TSA checking passengers’ immigration status for domestic flights

 Recently, a Filipina came to my office after she was “caught” by the TSA on a domestic flight from Newark, NJ to Chicago, IL. She was going through security on this domestic flight when a TSA officer asked her for her photo ID and boarding pass. She showed her current, unexpired Philippine passport, and the TSA officer started going through the pages of the passport and then asked, “Where’s your visa?” She replied that it was in her old passport, which she had left at home. The TSA officer then proceeded to tell her that he would call Customs and Border Protection (CBP) because he needed to verify her immigration status. 

About 40 minutes later, CBP officers arrived, began questioning her, and determined that she was out of status (TNT). They handcuffed her, and took her over to “secondary” for further questioning. Ultimately, she was issued a Notice to Appear (NTA), placing her in removal/deportation for having over-stayed her “visit” by several years. 

This is certainly a new development, in that for years, people felt secure in traveling within the US, as it typically does not involve a person having to be “inspected” by immigration officials. However, it seems that now the TSA is not only checking our baggage for dangerous items, but is also checking and verifying people’s immigration status on domestic flights. 

In fact, on the TSA’s website, they announce that the TSA has now “assumed travel document checking responsibilities from airline contractors”. (In the past, private companies would be checking people’s identification and boarding passes, but now TSA has taken over that duty).

The TSA states that it will check if passengers’ boarding passes and identification are valid and in proper order. TSA notes that it has “found thousands of suspect, illegible or expired documents, including passports, visas, and driver’s licenses”. TSA further notes that “individuals with fraudulent or suspect documents are now being referred to law enforcement for closer scrutiny and investigation instead of proceeding to the boarding gate.”

Among the TSAs “success stories” is that a TSA officer had become suspicious of a passenger because the “passenger’s visa had expired”.  That passenger was interviewed by law enforcement officers, as well as officers from Immigration and Customs Enforcement (ICE) and Customs and Border Protections (CBP), and the passenger was taken into custody. 

 In another case, a Colorado passenger presented a passport that was altered. “Further investigation indicated that the passenger was in the country illegally and wanted by authorities after failing to appear for a court hearing on his immigration status”. (Perhaps the alien had an outstanding “in absentia” deportation order when he failed to show up for a hearing).  Another passenger from Georgia “was arrested after presenting a TSA document checker with a US permanent resident card (green card) that had someone else’s picture on it.  In other cases, people presented bogus green cards and TSA officials turned them over to ICE.

In addition, I called the TSA, and they confirmed that TSA document checkers are asking people who present foreign passports to show an unexpired visa, showing that they are still in the US “legally”.

 Therefore, it can no longer be said that it is 100% “safe” for TNT’s to travel within the US. That is why it is all more important that if you are out of status, that you seek the advice of a reputable attorney who can perhaps find legitimate ways for you to legalize your status.

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