Travel documents rest on a customs inspection counter as passengers move through airport processing.
Reports of immigration arrests at U.S. airports have left many noncitizens asking whether it is still safe to take a domestic flight. Immigration attorneys say the question is now one of the most common they hear, even from clients who have never had a problem with immigration authorities.
The concern is grounded in fact. According to immigration lawyers, ICE is working with TSA and targeting people at check-in counters and gates, rather than relying on the warrants and surveillance operations used in the past. Reuters obtained internal ICE data showing that TSA flagged 31,000 travelers for potential immigration enforcement, and more than 800 arrests followed those tips. Early high-profile cases involved people DHS described as subject to final orders of removal, but enforcement has since widened. The share of noncriminal arrests has grown since the spring, and two married pastors were arrested at a Texas airport for overstaying their religious visas.
For people in valid immigration status, domestic travel remains generally safe, provided they carry the right documents and their records are in order. For an H-1B worker, being in status means being employed by the sponsoring employer, and other nonimmigrant categories come with their own conditions that must be met.
Many noncitizens are unaware that federal law already requires them to carry proof of registration. Section 264(e) of the Immigration and Nationality Act, codified at 8 U.S.C. § 1304(e), states that “Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d).” The statute sets the penalty at $100 or 30 days in jail, but DHS reads the general federal sentencing statutes as raising that ceiling: noncompliance is a misdemeanor punishable by a fine of up to $5,000, imprisonment for up to 30 days, or both.
For most nonimmigrants, the document that satisfies this requirement is the Form I-94 arrival/departure record. Federal regulations list the I-94 as evidence of registration, and a valid, unexpired nonimmigrant admission or parole stamp in a foreign passport also qualifies. An H-1B worker traveling domestically would typically carry a passport, the most recent I-94 (downloadable from CBP’s website and worth re-downloading after any international trip), the I-797 approval notice, and proof of current employment such as recent pay stubs or an employment verification letter. A worker who was recently laid off may still be within the grace period of up to 60 days and should carry the termination letter and any evidence of a pending transfer petition.
Travelers whose I-94 has expired but who filed a timely extension or change of status should carry the I-797C receipt notice from USCIS showing that the application is pending. H-1B workers with a timely filed extension for the same employer can generally continue working for up to 240 days while the case is pending, and the receipt notice is the proof of that. F-1 students should carry a signed I-20 along with their I-94, plus an EAD if they are on OPT. Green card holders must carry the physical card, along with the receipt notice that extends it if the card has expired. EAD holders should also note that in a rule finalized on June 29, 2026, DHS asked for public comment on possibly removing the Employment Authorization Document (Form I-766) from the list of documents that count as evidence of registration.
Domestic travelers are rarely asked for these documents, but carrying them costs little and can prevent serious trouble in the uncommon case they are requested.
A second legal obligation is overlooked far more often: the duty to report a change of address. Under Section 265(a) of the Immigration and Nationality Act, 8 U.S.C. § 1305(a), every noncitizen required to be registered who is in the United States must notify DHS in writing of each change of address within 10 days of moving. This is done on Form AR-11, which can be filed online through the USCIS website at no cost. Most nonimmigrants and permanent residents are covered, with narrow exceptions such as diplomats and certain international organization employees. Updating an address with an employer, the post office, or on a single pending application does not by itself satisfy the requirement unless the change is also reported to USCIS through its change-of-address process.
The consequences are significant. Failing to report is a misdemeanor punishable by a fine of up to $5,000, imprisonment for up to 30 days, or both. More seriously, under INA Section 237(a)(3)(A), a noncitizen who fails to comply with the change-of-address requirement is removable unless the failure was reasonably excusable or not willful. Immigration attorneys advise that anyone who has moved without filing an AR-11 should do so immediately, and certainly before traveling, keeping the confirmation with their travel documents.
Some people should think carefully before flying at all. Those with a final order of removal, or who are out of status, are precisely the travelers the TSA and ICE data sharing is designed to identify. Anyone with an arrest or criminal charge that has not yet been resolved is advised not to risk travel until the case is disposed of. The Laken Riley Act, signed on January 29, 2025, requires federal detention of certain noncitizens who are arrested for, charged with, convicted of, or admit to committing burglary, theft, larceny, shoplifting, assault of a law enforcement officer, or any crime causing death or serious bodily injury. The law is aimed mainly at people who entered without inspection, are present through fraud or misrepresentation, or lack valid entry or parole documents, and under it a charge alone can be enough to trigger mandatory detention.
Noncitizens who have already been convicted of an offense should consult an immigration attorney before traveling. Whether a conviction counts as a crime involving moral turpitude, an aggravated felony, or falls within an exception such as the petty offense exception is among the most complex questions in immigration law, and the answer depends on the exact statute and sentence rather than how serious the offense sounds. A minor traffic infraction such as a speeding ticket generally should not cause problems, as long as the traveler carries a copy of the court disposition. A DUI, however, is not treated as a minor traffic matter for immigration purposes, and even an arrest can lead the State Department to revoke a visa. Attorneys also caution that an airport or checkpoint is not a courtroom: officers can detain someone who is not actually removable, and that person may then have to contest the case before an immigration judge, often while in detention.
Driving does not avoid enforcement either, particularly in states bordering Mexico or Canada. Section 287(a)(3) of the Immigration and Nationality Act allows immigration officers to search vehicles within a “reasonable distance” of the border, and federal regulations define the terms broadly. Under 8 CFR 287.1, the external boundary includes the land borders and the territorial sea extending 12 nautical miles from the coast, and a reasonable distance means within 100 air miles of that boundary unless officials set a shorter one. Because coastlines count, the 100-mile border zone covers roughly two-thirds of the U.S. population, taking in cities such as Los Angeles, San Diego, New York, Miami, Houston and Seattle. The Supreme Court upheld brief stops at fixed checkpoints without individualized suspicion in United States v. Martinez-Fuerte (1976).
Southern California drivers are familiar with one such checkpoint. The Border Patrol operates a station on northbound Interstate 15 just north of the San Diego–Riverside County line at the southern end of Temecula, more than 50 miles from the border, and when it is open, agents stop every northbound vehicle. Agents may ask about citizenship and request documents, so drivers should carry the same papers they would bring on a flight.
Attorneys advise anyone who is stopped to stay calm and never lie or present a false document, since a false claim to U.S. citizenship can permanently bar a person from the country. Travelers should show their registration documents if asked, but may otherwise decline to answer questions and ask to speak with a lawyer. They should not sign anything they do not fully understand, particularly forms agreeing to voluntary departure or removal, and should keep their attorney’s phone number written on paper rather than only stored in a phone.
For most people in lawful status, the message is reassuring: travel, but travel prepared. Carry an I-94 and proof of status, make sure the address on file with USCIS is current, and if anything in your record raises doubts, speak with an immigration attorney before booking the ticket.
This article is for general information and does not constitute legal advice.
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