People living in the on visas are being urged to think twice before booking even a domestic flight. Immigration lawyers say they are seeing a growing number of airport detentions involving people whose visas have expired but who have already applied for an extension, adjustment of status or asylum.
According to the attorneys, cases have been reported at airports in California, Colorado, Florida, Illinois, Kansas, Michigan, New Jersey, Texas and Virginia. They say some of those detained had no criminal record and were carrying documents that, until recently, would generally have allowed them to stay in the US while their applications were pending.
Why lawyers are warning visa holders?
Immigration attorney wrote on LinkedIn that the recent increase in airport detentions has become a serious concern. He said some of the people taken into custody did not have criminal records and were carrying work authorization or advance parole documents.
Khanna advised people to speak with their immigration lawyers before travelling, keep all important paperwork with them and be ready for unexpected delays.
Business attorney on LinkedIn also urged people to avoid domestic air travel unless there is no other choice.
“We are seeing increased immigration enforcement activity at domestic airports, including reports of ICE arrests involving individuals whose underlying status has expired, even when a lawful extension or change of status is pending,” she said.
She added, “A pending EOS/COS does not necessarily protect you from immigration enforcement or arrest.”
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Who faces the highest risk?
The lawyers say people whose have expired appear to face the highest risk, even if they have already filed applications to extend or change their status. In the past, documents showing a pending adjustment of status, extension or asylum application generally allowed many applicants to remain in the country legally while waiting for a decision.
Attorneys now say recent cases suggest that having a pending application may not prevent someone from being detained during domestic air travel. They recommend carrying all immigration documents and getting legal advice before making travel plans.
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Tsui H Yee’s advice for travellers
Immigration attorney also posted on LinkedIn, saying she recently advised clients to cancel a planned vacation because she believed the risk was too high.
“In the past, I never had to worry about clients being nabbed by ICE for flying domestically. If someone had an outstanding deportation order or an administrative warrant, then that’s a different story,” she said.
“But in the last 2 weeks, there have been numerous reports of clients who had pending immigration applications being detained before or after landing on domestic flights.”
She added, “The bottom line is that if you are not in valid immigration status now, you should avoid flying. For example, even if you filed an I-485 adjustment application before your nonimmigrant status expired, you could still be flagged as an enforcement priority.”
