Traveling within the United States as an undocumented immigrant can present unique challenges. This guide aims to provide comprehensive information and practical advice to help undocumented individuals navigate domestic travel safely and confidently. We will cover various modes of transportation, including flights, buses, trains, and driving, while also addressing frequently asked questions and concerns.
Understanding your rights and the policies in place is crucial for a smooth and secure travel experience. This resource is for informational purposes only and doesn’t substitute legal advice from a qualified attorney.
Domestic Flights: What You Need to Know
For domestic flights within the U.S., all passengers are required to present a valid, unexpired photo ID. The Transportation Security Administration (TSA) accepts several forms of identification from undocumented individuals:
- State photo identity card
- State driver’s license
- Unexpired foreign passport
- U.S. Citizenship and Immigration Services (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.
TSA checkpoint at an airport
Important Dates to Remember: 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. Learn more about REAL ID requirements in our REAL ID resource.
Preparing for Your Flight:
- Identification: Ensure the name, date of birth, and gender marker on your ticket match your ID exactly.
- Device Security: Protect your devices with strong passwords. You have the right to remain silent if asked for your password.
- Safety Plan: Designate at least two people with access to your important documents, attorney/community organization contacts, and family/friends’ information. Share your flight details and discuss contingency plans.
FAQ Regarding Domestic Flights:
- What is a domestic flight? A domestic flight occurs entirely within the U.S., without layovers or destinations in other countries.
- Can I fly to Hawaii or Alaska? Yes, flights to Hawaii and Alaska are considered domestic. Follow the same TSA guidelines. Ensure no layovers occur in other countries.
- Do I need a REAL ID now? No, not until May 7, 2025. You can still use other accepted forms of ID.
- Do I have to answer TSA/ICE/CBP questions? You have the right to remain silent under the Fifth Amendment, but refusal may lead to prolonged questioning. Consult with a lawyer before answering questions about your citizenship or immigration status.
- Can TSA search my luggage? TSA conducts “administrative searches” for prohibited items. “Criminal searches” can only be performed by law enforcement.
- Can a pilot remove me from the plane? Yes, if the pilot believes you pose a threat to the flight’s safety, based on reasonable observations, not stereotypes.
- (CA ONLY) Can I fly with an AB 60 License? It is not recommended due to inconsistent acceptance by TSA, potentially leading to questioning and ICE referral.
- Can I fly with a foreign passport or EAD card? Yes, these are acceptable forms of identification according to TSA guidelines. Be prepared to inform the TSA agent that these are acceptable documents if you encounter any issues.
Ground Transportation: Navigating Buses and Trains
Reports of Border Patrol conducting immigration checks on buses and trains (e.g., Greyhound, Amtrak) have surfaced. While CBP states its agents are prohibited from boarding without warrants or company consent, knowing your rights is crucial:
- You have the right to remain silent.
- Do not answer questions about your citizenship or immigration status without legal advice.
- 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 immigration agents.
- Request the officer’s name or ID number if stopped.
A Greyhound bus traveling on a highway
FAQ Regarding Ground Transportation:
- Do I need ID for the local subway? No.
- Do I need ID for a bus within the city? No.
- Do I need ID for intercity bus or train travel (e.g., Greyhound, Amtrak)? Yes, you need valid photo identification.
Ground Transportation: Driving Safely
Undocumented individuals may be eligible to drive legally in some states. Check your state’s Department of Motor Vehicles (DMV) for specific requirements. If stopped by law enforcement or immigration enforcement, consider the following:
- Stop safely, turn off the car, turn on the internal light, partially open the window, and place your hands on the wheel.
- Show your driver’s license, registration, and proof of insurance upon request.
- You can refuse a car search unless the police believe it contains evidence of a crime.
- Drivers and passengers have the right to remain silent. Passengers can ask if they are free to leave; if so, leave silently.
FAQ Regarding Driving:
- Can the police ask about my immigration status? Yes. However, you have the right to remain silent and do not have to answer these questions.
- What is a Border Patrol checkpoint? Border Patrol operates checkpoints within 100 miles of the border, where they may stop vehicles for brief questioning. They can refer motorists to secondary inspection areas.
A Border Patrol checkpoint on a highway
- (CA ONLY) Where are some checkpoints in California?
- San Clemente (I-5)
- Temecula (I-15)
- Highway 79 (near Sunshine Summit)
- I-8 West (east of Pine Valley)
- Highway 94 (east of San Diego)
- Highway 78/86 (west of the Salton Sea)
- Highway 111 (between Niland and Bombay Beach)
- Highway S2 (north of Ocotillo)
Traveling to U.S. Territories
Undocumented individuals with temporary protection (e.g., TPS/DACA recipients) may travel to U.S. Territories without Advance Parole. However, understand the risks:
Important: Traveling to U.S. Territories without DACA could result in a referral to ICE for removal.
Preparing for Travel to U.S. Territories:
- Ensure your DACA is valid. Do not allow it to expire during your travel.
- Bring USCIS documents showing your granted deferred status.
- Avoid layovers outside the U.S. states and territories. Ensure no planned or emergency landings occur in foreign countries.
For additional information, visit the U.S. Customs and Border Protection website.
Traveling as an undocumented immigrant within the U.S. requires careful preparation and awareness of your rights. By understanding the policies and procedures related to different modes of transportation, you can travel more safely and confidently.
Revised 2/2025.
