For years, the risky part of immigration travel was crossing the border. In 2026, an ordinary domestic flight, a Greyhound ride, or a traffic stop on the interstate can put a non-citizen in front of an immigration officer. TSA now shares domestic passenger data with ICE, facial recognition is expanding at airports, and several states have passed laws that can turn a routine police encounter into an immigration check. None of this means you cannot travel. It means you should not travel uninformed. This guide combines the advice we give our own clients: green card holders, visa holders, and undocumented immigrants alike.

The airport is no longer immigration-neutral: TSA shares your data with ICE

When you book a domestic flight, your airline must transmit your Secure Flight data (full name, date of birth, sex, and itinerary) to TSA before the plane leaves the gate (49 C.F.R. part 1560). Government records disclosed in 2026 confirm that TSA has been passing this passenger information to ICE since May 2025. Through February 2026, records on more than 31,000 travelers were shared, producing over 800 airport arrests. ICE cross-references passenger lists against its databases, including final orders of removal, and sends officers to meet specific flights. Agents are already present at many airports.

Who is most exposed? Anyone with a final or pending order of removal, an outstanding warrant, or a criminal history. If any of those describes you, do not book a domestic flight before speaking with your immigration attorney, because the arrest happens at the gate, not in a courtroom where your lawyer can protect you.

Facial recognition: you can opt out on domestic flights

DHS is consolidating the biometric databases of TSA, ICE, CBP, and USCIS, including facial recognition images, into a single platform, and TSA is expanding facial recognition to 65 airports in 2026. For domestic flights you currently retain the right to decline the scan. Say: “I am opting out of facial recognition. I would like manual ID verification.” If the agent refuses, ask for a supervisor. TSA may not deny you boarding for opting out. Be aware that facial images captured earlier, for example at a lawful entry, may remain in government systems even after you opt out at the checkpoint.

Buses and trains: the 100-mile border zone

Federal law lets Border Patrol board and search vehicles “within a reasonable distance from any external boundary” without a warrant (INA § 287(a)(3), 8 U.S.C. § 1357(a)(3)), and regulation sets that distance at 100 air miles (8 C.F.R. § 287.1(a)(2)). Because coastlines count as borders, the zone reaches roughly two-thirds of the U.S. population. It covers all of Florida and Michigan, most of New England, and large parts of California, Arizona, New Mexico, and Texas. Agents may ask about your immigration status. You have the right to remain silent, but on a bus or train, refusing to answer can lead to being asked to step off for further questioning. Weigh that trade-off honestly before choosing ground transit through these corridors.

High-risk states

Some states, Alabama, Texas, and Florida among them, have enacted laws that add state officers to the immigration-enforcement picture, so a broken taillight can end in an immigration hold. If anything about your situation is unresolved (a pending case, an old conviction, an expired document), talk to your attorney before driving through a high-risk state, because the safest route is sometimes a different route.

If you hold a green card

Carry the card itself. Federal law requires every lawful permanent resident age 18 or older to carry the green card (Form I-551) at all times and present it on demand to an immigration officer; failing to carry it is a federal misdemeanor punishable by a fine of up to $100 or up to 30 days in jail (INA § 264(e), 8 U.S.C. § 1304(e)). The good news: your green card is a TSA-accepted identity document, so you do not need a REAL ID license to fly domestically. Carry a secondary ID (REAL ID or enhanced license, or your foreign passport) and your attorney’s phone number written on paper, not just stored in your phone.

A green card is not immunity. An old DUI, a misdemeanor, or a plea bargain that seemed harmless at the time can make a permanent resident removable (INA § 237(a)(2), 8 U.S.C. § 1227(a)(2)). The Supreme Court has recognized that criminal defense decisions carry immigration consequences serious enough that defendants are entitled to accurate immigration advice before pleading (Padilla v. Kentucky, 559 U.S. 356 (2010)). Never accept any plea without first consulting an immigration attorney, and if you have any criminal history or a pending removal matter, do not fly before getting advice. Our removal defense and appeals FAQ explains what is at stake.

If you hold a nonimmigrant visa (H-1B, F-1, TN, E-2, and others)

When flying, carry your passport, a printout of your current I-94, and your I-797 approval notice. A valid foreign passport is TSA-accepted identification even without a current visa stamp. The I-94 and I-797 are not TSA identity documents, but they are how you prove lawful status, and non-citizens 18 and older must carry evidence of registration at all times (INA § 264(e), 8 U.S.C. § 1304(e); 8 C.F.R. § 264.1(b), which lists the I-94 among registration documents). F-1 and J-1 students should also carry the Form I-20 or DS-2019. TSA also accepts a green card, an Employment Authorization Document (Form I-766), a REAL ID, or an Enhanced ID. A standard driver’s license marked “Federal Limits Apply” is no longer accepted for domestic flights. Keep digital or physical copies of everything in case originals are taken.

Your number-one risk is an expired I-94. The I-94, not the visa stamp in your passport, controls how long you may stay (8 C.F.R. § 214.1). Check your date at i94.cbp.dhs.gov before booking anything. People fall out of status without realizing it: changing employers before an H-1B transfer petition is properly in place, dropping below full-time enrollment as an F-1 student (8 C.F.R. § 214.2(f)(6)), working outside authorized employment, staying past the I-94 date while the visa stamp still looks valid, or relying on a pending extension or change-of-status application after the I-94 has already expired, which is authorized stay rather than status. If your I-94 shows D/S (duration of status), you remain admitted while you follow your program’s rules, but note that DHS has published a final rule replacing D/S with fixed admission periods for F and J nonimmigrants effective September 15, 2026 (91 FR 44976), so this framework is changing. A DUI or drug charge can trigger removal proceedings even with a valid visa and I-94 (INA § 237(a)(2)). If any of this is murky in your case, get advice before you fly.

If you are undocumented

Domestic travel has become genuinely riskier: flights, buses, trains, and even short drives can cross paths with immigration enforcement. That does not make every trip impossible, but it makes every trip a decision to be made with your attorney, because the cost of guessing wrong is detention. If you decide to fly, expect the possibility of additional screening from TSA, CBP, or other officers.

Before any trip, take these steps:

  • Speak with your immigration attorney about the specific trip;
  • Send a trusted person your travel plans and your attorney’s phone number;
  • Designate someone to care for your children in case you are detained;
  • Write down and memorize your attorney’s number, since you may lose access to your phone;
  • Carry physical copies of documents showing pending applications or prior filings;
  • Secure your electronic devices before you travel.

If you are questioned, you have the right to remain silent about your status and the right to speak with a lawyer. Do not sign anything you do not understand. If a past problem (an old order, a missed hearing, a denied application) is what worries you, some of it may be fixable; our waivers FAQ and removal defense FAQ cover the main options.

The bottom line

Whether to travel is your decision. Our job is to make sure you make it with full information, because almost every airport arrest we read about had warning signs a lawyer would have caught: an old order, an expired I-94, a conviction nobody re-examined. If you are unsure what a domestic trip means for your status, book a consultation before you book the ticket. A short conversation costs far less than a detention.

This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Immigration enforcement policy is changing quickly; the facts above are current as of publication. Consult a licensed immigration attorney about your specific situation.