For non-citizens with visa overstays, pending/final orders of removal, unexecuted deportation warrants, or past convictions:
1. Air Travel Transmits Advance Passenger Data
Airlines are required to submit passenger manifests to DHS before flight departure. Interceptions by ICE or CBP are typically triggered by flight booking data, not the camera scan at the gate.
2. Acceptable Identification Matters
If traveling domestically, non-citizens must present an unexpired state driver’s license (if REAL ID compliant), a valid foreign passport, or a DHS-issued ID (such as Form I-766 Employment Authorization Card or Form I-551 Green Card). Presenting suspicious or invalid documents raises scrutiny.
3. High-Risk Zones
Airports located within 100 miles of a U.S. border or international entry hub feature higher concentrations of active border patrol and ICE personnel.
4. Legal Consultation Is Essential
Non-citizens with unexecuted removal orders or severe status discrepancies should consult a qualified immigration attorney prior to booking domestic or international air travel.
Know Your Rights at the Airport: If questioned regarding your immigration status at a domestic security checkpoint, you have the right to remain silent, request to speak with an attorney, and decline to sign any immigration documents without legal counsel.
If you have questions about your specific situation, please contact our office to schedule a consultation. We may be reached at 1 415 397 0808, law@tancinco.com or through our website: www.tancinco.com.
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