Traveling within the United States can be complex, especially for DACA recipients and undocumented individuals. Understanding the specific rules and regulations for traveling to U.S. territories like the US Virgin Islands is crucial. This guide provides detailed information on whether DACA recipients can travel to the US Virgin Islands, along with essential travel tips and precautions.
An aerial view of the beautiful US Virgin Islands, a popular destination for travel within US territories.
Domestic Travel and Immigration Enforcement
Before delving into travel to the US Virgin Islands, it’s essential to understand the broader context of domestic travel for undocumented individuals. Immigration enforcement policies vary significantly by state, impacting travel safety and confidence.
- States with Stronger Protections: Oregon and Illinois have laws limiting local law enforcement’s cooperation with ICE, offering safer travel options.
- Sanctuary States: California, New Jersey, and Washington also have broad sanctuary statutes.
- States with Strict Policies: Florida, Georgia, Iowa, Texas, and West Virginia require local law enforcement to cooperate with ICE, necessitating extra caution.
- Immigrant-Friendly States: New York and Rhode Island have sanctuary policies that limit local police involvement in ICE enforcement.
For a comprehensive understanding of state laws, refer to the ILRC’s State Map on Immigration Enforcement and the National Map of Local Entanglement with ICE.
Domestic Flights: What You Need to Know
For domestic flights, all travelers must present a valid, unexpired photo ID issued by a state or federal government. Undocumented individuals can use the following forms of ID:
- State photo identity card
- State driver’s license
- Foreign passport (unexpired)
- 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
For a complete list, visit the TSA website. Starting May 7, 2025, a REAL ID will be required for boarding domestic flights if using a state-issued ID.
A typical TSA checkpoint at an airport, highlighting the importance of having proper identification ready.
Preparing for a Domestic Flight
- Identification: Ensure the name, date of birth, and gender marker on your ticket match your ID.
- Device Security: Protect your devices with a strong password.
- Safety Plan: Designate at least two people with access to your documents and contact information. Share your flight details and discuss contingency plans.
FAQ Regarding Domestic Flights
- What is a domestic flight? A flight within the U.S. without any layovers or destinations in another country.
- Can I fly to Hawaii or Alaska? Yes, as they are U.S. states. Ensure no layovers occur in another country.
- Do I need a REAL ID? Not until May 7, 2025. Alternative forms of identification are acceptable.
- Do I have to answer TSA questions? You have the right to remain silent. Consult a lawyer before providing information about your citizenship or immigration status.
- Can TSA search my luggage? TSA can conduct administrative searches for prohibited items. Criminal searches require law enforcement personnel.
- Can a pilot order me off the plane? Yes, if the pilot believes you pose a safety threat based on observed actions, not stereotypes.
- Can I fly with a foreign passport or Employment Authorization Document Card? Yes, these are acceptable forms of identification.
Ground Transportation: Buses and Trains
Reports indicate that Border Patrol agents sometimes conduct immigration checks on buses and trains. Be aware of your rights:
- You have the right to remain silent.
- Do not answer questions about your citizenship or immigration status without legal counsel.
- If you have valid immigration papers, you can provide them. Never provide false documents.
- You can refuse a search of your belongings.
- You have the right to record videos of immigration agents.
- Ask for the officer’s name or ID number if stopped or searched.
A Greyhound bus on the highway, a common mode of ground transportation where immigration checks have been reported.
FAQ Regarding Ground Transportation
- Can I travel without a photo ID on local subways? No photo ID is required.
- Can I travel without a photo ID on buses or trains? Within a metropolitan area, no photo ID is needed. For longer distances (e.g., Greyhound or Amtrak), a valid photo ID is required.
Ground Transportation: Driving
Noncitizens may be eligible to drive legally. Check your state’s DMV for specific requirements. If stopped by law enforcement, follow these steps:
- Stop the car in a safe place. Turn off the car, turn on the internal light, open the window partially, and place your hands on the wheel.
- Show your driver’s license, registration, and proof of insurance upon request.
- You can refuse a search of your car, but police can search it without your consent if they believe it contains evidence of a crime.
- Both drivers and passengers have the right to remain silent. Passengers can ask if they are free to leave.
FAQ Regarding Driving
- Can the police ask about my immigration status? Yes, but you have the right to remain silent.
Traveling to U.S. Territories: Focus on the US Virgin Islands
Undocumented individuals with temporary protection, such as DACA recipients, can travel to the U.S. Territories without Advance Parole. However, careful preparation is essential.
Important: Traveling to the U.S. Territories without DACA could result in a referral to ICE for removal.
A map of the US Virgin Islands, highlighting the geographical location and the importance of understanding travel guidelines.
Preparing for Travel to the US Virgin Islands
- Valid DACA: Ensure your DACA is valid throughout your trip. Do not allow it to expire, even with a renewal pending.
- USCIS Documents: Bring USCIS documents proving your deferred status to facilitate your return.
- No Layovers Outside U.S. Territories: Ensure there are no planned or emergency landings in a foreign country. Be cautious of boat trips that might take you outside U.S. waters.
Consult the U.S. Customs and Border Protection website for additional information.
Traveling to the US Virgin Islands as a DACA recipient requires careful planning and awareness of potential risks. By understanding the regulations and taking necessary precautions, you can travel safely and confidently.
