Over the past month and a half, ICE has begun mass detention of people at US airports on domestic flights. Those at risk are individuals in pending status — awaiting decisions on TPS, U visas, or asylum applications. Previously, this route was considered safe, but the situation has changed.

Who gets detained at airports

ICE knows a person’s status before they even arrive at the airport. Agents wait for travelers with their photographs at check-in counters, having information about the traveler’s immigration status.

Right now, people are being detained who are awaiting decisions on TPS (Temporary Protected Status), U visas, or asylum requests. All these statuses do not accumulate unlawful presence in the US. However, a legal loophole has emerged: since such people currently have no status, they can be placed in deportation proceedings on that basis.

Typically, detentions occur at the moment someone attempts to depart — when the person has already checked in and is on their way to the gate.

Why flying became dangerous

Previously, courts would dismiss deportation cases if a person had a pending application. Now, judges are refusing such dismissals.

There are accounts of cases where someone was called for an immigration interview, then the agency postponed the hearing, but when the person traveled for the new interview, ICE detained them right at the airport. One person spent months preparing for an interview, gathered documents, but was arrested before he could get there.

The situation is unpredictable. In one known case, a woman with an American child was detained at an airport — the reason remains unclear even after careful analysis of her history and documents.

Who can fly safely

Only people with specific approved status can fly safely:

  • approved TPS (for example, from October onwards);
  • other approved forms of protection with valid documentation.

A possible exception is flying directly to a consular interview. When you have received a notice of hearing and are flying on that specific date, though this does not guarantee full protection from arrest.

What to do if called for an interview

If you are called for an interview and are in a state different from where the interview will be held, wait as long as possible before traveling. It’s possible this situation will be resolved before travel becomes necessary.

If the interview must proceed, flying to it is a forced measure, but not full protection from possible detention. When attempting to depart, ICE may inspect your documents, and if you cannot present something that allows you to be in the country on that day, you may be detained.

Ways to protect yourself in case of arrest

In practice, preparation can help: having documents ready in advance, contacts with a lawyer, contact information for family members, information about your residence and current case. This is needed so that everything is organized on the day of arrest.

Some people prepare a habeas corpus petition and bond documents in advance to attempt to be released on bail on the day of detention. This does not guarantee success, but it gives a chance to get out quickly or at least avoid being transferred to another state and avoid lengthy detention.

It is important to note that immigration police have no clear criteria for selecting targets. Detentions appear arbitrary: dozens of people with the same status fly, and only some are arrested — without apparent reason.

Judges’ position: pressure and fear

Judges face enormous pressure. Some refuse to make decisions even when precedent and legislation allow them to do so. One judge was willing to address the situation until management asked her — after that, she refused without explanation.

By law, if a judge refuses, she must state the reason so that it goes into the official appellate record. But some judges only say “I decline” and nothing more, understanding that this will still be challenged on appeal, but unwilling to invite additional complications.