ICE’s deployment of agents to airports across the country to help the understaffed TSA has panicked many who fear airports will become sites for violent ICE action. Immigration officers asked to help the Transportation Security Administration ease long lines at airports aren’t supposed to be performing regular immigration enforcement duties due to a funding shutdown for the Department of Homeland Security, but immigration experts are advising people to stay safe. Indian-origin immigration attorney Saimithra Reddy posted a video of ICE’s deployment at airports and said she did not intend to spread fear but to educate people because ICE has greater discretion and can ask anyone for proof of residency.
Avoid traveling if:
Reddy said those in a gray area where effectiveness is not clearly defined should avoid traveling now
- If your application is pending with USCIS
- If you have any criminal or arrest history
- If your visa has been revoked or expired
- If you are in any temporary status such as TPS, parole, DACA
- If your H-1B visa has a 60-day grace period
If you hold a valid visa
- Have proof of your visa ready, either a passport with a visa stamp or an official approval notice.
- Bring your physical EAD card
ICE has broad authority and can question anyone, including lawful permanent residents and U.S. citizens, about their legal status and request documentation proving their legal status, Reddy said, adding that if someone refuses to comply with their requests and questions, they can pull those people aside for further screening or questioning and can detain them.
List of airports where ICE agents have been 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)
- New York LaGuardia Airport (LGA)
- Louis Armstrong New Orleans International Airport (MSY)
- Puerto Rico Luis Muñoz Marin International Airport (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 say U.S. citizens have the right to remain silent when questioned by law enforcement, including ICE agents, except for basic identification in certain circumstances. They say legal permanent residents and visa holders also have important rights at airports, although their situations are more complicated. Noncitizens, especially those without legal status, may face more extensive questioning by ICE. However, they still have key rights: the right to remain silent, the right to refuse consent to searches of personal belongings in certain circumstances, and the right to request a lawyer if detained.
