This week, Immigration and Customs Enforcement (ICE) agents have been deployed to multiple U.S. airports around the country. The Administration has officially stated that the purpose of the ICE presence at U.S. airports is to help ease long security lines caused by TSA staffing issues due to the current shutdown of the Department of Homeland Security (DHS). However, recent news reports have indicated that ICE agents have been checking ID documentation for passengers before they enter TSA security lines.
Documentation to carry for domestic or international travel
- If you have domestic or international air travel plans, we recommend that you carry proof of your lawful status in the U.S.
- Lawful permanent residents should carry their permanent resident card (i.e., green card)
- U.S. citizens should carry their valid REAL ID, U.S. passport, birth certificate and/or naturalization certificate.
- Temporary visa holders, such as those in the U.S. on H-1B, L-1, TN, B-1/B-2, O-1, F-1, or E-2/E-3 visas, should carry their valid passport, visa stamp and I-94 record as evidence of your nonimmigrant (i.e., temporary visa) status.
- Foreign students on an F-1 visa should also carry their valid and endorsed Form I-20 form authorizing current enrollment and travel, as well as their Employment Authorization Document (EAD), if applicable.
We recommend that individuals in the U.S. pursuant to a pending application or uncertain status, such as an I-485 adjustment of status application, or asylum, TPS, DACA, or humanitarian parole, postpone any non-urgent domestic or international travel plans, unless they have a valid underlying nonimmigrant (temporary visa) status in the U.S. We recommend consulting with the immigration attorneys in our office before traveling to assess risk and prepare accordingly.
Other important reminders:
- Remain calm and do not volunteer additional information beyond what is required.
- You may ask: “Am I free to leave?”
- If questioned, you have the right to remain silent.
- Do not sign any documents without speaking to an attorney
So far, ICE agents have not been present at the Seattle-Tacoma International Airport (Sea-Tac) since the Port of Seattle is helping cover TSA staffing and providing meals to TSA employees during the shutdown.
Please contact the immigration group at Ryan Swanson prior to your travel if you have any questions about your specific situation.
