What Happens at the Airport When You Do Not Have Legal Status — or Even When You Do

Arzoo Connor • September 24, 2026

Airports in the United States are federal jurisdiction.

TSA is a federal agency. CBP operates at every international arrival point. ICE has been making arrests at airports. And in 2025 and 2026, the enforcement posture at airports has shifted in ways that affect people regardless of their immigration status — including people with valid visas, people with green cards, and people flying domestically who have never interacted with an immigration officer in their lives.


I want to explain specifically who faces what risks at airports, what your rights are, and what you should have in order before you travel — whether that is a domestic flight to Dallas or an international trip abroad.


Domestic travel and people without legal status

TSA's primary job is security screening. TSA agents are not immigration enforcement officers. But TSA is a federal agency and since 2025 information sharing between TSA and ICE has expanded. What TSA learns about a traveler during screening can reach ICE.


At TSA checkpoints, you are required to show identification. Acceptable forms include a passport, a REAL ID-compliant driver's license, and a few other government-issued documents. Undocumented individuals who do not have a REAL ID-compliant document can attempt to use a foreign passport or other identity documents — TSA has identity verification procedures that do not require a US government ID — but this process involves TSA agent discretion and the outcome is not guaranteed.


If TSA cannot verify your identity through standard procedures, additional screening follows. If that screening surfaces information that is passed to ICE, an arrest can follow. ICE has been making civil immigration arrests at domestic airport terminals. This has happened to people who were not crossing an international border and had no reason to expect an immigration encounter.


If you do not have legal status and you are considering domestic air travel, talk to an immigration attorney about your specific situation before you book the ticket. The risk depends on what documents you have, the airport, the current enforcement environment, and your individual immigration history. It is not a uniform risk for every person, but it is a real one.


If you are a visa holder traveling domestically

If you are in the United States on a valid visa and you are traveling within the country, TSA will see your foreign passport and your visa. In most circumstances this is not a problem. But if your visa has expired and you are still in the country, or if your authorized period of admission has ended, a domestic flight creates a moment where that status may be flagged. Know the exact expiration date of your authorized stay — not just your visa stamp, but the date on your I-94 record — before you fly.


Green card holders at international airports — returning from travel

The Supreme Court ruled in June 2026 that CBP officers can now initiate removal proceedings against a returning green card holder based on suspicion of a crime, without the prior requirement of clear and convincing evidence. This changed the risk at the border for people with criminal histories in a meaningful way.


When you return to the United States through an international airport, you go through CBP. The officer who processes you can access your immigration history, your criminal record, and any flags in the system in real time. If they have concerns they can send you to secondary inspection — a separate, more thorough process where you can be held for hours and where officers have broader authority to question you and review your documents including your phone.


If you are a green card holder and any of the following are true, talk to an attorney before your next international trip: you have any criminal history of any kind, you have a prior removal order that was never formally terminated, you have had prior periods of unlawful presence in the US, or you have any other complication in your immigration history. The June 2026 ruling made the risk at the border higher for a broader group of people than it was before.


What documents to carry when you travel

Green card holders traveling domestically: carry your green card. Green card holders traveling internationally: carry your green card and your passport. Visa holders traveling internationally: carry your visa documentation and your passport. If you have advance parole, carry that document.


If you have other immigration documents — an Employment Authorization Document, a pending case receipt notice, anything that documents your current status or pending application — carry copies when you travel. Not originals. Originals should be kept somewhere safe. Certified copies are sufficient and losing an original immigration document while traveling creates significant problems.


Have your attorney's phone number saved in your phone before you arrive at the airport. Not after something happens — before.


What to do if you are stopped or questioned

You have the right to remain silent and the right to an attorney. This applies at airports as it applies everywhere in the United States.


If CBP stops you at a port of entry — meaning you are returning from international travel — their authority to question you about your admissibility is broad. Refusing to answer questions at a port of entry can itself be used against you in the admissibility determination. The calculation at a port of entry is different from the calculation inside the country.

If ICE approaches you inside a domestic terminal, ask clearly: am I free to go? If the answer is yes, you can leave. If the answer is no, you are being detained. At that point ask for an attorney and do not answer questions about your immigration status without legal representation.


Do not consent to a search of your phone. You are not required to provide your phone password or your social media passwords. If an officer asks for your password, you can decline. If your phone is seized, contact an attorney as quickly as possible.


The honest picture for right now

Airport enforcement has changed. ICE arrests at airports, including domestic terminals, have happened and are not hypothetical. The Supreme Court ruling changed what happens to green card holders at the international border. TSA information sharing with federal agencies has expanded.


This does not mean that everyone who boards a plane is at risk. For most people, most flights are uneventful. But for people with open immigration cases, prior immigration court history, criminal records, or any complication in their immigration status, the airport is now a higher-stakes environment than it was two or three years ago.


If you are not sure whether your situation creates a risk at the airport — domestic or international — call us before you book the flight. A consultation gives you an honest assessment of what your specific situation looks like and what documents you should have in hand before you travel.


Attorney Arzoo Connor

ARC Legal Services | Fort Worth, TX | Hablamos Español

469-200-0158 | arclawoffice.com


This post is for general informational purposes only and is not legal advice. Every immigration case is different. Please consult a qualified attorney about your individual situation.


By Arzoo Connor • September 24, 2026
USCIS is using artificial intelligence to screen social media accounts as part of immigration case review
By Arzoo Connor • September 15, 2026
Cancellation of removal is a form of relief in immigration court that allows certain people who are in removal proceedings to avoid deportation and, in some cases, receive a green card.
By Arzoo Connor • September 9, 2026
Advance parole is a travel document that allows certain noncitizens with pending adjustment of status applications to leave and reenter the United States without abandoning their case.
By Arzoo Connor • August 31, 2026
At adjustment of status interviews in 2026, USCIS officers are asking more detailed and more pointed questions than they were two years ago.
By Arzoo Connor • August 28, 2026
If you are eligible to apply for a green card through adjustment of status and you have been waiting, stop waiting. File before September. Here is what changed and why timing matters right now.
By Arzoo Connor • August 28, 2026
If you had a removal order or an administratively closed immigration court case and later received a green card, that court case is still an obstacle
By Arzoo Connor • August 1, 2026
Green card holders face different estate tax rules than US citizens, and the gap between what a citizen's family pays and what a noncitizen's family pays can be significant.
By Arzoo Connor • July 30, 2026
I-130 family petitions are currently taking close to two years to be approved by USCIS.
By Arzoo Connor • July 27, 2026
If you miss your immigration court hearing, the judge will almost certainly issue an in absentia order of removal. That means you are ordered deported without being present, without being heard, and often without knowing it happened until ICE comes to your door or you try to travel and find out at the border. This is one of the most common ways people lose cases that could have gone differently. I see it in Dallas immigration court regularly. Someone got a notice to appear, life got in the way, they thought they could reschedule, or they never received the notice at all because it went to an old address. The hearing happened without them. The order was issued. Now they are asking me what can be done. What an in absentia removal order means for your case An in absentia removal order is a formal order of deportation entered by an immigration judge when a respondent fails to appear. Once it is issued, you are subject to removal from the United States. If you have any pending applications or relief that you had not yet presented to the court, those matters are not automatically preserved. The order treats your failure to appear as a waiver of your right to be heard. The order also creates a ten-year bar on most forms of discretionary relief and makes it significantly harder to reopen your case, though not impossible in every situation. Can an in absentia order be reopened? Yes, in certain circumstances. You can file a motion to reopen an in absentia removal order if you can demonstrate that you did not receive proper notice of the hearing, or if you can show that exceptional circumstances caused your failure to appear. Exceptional circumstances under immigration law means something serious and beyond your control, not a scheduling conflict or a misunderstanding about the date. In immigration courts right now, judges are scrutinizing motions to reopen carefully. The standard for what qualifies as exceptional circumstances is applied strictly. A credible showing that notice was not properly received carries more weight than an argument that you forgot or were confused about the date. There are also deadlines. A motion to reopen based on lack of notice must generally be filed within a reasonable time. A motion based on exceptional circumstances must be filed within 180 days of the order. These deadlines matter and missing them closes additional doors. What if you never received notice of the hearing? Notice issues are more common than people realize. If the address on file with the immigration court was incorrect, if the notice was sent to an old address you had not updated, or if there is a documented problem with the notice that was sent, you may have grounds to reopen the case. Courts do look at whether notice was properly given before holding someone responsible for failing to appear. If you received a notice to appear that listed a time or date as TBD or to be determined, there is ongoing litigation about whether a subsequent notice sent to the address on file constitutes proper notice. This area of law has shifted in recent years and it is worth discussing with an attorney who practices in your specific immigration court. What to do right now if you have a missed hearing If you missed a hearing and you know an order may have been entered, do not wait to find out. Contact an immigration attorney as soon as possible. The sooner you act, the more options exist. Every day that passes after an in absentia order closes windows that may not reopen. If you are not sure whether an order was entered, you can check the status of your case on the EOIR website using your alien registration number. Your attorney can also pull the case record and determine what happened and when. If you have a hearing coming up and you are afraid to go, I understand that fear. But not going is almost always the worst outcome. An immigration judge who sees you show up, present your case, and engage with the process has the ability to exercise discretion. A judge who sees an empty chair does not.  If you have a missed hearing or an upcoming court date you are not sure how to handle, call us. Attorney Arzoo Connor ARC Legal Services | Fort Worth, TX | Hablamos Español 469-200-0158 | www.arclawoffice.com This post is for general informational purposes only and is not legal advice. Immigration law is complex and every case is different. Please consult a qualified attorney about your individual situation.
By Arzoo Connor • July 14, 2026
If a parent is detained or deported in Texas, the documents that protect your family are a financial power of attorney, a medical power of attorney, and a legal designation covering your minor children. Without these in place, the people who want to help your family may have no legal authority to do so, even if they are immediate family members. I practice immigration law and estate planning. I see both sides of what happens when a parent is detained without warning. The immigration side is what people call me for. The other side is the part nobody plans for. Who pays rent? Who can access the bank account? Who has legal standing to pick the children up from school, consent to a medical procedure, or make decisions when you cannot? Courts can eventually resolve all of these things. But court proceedings take time and money, and in the middle of a family crisis that is exactly the wrong moment to start a legal process to establish basic authority over your own household. What a financial power of attorney does for an immigrant family A financial power of attorney authorizes a person you trust to manage your accounts, pay your bills, handle your property, and make financial decisions if you are unavailable. If you are detained, someone still needs to pay rent. Someone still needs to handle your car payment. Someone still needs money for your children's food, school supplies, and medical appointments. Without this document, the people who love you and want to help have no legal standing to touch any of it, no matter how close they are to you. In Texas, a durable power of attorney remains in effect even if you are incapacitated or unavailable, which is exactly what you need for a detention scenario. A regular power of attorney can lapse. A durable one does not. This distinction matters and it is the version you want. What a medical power of attorney covers A medical power of attorney authorizes someone to make healthcare decisions for you if you cannot make them yourself. If you are detained and a medical situation arises, this document determines who speaks for you and what decisions they can make. Without it, healthcare providers are limited in what information they can share and what decisions family members can authorize, even in an emergency. The documents that protect your children specifically For parents, Texas law provides two additional tools that matter most in an enforcement scenario. The first is a designation of guardian for minor children, which is your written statement of who should care for your children if you are unable to do so. The second is what Texas calls an authorization agreement for nonparent relative care, which gives a relative or trusted adult specific legal authority to enroll your children in school, consent to their medical care, and make day-to-day decisions without going to court. Schools require documentation. Hospitals require documentation. An aunt or grandmother saying the parent is detained is not enough without legal paperwork behind it. I have seen families where children missed weeks of school and medical appointments because the adults who wanted to help could not get past the front desk of the school or the admissions desk at the clinic without documentation the family did not have. What I have seen happen without a plan I have seen families get through the immigration part of a crisis and then face months of chaos on the other side. The parent got through detention. The underlying immigration situation stabilized. And they came back to a family that had lost a vehicle to repossession, fallen behind on rent, missed medical appointments for children with ongoing conditions, and had a landlord who had started eviction proceedings because nobody had authority to handle the finances. The immigration case was the part they had thought about. The rest caught them completely off guard. A simple packet of documents, prepared ahead of time with an attorney, prevents all of that. Who to name and what they need to know Name someone stable. Someone nearby. Someone without legal complications of their own that might limit their ability to act. Name an alternate in case your first choice is unavailable. And before anything happens, have a real conversation with the person you are naming so they know where to find the documents and what to do with them.  Put together a written letter with the names and phone numbers of your attorney, your children's school, your doctor, your landlord, and the location of your important documents including your passport, immigration paperwork, lease, and bank account information. Give a copy to the person you trust. Keep a copy somewhere accessible. This is not a legal document but it is the thing that holds everything else together when someone is trying to help you under pressure. A note on why immigrant families in Texas specifically need this Every family should have these documents. For immigrant families in Fort Worth and the DFW area in 2026, the urgency is higher because the consequences of not having them are more immediate. This is not about assuming the worst. Not planning does not prevent something from happening. It only guarantees that if it does happen, your family is less protected than they could have been. I handle both immigration and estate planning at this office, which means I understand your full situation. If you have been putting this off, stop putting it off. Attorney Arzoo Connor ARC Legal Services | Fort Worth, TX | Hablamos Español 469-200-0158 | www.arclawoffice.com This post is for general informational purposes only and is not legal advice. Immigration law is complex and every case is different. Please consult a qualified attorney about your individual situation.