Increased ICE Enforcement at US Airports Targeting Domestic Air Travelers: What Employers Need to Know

Background

ICE and TSA have expanded a data-sharing arrangement that previously focused on travelers with final orders of removal. The arrangement now extends to travelers whose authorized period of stay, as reflected on their Form I-94 Arrival/Departure Record, has expired. Notably, this includes individuals who have timely filed applications with USCIS, such as requests to extend or change nonimmigrant status, Form I-485 Adjustment of Status (“green card”) applications, or applications for asylum or other humanitarian protections, as well as individuals who hold valid employment authorization. Enforcement actions have been documented at numerous airports in recent weeks.

Historically, individuals with timely filed pending applications were not subject to enforcement action and were generally permitted to travel domestically without the risk of detention at airports absent aggravating factors such as criminal history or a prior removal order. The expansion of enforcement activity indicates that these individuals are now considered a higher priority for immigration enforcement.

How Airport Encounters Unfold

Encounters typically begin when plainclothes ICE agents approach an individual at a check-in counter, departure gate, or jet bridge. The agent already has the individual’s name, date of birth, and flight information from airline reservation data before the interaction begins. Affected individuals have reported being pulled aside in front of other passengers, separated from traveling companions (including minor children and spouses), and questioned about their immigration history. In some documented cases, individuals who presented valid Employment Authorization Documents (EADs), advance parole, and USCIS receipt notices were nonetheless detained.

After Detention: Employer Implications

If an employee is detained at an airport, the consequences extend well beyond a missed flight. After initial processing, a detained individual may be transferred to a detention facility that is not near the airport of encounter, and in some cases not in the same state, making it difficult for family members, employers, or attorneys to locate them quickly. ICE maintains an online detainee locator that allows searches by name and country of birth, but the tool is not updated in real time, and a detained individual may not appear in the system for hours or even days after the initial encounter.

ICE may serve a detained person with a Notice to Appear (NTA), initiating formal removal proceedings, but the hearing date listed on the NTA is typically a placeholder. The immigration court may take several weeks to schedule the first hearing. During this period, the individual may request release on bond, but bond is not guaranteed and is unavailable to certain categories of detainees.

For employers, the immediate impact is the sudden, unplanned absence of an employee who may have been traveling for business with no clear timeline for resolution. Employers may find themselves unable to confirm even the basic status of a detained worker.

At-risk employees may wish to pre-sign a privacy waiver that designates a trusted contact, such as an attorney or family member, as an authorized recipient of case information. Employees should also consider sharing their immigration attorney’s contact details with a colleague or family member before any travel.

Who is Most at Risk?

• Certain individuals with pending Form I-485 Adjustment of Status (AOS) applications:
  • Individuals with pending AOS applications who lack current valid visa status (I-94) have become a target for enforcement action.
  • This includes individuals who have previously held a nonimmigrant visa status, such as H-1B, L-1, TN, O-1 and similar categories, and who have received an EAD and/or Advance Parole while an AOS application is pending, but who have not maintained their underlying nonimmigrant status.
• Individuals with pending submissions requesting certain immigration benefits, including Form I-129 petitions and Form I-539 applications, who experience a lapse in nonimmigrant status (expiration of I-94) as they await adjudication of these submissions by USCIS, have become a target for enforcement action.
• Individuals with pending applications for asylum or other humanitarian protections.
• Individuals with prior removal orders, certain criminal histories (including old or minor convictions or charges that were ultimately dropped), or prior immigration violations.

Recommended Employer Actions

Assessment

• Conduct a comprehensive audit of the immigration status of all sponsored employees to identify individuals whose I-94 has expired, or will expire before an anticipated adjudication date.
• Where eligible, consider upgrading pending USCIS filings to premium processing to accelerate adjudication timelines and reduce the period during which an employee's Form I-94 may be expired. Premium processing is available for certain Form I-129, Form I-539, and Form I-140 petitions. USCIS typically takes action within 15 or 45 business days, depending on the form type. Shortening the pendency window can reduce an employee's exposure to enforcement action during the gap between filing and a decision.
• For employment-based applicants, evaluate whether it is possible to maintain underlying nonimmigrant status (e.g., H-1B, L-1, O-1) rather than relying solely on an EAD or advance parole while an Adjustment of Status application is pending.

Pre-Travel Measures

• Advise at-risk employees to defer non-essential air travel, including both domestic and international flights.
• Notify immigration counsel before any essential air travel so that a case-specific risk-assessment can be conducted in advance.

Employee Readiness

• Encourage traveling employees to have a complete set of immigration documents accessible at all times, including receipt notices (Form I-797) for all pending applications, EADs, valid Advance Parole documents, a valid passport, prior visa stamps, and evidence of current employment.
• Recommend that employees store copies of all immigration documents in a secure location accessible to a trusted family member or designated contact, and that they familiarize themselves with available resources on how to prepare for a potential enforcement encounter.
• Employees should ensure a trusted individual is listed as an emergency contact with the employer so that HR or legal can reach them promptly in the event of detention.

Employer Preparedness for Detention

• Develop an internal protocol for responding to an employee placed in detention, including a designated point of contact in HR or legal, familiarity with the ICE detainee locator, and a plan for communicating with the employee's family.
• Consider implementing a policy addressing the employment status of employees who are detained, including whether to place a detained employee on a defined leave period (e.g., 30, 60, or 90 days) before making any separation decisions. A clear policy established in advance can help ensure consistent treatment, reduce legal risk, and provide detained employees a reasonable window to resolve their immigration matters.

Looking Ahead

This Legal Update reflects a rapidly evolving enforcement landscape, and guidance may change as further information becomes available. We will continue to monitor developments and provide updates.

Resources

Online Detainee Locator, Facility Locator and ICE Form 60-001 (Privacy Waiver Authorizing Disclosure to a Third Party): Office of Congressional Relations | ICE and ICE Portal.