Traveling within the United States can be complex, especially for undocumented individuals or those with Deferred Action for Childhood Arrivals (DACA). This guide provides information on traveling safely within the U.S., focusing specifically on whether you can travel to the U.S. Virgin Islands with DACA.
Note: This information is not legal advice. Consult with an attorney for specific guidance.
The flag of the US Virgin Islands, a US territory in the Caribbean.
Domestic Travel for Undocumented Individuals
Navigating travel within the U.S. requires understanding different state and federal policies regarding immigration enforcement.
Immigration Enforcement Across States
- States with Strong Protections: Oregon and Illinois limit local law enforcement’s cooperation with ICE, providing safer travel environments.
- Sanctuary States: California, New Jersey, and Washington have broad sanctuary statutes.
- States with Strict Policies: Florida, Georgia, Iowa, Texas, and West Virginia require local law enforcement to cooperate with ICE, demanding extra caution.
- Immigrant-Friendly States: New York and Rhode Island have sanctuary policies limiting local police involvement in ICE enforcement.
For detailed information, refer to the ILRC’s State Map on Immigration Enforcement and the National Map of Local Entanglement with ICE.
Domestic Flights: Identification and Security
For domestic flights, all travelers must present a valid, unexpired photo ID. Undocumented individuals can use the following:
- 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
A complete list is available on the TSA website.
Starting May 7, 2025, a REAL ID will be required for domestic flights if using a state-issued ID. Learn more in our REAL ID: What To Know resource.
A list of acceptable identifications for domestic flights according to the TSA.
Domestic Flight Preparation
- Identification: Ensure the name, date of birth, and gender on your ticket match your ID.
- Device Security: Secure devices with strong passwords. The government can ask for your phone but cannot demand your password.
- Safety Plan: Designate at least two people with access to your important documents, attorney contact information, and family/friend contacts. Share your flight details and discuss contingency plans.
Domestic Flights FAQ
- What is a domestic flight? A flight within the U.S. without international layovers.
- Can I fly to Hawaii or Alaska as an undocumented traveler? Yes, following the same TSA guidelines as any other state. Ensure no international layovers.
- Do I need a REAL ID? Not until May 7, 2025. Alternative identifications are accepted.
- Must I answer TSA/ICE/CBP questions? You have the right to remain silent.
- Can TSA search my luggage? Only for prohibited items, not for criminal searches.
- Can a pilot remove me from a flight? If deemed a safety threat, based on observations, not stereotypes.
- (CA ONLY) Can I fly with an AB 60 License? Not recommended due to inconsistent TSA acceptance.
- Can I fly with a foreign passport or Employment Authorization Document Card? Yes, per TSA guidelines.
Review the latest TSA guidelines before your flight.
Ground Transportation: Buses and Trains
Border Patrol agents have been known to conduct immigration checks on buses and trains. Be aware of your rights:
- Right to remain silent.
- Do not answer citizenship/immigration status questions.
- Provide valid immigration papers if you have them. Never use false documents.
- Refuse a search of belongings.
- Record videos of immigration agents.
- Ask for the officer’s name or ID number if stopped.
Ground Transportation FAQ
- Do I need a photo ID for local subways? No.
- Do I need a photo ID for buses within a metropolitan area? No, just the fare. For longer distances, yes.
Ground Transportation: Driving
Noncitizens may be eligible for a driver’s license. Check your state’s DMV. If stopped:
- Stop safely, turn on interior lights, open the window partially, and keep hands visible.
- Provide your driver’s license, registration, and insurance upon request.
- You can refuse a car search unless police believe there’s evidence of a crime.
- Drivers and passengers have the right to remain silent.
A sign indicating a border patrol checkpoint.
Driving FAQ
- Can police ask about my immigration status? Yes, but you can remain silent.
- What is a Border Patrol checkpoint? Checkpoints within 100 miles of the border where Border Patrol can stop vehicles for brief questioning.
(CA ONLY) Checkpoint locations include San Clemente, Temecula, Highway 79, I-8 West, Highway 94, Highway 78/86, Highway 111 and Highway S2.
Traveling to U.S. Territories
Undocumented individuals with temporary protection (TPS/DACA) may travel to U.S. territories without Advance Parole. However:
Important: Traveling to U.S. territories without DACA could result in a referral to ICE for removal.
Preparing for Travel to U.S. Territories
- Valid DACA: Ensure your DACA is valid throughout your trip.
- USCIS Documents: Bring proof of your granted deferred status.
- No Layovers Outside U.S.: Avoid any layovers or potential landings in foreign countries.
You may find additional helpful information on the U.S. Customs and Border Protection website.
Can I Travel to the US Virgin Islands with DACA?
Yes, if you have valid DACA, you can travel to the U.S. Virgin Islands. However, ensure your DACA doesn’t expire during your trip, carry your USCIS documents, and avoid layovers outside the U.S.
Conclusion
Traveling as an undocumented individual or with DACA requires careful planning and awareness of your rights. While traveling to the US Virgin Islands with DACA is permissible, it is crucial to maintain valid DACA status and carry necessary documentation. Always consult with a legal professional for personalized advice.
For further assistance, visit immigrantsrising.org.
This resource was created by Jesús Flores Rodríguez with editing support from Claire Calderón and Denia Pérez, Esq. Revised 2/2025.