The deployment of U.S. Immigration and Customs Enforcement agents to airports across the region and country is prompting frantic calls to immigration advocates and lawyers from travelers seeking guidance on how to proceed.
The immigrant callers seek information about what scrutiny they should expect, what their rights are and whether they should fly at all, according to the advocates and attorneys. The deployment comes amid a shortage of Transportation Security Administration agents, who have been working without pay during a partial government shutdown.
It also comes as the Trump administration is 15 months into a nationwide crackdown on both legal and unauthorized immigration. ICE agents have been sent to airports across the New York City region, including LaGuardia, JFK and Newark airports. Federal officials have said ICE agents will be in charge of crowd control and guarding exits, but Gothamist found the agents haven’t eased security lines in any meaningful way.
Under previous presidential administrations, travelers without permanent immigration status were often able to fly on domestic flights without incident, according to immigration lawyers. But under President Donald Trump’s administration, ICE arrests at airports have surged, even before the recent deployment.
”There’s always a risk when you’re undocumented,” said Robert Tsigler, a New York City-based immigration attorney. “But the risk is definitely in a much heightened state now with ICE personnel just roaming the airports.”
Here’s what air travelers need to know even before heading to the airport.
Change your travel plans if you’re at high risk of detention
Travelers at high risk of detention should reconsider flying, according to immigration attorneys. That includes individuals without permanent legal status, with pending criminal charges, and those with final orders of removal.
The statewide nonprofit New York Immigration Coalition says other immigrants may also be at risk of detention at airports. This includes recipients of Deferred Action for Childhood Arrivals, individuals with pending immigration applications, green card holders who have had certain criminal convictions or have other risk factors, such as engaging in targeted political activity, including pro-Palestinian activism.
Other individuals at risk, according to the coalition, may include those who have had any contact with the criminal legal system — even if their case was dropped — and those with temporary legal status that the government has revoked or will soon revoke, such as Temporary Protected Status or parole.
The coalition recommends that immigrants check in advance to see if they have a deportation order by calling the hotline for the Executive Office of Immigration Review, which oversees the country’s immigration courts, at 800-898-7180.
“We have to make sure that we’re taking the precautions that we need to protect ourselves, our families, and our communities,” said Murad Awawdeh, president and CEO of the New York Immigration Coalition. “And if this is a trip that can be delayed, delay it. It’s not worth your freedom.”
Know your rights and protections
All travelers should be aware of their basic constitutional rights and protections when interacting with law enforcement, whether at the airport or anywhere else. Even U.S. citizens can be stopped, detained, interrogated and even arrested by federal immigration officers.
Travelers in airports, as is the case elsewhere, have the right to refuse to answer questions or consent to searches, said Allison Cutler, a senior immigration attorney at the New York Legal Assistance Group. But some attorneys noted that such refusals can be used to bar the traveler from boarding their flight.
Cutler said she believes ICE’s presence at airports is a “serious intimidation tactic” to create a chilling effect for individuals to start waiving their constitutional rights.
“It’s extremely important for our democracy that we refuse as, as a public and as a whole, to waive those rights and normalize this institutional violence against our constitutional rights,” Cutler said.
Consider securing your phone
All travelers, citizens and noncitizens alike, should turn off biometric security features on electronic devices, such as Face ID and fingerprint passwords, to prevent federal officers from easily gaining access, immigrant advocates and attorneys said. They also recommend removing sensitive information from phones, such as privileged confidential legal information, in case devices are searched.
Travelers who refuse permission for federal agents to search their devices may still have their devices confiscated, the experts said. Whether the federal government is legally allowed to do so remains a contested legal issue, according to the American Civil Liberties Union.
Civil rights and immigration lawyers have claimed they were targeted for detention or searches at airports in recent months. Michigan attorney Amir Makled said border agents pressured him to search his cellphone when he returned from a family vacation abroad last year. He has said he believes he was targeted because he represented a pro-Palestinian student protester.
Customs and Border Protection Assistant Commissioner Hilton Beckham denied Makled’s account, saying the attorney was flagged for a routine secondary inspection, and that “all actions were conducted in accordance with established protocols.”
“Claims that this was an attack on his profession or were politically motivated are baseless,” Beckham said in a statement. “Our officers are following the law, not agendas.”
In a federal lawsuit filed in October, Massachusetts immigration attorney Andrew Lattarulo claimed he was targeted at Boston’s Logan Airport when federal agents confiscated his business cellphone as he was returning from Aruba.
Bring physical copies of important documents
Travelers should bring physical copies of important documents with them to airports, the New York City Mayor’s Office of Immigrant Affairs recommends. That includes proof of lawful immigration status — such as a visa, green card, work permit, or receipts for any pending applications. Also, certified copies of criminal court orders, if a criminal case has been closed.
Tsigler, the immigration attorney, said ICE officers should be able to access this information on their own, but having physical copies of these documents should help expedite matters.
Consult an immigration lawyer
Noncitizen travelers worried about potential ICE arrest at airports should consult an immigration attorney before traveling, according to the advocates. They note everyone’s immigration situation is unique and may require different precautions.
“ The choices people make really depend on their individual circumstances,” said Rebecca Press, co-executive director of the immigration legal group Co-Counsel. “ I am not gonna recommend that people do X, Y or Z because it really is an individualized assessment.”
Attorneys also recommend that immigrant parents worried about ICE arrest consider designating a temporary guardian for their children in case they are detained or deported.
Parents interested in doing so can consult an immigration attorney, call the New York Legal Assistance Group’s hotline at 212-659-6188, or call Legal Services NYC at 917-661-4500, among other immigration legal assistance groups.
