New danger: Detention at US airports while traveling domestically

For people who have immigration issues, it has always been a risk to travel outside the US on an international flight. This is because on their return, they would need to present themselves to a US Customs and Border Protection (CBP) officer and their immigration violations could pop up on the CBP computers at the airport. However, it was always considered relatively safe to fly domestically (within the US), as CBP does not typically inspect travelers on domestic flights.

Recently, the American Immigration Lawyers Association (AILA) reported that there has been an increase in non-citizens being detained by the US Department of Homeland Security (DHS) at US airports during domestic travel. This includes airports in California, Colorado, Florida, Illinois, Kansas, Michigan, New Jersey, Texas and Virginia, to name a few states. It is unclear as to what alerted DHS to target and detain these individuals while flying domestically. Some of the people detained were out of status but timely filed an adjustment of status application, which was still pending. Others had applied for political asylum, which would have been considered to be “a period of authorized stay,” such that they should not ordinarily be detained. Others being detained had no criminal records and even had valid work authorizations. This is still a developing story, and I will monitor the situation to keep you informed on DHS patrolling or monitoring domestic flights.

If you are out of status or have any immigration issues, you may want to now consult with an attorney about the risks of domestic travel. In general, it would typically be risky to travel if your case involves:

• A charge or conviction for a crime.

• A previous denial due to fraud, whether it is adjustment of status or application for naturalization.

• A previous finding by USCIS that you were “not lawfully admitted” as lawful permanent resident (LPR) because your status was granted due to fraud or mistake.

The bottom line is the Trump administration is very strict on immigration enforcement, and if you have concerns about flying domestically or applying for any immigration benefit, it would be best if you first speak with an attorney rather than after you have been detained.

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