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ICE and Air Travel - What You Need to Know

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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.

Why are airports considered high-risk for immigrants?

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.

What types of law enforcement officers might I encounter at U.S. airports?

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)

What documents should I carry while at the airport?

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.

Can ICE arrest someone at the airport?

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).

Can officers question me at the airport?

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).

Do I have the right to remain silent?

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.

Can officers search my luggage without a warrant?

Yes. At airports and border zones, officers can search your belongings without a warrant or suspicion.

Can they search my phone or laptop?

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.

What is “secondary inspection”?

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.

Can I be detained at the airport?

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?”.

Do I have the right to an attorney at the airport?

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.

Should I sign the documents given to me?

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.

Do my rights depend on my immigration status?

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

Who is most at risk at airports?

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).

What if I wear a religious head covering and am selected for additional screening?

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.

What should I do before traveling?


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

What is the most important takeaway?

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.

Should I speak to an immigration attorney before traveling?

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.

Serving Clients Throughout the 
San Francisco Bay Area & Worldwide

The Law Office of Spojmie Nasiri, PC
6200 Stoneridge Mall Road, Suite 300
Pleasanton, CA 94588

931 10th Street, Suite L
Modesto, CA 95354

Se Habla Español
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