Traveling within the United States can be complex, especially for undocumented individuals or those with Deferred Action for Childhood Arrivals (DACA). Understanding the regulations and your rights is crucial for safe and stress-free travel. This guide focuses on whether DACA recipients can travel to Hawaii, providing essential information and tips for a smooth journey.
Alternative text: List of acceptable TSA identifications including state photo ID, driver’s license, foreign passport, and USCIS Employment Authorization Card.
Domestic Flights and DACA: What You Need to Know
For DACA recipients, air travel within the U.S., including to Hawaii, is considered domestic travel. This means you’ll need to comply with Transportation Security Administration (TSA) guidelines for domestic flights.
TSA Identification Requirements
All passengers on domestic flights must present a valid, unexpired photo ID. Acceptable forms of identification for undocumented individuals, including DACA recipients, include:
- State photo identity card
- State driver’s license
- Unexpired foreign passport
- U.S. Citizenship and Immigration Service (USCIS) Employment Authorization Card (EAD)
- Military ID
- Trusted traveler cards (NEXUS, SENTRI, FAST)
- Border crossing cards
- Native American tribal ID cards
- Airline or airport photo ID cards
For a complete list, refer to the TSA’s official website.
REAL ID Considerations
Starting May 7, 2025, a REAL ID will be required for boarding domestic flights if you plan to use a state-issued identification or driver’s license. If you don’t have a REAL ID, you can still use other acceptable forms of identification, such as a valid foreign passport or an EAD. You can find more information on REAL ID requirements on the Immigrants Rising website.
Traveling to Hawaii with DACA: Specific Considerations
Since Hawaii is a U.S. state, traveling there from the mainland U.S. is considered a domestic flight. Therefore, the same TSA guidelines apply.
Key Reminders for DACA Recipients Traveling to Hawaii:
- Valid Identification: Ensure you have a valid, unexpired photo ID from the list above.
- No Layovers in Foreign Countries: When booking your flight, confirm that there are no layovers in other countries. Even a brief stop in a foreign country can have significant immigration consequences for DACA recipients.
- Be Prepared for Questions: While you are not required to answer questions about your immigration status, be prepared for potential inquiries from TSA or other officials.
- Carry DACA Documentation: It is advisable to carry documentation proving your DACA status, such as your EAD card and approval notice (Form I-797).
Alternative text: Example of a USCIS Employment Authorization Card (EAD), a valid form of identification for DACA recipients.
Important Legal Rights and Recommendations
It’s important to understand your rights when interacting with law enforcement or immigration officials.
- Right to Remain Silent: You have the right to remain silent under the Fifth Amendment. You don’t have to answer questions about your citizenship or immigration status without consulting a lawyer.
- Refusal of Search: You can refuse a search of your belongings.
- Legal Counsel: If you are detained or questioned, ask for an attorney.
What to Do If Stopped by TSA or ICE
- Stay Calm: Remain calm and polite.
- Exercise Your Rights: Invoke your right to remain silent and to speak with an attorney.
- Do Not Lie: Never provide false information or fake documents.
- Record the Encounter: If safe to do so, record the encounter with your phone or other device.
Ground Transportation: Buses and Trains
Traveling by bus or train also requires awareness of your rights. While Customs and Border Protection (CBP) policy states that agents should not board buses or trains without a warrant or consent, encounters still occur.
- Right to Remain Silent: You have the right to remain silent.
- Refuse Search: You can refuse a search of your belongings.
- Record Agents: You have the right to record videos of immigration agents.
- Ask for Identification: If stopped, ask for the officer’s name and ID number.
Driving Considerations
If you plan to drive to or from the airport, be aware of state laws regarding driver’s licenses for non-citizens. Some states allow undocumented individuals to obtain a driver’s license, while others do not. Check your state’s Department of Motor Vehicles (DMV) for specific regulations.
Alternative text: Sign indicating a United States Border Patrol checkpoint on a highway.
Driving Recommendations
- Driver’s License and Registration: Have your driver’s license, registration, and proof of insurance readily available.
- Stay Silent: If stopped, you have the right to remain silent.
- Refuse Search: You can refuse a search of your vehicle unless the police have probable cause.
Conclusion: Planning a Safe Trip to Hawaii
Traveling to Hawaii with DACA is possible, but it requires careful planning and awareness of your rights. By ensuring you have the proper identification, understanding TSA guidelines, and knowing your legal rights, you can minimize stress and enjoy your trip. Stay informed, stay safe, and travel confidently.
This information is for educational purposes and not legal advice. Consult with an attorney for specific legal guidance.
