Traveling by plane within the United States It can be a daunting process if you are undocumented. Enlace Latino NC shares with you a guide where you will learn what documents you must present for a domestic flight.
Acceptable identification at the TSA checkpoint
Based on a document prepared by Immigrants Rising, all travelers traveling on a domestic flight must present a valid photo ID. that has not expired issued by the state or federal government.
Undocumented persons may use the following forms of identification accepted by the Transportation Security Administration (TSA) .
- Identification document state with photography
- Driving license state
- military identification
- Foreign passport, must be valid
- Employment Authorization Card from the U.S. Citizenship and Immigration Services
- Trusted traveler cards such as the NEXUS, SENTRI and FAST cards issued by the Department of Homeland Security (DHS)
- Border crossing cards
- Native American Tribal Identification Cards
- Airline or airport photo identification cards issued in accordance with TSA regulations and transportation worker identification cards
- United States passport
- United States Passport Card
Note: This guide is not intended to serve as legal advice and is not a substitute for obtaining legal advice from a qualified attorney.
Related>> Traveling undocumented by train or bus in the US: Everything you need to know
Can I fly with a foreign passport or employment authorization card?
Yes, as stated above, the list of approved ID documents for flying within the country includes foreign passports, must be current, and/or an employment authorization card (I-766) from the US Citizenship and Immigration Services.
There have been reports of people being unable to fly with these documents due to erroneous denials by TSA agents.
In such cases, inform the TSA agent that, according to the directrices published by the Transportation Security Administration, these documents are acceptable.
It is recommended that you review the most up-to-date TSA guidelines prior to your domestic flight.
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What is considered a domestic flight in the United States?
In the United States, a domestic flight is a flight that takes place within the country's borders. In other words, a domestic flight takes place within the U.S. without a stopover or destination in another country.
For example, a flight departing from Miami, Florida, and arriving in Seattle, Washington, is considered a domestic flight.
Can I fly to Hawaii or Alaska as an undocumented traveler?
Traveling to Hawaii or Alaska is considered a domestic flight. Both Hawaii and Alaska are US states.
Therefore, flying to either destination follows the same TSA guidelines as traveling to any other state in the country.
Important: When traveling, make sure you do not stopover in another country.
Do I have to answer the TSA/ICE/CBP agent's questions?
No, you have the right to remain silent under the Fifth Amendment. However, refusal to answer questions may result in prolonged questioning/detention.
When in doubt, do not answer questions about your citizenship or immigration status or sign any documents without the advice from a lawyer.
Can a TSA agent search my luggage and personal items?
The TSA is only authorized to conduct “administrative searches” of passengers and their belongings, searching for prohibited items to ensure passenger safety.
“Criminal searches” can only be conducted by law enforcement personnel, such as the FBI and state or local law enforcement, who may be called upon by TSA at its discretion.
For example, if the TSA finds a prohibited item in a passenger's possession during screening, it may call law enforcement.
How to prepare for your trip
- Have your identification ready.
When booking your flight, make sure that the name on your ticket exactly matches the ID you will be using. - Secure your devices.
The government can ask for your phone, but you don't have to give out your password. Keep your information safe by protecting your devices with a numeric or verbal security password (instead of a pattern or fingerprint). - Develop a safety plan.
In case you are detained, designate at least two people who have access to your important documents and contact information for your lawyer/community organizations and family/friends. Share your flight information with them before you travel and tell them what to do in case something goes wrong.
You may be interested: Immigration Guide
Check the laws of the state where you will be traveling in advance
According to Immigrant Rising, it is essential to verify the anti-immigrant laws in effect from the state where you plan to travel in advance.
Here is a list prepared by the organization:
- Oregon and Illinois They offer greater protections, with laws limiting local law enforcement involvement with ICE, making them safer options for travel.
- California, New Jersey and Washington They also have extensive sanctuary laws.
- Florida, Georgia, Iowa, Texas and West Virginia have strict policies where local law enforcement is required to cooperate with ICE, so it is important to exercise extra caution in these areas.
- New York and Rhode Island They are more favorable to immigrant communities, with sanctuary policies that limit local police involvement in enforcing ICE laws, providing greater security when traveling.
- North Carolina: HB 10 is in effect, which requires all sheriffs to cooperate with ICE. It only applies in the event of an arrest and for certain crimes.
For a complete list of state laws regarding immigration enforcement, visit the ILRC Immigration Application State Map .
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