How to avoid trouble with ICE upon return whether or not you are a citizen
National Immigration Law Center
We should all be able to travel to visit our loved ones and explore new places. But right now, the Department of Homeland Security (DHS) is going after immigrants in new and harmful ways. Traveling through U.S. airports can be risky, even if you have active or pending legal immigration status and/or have traveled without issues in the past. That’s why it’s more important than ever to know your rights and how to prepare for risks as you travel.
This resource gives travel safety
tips and other resources on how to understand the
risks and prepare yourself and your family.
Disclaimer: This resource provides general information.
It is not legal advice specific to your situation. We recommend that community
members exercise caution and speak to an immigration lawyer about their
individual cases.
What’s Happening
The Transportation Security Administration (TSA), the government agency that handles airport security, is giving passenger information to Immigration and Customs Enforcement (ICE). This means people who don’t have legal immigration status or whose status is uncertain could be arrested or deported when they go through airport security in the United States.
- How
does it happen? A few times each week, TSA sends
ICE lists of people flying through U.S. airports. These lists
include names,
photos, and other details. ICE checks these lists against its own
records. If ICE finds someone they want to target, they can send officers
to arrest that person at the airport.
- Isn’t
my private information protected? Normally,
government agencies have rules
about sharing private information. But TSA and ICE are both part of
the same department – the Department of Homeland Security – so those rules
don’t apply here.
- Is
ICE already arresting people at airports? Yes. The New
York Times reported on
December 12, 2025, that TSA is sharing this information with ICE. Before
that, there were already reports of ICE arrests at airports. For example,
on November 20, ICE arrested college student Ana
Luccía López Belloza at Boston’s Logan Airport while she was
waiting to board a flight to visit family for Thanksgiving. She had an old
deportation order, though she didn’t know it.
Who Is at Risk of Arrest by ICE
at U.S. Airports?
If you are undocumented or have temporary
immigration status, there is a significant risk of arrest
at a U.S. airport. People with deportation orders face a
particularly high risk. All non-citizens face some risk, especially
people whose status is uncertain or who have risk factors we will describe
here. Here is more information to help you understand your
risk:
- Old
deportation orders: If you have an old deportation order on
your record, you are at high risk of arrest. This is true even if you
didn’t know you had an old deportation order or if the order is from when
you were a child. It is also true if your deportation order is from an
expedited deportation process.
- How do
you check if you have a deportation order? If the
government ever gave you paperwork with
an “alien registration” number (A-number), you can check online
using the Executive Office for Immigration Review (EOIR) website or by calling
this hotline: 1-800-898-7180.
- Legal
status that the government revoked (or will
soon revoke): You are at high risk of arrest if
you had temporary legal status, but the government
has terminated, or ended, that
status, including Temporary Protected
Status (TPS). This includes people who entered the
United States on parole, but that parole status
has expired or the government has ended the parole
program. The most common examples are people who entered
through the Cuban, Haitian, Nicaraguan, and Venezuelan (CHNV)
process, Uniting for Ukraine (U4U), and CBP One
program. The government also recently announced
that it is ending
several family reunification parole programs on January
14, 2026 for people from Colombia, Cuba, Ecuador, El
Salvador, Guatemala, Haiti, and Honduras.
- Pending
applications: ICE is arresting and detaining people even if they
have submitted an application for immigration status in the United States.
This means you may be at risk of arrest at an airport even if you have
applied for asylum, a green card (lawful permanent residence), or other
types of permanent protection. This also includes applications to change
or extend your status while in the United States.
- Any
criminal history: If you are not a U.S. citizen and have had any
criminal arrests (even if the case was dropped), immigration officers may
try to arrest you.
- Immigration
law counts some things as “convictions” even if you were told your case
was closed or your guilty plea was withdrawn. It is best to have an
immigration attorney with experience in deportation cases review your
file to be sure.
- Green
card holders: Immigration officers can still arrest green card
holders if they have certain criminal convictions (even minor
ones) or other risk factors. Please review
our resource on this topic to assess your risk.
- DACA
holders and other people with Deferred Action: ICE has
detained a number of people with Deferred Action for Certain
Childhood Arrivals (DACA) status. Traveling through an airport
can be risky, even if you have DACA or another form of Deferred
Action. For the latest information on DACA, please review this Home is Here resource.
Travel Safety Tips
- Know your
rights at the airport.
- Be
ready for extra screenings or questions from TSA, Customs
and Border Protection or other immigration
law officers.
- The
ACLU has a
resource that describes what may happen and explains your rights
if questioned, and Just Futures Law has additional tips
and suggestions.
- Bring physical
copies of important documents, including:
- Proof
of lawful status or any pending applications
- Certified
copies of criminal court orders, if your case was
closed.
- Secure
your devices (phones, laptops, etc.).
- If
you are traveling with a cell phone or other device, take
steps to make it less likely law enforcement
will search that device. For example, we recommend you
print your ticket so you don’t need to open your
phone when you board the plane. You should also sign out
of your email accounts.
- You
can find more detailed tips from Freedom
of the Press Foundation and from Just Futures
Law.
- Make
a safety plan – just in case.
- Memorize phone
numbers for a lawyer and at least one loved
one who can be on-call in case you need help.
- If
you are arrested and detained, ICE will not share information about your
case with anyone unless you have signed this specific privacy waiver
form. Consider signing one or more of these forms and
leaving them with a loved one in case you are detained.
- Special consideration
for parents:
- ICE
has a policy that says that parents
in detention have the right to make decisions about what
happens to their children. However, ICE doesn’t always follow its
own policies.
- One
way to protect your children is to set up temporary guardianships so that
a trusted adult or friend can take care of them if you are detained. This
resource from the Children Thrive Action Network has helpful
information: “Staying
Whole: A Love Letter to Immigrant Parents.”
For more resources, please visit our Resource Library.

