Overvie
Until the government limits its use of passenger data—the safest advice is simple: If you lack current lawful immigration status, do not fly before an immigration lawyer has reviewed your case.
If you no longer have lawful immigration status and are relying only on a pending application, work permit, or protection from removal, do not board a domestic flight until an immigration lawyer has reviewed your case.
On July 17, ICE detained 18-year-old Russian asylum seeker Alim Garipov at Houston’s Hobby Airport. Garipov had a pending asylum case, but ICE said his authorized stay had expired in 2022. Three days later, plainclothes officers arrested Ecuadorian national Chantal Alejandra Morales Rojas on a jetway at Denver International Airport. Her lawyer said she had a timely filed application and employment authorization; DHS called her a visa overstay.
The cases expose a dangerous misunderstanding: “My case is pending” and “I have a work permit” are not complete answers to whether someone has lawful status—or whether ICE may arrest them.
An April Reuters investigation found that the Transportation Security Administration had supplied ICE with records concerning more than 31,000 travelers for possible immigration enforcement. ICE made more than 800 arrests following TSA referrals through February 2026.
The records came through Secure Flight, a counterterrorism screening program. Reuters could not determine how many arrests occurred inside airports. But the information can tell ICE who is traveling, when, and through which airport. Federal authorities may already possess the itinerary before the traveler reaches the terminal.
For immigrant families, ordinary life often requires flying. Yet government-issued documents can create false security. A work permit authorizes employment; it is not necessarily immigration status. An identification document accepted by TSA proves identity for screening. It does not provide immunity from ICE.
Three groups should be especially cautious.
First are asylum applicants whose tourist, student, or other nonimmigrant status has expired. Filing for asylum preserves the right to seek protection and may permit employment. But USCIS has maintained that a pending asylum application does not itself confer lawful immigration status.
Second are family-based adjustment applicants who overstayed before filing for a green card. A visitor who marries a U.S. citizen may properly file an I-130 petition and I-485 application and receive a work permit. But USCIS states that a pending adjustment application does not itself place the applicant in lawful immigration status.
Risk may be greater where there is an old removal order, missed hearing, prior denial or unresolved court case. Eligibility for a future green card is not always the same as lawful status today.
The third group includes people granted withholding of removal or protection under the Convention Against Torture. These protections generally prevent removal to the country where persecution or torture is likely. They do not necessarily erase the underlying removal order, create permanent status or prohibit detention.
Sister Leticia “Letty” Ugboaja made that danger visible. ICE did not find her at an airport. Agents detained the Nigerian Catholic nun and registered nurse on June 28 while she walked one block to Sunday Mass in McAllen, Texas.
An immigration judge denied her asylum application but protected her from removal after finding she likely faced torture in Nigeria. Her lawyer said she had complied with every requirement and held work authorization. ICE detained her anyway and reportedly considered removing her to a third country. She was released that day after parish officials and members of Congress intervened.
Sister Letty’s case shows that no public place is automatically safe. Airports add a distinct danger: The government may know precisely where and when a vulnerable person will appear.
Someone maintaining valid H-1B, F-1, L-1 or another status is differently situated from someone whose status expired years ago. But travelers should not judge their risk based only on a USCIS receipt notice, online case status or work permit. Counsel should determine whether the traveler has lawful status, a final removal order, an effective stay, an open court case or ICE reporting obligations.
Airport screening was created to protect aviation, not to turn domestic itineraries into immigration-enforcement leads. Repurposing passenger data for routine civil arrests creates a two-tier system of travel: Some families can fly to a wedding or funeral without fear; others may risk detention simply by making a reservation.
A pending application may preserve a path to lawful status. It does not necessarily restore an expired status, cancel a removal order or prevent ICE detention.
Until immigrants understand that distinction—and until the government limits its use of passenger data—the safest advice is simple: If you lack current lawful immigration status, do not fly before an immigration lawyer has reviewed your case.
Richard T. Herman is a United States immigration lawyer with more than 30 years of experience and the founder of the Herman Legal Group. He is the co-author of Immigrant, Inc., and writes frequently about family-based immigration.
