Traveling within the United States can present unique challenges for immigrants. Understanding your rights and the necessary documentation is crucial for a smooth and secure journey. This guide provides essential information for immigrants traveling within the US, addressing common concerns and offering practical tips.
Immigration Enforcement Landscape
Navigating travel within the U.S. requires awareness of varying immigration enforcement policies across different states. Some states offer stronger protections for immigrants, while others have stricter enforcement measures.
- States with Stronger Protections: Oregon, Illinois, California, New Jersey, New York and Washington offer greater protections, limiting local law enforcement’s cooperation with ICE.
- States with Strict Policies: Florida, Georgia, Iowa, Texas, and West Virginia have strict policies requiring local law enforcement to cooperate with ICE, necessitating extra caution.
Consult resources like the ILRC’s State Map on Immigration Enforcement and the National Map of Local Entanglement with ICE for detailed state-specific information.
Domestic Flights: Identification and Rights
For domestic flights, all travelers must present a valid, unexpired photo ID. Undocumented individuals can use several forms of identification accepted by the TSA:
- State photo identity card
- State driver’s license
- Unexpired foreign passport
- USCIS Employment Authorization Card
- Military ID
- Trusted traveler cards (NEXUS, SENTRI, FAST)
- Border crossing cards
- Native American tribal ID cards
- Airline or airport photo ID cards compliant with TSA regulations
- Transportation worker ID credentials
For the complete list, refer to the TSA’s official identification guidelines.
Important Update: Starting May 7, 2025, a REAL ID will be required for boarding domestic flights and entering federal facilities if using a state-issued ID or driver’s license.
Alt text: Close-up of a REAL ID compliant driver’s license, highlighting the star in the upper right corner indicating compliance, along with other key information fields.
Preparing for Domestic Flights
- Have Identification Ready: Ensure the name, date of birth, and gender marker on your ticket precisely match your ID.
- Secure Devices: Protect your electronic devices with strong passwords. You’re not obligated to provide your password if asked by authorities.
- Develop a Safety Plan: Designate at least two people to have access to your important documents and contact information for your attorney, community organizations, and family. Share your flight details and discuss potential scenarios.
Domestic Flights FAQs
- What is a domestic flight? A domestic flight occurs entirely within the United States, without layovers or destinations in other countries.
- Can I fly to Hawaii or Alaska? Yes, flights to Hawaii and Alaska are considered domestic flights and follow TSA guidelines. Ensure no layovers are in foreign countries.
- Do I need a REAL ID now? Not until May 7, 2025. Until then, alternative forms of identification, such as a valid foreign passport, are acceptable.
- Am I required to answer TSA/ICE/CBP questions? You have the right to remain silent under the Fifth Amendment. However, refusing to answer questions may lead to prolonged questioning or detainment. Avoid answering questions about citizenship or immigration status without legal advice.
- Can TSA search my luggage? TSA can conduct administrative searches for prohibited items. Criminal searches require law enforcement personnel like the FBI.
- Can a pilot remove me from a flight? A pilot can refuse to fly a passenger posing a safety threat, but the decision must be reasonable and based on observed actions, not stereotypes.
- (CA ONLY) Can I fly with an AB 60 License? It is not recommended. TSA has been inconsistent in accepting AB 60 licenses and might use it as a basis for questioning and referral to ICE.
- Can I fly with a foreign passport or Employment Authorization Document Card? Yes. These are approved forms of identification. Inform the TSA agent of the Transportation Security Administration guidelines if denied.
Ground Transportation: Buses and Trains
Reports indicate that Border Patrol agents sometimes conduct immigration checks on buses and trains. While CBP states agents need warrants or company consent to board and question passengers, understanding your rights is vital:
- You have the right to remain silent.
- Do not answer questions about citizenship or immigration status without legal advice. Silence is preferable to lying.
- If you have valid immigration papers, you can provide them. Never provide false documents.
- You can refuse a search of your belongings by stating, “I do not consent to a search.”
- You have the right to record videos of immigration agents.
- If stopped or searched, request the officer’s name or ID number.
Alt text: Border Patrol checkpoint on a highway in California, showcasing the infrastructure and signage used for vehicle inspections, emphasizing the presence of law enforcement.
Ground Transportation FAQs
- Do I need photo identification for the local subway? No, not within a metropolitan area.
- Do I need photo identification for bus travel? Only for travel beyond the metropolitan area (e.g., Greyhound).
Ground Transportation: Driving
Like citizens, some noncitizens can legally drive. Some states allow noncitizens to apply for a driver’s license, regardless of immigration status. Check your state’s DMV for eligibility. If stopped, follow these recommendations:
- Stop safely, turn off the car, turn on the internal light, open the window partway, and place your hands on the wheel.
- Show your driver’s license, registration, and proof of insurance if requested.
- You can refuse a car search, but police can search without consent if they believe the car contains evidence of a crime.
- Drivers and passengers have the right to remain silent. Passengers can ask if they are free to leave.
Driving FAQs
- Can the police ask about my immigration status? Yes, but you have the right to remain silent under the Fifth Amendment. You do not have to answer questions about your place of birth, citizenship, or entry into the country.
- What is a Border Patrol checkpoint? Border Patrol operates traffic checkpoints within 100 miles of the border, allowing brief questioning even without suspicion.
- (CA ONLY) Where are some checkpoints in California? Checkpoints include San Clemente, Temecula, Highway 79, I-8 West, Highway 94, Highway 78/86, Highway 111, and Highway S2. Plan your route and check before traveling.
Traveling to U.S. Territories
Undocumented individuals with temporary protection (TPS/DACA) can travel to U.S. Territories without Advance Parole. However, careful planning is essential.
Important: Traveling to U.S. Territories without DACA can result in referral to ICE for removal.
Preparing for Travel to U.S. Territories
- Ensure DACA Validity: Keep your DACA valid during your entire trip.
- Bring USCIS Documents: Carry documents showing your granted deferred status for smoother customs inspections.
- Avoid Layovers Outside U.S. Territories: Ensure no planned or emergency landings in foreign countries. Be aware of any boat trips that might inadvertently take you outside U.S. waters.
Alt text: A map displaying the locations of the U.S. territories including Guam, Puerto Rico, U.S. Virgin Islands, American Samoa, and Northern Mariana Islands, highlighting their geographical positions relative to the continental United States.
Consult the U.S. Customs and Border Protection website for additional information.
Conclusion
Traveling within the U.S. as an immigrant requires careful preparation and an understanding of your rights. By staying informed and taking necessary precautions, you can navigate your journey with confidence and security. Remember to consult legal counsel for personalized advice and stay updated on the latest guidelines from relevant authorities.
