The deployment of ICE agents to airports across the country to assist the understaffed Transportation Security Administration (TSA) has hit the panic button for many as they fear airports will become grounds for violence by ICE.
Immigration officials have requested TSA assistance at airports to ease long lines due to a shutdown of DHS funding, and they are not supposed to do their usual immigration enforcement work, but immigration experts are advising people to be safe. Indian-origin immigration lawyer Saimithra Reddy released a video about ICE deployment at airports and said that she did not intend to spread fear but to educate people because ICE has more discretion and they can question anyone about proof of their residency.
Avoid traveling if
Reddy said people who are in the gray zone and whose eligibility has not been clearly defined should avoid travel now
- If your application is pending before USCIS
- If you have any type of criminal or arrest history
- If your visa has been canceled or has expired
- If you are under any temporary status such as TPS, parole, or DACA
- If you have a 60-day grace period to obtain an H-1B visa
If you hold a valid visa
- Get proof of that visa, whether it’s your passport bearing the visa stamp or an official notice of approval.
- Carry your physical EAD card with you
ICE has great power and can ask questions of anyone including legal permanent residents and US citizens about their legal status and request documents to prove their legal status, Reddy said, adding that if a person refuses to comply with their demands and questions, they can pull those individuals aside for further examination or questioning and can detain them.
List of airport agents that have ICE deployed
- Chicago O’Hare International Airport (ORD)
- Cleveland Hopkins International Airport (CLE)
- Hartsfield-Jackson Atlanta International Airport (ATL)
- Houston William P. Hobby Airport (HOU)
- John F. Kennedy International Airport (JFK)
- LaGuardia Airport in New York (LGA)
- Louis Armstrong New Orleans International Airport (MSY)
- Luis Muñoz Marin International Airport in Puerto Rico (SJU)
- Newark Liberty International Airport (EWR)
- Philadelphia International Airport (PHL)
- Phoenix Sky Harbor International Airport (PHX)
- Pittsburgh International Airport (PIT)
- Southwest Florida International Airport (RSW)
American citizens have the right to remain silent
Legal experts said American citizens have the right to remain silent when questioned by law enforcement, including ICE agents, beyond basic identification in certain contexts. Lawful permanent residents and visa holders also have significant rights at airports, although their situation is more complex, they said. Noncitizens, especially those without legal status, may face broader interrogation from ICE. However, they still have basic rights: the right to remain silent, the right to refuse to consent to a search of their personal belongings in some circumstances, and the right to have a lawyer if detained.
