Stepped up immigration enforcement means that all noncitizens are at greater risk of detention and deportation, especially when they travel.  Therefore, it is important to know your risk factors, your rights, and your best methods for avoiding trouble.

Green Card holders with a criminal history (even DUI), outstanding warrant, or any status issues are vulnerable to removal proceedings; more so in high-risk states such as Alabama, Texas, and Florida, which allow immigration-related arrests during a routine traffic stop.  If you have any risk factors, do not travel without speaking to your attorney. The law requires you to carry your Green Card at all times, and it is TSA-accepted  identification at airports.  

Visa holders who are out of status, traveling by air, or traveling in high-risk states face the greatest danger.  The date on your I-94 controls how long you are allowed to stay and states your visa category. Check the expiration date online at i94.cbp.dhs.gov.  If it has passed, if you have violated your status for any reason, or if you have a removal order do not fly or travel to another state without consulting your attorney.  All visa holders should carry a printed copy of their I-94; those flying, passport and I-797 Approval notice as well.  F-1 and J-1 students should also carry Form I-20 or DS-2019.

For undocumented individuals, flying, traveling by bus or train and driving in high-risk states present great dangers, especially within 100 miles of any U.S. Border. There have been numerous reports of detentions at airports, even for domestic travel. Some factors increase the risk, so be sure to talk to your immigration attorney to plan the best course of action.  Designate someone to care for your children if you are detained, memorize your attorney’s number and leave it and your planned travel route with a trusted friend.   Bring paper copies of any immigration documents showing lawful status or pending applications; and, if you are flying, secure your electronic devices.

All noncitizens stopped, questioned or detained by immigration personnel should avoid arguing or resisting, and do their best to remain calm.  Present your passport if requested, though there is no requirement to disclose your visa category, and ask to speak to an attorney.  Exercise your right to remain silent otherwise and to opt out of facial recognition scanning, and do not sign any form before speaking with a lawyer. 

Feel free to contact us for Travel Advisory pdfs with additional details.  In the current immigration climate, travel can be hazardous, so do not hesitate to consult your immigration attorney as you plan your trip.