TRAVEL ALERT: INCREASED ICE ENFORCEMENT ON DOMESTIC FLIGHTS

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Once again, individuals are reporting increased ICE activity at airports around the country, including Colorado.  This travel alert is an update to our previous article on considerations for noncitizens on domestic travel.

According to the National Immigration Law Center, “the Transportation Security Administration (TSA), the government agency that handles airport security, is giving passenger information to Immigration and Customs Enforcement (ICE).”

The American Immigration Lawyers Association is receiving reports from immigration lawyers across the country that many of those affected are people whose legal status has expired, but who have already filed I-485 applications for adjustment of status (permanent residency/green card) or I-589 asylum applications. Because of their pending applications, they may be in a period of authorized stay in the United States, but they do not have a lawful nonimmigrant status.

Some of these individuals have valid employment authorization documents (EADs or work permits) or advance parole travel documents.

In the past, individuals with pending applications were not considered at risk for immigration enforcement unless they had a serious criminal record. But now, many of these individuals being detained have no criminal record at all.

Individuals with Deferred Action for Childhood Arrivals (DACA) may also be impacted in this latest wave of arrests.

In other words, even if individuals have work authorization, DACA, a pending I-589 asylum application, or pending I-485 adjustment of status application, unless they also have a valid nonimmigrant status, they are at risk of being detained by ICE and placed in removal proceedings.  The Department of Homeland Security is currently arresting people that fall into these categories at airports when they are traveling domestically.

At this time, the attorneys at Kolko & Casey, P.C. advise against domestic air travel for anyone who is not currently in valid nonimmigrant status or does not have lawful permanent residency (a green card) or U.S. citizenship.

As always, the team at Kolko & Casey, P.C. is monitoring immigration agency trends locally and nationally and will provide updates as they are available.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Immigration law and policy change rapidly. Always consult an attorney or accredited representative for advice about your specific situation.