Domestic Travel within the United States – Considerations for Noncitizens

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People in the United States without lawful immigration status or authorization from the Department of Homeland Security (DHS) are not authorized to be physically present in the United States and therefore are at risk for immigration enforcement action anywhere in the United States. Regardless of where an immigration enforcement action occurs, noncitizens in the United States have due process rights and should review and be aware of these rights.

Domestic Air Travel

The Transportation Security Administration (TSA) is responsible for confirming the identity of all air travelers. TSA is a part of the Department of Homeland Security (DHS) and shares information across many DHS subagencies, including ICE, CBP (“Customs”), and USCIS.

Traveling domestically by plane requires showing a valid federal identification or REAL ID-compliant State ID. Those who do not have a lawful status in the United States (U.S. citizens, Lawful Permanent Residents (green card holders), asylees/refugees, or valid nonimmigrant status) are at risk of immigration enforcement action if traveling by air domestically in the United States.

If you are not a U.S. citizen or Lawful Permanent Resident and you choose to travel by air, we recommend traveling with a valid federal identification or REAL ID, and evidence of valid nonimmigrant status (TPS, DACA or any pending application with the U.S. immigration system), including I-797 Approval or Receipt Notices, I-94 Records, Employment Authorization Documents (EADs), etc.

Domestic Travel by Road/Rail

Traveling within the United States by road or rail may result in contact with law enforcement, including immigration law enforcement. This can occur in areas near international borders (i.e. immigration checkpoints near the southern border) or within the United States. Those who do not have a lawful status in the United States (U.S. citizens, Lawful Permanent Residents (green card holders), asylees/refugees, or valid nonimmigrant status) are at risk of immigration enforcement action if traveling within the United States by road or rail.

If you are not a U.S. citizen or Lawful Permanent Resident and you choose to travel by road or rail, we recommend traveling with a valid federal identification or REAL ID, and evidence of valid nonimmigrant status (TPS, DACA or any pending application with the U.S. immigration system), including I-797 Approval or Receipt Notices, I-94 Records, Employment Authorization Documents (EADs), etc.

For more information, please contact Kolko & Casey, P.C.

This advisal is intended for general information purposes only and does not constitute legal advice. You should not act or rely on any information in this article without seeking the advice of a competent, licensed immigration attorney.