If you’re an immigrant planning to fly domestically from New York City area airports, you need to know that U.S. Immigration and Customs Enforcement (ICE) agents are now deployed throughout LaGuardia, JFK, and Newark airports. According to recent reporting by Gothamist, the deployment has prompted frantic calls to immigration attorneys and advocates from travelers seeking guidance on whether it’s safe to fly, what rights they have, and what precautions they should take.
This development represents a significant change from previous presidential administrations, when travelers without permanent immigration status were often able to fly on domestic flights without incident. The presence of ICE agents at airports creates new risks and raises urgent questions for immigrants and their families.
As Attorney Robert Tsigler explained to Gothamist: “There’s always a risk when you’re undocumented. But the risk is definitely in a much heightened state now with ICE personnel just roaming the airports.”
At the Law Offices of Robert Tsigler, PLLC, named one of the 10 Best Immigration Law Firms by the American Institute of Legal Counsel, we’re receiving similar calls from clients worried about upcoming travel plans. Understanding the current situation and your rights is essential for making informed decisions about whether and how to travel.
Why ICE Agents Are at NYC Airports?
The deployment of ICE agents to airports across the country was announced by President Donald Trump’s “border czar” Tom Homan during a government shutdown that left thousands of Transportation Security Administration (TSA) workers without pay. The official explanation was that ICE agents would help ease security line backlogs by guarding exits, freeing up TSA agents to focus on screening passengers.
However, according to immigration advocates and reporters who observed the deployment at NYC airports, ICE agents don’t appear to be meaningfully assisting with TSA operations. Instead, they’ve been seen standing around terminals, often on their phones, raising questions about their actual purpose at the travel hubs.
Murad Awawdeh of the New York Immigration Coalition told Gothamist: “I don’t believe that their deployment to the airports is anything more than them trying to show that they’re trying to help… and then potentially trying to do more enforcement.”
This uncertainty about ICE’s real purpose at airports is precisely why immigration attorneys are urging caution for travelers who could be at risk of detention or deportation.
Who Is at High Risk of Detention at Airports?
Immigration attorneys across New York are advising certain categories of travelers to seriously reconsider flying domestically while ICE maintains a presence at airports.
Individuals Without Permanent Legal Status
If you are undocumented or have a temporary immigration status that doesn’t provide a pathway to permanent residence, you face an elevated risk. This includes:
- People who entered the United States without inspection
- Individuals who overstayed their visas
- Those with expired or expiring immigration documents
- People with Temporary Protected Status (TPS) or DACA
- Asylum applicants with pending cases
As Attorney Tsigler noted, there’s “always a risk when you’re undocumented,” but that risk is “definitely in a much heightened state now with ICE personnel just roaming the airports.”
Individuals with Pending Criminal Charges
If you have any pending criminal charges – even minor misdemeanors – you may be flagged in law enforcement databases that ICE agents can access. Criminal charges can also make you a priority for immigration enforcement under current policies.
Those with Final Orders of Removal
If you have a final order of removal (deportation order), traveling by air is extremely risky. Even if you’ve been living in the United States under an order of supervision or have been checking in with ICE regularly, encountering ICE agents at an airport could result in immediate detention and deportation.
People with Prior Immigration Violations
Previous immigration violations on your record – including prior deportations, voluntary departures, or immigration court proceedings – can increase your risk of detention even if you currently have some form of legal status.
Others Who May Be at Risk
According to the New York Immigration Coalition, other immigrants who may face detention risk at airports include:
- People whose names appear similar to individuals on immigration watchlists
- Those from countries subject to travel restrictions or enhanced vetting
- Individuals who’ve had prior negative encounters with ICE or CBP
- Family members of people with removal orders
Understanding Your Constitutional Rights at Airports
All people in the United States – regardless of immigration status – have certain constitutional rights. However, the airport environment creates unique complications.
You Have the Right to Remain Silent
You have the Fifth Amendment right to remain silent and not answer questions from law enforcement, including ICE agents. You can state: “I am exercising my right to remain silent and do not wish to answer questions.”
However, as immigration attorneys point out, this right can have practical consequences at airports. Refusing to answer questions or cooperate may result in being barred from boarding your flight, even if you have a valid ticket.
You Have the Right to Refuse Searches
You have the Fourth Amendment right to refuse consent to searches. You can state: “I do not consent to any searches.”
Again, the practical reality is that TSA security screening is mandatory for boarding flights, and refusing required security procedures will prevent you from flying. The question is whether you can refuse additional searches beyond standard TSA screening.
The Intimidation Factor
Allison Cutler, a senior immigration attorney at the New York Legal Assistance Group, told Gothamist that she believes ICE’s presence at airports is a “serious intimidation tactic” designed to create a chilling effect that makes individuals waive their constitutional rights.
“It’s extremely important for our democracy that we refuse as a public and as a whole to waive those rights and normalize this institutional violence against our constitutional rights,” Cutler said.
The challenge for individual travelers is that asserting your rights – while legally valid – may have immediate practical consequences like missing your flight or being subject to additional scrutiny.
Balancing Rights and Practical Realities
This creates a difficult situation where you must weigh:
- Your constitutional right to remain silent or refuse searches
- The practical need to board your flight
- The risk of drawing additional attention from ICE
- Your individual immigration situation and vulnerability
There’s no one-size-fits-all answer. Your decision depends on your specific circumstances and risk tolerance.
Practical Precautions for Immigrant Travelers
If you must fly despite the risks, immigration attorneys and advocates recommend several precautions to protect yourself.
Consult an Immigration Attorney Before Traveling
Given that everyone’s immigration situation is unique, consulting with an experienced immigration attorney before booking flights is essential.
As Rebecca Press, co-executive director of the immigration legal group Co-Counsel, explained to Gothamist: “The choices people make really depend on their individual circumstances. I am not gonna recommend that people do X, Y or Z because it really is an individualized assessment.”
An attorney can evaluate your specific situation, review your immigration history and status, assess your risk level, and help you make an informed decision about whether traveling is advisable.
Turn Off Biometric Security Features on Electronic Devices
Immigration advocates and attorneys strongly recommend that all travelers – citizens and noncitizens alike – turn off biometric security features on phones, tablets, and laptops before arriving at the airport.
Disable:
- Face ID or facial recognition
- Fingerprint unlock
- Iris scanning
- Any other biometric authentication
Why this matters: Federal officers cannot legally compel you to provide passwords (Fifth Amendment protection against self-incrimination), but they can physically use your face or finger to unlock biometric-secured devices. Disabling these features before you arrive at the airport ensures officers cannot easily access your device’s contents.
Use traditional passcodes instead, and do not share them with anyone.
Designate a Temporary Guardian for Your Children
If you’re a parent traveling without your children, immigration attorneys strongly recommend designating a temporary guardian in case you’re detained or deported.
What to do:
- Complete a power of attorney or temporary guardianship document
- Specify who will care for your children if you cannot
- Ensure the designated guardian has copies of important documents
- Leave contact information for your attorney with the guardian
Resources for designating guardians:
- New York Legal Assistance Group hotline: 212-659-6188
- Legal Services NYC: 917-661-4500
- Consult with your immigration attorney
This precaution provides legal protection for your children and ensures they’ll be cared for if something happens to you during travel.
Carry Important Documents
If you decide to travel, carry documents that establish your identity and any legal status you have:
- Valid passport from your country
- Any U.S. immigration documents (work permits, green card, etc.)
- Identification documents
- Contact information for your immigration attorney
However, also be aware that having certain documents could potentially provide information to ICE. Discuss with your attorney what documents are advisable in your specific situation.
Have an Emergency Plan
Before traveling, establish a plan for what will happen if you’re detained:
- Ensure family members know your travel itinerary
- Provide emergency contacts with your attorney’s information
- Make sure someone knows how to access your important documents
- Discuss with your attorney what steps should be taken if you’re detained
Consider Alternative Travel Options
If possible, consider whether you can:
- Delay travel until the ICE presence at airports is reduced
- Use alternative transportation (car, train, bus)
- Have someone else make the trip on your behalf
- Conduct business remotely rather than traveling
While these alternatives may be inconvenient, they eliminate the airport detention risk entirely.
What to Do If You’re Approached by ICE at an Airport
If ICE agents approach you at an airport, how you respond can significantly affect the outcome.
Stay Calm and Polite
Remain calm and respectful, even if you’re frightened or angry. Arguing, resisting, or becoming confrontational will not help your situation and could lead to additional charges.
Ask If You’re Free to Leave
Politely ask: “Am I free to leave?” If they say yes, calmly walk away. If they say no, you are being detained and should immediately invoke your rights.
Invoke Your Rights Clearly
If you’re being detained, clearly state:
- “I am exercising my right to remain silent.”
- “I do not wish to answer any questions.”
- “I want to speak with my attorney.”
- “I do not consent to any searches.”
You must speak these words out loud. Simply remaining silent is not enough – you must affirmatively invoke your rights.
Do Not Sign Anything
Do not sign any documents without first speaking to an immigration attorney. ICE agents may pressure you to sign forms that could waive your right to an immigration hearing or voluntary agree to deportation. These documents can have devastating consequences for your case.
Do Not Provide False Information
Never lie to immigration officers or provide false documents. This can result in additional criminal charges and permanently bar you from future immigration benefits. If you don’t want to answer a question, invoke your right to remain silent instead.
Request to Contact Your Attorney
You have the right to contact your attorney. Clearly state: “I want to call my attorney.” ICE should allow you to make a phone call, though they may monitor the conversation.
If you don’t have an attorney, ask to speak with a consular official from your country’s embassy or consulate.
Document Everything You Can Remember
If you’re detained and later released, immediately write down:
- Names and badge numbers of all ICE agents involved
- Exactly what was said and what happened
- Time and location of the encounter
- Whether you were searched and what was searched
- Any documents you were asked to sign or show
- Names of any witnesses
This information will be crucial for your attorney in defending your case.
Understanding the Difference Between ICE and TSA
It’s important to understand that while both agencies may be present at airports, they have different roles and authorities.
Transportation Security Administration (TSA)
Role: Aviation security screening Authority: Can require security screening of all passengers and baggage Immigration enforcement: TSA agents are not immigration enforcement officers
Standard TSA screening does not typically involve immigration status checks for domestic flights. You generally need only a valid ID to fly domestically (driver’s license, state ID, passport, etc.).
Immigration and Customs Enforcement (ICE)
Role: Immigration enforcement Authority: Can arrest individuals for immigration violations Immigration enforcement: This is their primary mission
ICE agents at airports may:
- Patrol terminals and observe passengers
- Run names through law enforcement databases
- Approach individuals they suspect of immigration violations
- Make arrests based on immigration violations or criminal warrants
The concern is that ICE agents “roaming the airports” (as Attorney Tsigler described it) creates opportunities for immigration enforcement actions that wouldn’t normally occur during standard air travel.
When You Should Absolutely Consult an Attorney Before Flying
While consultation with an immigration attorney is advisable for any immigrant planning to fly, certain situations make legal consultation absolutely essential:
You Have a Final Removal Order
If you have an outstanding removal order, flying is extremely risky. An attorney can advise you on whether:
- You may be eligible to reopen your case
- You qualify for any form of relief from removal
- There are alternatives to air travel for your situation
You’re in Removal Proceedings
If you have pending immigration court proceedings, traveling could complicate your case. Your attorney needs to assess:
- Whether you’re required to obtain permission to travel
- How travel might affect your pending case
- Whether you risk being unable to return for your court dates
You Have Pending Applications
If you have pending applications for asylum, adjustment of status, DACA renewal, or other immigration benefits, traveling could affect your applications. Consult your attorney before making any travel plans.
You’ve Had Prior ICE Encounters
If you’ve had previous encounters with ICE, been detained before, or had prior immigration violations, you need legal counsel to assess your current risk level.
You Have Pending Criminal Charges
Criminal charges dramatically increase immigration enforcement risk. Your attorney needs to evaluate both the criminal and immigration implications of traveling.
You’re Unsure of Your Current Immigration Status
If you don’t fully understand your current immigration status, your attorney can review your situation and explain your level of risk.
The Current Climate for Immigration Enforcement
The deployment of ICE agents to airports is part of a broader enforcement climate that represents a significant departure from previous policies.
Under prior administrations, certain locations were generally considered “sensitive” and ICE avoided enforcement actions at:
- Schools
- Hospitals
- Places of worship
- Courthouses (in some jurisdictions)
Current policies have eliminated most of these protections, leading to ICE enforcement at hospitals, near schools, and at public locations like airports.
This creates an environment where immigrants must be more cautious about when and where they travel, even for essential activities.
Why This Matters Beyond Airports
The presence of ICE at airports has implications beyond just air travel:
Chilling Effect on Community Activity – When immigrants fear encountering ICE at airports, they may avoid family emergencies, medical appointments, business travel, or other important activities.
Separation of Families – The risk of detention while traveling can keep families separated, with immigrants unable to visit sick relatives or attend important family events.
Economic Impact – Businesses lose productivity when employees can’t travel, and the fear of detention affects immigrants’ participation in the economy.
Public Health Concerns – When immigrants avoid travel to medical appointments or avoid seeking care because they fear encountering ICE, public health suffers.
Constitutional Rights Erosion – The normalization of immigration enforcement in everyday public spaces raises broader questions about civil liberties for all Americans.
Resources for Immigrant Travelers
If you need legal assistance or have questions about traveling:
- New York Legal Assistance Group (NYLAG) Hotline: 212-659-6188 Provides immigration legal services and can help with temporary guardianship planning
- Legal Services NYC Phone: 917-661-4500 Offers immigration legal assistance
- New York Immigration Coalition Provides resources and advocacy for immigrant communities
- Office of Immigrant Affairs New York City resource for immigrants seeking information and assistance
- Consulate of Your Home Country If detained, you have the right to contact your consular officials
Frequently Asked Questions
Can ICE arrest me at an airport even if I haven’t committed a crime?
Yes. Immigration violations are civil matters, not criminal. ICE can arrest you for immigration violations even if you haven’t been charged with any crime. Being undocumented, having overstayed a visa, or having a removal order are examples of immigration violations that can lead to arrest.
Do I need to answer questions if ICE approaches me at an airport?
No. You have the right to remain silent. However, refusing to answer may have practical consequences like being denied boarding. This is why it’s so important to consult an attorney before traveling to understand the specific risks and options in your situation.
Can I fly domestically with just my passport from my home country?
Generally yes, for TSA purposes. A foreign passport is an acceptable form of ID for domestic air travel. However, the concern isn’t TSA screening – it’s encountering ICE agents who may question your immigration status after you’ve cleared security.
What if I have DACA or TPS?
While DACA and TPS provide some protection from deportation, they are temporary statuses that can be revoked. The current enforcement climate creates uncertainty even for those with work authorization. Consult an immigration attorney before traveling to understand your specific risk level.
Can ICE access information about my travel plans?
Airlines don’t generally share passenger manifests directly with ICE for domestic flights. However, ICE agents physically present at airports can observe travelers, run names through databases, and approach individuals. The concern is in-person encounters, not advance notification of your travel.
Should I avoid certain airports?
LaGuardia, JFK, and Newark all have confirmed ICE presence. The extent of deployment may vary by day and time. However, since ICE agents have been deployed to airports nationwide, avoiding specific airports may not eliminate risk. The question is whether to avoid air travel entirely, not which specific airport to use.
What if I’m a U.S. citizen traveling with family members who are not?
U.S. citizens generally don’t face immigration enforcement risk. However, if traveling with family members who could be at risk, consider the possibility that they could be detained while you’re not. Have contingency plans in place.
Can I be detained if I’m just picking someone up from the airport?
ICE enforcement can occur anywhere in the airport, including non-secured areas where people pick up passengers. While risk may be lower outside security checkpoints, ICE agents patrol entire terminals.
Get Experienced Legal Guidance
The deployment of ICE agents to NYC airports has created a complex and risky environment for immigrant travelers. The decision about whether to fly – and what precautions to take if you do – requires careful assessment of your individual situation.
At the Law Offices of Robert Tsigler, PLLC, we provide comprehensive immigration legal services to help you navigate these challenging circumstances. Whether you’re planning travel, facing deportation proceedings, or need assistance with any other immigration matter, our experienced team is here to help.
Our knowledgeable team speaks Spanish, Russian, Mandarin, Italian, Hungarian, and more to better serve you during this difficult time. We’re available 24/7 to address urgent situations and provide the guidance you need.
Contact us today for a confidential consultation about your travel plans or any other immigration concerns. Your safety, your rights, and your family’s security are our top priorities.
Don’t take unnecessary risks with your immigration status. Get experienced legal counsel before you travel, so you can make informed decisions based on your unique circumstances. We’re here to help you navigate this uncertain time and protect what matters most – your ability to remain with your family in the United States.
