Domestic travel within the United States can create serious immigration risks for undocumented immigrants. For HR directors and business owners, this is an important update when a worker may be asked to travel by plane, bus, train, or car. The key message is simple: a person with immigration-status concerns should speak with an immigration attorney before traveling.

This information is general education, not legal advice. Each person’s situation can be different, especially if they have a final removal order, a pending immigration application, or a criminal history.

Why Domestic Travel May Carry More Risk

According to recent information from the American Immigration Lawyers Association, changes in federal policies and state laws have increased the chance that domestic travel may lead to contact with immigration officials. This risk is not limited to international trips.

A domestic flight, a bus or train trip, or even driving to another city may place a traveler in situations where immigration enforcement is present. For that reason, travel plans should be considered carefully before they are made.

Air Travel Can Create Immigration Concerns

Airports are one area of concern. The Transportation Security Administration shares domestic passenger information with U.S. Immigration and Customs Enforcement. ICE may compare that information with records involving people who have final removal orders.

ICE is already present at many airports. The flyer states that the risk may be especially important for people with a final removal order, pending applications, or criminal history. Someone in one of these situations should not decide to fly without first discussing the trip with an immigration attorney.

Travelers who do fly may face additional screening from TSA, Customs and Border Protection, or other immigration officers.

Facial Recognition: A Domestic Traveler May Opt Out

Facial recognition is now used at many airports. The flyer explains that, for domestic flights, a traveler currently has the right to opt out of facial recognition and request manual ID verification instead.

A traveler who wishes to opt out can clearly say: “I am opting out of facial recognition. I would like manual ID verification.” If an agent refuses, the flyer recommends asking for a supervisor.

Opting out does not remove earlier facial scans from government systems. For example, a facial scan taken during a lawful entry into the United States may remain in the system.

Bus and Train Travel May Also Involve Screening

Travel by bus or train is not automatically low risk. Customs and Border Protection has authority to board buses and trains within 100 miles of a U.S. border without a warrant. This area includes large portions of the country, including areas in and around states such as Florida, Michigan, Arizona, California, Texas, and New Mexico, as well as several New England states.

Agents may ask questions about immigration status. A traveler may refuse to answer those questions. However, the flyer cautions that refusing to answer may lead to a request to step off the bus or train. This is a decision that should be weighed carefully before travel.

Travel Through Certain States May Add Risk

The flyer identifies Alabama, Texas, and Florida as examples of states with laws that may create added risk during a routine traffic stop. Immigration detention or arrest may result in some circumstances.

Before driving through a state that may present added risk, a person with immigration-status issues should consult an immigration attorney. This is particularly important when a trip involves several states or cannot easily be changed.

Practical Steps Before a Trip

Planning ahead may help a traveler respond if they are questioned or detained. The flyer recommends several practical steps:

• Speak with an immigration attorney before traveling.
• Share the travel plan and the attorney’s phone number with a trusted person.
• Arrange for someone to care for children if detention is a concern.
• Write down and memorize the attorney’s phone number in case access to a phone is lost.
• Carry paper copies of important immigration documents, including documents showing lawful status or a pending application.
• Secure electronic devices before flying.

For employers and HR professionals, it is important to recognize that a travel request can raise time-sensitive legal questions for an affected worker. A conversation with qualified immigration counsel before the trip may be necessary.

If Someone Is Stopped or Detained

The flyer advises people to stay calm and not run, argue, or physically resist. If asked for identification, a traveler may show a passport. The flyer states that the traveler is not required to disclose a visa category.

A person who is questioned may state that they are exercising the right to remain silent and ask to speak with an attorney. The flyer also advises against signing immigration documents before speaking with an attorney. Some documents may affect the right to a hearing before an immigration judge or the ability to return to the United States.

FAQ

Does this concern only international travel?

No. The update addresses travel inside the United States, including flights, bus and train travel, and driving.

Can a domestic traveler decline facial recognition?

For domestic flights, the flyer states that travelers currently may opt out and request manual ID verification.

Are bus and train trips always safer than flying?

The flyer does not say that they are safer. It explains that CBP may board buses and trains within 100 miles of a U.S. border without a warrant.

What should a person do before travel if they have immigration concerns?

The most important step is to speak with an immigration attorney before the trip. The person should also prepare contact information and important paper documents.

What should someone do if questioned by immigration officers?

Stay calm, ask for an attorney, and do not sign immigration documents before speaking with counsel, according to the flyer.

Ventresca & Ventresca LLP provides immigration law guidance for individuals, families, employers, and businesses in Wexford, Pennsylvania and beyond. If this update may affect a pending or planned matter, contact us to discuss the situation and next steps.