On March 23, 2026, Immigration and Customs Enforcement (ICE) agents began working at some airports around the country, to assist the Transportation Security Administration (TSA) which has been struggling with staffing due to the partial government shutdown and TSA agents not receiving their pay. It is unclear what duties ICE agents would perform since they lack any training for conducting security screenings required for domestic and international travel. Given recent conflicts and controversies with ICE enforcement activities around the country, the presence of ICE agents at airports could present significant risks, especially for travelers who are not U.S. citizens.
The Law Offices of Spojmie Nasiri, PC has put together this comprehensive FAQ guide about what your rights are when it comes to airport travel. Explore the guide to answer frequently asked questions about ICE and airport travel and to ensure you are best prepared before going to an airport.
Airports, especially international terminals are treated as ports of entry, where the government has broader authority than inside the United States. This makes airports high-enforcement zones, where travelers may face increased questioning, searches, and possible detention.
You may encounter agents or officers from a variety of agencies, including:
U.S. Customs and Border Protection (CBP)
-Primary agency at international arrivals
-Reviews identity, immigration status, and admissibility
-Conducts questioning and searches
U.S. Immigration and Customs Enforcement (ICE)
-May arrest individuals at or near airports
-Targets individuals with prior removal orders or immigration violations
-Uses shared travel and government data
Transportation Security Administration (TSA)
-Conducts security screening for all passengers
-Not an immigration agency, but may refer individuals to law enforcement
Airport Police / Local Law Enforcement
-Handle safety and criminal matters
-May assist federal agencies
Other Federal Agencies (in limited cases)
-FBI (national security)
-DEA (drug-related enforcement)
Make sure to bring legal identity documents to the airport. It is also strongly recommended that you bring all immigration-related documents showing you are legally allowed to be present in and re-enter the United States.
These documents are critical for international travel and are also advisable for domestic travel.
U.S. Citizens:
-Valid U.S. passport
Lawful Permanent Residents (Green Card Holders)
-Foreign passport
Permanent Resident Card (Green Card)
-Form G-28 (if represented by an immigration attorney)
Visa Holders / Non-Immigrant
-Foreign passport
-Valid visa
-Form I-94 (arrival/departure record)
-Form I-20 (for students, if applicable)
-Form I-797 (approval notices)
-Any additional immigration documents supporting your legal status
Carrying complete documentation helps prove your identity and legal status and may help avoid delays, complications, or detention.
Yes. ICE may arrest individuals at airports, especially those with prior deportation or removal orders, certain criminal histories, or immigration violations that can be identified through data sharing (In December 2025, TSA began sharing air passenger information with ICE).
Yes, officers may ask about things such as your identity, immigration status, and travel history. Refusing to answer may result in delays, secondary inspection, or denial of entry (for non-citizens).
Yes—but with limitations. You may choose not to answer certain questions. However, this may lead to delays or negative consequences, especially for non-citizens.
Yes. At airports and border zones, officers can search your belongings without a warrant or suspicion.
Yes. Officers may request access to electronic devices. You may refuse, however your device may be confiscated and you may face delays or further questioning.
Secondary inspection is a more detailed screening that may include additional questioning, a review of your travel and immigration history, and searches of your belongings and devices.
Yes. You may be detained for several hours or longer. In some cases, you may be transferred to ICE custody or you may be placed in immigration proceedings
If you are every detained, directly ask the officer "Am I being detained?” or “Am I being taken into ICE custody?”.
You can request an attorney, but you may not have immediate access to legal counsel and officers may continue processing your case before the attorney is involved.
No—do not sign any document that you do not understand and do not fully understand the consequences of. You have the right to request translation and to ask for clarification.
Yes.
U.S. Citizens
-Cannot be denied entry
-May still be questioned and searched
Green Card Holders
-Can be questioned and inspected
-May face issues based on travel or criminal history
Visa Holders / Non-Citizens
-Most vulnerable
-Can be denied entry based on officer discretion
Those who are at a higher risk of being targeted by immigration enforcement at airports include those with prior removal orders, individuals with pending or complex cases, those with criminal history, travelers from countries under travel ban restrictions, and individuals commonly subject to racial or religious profiling (including Muslim, Afghan, and South Asian communities).
If you wear a religious head covering (such as a hijab, turban, or other religious attire), you have important rights during TSA screenings. You are not required to remove your religious head covering in public. If an alarm is triggered, TSA officers may request additional screening
Your rights during additional screening:
-You may request that screening be conducted by an officer of the same gender
-You may request that any removal of your head covering take place in a private area
Pat-down option:
-If you do not want a TSA officer to touch your head covering, you may politely refuse and request to pat down your own head covering. You will then be taken aside and will perform the pat-down yourself under TSA supervision.
-Afterwards, your hands may be swabbed to test for chemical residue.
-Once cleared, you should be allowed to proceed
If removal of your head covering is required:
You have the right to request a private screening room and an officer of the same gender.
Important protection:
Officers may NOT select you for additional screening based solely on your religion, race, national origin, gender, ethnicity, or political beliefs.
Prepare your documents
-Passport, visa, or green card
-Copies of immigration paperwork
Create a safety plan
-Share travel plans with a trusted person
-Keep your attorney’s contact information
Assess your risk
-Travel may not be advisable for individuals with complex immigration histories
Knowing your rights is important but understanding how those rights are applied at airports is critical. Airports are high-risk enforcement environments, where your rights exist, but are limited, and the outcomes depend heavily on immigration status and officer discretion.
Yes. Travel can carry serious legal risks, even for individuals with status. Legal advice should be specific to your case.
Air travel today requires preparation, awareness, and caution. Understanding your rights and how they function in real-world situations can make a critical difference in protecting yourself and your immigration status.
For those planning to travel internationally, many will opt to renew their U.S. passport online so long as they meet certain eligibility requirements. However, once a passport application has been filed online, the old passport will be automatically cancelled and cannot be used for travel. So, if you plan on renewing your passport online, be sure to submit your application at least 6 weeks before any planned travel.
There are several requirements if you are planning on renewing your passport online:
No, if you applied for a passport renewal online, you do not need to mail in your old passport. You can keep your old passport - however, it will automatically be cancelled once you submit the renewal application.
If you are trying to renew your passport online before traveling internationally, you should submit your renewal application no less than 6 weeks before your travel dates.
You can check the status of your passport renewal here: https://passportstatus.state.gov/.
Starting in February 2026, the Transportation Security Administration (TSA) will begin charging a fee of $45 to air travelers who do not have a REAL ID-compliant form of identification. The fee is intended to cover the cost of alternative identity verification.
Earlier this year, we wrote that the REAL ID Act went into effect. As of March 2025, REAL ID-compliant identification has been enforced as a requirement for domestic air travel. However, since that time, TSA has offered travelers without a REAL ID the opportunity to get through security after undergoing additional screening.
With this announcement from TSA, travelers without a REAL ID will need to show another valid form of identification in order to travel, such as an unexpired passport, permanent resident cards, military ID cards, or photo IDs issued by federally-recognized tribal nations. Without an additional form of identification, travelers will not be able to pass through airport security without paying the $45 fee and completing the alternate identify verification process.
REAL ID is a set of enhanced security requirements for state-issued driver's licenses and identification cards that were initially mandated in the aftermath of the September 11th attacks. After several significant delays, the requirements are now in effect and being enforced.
The $45 fee covers the cost of undergoing alternative identity verification process through the TSA's "Confirm.ID" system. Payment of the fee does not guarantee that the travelers will successful pass the screening process, however. If TSA is unable to verify the traveler's identity, they will not be permitted to pass through security. A successful verification through this new system is valid for 10 days. Travelers can pay the fee prior to arriving at the airport or can pay the fee in-person once arriving at the security screening area. The alternative verification process can take up to 30 minutes.
It is important for you to consider identification requirements before traveling domestically, especially if you are not a naturalized U.S. citizen. If you have any questions about the REAL ID process or require assistance to prepare for domestic or international travel, please don't hesitate to contact the immigration legal professionals at the Law Offices of Spojmie Nasiri, PC.
Our office previously wrote about changes that USCIS would be making to the Naturalization Civics Test that applicants are required to pass in order to become a U.S. citizen. That updated citizenship test is now in effect, as of October 20th, 2025.
Applicants who submitted their Form N-400 prior to October 20th will be subjected to the previous testing guidelines. Anyone who filed their Form N-400 on or after October 20th, 2025 must meet the updated standards, which includes passing the updated civics test by answering 12 out of 20 questions correctly. The questions are randomly selected from a bank of questions that has been expanded from 100 to 128.
The pass/fail test is administered orally, and an immigration officer will stop the test once the applicant has passed the threshold of 12 correct responses or 9 incorrect responses. Applicants who are unsuccessful may retake the test, but failing the test twice results in an automatic denial of the citizenship application.
The other core requirements for becoming a naturalized citizen include providing proof of living in the United States as a lawful permanent resident for at least 5 years (or 3 years if married to a U.S. citizen), the ability to read, write, and speak English, evidence of good moral character, and taking an oath of allegiant to the U.S. Constitution.
Lawful permanent residents who are 65 years or older and have been in the United States for at least 20 years are subjected to modified testing guidelines that only require answering 10 questions correctly that are randomly selected from a bank of 20 possible questions.
You can download the updated bank of 128 questions and answers by clicking here.
The full study guide for the 2025 Naturalization Civics Test can be found here.
The immigration legal team at the Law Offices of Spojmie Nasiri, PC has extensive experience assisting immigrants through the entire naturalization process, including helping applicants prepare for the citizenship test. Please don't hesitate to contact our office with any questions or assistance.
IMPORTANT NOTE - October 1, 2025: While the U.S. government is currently shut down, there is no funding for the Department of Justice lawyers who are advocating for the government in the DACA legal case. As a result, deadlines that were previously scheduled in the case have been postponed. Once the government is reopened, more information will be available about deadlines in the case and whether or not the judge will accept the government's proposal to begin accepting new DACA applications.
Pending the final approval of U.S. District Judge for the Southern District of Texas Andrew Hanen, the Department of Homeland Security plans to begin processing new applications under the Deferred Action for Childhood Arrivals, better known as DACA.
DACA is a program initially created by the Obama Administration that provides protection against deportation for those who were brought into the country illegally by their parents. The program allows for applicants to remain in the United States and to obtain a two-year, renewable work permit, so long as they meet the eligibility requirements, which includes not being convicted of a felony or significant misdemeanor.
Over 533,000 people are currently enrolled in DACA, and it is estimated that over 1 million people could be eligible to submit a first-time application, should the judge approved the government's plan. New applications for DACA have been suspended since 2021, when Judge Hanen of the Southern District of Texas ruled that DACA was illegal. His order allowed for DACA recipients to renew their status, but included a nationwide injunction that prohibited new applications from being processed and approved.
However, the Fifth Circuit Court of Appeals in January issued a mixed ruling that limited the initial court order to Texas, and held that the government could extend protections against deportation. The Appeals Court remanded the case back down to the District Court, and the government proposed accepting new DACA applications in order to comply with the Appeals Court order. However, litigation about the future of DACA will likely continue, so the future of the program remains uncertain.
If the judge accepts the government's plan, USCIS will begin accepting and processing new applications for DACA nationwide, which would entitle applicants to protection against deportation and a two-year work permit. Those in Texas, however, would receive protection against deportation but would not be eligible to receive a work permit. Under the proposed plan, current DACA participants in Texas would be able to renew their work permit for just one more renewal period, and any DACA participants who move into the state would be stripped of their work permit.
If you are eligible to apply for DACA, there could be an opportunity later this year to submit an application. Contact the immigration lawyers at The Law Offices of Spojmie Nasiri, PC to discuss what the requirements are for applying for DACA and how you can begin preparing should the government begin processing new applications.
Our office will provide the latest updates on the program as soon as they are made available.
NOTA IMPORTANTE – 1 de octubre de 2025: Mientras el gobierno de los Estados Unidos permanece cerrado, no hay fondos disponibles para los abogados del Departamento de Justicia que representan al gobierno en el caso legal de DACA. Como resultado, los plazos previamente establecidos en el caso han sido pospuestos. Una vez el gobierno reabra, se dispondrá de más información sobre las nuevas fechas límite y sobre si el juez aceptará o no la propuesta del gobierno para comenzar a recibir nuevas solicitudes de DACA.
Pendiente la aprobación final del Juez de Distrito de los Estados Unidos para el Distrito Sur de Texas, Andrew Hanen, el Departamento de Seguridad Nacional (DHS) planea comenzar a procesar nuevas solicitudes bajo el programa de Acción Diferida para los Llegados en la Infancia, mejor conocido como DACA.
DACA es un programa creado inicialmente por la Administración Obama que brinda protección contra la deportación a las personas que fueron traídas al país ilegalmente por sus padres. El programa permite a los solicitantes permanecer en los Estados Unidos y obtener un permiso de trabajo renovable por dos años, siempre que cumplan con los requisitos de elegibilidad, los cuales incluyen no haber sido condenado por un delito grave o un delito menor significativo.
Actualmente, más de 533,000 personas están inscritas en DACA, y se estima que más de un millón de personas podrían ser elegibles para presentar una solicitud por primera vez si el juez aprueba el plan del gobierno. Las nuevas solicitudes de DACA han estado suspendidas desde 2021, cuando el juez Hanen del Distrito Sur de Texas dictaminó que DACA era ilegal. Su orden permitió que los beneficiarios actuales renovaran su estatus, pero incluyó una medida cautelar a nivel nacional que prohibió el procesamiento y la aprobación de nuevas solicitudes.
Sin embargo, en enero, la Corte de Apelaciones del Quinto Circuito emitió una decisión mixta que limitó la orden inicial a Texas y determinó que el gobierno podía continuar otorgando protecciones contra la deportación. La Corte de Apelaciones devolvió el caso al Tribunal de Distrito, y el gobierno propuso comenzar a aceptar nuevas solicitudes de DACA para cumplir con la orden del tribunal de apelaciones. No obstante, los litigios sobre el futuro de DACA probablemente continuarán, por lo que el futuro del programa sigue siendo incierto.
Si el juez aprueba el plan del gobierno, USCIS comenzará a aceptar y procesar nuevas solicitudes de DACA en todo el país, lo que permitiría a los solicitantes obtener protección contra la deportación y un permiso de trabajo por dos años. Sin embargo, en el estado de Texas, los solicitantes recibirían protección contra la deportación, pero no serían elegibles para obtener un permiso de trabajo. Según el plan propuesto, los actuales beneficiarios de DACA en Texas podrían renovar su permiso de trabajo solo por un período adicional, y cualquier beneficiario de DACA que se traslade a dicho estado perdería su autorización de empleo.
Si usted es elegible para solicitar DACA, podría haber una oportunidad más adelante este año para presentar una solicitud. Comuníquese con los abogados de inmigración en Las Oficinas Legales de Spojmie Nasiri, PC para conversar sobre los requisitos para solicitar DACA y cómo puede comenzar a prepararse en caso de que el gobierno empiece a procesar nuevas solicitudes.
Nuestra oficina proporcionará las últimas actualizaciones sobre el programa tan pronto como estén disponibles.
The United States Citizenship & Immigration Service (USCIS) has announced that it will implement a new civics test for those applying for naturalization. Beginning in the middle of October 2025, those applying for citizenship will be required to correctly answer 12 out of 20 questions that are randomly selected from an updated bank of 128 questions.
The questions are intended to demonstrate a knowledge and understanding of U.S. history and the civics test is required under U.S. law. Applicants are asked each question orally and they must provide a correct response. The questions are not multiple choice, though often there are multiple answers that could be correct.
Previously, applicants would only have to answer 6 out of 10 questions correctly, and they were provided a pool of 100 questions to study. With this change, the number of possible questions increases to 128, and applicants will be required to answer twice as many questions correctly.
Another change as part of this update is the way in which the test is administered. Previously, applicants were asked all questions regardless if they had already reached the threshold of correct answers. Starting in October, if the applicant has already answered the requisite number of correct questions, they won't be asked any further questions. So, once 12 correct answers are provided, the immigration office will stop administering the test. The opposite is also true: if the applicant has provided 9 incorrect answers, the test will stop and they will have received their
Special consideration is given to applicants over the age of 65 who have lived in the United States as a lawful permanent resident for at least 20 years. In this special case, the applicant will only be required to answer 10 correct questions from a specially-selected bank of 20 test questions.
The civics test is one of the core requirements for becoming a naturalized citizen. The other requirements include proof of living in the United States as a lawful permanent resident for at least 5 years (or 3 years if married to a U.S. citizen), the ability to read, write, and speak English, evidence of good moral character, and taking an oath of allegiant to the U.S. Constitution.
At the Law Offices of Spojmie Nasiri, PC, our immigration legal team assists immigrants every step of the way towards applying for U.S. citizenship, including preparing for the civics test.
The state of California provides stronger protections for undocumented immigrants than many other states. But it’s still critical to know your rights and be prepared.
Here’s what you and your loved ones need to know:
Stay Silent: You have the right to remain silent. You can say: “I am exercising my right to remain silent.”
Don’t Open the Door: ICE cannot enter your home without a judicial warrant signed by a judge. They often show an “ICE warrant” (Form I-200 or I-205) — these are NOT valid for entry. Slide a note under the door or speak through the door: “I do not consent to entry. Please slide the warrant under the door.”
Do Not Sign Anything: You have the right to refuse to sign any document ICE gives you — especially voluntary departure or deportation papers — without first speaking with an attorney.
Keep copies with you in a safe place and accessible to someone you trust:
Memorize key phone numbers in case your phone is taken or not available.
Under SB 54, California limits local police and sheriff collaboration with ICE. That means:
Protect yourself and your community. Knowledge is power.
Save this page, share with your family and friends, and follow trusted legal organizations for more updates.
California ofrece protecciones más sólidas para los inmigrantes que muchos otros estados. Sin embargo, sigue siendo fundamental conocer tus derechos y estar preparado.
Esto es lo que tú y tus seres queridos deben saber:
Guarde silencio: Tiene derecho a permanecer en silencio. Puede decir: “Estoy ejerciendo mi derecho a permanecer en silencio.”
No abra la puerta: ICE no puede entrar a su hogar sin una orden judicial firmada por un juez. A menudo muestran una “orden de ICE” (Formulario I-200 o I-205), pero estas NO son válidas para ingresar. Deslice una nota por debajo de la puerta o hable a través de la puerta: “No doy mi consentimiento para que entren. Por favor, deslicen la orden por debajo de la puerta.”
No firme nada: Tiene derecho a negarse a firmar cualquier documento que ICE le entregue — especialmente papeles de salida voluntaria o deportación — sin antes hablar con un abogado.
Guarde copias en un lugar seguro y accesible para alguien de su confianza:
* Memorice números de teléfono clave en caso de que le quiten el celular o no lo tenga disponible.
Bajo la ley SB 54, California restringe la colaboración entre la policía local y los alguaciles con ICE. Esto significa que:
Protéjase a usted mismo y a su comunidad. El conocimiento es poder.
Guarda esta publicación, compártala con su familia y amigos, y siga a organizaciones legales confiables para más actualizacione.
The demand for immigration lawyers has grown significantly over the past few years, and the trend is only expected to continue with a shortage in the marketplace. As law students prepare for their legal career, selecting a law school is one of the most important decisions a future lawyer has to make.
Recently, immigration attorney Spojmie Nasiri was interviewed by U.S. News & World Report regarding her suggestions and tips for law students when selecting a law school.
She discussed the importance of law students participating in practical training opportunities, such as legal clinics and legal externships, to learn the real-world application of what they are learning in class. Spojmie also talked about the incredible value of mentorship in law school.
You can read the full article here: How to Pick a Law School for an Immigration Law Career
After years of delays and push backs, the REAL ID Act will finally be in effect on May 7, 2025. This new law will have a significant impact on how Californians and all U.S. travelers use their identification for domestic travel and federal access.
The REAL ID Act is a law that was passed in 2005 that set higher security standards for identification cards issued by states. In order for a REAL ID to be compliant with the Act, the identification cards (such as drivers licenses) will have a gold star or similar marking indicating compliance. Once in effective, identification cards that are not REAL ID-compliant will no longer be accepted for many purposes, including:
Effective May 7th, federal agencies are prohibited from accepting licenses or identification cards that do not meet the standards outlined by the REAL ID Act.
On May 7, Californians will need to have a REAL ID compliant driver's license or identification card in order to board a domestic flight, enter federal facilities, or access military bases. If you do not have a REAL ID, you'll be required to provide another form of identification approved by TSA, such as a valid passport or permanent resident card.
All U.S. citizens will be required to have a REAL ID driver's license or state identification card, for the purposes outlined above. Without a complaint form of ID, citizens will be prevented from accessing federal facilities or flying domestically.
Non-citizens and lawful permanent residents should also make sure that identification cards are compliant for air travel.
If you are overstaying any type of visa or if you are currently under an order of deportation, you could be at risk of detainment, further questioning, or referral to immigration enforcement if you present a non-compliant form of ID or outdated documents at TSA checkpoints. Before doing any kind of travel - especially domestic air travel - make sure that you have a valid form of ID that is compliant with the REAL ID law.
If your form of identification is not complaint with the security standards under the REAL ID act, you will need to visit your local California DMV office to apply for a REAL ID. You will be required to provide the following in order to apply for a REAL ID:
You can avoid last-minute stress and possible delays while traveling if you plan ahead and make sure that you have a compliant form of identification before traveling!
If you are in California and U.S. Immigration and Customs Enforcement (known as ICE) comes knocking or you spot them on the streets, stay calm and know your rights!
Here’s what you need to do to protect yourself and your loved ones:
Learn about potential changes in immigration practices and prepare by keeping all your legal documents organized and up to date. Always consult with a legal expert if you face complications or have questions about your case.
¡Si estás en California y el Servicio de Inmigración y Control de Aduanas de EE. UU. (conocido como ICE) llega a tu puerta o los ves en las calles, mantén la calma y conoce tus derechos!
Aquí tienes lo que debes hacer para protegerte a ti y a tus seres queridos:
Infórmate sobre posibles cambios en las prácticas de inmigración y prepárate manteniendo todos tus documentos legales organizados y actualizados. Consulta siempre con un experto legal si enfrentas complicaciones o tienes preguntas sobre tu caso.