Is It Safe for Noncitizens to Travel Within the United States?
Many people travel within the United States for their summer vacations. Whether visiting a National Park, a beach, or a theme park, all those who live in the U.S. enjoy getting out, seeing things they have not seen before, and soaking up the sunshine after a long winter. Noncitizens also enjoy summer travel, but many are now wondering whether it is safe for them to travel within the United States, considering the immigration changes we have seen over the past few months.
Summer vacations are looked forward to by all, but a person without lawful immigration status faces certain risks. If you are not lawfully in the U.S., you risk being detained, placed in removal proceedings, or removed from the country if there is an outstanding order of removal. The level of risk you may face when traveling during the summer months will depend on your individual situation. It can be extremely beneficial to speak to an experienced Falls Church, VA immigration attorney.
Where Are the Riskiest Places to Visit?
Traveling anywhere within 100 miles of the United States' external border is probably not a good idea, especially in states that are seriously cracking down on undocumented immigration, like Florida and Texas. Georgia, Iowa, and West Virginia also have strict policies regarding the cooperation of local law enforcement with ICE. Michigan and Maine lie entirely within this border zone.
If you do not have a driver’s license or a Temporary Driver’s License (TVDL), crossing any state line is probably not a good idea. Each state decides whether it will accept a TVDL, and a plane cannot be boarded with a TVDL. Virginia offers a "driver privilege card" for noncitizens.
Oregon, Illinois, California, New Jersey, and Washington offer stronger protection than many other states. New York and Rhode Island also tend to be friendlier to noncitizens with sanctuary policies that limit, at least to some extent, local police involvement with ICE raids.
Should You Fly to Your Destination?
Flying anywhere in the United States may not be the best idea for noncitizens in our current political climate. Typically, undocumented individuals could use a state-issued driver’s license or state photo ID card, a foreign passport, a USCIS Employment Authorization Card, a Native American tribal ID card, a military ID, or a border crossing card to get on a domestic flight.
If you are undocumented, being in any airport right now could be risky, so it might be better to avoid airports. As of May 7, 2025, those boarding domestic flights or entering a federal facility will need to provide a REAL ID. If you do decide to board a domestic flight, remember the following:
- Have your ID ready, and make sure your flight details exactly match your ID.
- If your phone requires a password or numerical passcode to unlock, you do not have to unlock it for law enforcement. If your phone only requires a fingerprint or face scan, law enforcement is allowed to hold the phone to your face or place your finger on it to unlock it.
- Have a "safety plan" in place in case you are stopped by DHS. Ensure that at least two people have access to your important documents, phone numbers of trusted family and friends, and contact information for your immigration attorney.
What About Buses and Trains?
There have been reports of Border Patrol agents conducting immigration checks without warrants on buses and trains (Greyhound and Amtrak). Although ICE has stated that its agents are prohibited from boarding buses and trains and questioning passengers without a warrant, there are also reports of this happening. If you or someone you are traveling with has any criminal charges pending, it would be wise to avoid all travel.
Contact a Prince William County, VA Immigration Lawyer
If you are concerned about traveling this summer, speak to a skilled Fairfax, VA immigration attorney from The Estevez Group, PC. Attorney Estevez helps those in crisis, is highly experienced, available 24/7, and is fluent in Portuguese and Spanish. To schedule your free consultation, call 703-202-1660.
