Traveling within the United States can present unique challenges, especially for undocumented individuals or those with Deferred Action for Childhood Arrivals (DACA) status. Understanding your rights and the specific requirements for different travel destinations is crucial for a safe and stress-free journey. This guide focuses on traveling to Hawaii with DACA, providing essential information and addressing common concerns.
Navigating immigration enforcement policies, identification requirements, and potential travel restrictions is key to ensuring a smooth experience. This information is intended to empower you with the knowledge you need to make informed decisions about your travel plans.
Domestic Flights and DACA: What You Need to Know
For domestic flights, including travel to Hawaii, all passengers must present a valid and unexpired photo ID issued by the state or federal government. The Transportation Security Administration (TSA) accepts several forms of identification from undocumented individuals, including:
- State photo identity card
- State driver’s license
- Foreign passport (must be unexpired)
- U.S. Citizenship and Immigration Service (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
Acceptable forms of identification at TSA checkpoints, including Employment Authorization Documents.
Important Dates: 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. Alternative forms of identification, such as a valid passport, will still be accepted.
Traveling to Hawaii with DACA: Specific Considerations
Hawaii is a U.S. state, so travel to Hawaii from the U.S. mainland is considered a domestic flight. This means that the same TSA guidelines apply as for any other domestic destination.
Key Considerations for DACA Recipients Traveling to Hawaii:
- Valid DACA Status: Ensure your DACA status is valid throughout your trip. Traveling with expired DACA, even with a renewal pending, can create significant complications.
- Direct Flights: When booking flights to Hawaii, make sure to select direct flights that do not have layovers in other countries. Even a brief stop in a foreign country can jeopardize your DACA status and your ability to re-enter the U.S.
- Documentation: Carry your USCIS documents that prove your deferred status. This can help facilitate your return and address any potential questions from authorities.
A traveler presenting valid identification at an airport security checkpoint.
Understanding Your Rights
It’s essential to understand your rights when interacting with TSA or other law enforcement officials. You have the right to remain silent and do not have to answer questions about your citizenship or immigration status. However, refusing to answer questions may lead to prolonged questioning or detainment.
Important Rights to Remember:
- You have the right to remain silent under the Fifth Amendment.
- 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, you have the right to ask for the officer’s name or ID number.
Ground Transportation: Buses and Trains
While traveling by bus or train within a metropolitan area typically does not require photo identification, traveling longer distances (e.g., Greyhound or Amtrak) does. There have been reports of Border Patrol agents conducting immigration checks on buses and trains, although Customs and Border Protection (CBP) states that agents are prohibited from boarding without warrants or company consent. It’s wise to be aware of your rights and remain cautious.
Driving
In some states, non-citizens are eligible to apply for a driver’s license, regardless of immigration status. Check with your state’s Department of Motor Vehicles (DMV) for eligibility requirements. If stopped by law enforcement, you should:
- Stop the car in a safe place as quickly as possible. Turn off the car, turn on the internal light, open the window partway, and place your hands on the wheel.
- Upon request, show the police your driver’s license, registration, and proof of insurance.
- If an officer or immigration agent asks to search your car, you can refuse. However, if the police believe your car contains evidence of a crime, they can search it without your consent.
Border Patrol Checkpoints
The United States Border Patrol operates traffic checkpoints, including permanent checkpoints within 100 miles of the border. Agents may stop vehicles for brief questioning, even without reason to believe the vehicle contains undocumented individuals.
A sign indicating an upcoming Border Patrol checkpoint.
Conclusion
Traveling to Hawaii with DACA is possible, but it requires careful planning and an understanding of your rights and responsibilities. By ensuring your DACA status is valid, choosing direct flights, carrying necessary documentation, and being aware of your rights, you can navigate your journey with confidence. Always consult with a qualified attorney for legal advice specific to your situation.
