling.
What to do if an ICE agent detains you at an airport?
It is important to know how to respond if an ICE agent approaches you at an airport.
If you have legal immigration status, carry identification with you. When possible, you should also carry documentation that verifies it.
If you do not have legal immigration status, traveling through an airport may increase your risk of coming into contact with immigration authorities or being detained. Before traveling, it is advisable to review your specific situation with an immigration attorney.
Like local law enforcement officers, an ICE agent may approach you and ask questions. However, to briefly detain you for questioning, the agent must have reasonable suspicion based on specific facts.
If you are detained, you are not required to answer questions..
Do not run. Remain calm.
Regardless of your immigration status, you have rights.
Why are ICE agents at the airport? What do they have access to?
In 2025the Transportation Security Administration (TSA) and ICE formalized an agreement involving coordination and information sharing related to certain security and law enforcement functions. The two agencies share certain passenger-related information as part of these coordination efforts. In some cases, that information may lead ICE to identify an individual for immigration enforcement action, including after a flight and not only when boarding an aircraft.
Las dos agencias comparten cierta información relacionada con los pasajeros como parte de estos esfuerzos de coordinación. En algunos casos, esa información podría llevar a ICE a identificar a una persona para tomar medidas de cumplimiento migratorio, incluso después de un vuelo y no solamente al momento de abordar un avión.
Who is at greater risk of being detained by ICE at an airport, even when taking a domestic flight?
People with an expired I-94the document that governs a person's authorized stay in the country, may face greater risk. If you are in the process of extending or changing your status, you may also be subject to these rules.
ICE maintains that pending immigration applications or petitions do not necessarily constitute legal immigration status.
- A pending family-based petition,by itself, does not grant immigration status.
- A pending asylum application,by itself, does not necessarily mean that a person has legal immigration status.
- A pending employment-based petition,by itself, does not grant immigration status.
- A REAL ID,such as a driver's license that meets federal requirements, serves as identification for purposes such as TSA security screening, but it does not by itself determine a person's immigration status or authorize that person to remain in the United States.
Given this interpretation, legal professionals recommend that travelers review their immigration situation before traveling and seek professional guidance if they have questions about potential consequences.
Your rights during an ICE detention at an airport
If ICE detains an immigrant or traveler at an airport, this situation should be treated like any other stop or detention, whether it occurs at an airport or elsewhere in the country.
You have the right to remain silent.
Activate your family plan. Keep the contact information of family members or trusted individuals who can assist you in the event of an emergency.
Have money set aside for bond.
Speak with an attorney.
If you are detained by immigration agents at an airport, legal professionals recommend remaining calm and understanding the protections available to you.
Key recommendations include not answering questions about your immigration case without legal guidance, requesting the presence of a legal representative and avoiding signing any document whose contents have not been clearly explained to you by an attorney.
How Can We Help You?
We can help protect your rights, with or without immigration status, evaluate potential forms of legal relief and represent your case before ICE or an immigration judge.
Our team reviews your immigration history, the type of order involved and the reason for the ICE arrest.
We can evaluate whether a person may qualify to request release on bond or other available options and, when appropriate, file the necessary requests with immigration authorities.
We evaluate potential defenses and forms of relief before the immigration court, including cancellation of removal, asylum and other humanitarian forms of relief, depending on the circumstances of each case.
We advise detained individuals about the consequences of signing voluntary departure or expedited removal documents without fully understanding them.
We help facilitate communication with family members and help ensure that the right to consular notification is respected.
In summary, remember these immediate steps:
Remain silent
Do not sign anything
Seek legal representation or resources
Request contact with the consulate of your country of origin
Important Notice
This information is general and does not replace legal advice.
Ready to take the first step toward understanding your immigration options in the United States?
Every story is different. A consultation with us will allow you to discuss your situation, clarify any questions you may have, and learn what immigration options might apply to your case.
Take the first step toward understanding your options.
Call (877) 926-0808 to schedule a consultation with our team.
