By now, I'm sure you've heard reports about ICE detaining asylum seekers and other non-citizens at airports during domestic travel. According to one DHS official, "ICE is now making between 20 and 40 arrests per day at airports nationwide." That's up from "fewer than 10 airport arrests per day in May 2025." However, since we don't have data on the number of undocumented or otherwise vulnerable people who travel by air, it is difficult to know the likelihood that any one person will be detained. Nevertheless, given the uptick in arrests, most attorneys--including me--recommend that asylum seekers and certain other non-citizens avoid domestic air travel.

Today, we'll talk about which travelers face a risk of detention, and whether there is anything you can do to protect yourself.
Before we discuss who is at risk, let's talk about who is not at risk. There are a number of categories of non-citizen who should not be in danger of ICE detention at the airport (or elsewhere). Green Card holders should be safe, unless they have criminal issues or immigration violations. AILA, the American Immigration Lawyers Association, has a helpful flyer for Green Card holders, which explains what documents to carry during travel, and the risks faced by Green Card holders with criminal or immigration issues.

Another group that should be safe from detention is people with valid non-immigrant visas who are still "in status" (again, assuming they do not have criminal issues or immigration violations). This includes individuals with tourist visas, work visas, and student visas. If you have a non-immigrant visa and want to check whether you are still in lawful status, you can do that here. Also, AILA has an informative flyer for visa holders who are in lawful non-immigrant status and who plan to travel domestically.

Asylees (people granted asylum) and refugees should also be safe from detention at the airport (assuming, as usual, that they have no criminal or immigration problems). I have not heard about any asylees or refugees having trouble at the airport, but USCIS has been targeting some refugees for additional vetting. While that does not seem to have impacted refugees traveling domestically, at least not yet, given the Administration's re-vetting efforts, it would be a good idea for refugees (and asylees) to have access to their full cases and to have a plan in place in the event that they encounter ICE. Travel for people in this category currently seems safe, but that could change, and it is important to keep an eye on the news or talk with a lawyer before traveling.

Other categories of people are--very unfortunately--not safe traveling by air domestically. This includes individuals who have been granted certain types of humanitarian protection and people who are lawfully present with a pending application for status.

People who have been granted Withholding of Removal (WOR) or protection under the Convention Against Torture (CAT) are being targeted for detention at the airport. By definition, WOR and CAT grantees have been ordered deported, but the deportation has been "withheld" as to the country where they fear harm. This means that the government cannot deport you to your home country, but it can deport you to a third country. In the past, this rarely happened, but lately, the government has been sending such people to third countries in increasing numbers, and we have been hearing reports about airport arrests for non-citizens with WOR and CAT. AILA has been tracking such arrests, and while the information is anecdotal (incidents are reported by AILA members), I think it is credible. One report describes an individual with WOR who entered with a visa and had a valid work permit, and who was detained at BWI airport in Maryland. Another person with WOR was detained at an airport in Louisiana. Neither individual had a criminal record.

Non-citizens who have pending applications for asylum, residency (a Green Card) or a new non-immigrant visa status have also been targeted. AILA has received several reports of ICE detaining people at the airport where the person entered the U.S. lawfully, applied for asylum before their period of stay ended, and had no criminal record. These include a report about a family traveling with children through the Indianapolis airport (ICE only detained one parent "for the sake of the children" - how magnanimous!), two affirmative asylum seekers detained at Logan Airport in Boston, and another affirmative asylum seeker arrested at JFK Airport in New York. There are also reports of ICE detaining two asylum seekers with pending BIA appeals at O'Hare Airport in Chicago.

If you are in one of these vulnerable categories, AILA has a flyer with more information, but it is clearly safer to avoid domestic air travel. If you must travel by plane, make sure you have access to all your documents and receipts, have a plan in place with family or friends, and carry contact information for your lawyer. People who entered the U.S. legally are generally eligible for release on a bond from an Immigration Judge. Those who entered the U.S. without a visa are subject to mandatory detention and can usually only be released after filing a habeas corpus petition with a federal judge. Either way, detained immigrants can expect to wait days or weeks (or longer) before being released, and to pay thousands or tens of thousands of dollars for a bond. You might also be forced to present your asylum (or other) application while you are detained. For that reason, it is best to have your case ready and to have a lawyer available who can assist you.

The new push to detain non-citizens at the airport is part of the Trump Administration's larger plan to make life unbearable for immigrants in the United States, including immigrants who are trying to "do it the right way." We can hope that this inhumane effort will soon end, but until then, vulnerable non-citizens face a real risk of detention whenever they go to an airport.

Originally posted on the Asylumist: www.Asylumist.com