Travelers with pending immigration cases should be aware that such status may not protect them from ICE enforcement during domestic flights.
If you are relying solely on a pending immigration application, work permit, or protection from removal, it is crucial to consult an immigration lawyer before boarding a domestic flight. Without lawful immigration status, you may be at risk of detention by Immigration and Customs Enforcement (ICE).
Recent incidents have highlighted this risk. On July 17, ICE detained Alim Garipov, an 18-year-old Russian asylum seeker, at Houston’s Hobby Airport. Despite having a pending asylum case, ICE stated that Garipov’s authorized stay had expired in 2022. Just three days later, Chantal Alejandra Morales Rojas, an Ecuadorian national, was arrested by plainclothes officers at Denver International Airport. Her lawyer claimed she had a timely filed application and employment authorization, but the Department of Homeland Security (DHS) classified her as a visa overstay.
These cases illustrate a dangerous misconception: simply having a pending case or a work permit does not guarantee lawful immigration status or immunity from ICE actions.
An April investigation by Reuters revealed that the Transportation Security Administration (TSA) had provided ICE with records on over 31,000 travelers for potential immigration enforcement. Following these referrals, ICE made more than 800 arrests through February 2026.
The information was obtained through Secure Flight, a counterterrorism screening program. Although it remains unclear how many arrests occurred within airports, the data allows ICE to track who is traveling, when, and through which airports. Federal authorities may already have access to a traveler’s itinerary before they even reach the terminal.
For many immigrant families, flying is a routine part of life. However, government-issued documents can create a false sense of security. A work permit allows for employment but does not equate to lawful immigration status. Similarly, an identification document accepted by TSA verifies identity for screening purposes but does not provide immunity from ICE enforcement.
Three specific groups should exercise heightened caution when considering air travel.
The first group consists of asylum applicants whose tourist, student, or other nonimmigrant statuses have expired. While filing for asylum preserves the right to seek protection and may allow for employment, U.S. Citizenship and Immigration Services (USCIS) has clarified that a pending asylum application does not confer lawful immigration status.
The second group includes individuals applying for family-based adjustments who have overstayed their visas prior to filing for a green card. For instance, a visitor who marries a U.S. citizen may file an I-130 petition and an I-485 application, obtaining a work permit in the process. However, USCIS maintains that a pending adjustment application does not place the applicant in lawful immigration status.
Risk is further compounded for those with an old removal order, missed hearings, prior denials, or unresolved court cases. Eligibility for a future green card does not necessarily equate to having lawful status at present.
The third group includes individuals granted withholding of removal or protection under the Convention Against Torture. While these protections generally prevent removal to countries where persecution or torture is likely, they do not erase the underlying removal order, create permanent status, or prohibit detention.
One notable case that underscores these risks involved Sister Leticia “Letty” Ugboaja, a Nigerian Catholic nun and registered nurse. On June 28, ICE agents detained her not at an airport but while she was walking to Sunday Mass in McAllen, Texas.
Although an immigration judge had denied her asylum application, she was protected from removal due to a finding that she likely faced torture in Nigeria. Despite complying with all requirements and holding work authorization, ICE detained her, reportedly considering her removal to a third country. She was released later that day after intervention from parish officials and members of Congress.
Sister Letty’s experience highlights that no public space is inherently safe from ICE enforcement. Airports present a unique risk, as government agencies may know exactly when and where vulnerable individuals will appear.
Travelers maintaining valid H-1B, F-1, L-1, or other statuses are in a different situation compared to those whose statuses expired years ago. However, individuals should not assess their risk solely based on a USCIS receipt notice, online case status, or work permit. Legal counsel is essential to determine whether a traveler has lawful status, a final removal order, an effective stay, an open court case, or any ICE reporting obligations.
Airport screening was designed to enhance aviation security, not to convert domestic travel itineraries into leads for immigration enforcement. The repurposing of passenger data for routine civil arrests creates a two-tiered travel system: some families can fly to weddings or funerals without fear, while others risk detention simply by making a reservation.
A pending application may offer a pathway to lawful status, but it does not automatically restore an expired status, cancel a removal order, or prevent ICE detention.
Until immigrants fully understand this distinction—and until the government limits its use of passenger data—the safest course of action is clear: if you lack current lawful immigration status, do not fly until an immigration lawyer has reviewed your case.
Richard T. Herman, an immigration lawyer with over 30 years of experience and founder of the Herman Legal Group, emphasizes the importance of legal guidance in these matters. He is also the co-author of *Immigrant, Inc.* and frequently writes about family-based immigration.