For most of us, booking a domestic flight or driving to another city is routine. In 2026, for anyone who is not a U.S. citizen, it no longer is. Enforcement that used to happen mainly at the border and in immigration courts has moved inside the country—into airport terminals, onto highways, and onto buses and trains. A trip that feels ordinary can now put you in front of an immigration officer before you ever leave town.
This post explains what has changed, and then walks through the specific risks for three groups: people here on a visa, lawful permanent residents (green card holders), and people who are undocumented. It closes with what to do before you travel and what to do if you are stopped. If you have any question at all about your status, treat this as a reason to call our office before you make travel plans—not after.
What Changed in 2026
Two developments have reshaped the risk of domestic travel.
TSA is now sharing passenger data with ICE. Under a data-sharing arrangement between the Transportation Security Administration and Immigration and Customs Enforcement—first reported to have begun in 2025 and significantly expanded in 2026—ICE cross-references domestic passenger information against immigration records and sends agents to airports to make arrests. When a copy of the underlying agreement was made public this summer, it confirmed what immigration attorneys had been seeing on the ground.
The people being arrested are not who you might expect. According to reporting by The New York Times and ABC News, ICE has been detaining travelers at airports across at least fifteen states, from California to Virginia—at check-in counters and even at boarding gates. An internal memo reviewed by ABC News documented at least 27 such arrests. Critically, many of those detained had no criminal record, held valid work permits or parole documents, and in some cases had pending applications to extend or adjust their status. Spouses of U.S. citizens and people with pending asylum cases have been among them. Earlier airport enforcement focused on people with final removal orders. This wave reaches much further.
There is one piece of encouraging news in the coverage. As The Guardian and The Wall Street Journal have reported, airline employees have begun pushing back. In one widely reported incident, a Southwest gate agent refused to let an ICE officer board a Dallas-to-Orlando flight because the officer carried only an administrative warrant, not a judicial warrant signed by a judge. That distinction matters, and we return to it below.
The takeaway is not that you can never travel. It is that in 2026 you should know exactly where you stand before you do.
If You Are Here on a Visa (Nonimmigrant Status)
Your single biggest risk is an expired I-94—not the visa stamp in your passport. The I-94 is what actually controls how long you are permitted to stay. You can check yours at i94.cbp.dhs.gov. Many people fall out of status without realizing it, for example by:
- Changing employers without an approved transfer petition
- Dropping below full-time enrollment as an F-1 student
- Working without authorization or outside the duties your status allows
- Staying past the I-94 expiration date even though the visa stamp still looks valid
- Continuing to rely on a change, extension, adjustment, or asylum application after the I-94 has already lapsed
If your I-94 shows D/S (“Duration of Status”), you may remain as long as you follow the rules of your visa—but activity inconsistent with your visa type can still put you out of status.
Here is what has changed and why it matters: a properly filed, pending application no longer reliably protects you at the airport. People with pending cases have been detained anyway. So if your I-94 has expired—or you are relying on a pending application to remain—do not fly without talking to us first.
When you do travel, carry your passport, a printed I-94, and any I-797 approval notice. Note that your I-94 and I-797 are important to have but are not accepted as TSA identification; a valid passport, REAL ID, enhanced ID, green card, or EAD can serve that purpose. F-1 and J-1 students should also carry Form I-20 or DS-2019. Keep digital or paper copies of everything in case originals are taken. Adults must carry proof of status at all times under federal law.
If you entered on a visa and now have a pending asylum application, do not assume that application protects you—see “A Special Note for Asylum Seekers” below.
If You Are a Green Card Holder (Lawful Permanent Resident)
You have more rights than any other non-citizen—but a green card does not make you immune from questioning, detention, or removal. The two things that most often turn a routine trip into a serious problem are old criminal issues and signing the wrong form.
Carry your green card at all times. Federal law requires lawful permanent residents 18 and older to carry their Form I-551 and present it on demand. It is also a TSA-accepted ID, so you do not need a separate REAL ID to fly. Keep your attorney’s phone number written on paper, not just saved in your phone.
Old convictions can resurface. A years-old DUI, misdemeanor, or plea deal can make a green card holder removable. This is also why you should never accept any criminal plea—no matter how minor it seems—without first talking to an immigration attorney. A plea that looks harmless in criminal court can have permanent immigration consequences.
Watch the “Voluntary Departure” form. If you are ever detained, do not sign anything, and be especially wary of a Voluntary Departure form. Signing it can permanently waive your right to a hearing before an immigration judge.
Remember the 100-mile zone. Border Patrol can board buses and trains within 100 miles of any U.S. border without a warrant. That zone covers vast portions of Arizona—which matters directly for our clients here—along with large parts of California, Texas, and other states. If you have any status concerns, factor that in before taking ground transportation through these areas.
If You Are Undocumented
Travel inside the U.S. now carries the highest risk for undocumented immigrants, and flying is the most exposed option because of the TSA–ICE data sharing described above. Driving to a nearby city and taking a bus or train also carry real risk. The most important step is simple: talk to an immigration attorney before any travel at all.
If you are considering flying, understand that ICE presence at airports is most likely to affect you if you have a final order of removal, a pending application, or any criminal history—and that you should expect the possibility of additional screening.
The 100-mile border zone deserves special attention. It covers close to two-thirds of the U.S. population and much of Arizona. Within it, agents may board buses and trains and ask about your status. You have the right to decline to answer, but refusing may lead agents to ask you to step off. Weigh that carefully before traveling through these areas.
Before you travel, if you travel at all:
- Speak with your immigration attorney first.
- Send a trusted person your travel plans and your attorney’s number.
- Arrange for someone to care for your children if you are detained.
- Write down and memorize your attorney’s phone number—you may lose access to your phone.
- Carry physical copies of any documents showing lawful status or pending applications, and secure your electronic devices before you go.
A Special Note for Asylum Seekers
Many people with a pending asylum application believe that filing shields them from immigration enforcement. It does not. A pending asylum case can protect you from being removed while it is being decided—but it does not protect you from being stopped, questioned, arrested, or detained. The recent wave of airport enforcement has swept up asylum applicants directly, including people who did everything right: they filed on time, appeared for their hearings, and in many cases obtained a work permit while their case was pending. If your I-94 expired while your asylum application has been pending, you are especially exposed—continuing to rely on a pending application after your I-94 has lapsed is one of the exact situations that can leave you subject to arrest. And if you are in removal proceedings, being detained while you travel can cost you the ability to appear at a scheduled hearing, which can be devastating to your case. The protection an asylum application gives you is real, but it is not immunity. Before you fly, drive a long distance, or take a bus or train, talk to us about your specific posture—whether your case is affirmative or defensive, your I-94 status, your work authorization, and any criminal history all change the calculation.
Know Your Rights—Wherever You Are Stopped
The following applies to everyone, regardless of status:
- Stay calm. Do not run, argue, or physically resist.
- Present appropriate ID if asked. You may show a passport or green card. You are not required to volunteer your visa category or immigration history.
- Opt out of facial recognition. DHS has expanded facial recognition to dozens of airports. For domestic flights you currently have the right to opt out—say, “I am opting out of facial recognition. I want manual ID verification,” and ask for a supervisor if refused. (Be aware that scans taken at the time of a prior lawful entry may already be in the system.)
- Remain silent. Say, “I am exercising my right to remain silent.”
- Ask for a lawyer. Say, “I want to speak to an attorney,” and repeat it as needed.
- Do not sign anything until you have spoken with your attorney—especially any form labeled Voluntary Departure.
Administrative warrant vs. judicial warrant. This is worth understanding. Most ICE warrants are administrative warrants signed by an immigration officer, not by a judge. An administrative warrant does not carry the same authority as a judicial warrant signed by a judge, which is part of why some airline employees have lawfully declined to grant agents access to aircraft or share passenger data. You are not obligated to consent to a search of a private space based on an administrative warrant alone. If you are ever unsure what you are being shown, you can calmly ask to see the warrant and note whether it is signed by a judge.
The Bottom Line
The rules that govern your right to travel have not changed as much as the way they are being enforced. A visa holder with an expired I-94, a green card holder with an old plea, and an undocumented parent driving across town each face very different risks—but all three now face those risks in places that used to feel safe. The most valuable thing you can do is get a clear, honest read on your own situation before you buy a ticket or get behind the wheel.
At Heflin Law PLC, we help clients understand exactly where they stand and plan travel—or decide against it—accordingly. If you are unsure about your I-94, a pending application, an old criminal matter, or any other status question, contact our office to schedule a consultation before you travel.
This post is for general information only and is not legal advice. Immigration law is fact-specific and changes quickly, and the enforcement landscape described here is evolving. Do not act or rely on this information without consulting a licensed immigration attorney about your particular situation. Portions of this post draw on client-education materials published by the American Immigration Lawyers Association (AILA) and on reporting by The New York Times, ABC News, The Guardian, and The Wall Street Journal.








