We have heard of several stories of immigrants being put on secondary inspection after returning from a brief travel abroad. Non immigrant visa holders as well as green card holders are being placed in secondary inspection if derogatory information is obtained by the CBP upon their arrival. But what about passengers on domestic flights? Are they also being taken into custody at the airport?
Last month, news reports described the shocking fate of a college freshman who was preparing to board a domestic flight from Boston to Texas to spend the holidays with her family. As she went through TSA screening at the airport, she was told that there was a problem with her boarding pass. Moments later, she was handcuffed by Immigration and Customs Enforcement (ICE) officers.
Instead of arriving in Texas to reunite with her family, the young student was taken into custody at the airport and ultimately deported to Honduras.
The student was identified as Any Lucia Lopez Belloza, a college freshman who, according to authorities, had a prior order of deportation issued in 2015.
Unlike international travels, we seldom hear of arrests during domestic flights. But there are for sure cases of ICE presence at airports.
TSA & ICE Collaboration
According to reports from The New York Times, the Transportation Security Administration (TSA) has been quietly providing Immigration and Customs Enforcement (ICE) with lists of airline passengers multiple times each week since March 2025. Under this arrangement, TSA shares passenger information—such as names, dates of birth, and flight details—that is normally collected for security screening. ICE then checks these passenger lists against its own databases of people with final removal orders or other immigration enforcement priorities. When a match is found, ICE can dispatch agents to the airport to detain the individual before boarding or departure.
This data-sharing represents a significant shift in how information gathered for transportation security—historically limited to matters like detecting terrorism threats and watchlist screening—is being repurposed for immigration enforcement. Traditionally, TSA passenger data was not used to identify people for civil immigration arrests, but this new policy formalizes such sharing between agencies.
It is not publicly known how many arrests have resulted from this practice, but in at least one region a former ICE official told The New York Times that about 75% of cases flagged through this process led to actual arrests.
Are There Travelers’ Rights in These Situations?
Flying Domestically Is Not an Immigration Checkpoint
Domestic air travel does not require proof of immigration status. TSA officers do not have authority to question travelers about their immigration status or detain someone solely for being undocumented.
TSA’s role is limited to transportation security—screening passengers for safety threats, not enforcing civil immigration law. However, TSA may refer individuals to law enforcement if another agency—such as ICE—has independently identified that person as a priority for enforcement. This distinction is critical: TSA itself is not making immigration decisions, but its data sharing which can trigger ICE enforcement actions.
Prior Removal/Deportation Orders Carry Serious Consequences
Individuals with final orders of removal, even if issued many years earlier, are especially vulnerable. ICE has legal authority to arrest and deport someone with an outstanding removal order without reopening the case, unless a stay or legal relief is in place.
This means that someone who:
- Has lived in the U.S. for years
- Has family ties
- Is studying or working
- Has had no recent contact with immigration authorities
may still be subject to immediate detention if ICE identifies them through databases—such as passenger lists shared by TSA.
Right to Remain Silent—but Not to Travel Unquestioned
Travelers generally have the right to remain silent and are not required to answer questions about their immigration status if questioned by ICE. However, exercising that right does not necessarily prevent arrest. If ICE believes it has legal authority to detain an individual—such as based on a prior removal order—silence alone will not stop enforcement action. Refusing to answer questions may still result in detention, and ICE is not required to advise individuals of their right to remain silent in civil immigration proceedings. Unlike criminal arrests, there is no Miranda warning requirement in civil immigration enforcement.
Limited Ability to Challenge Airport Arrests
One of the most troubling aspects of immigration arrests at airports is the lack of meaningful and immediate legal recourse. Individuals detained by ICE at an airport are not guaranteed an opportunity to see a judge before being taken into custody. In many cases, bond is unavailable, particularly for individuals with prior removal orders. Deportation can occur rapidly—sometimes within days—and notification to family members or consular officials may be delayed. As a result, many individuals are deported before they are able to contact an attorney or file emergency legal motions.
Privacy Concerns and Unsettled Legal Questions
Although TSA lawfully collects passenger information for transportation security purposes, the use of that information for immigration enforcement raises unresolved legal and policy questions. These include whether travelers reasonably expect that information gathered for domestic air travel will not be used for civil immigration arrests and whether broad data sharing exceeds TSA’s original statutory mission. To date, courts have not definitively ruled on the legality or limits of this specific TSA–ICE collaboration, leaving travelers with little clarity and few safeguards.
Risks of Traveling for Those With Underlying Criminal or Immigration Cases
For non-citizens—especially those with prior immigration history—domestic air travel now carries increased legal risk. Airports may function as immigration enforcement points, and past immigration issues can resurface unexpectedly during routine travel. For anyone with a prior removal order or unresolved immigration status, seeking legal advice before traveling is now more important than ever.
