As the US has been known as a land of opportunity, many people come to the country to work, study or start new businesses. Immigrants of all sorts represent a variety of cultures and backgrounds, making America a diverse and inclusive country. However, for undocumented immigrants, traveling by plane within the US may be an area of concern. Here are some common questions asked by undocumented individuals about air travel in the US:
What is considered an undocumented immigrant?
An undocumented immigrant is someone who enters the United States without inspection from a US immigration officer, or someone who enters legally but overstays their visa. Many undocumented immigrants may have entered the country as children with their parents, while others may have come to the country seeking better opportunities. Being undocumented means that the individual does not have legal status and is in the country without permission from the government.
Can undocumented immigrants travel within the United States?
Yes, undocumented immigrants can travel by bus, train or car within the US. Domestic travel does not require any immigration status documentation; therefore, it can be done freely. A person’s immigration status is checked only when they try to travel outside the US or when they enter the country.
Can undocumented immigrants travel by plane?
Yes, undocumented immigrants can travel by plane within the US with some restrictions. They can board a plane with a foreign passport, but they may face more scrutiny from Transportation Security Administration (TSA) officials and immigration agents.
What identification documents are required for an undocumented person to travel within the US?
Undocumented individuals may use a foreign passport or a photo ID issued by their country of origin as identification for domestic flights. However, they should have other identification documents such as a driver’s license or an identification card issued by the Department of Motor Vehicles (DMV).
What is a Real ID?
A Real ID is a state-issued identification card with heightened security measures required under the REAL ID Act of 2005. These standards were set by the Department of Homeland Security (DHS) to authenticate a person’s identity for official purposes such as boarding a plane. State drivers’ licenses and identification cards must meet these standards to be considered “Real ID” compliant.
Do undocumented individuals need a Real ID to travel within the US?
No, undocumented individuals do not need a Real ID to travel within the US. However, a Real ID-compliant identification card is required to enter a federal facility or board a domestic flight after May 7, 2023.
Can an undocumented immigrant obtain a Real ID?
No, undocumented immigrants cannot obtain a Real ID because they do not have legal status in the US.
What other forms of identification documents can be used for travel within the US?
Undocumented individuals may use a foreign passport or a photo ID issued by their country of origin for identification purposes. Additionally, they may use a state-issued driver’s license or identification card, even if it does not comply with the Real ID standards.
What is the TSA?
The TSA, or the Transportation Security Administration, is a federal agency responsible for securing all modes of transportation in the US, including airports. TSA officials screen all passengers and their belongings before they board a plane to ensure the safety of all travelers.
Does the TSA check immigration status?
No, the TSA does not check immigration status. Their primary focus is to ensure the safety of all passengers boarding a flight.
Can an illegal immigrant travel by plane within the US?
Yes, an illegal immigrant can travel by plane within the US, as there is no immigration check at domestic airports. However, individuals without proper identification documents may face additional screening from TSA officials.
What happens if an immigrant with pending immigration case tries to travel by plane?
If an immigrant has a pending immigration case, they should consult with their immigration attorney to determine if travel is permitted. Immigration cases can sometimes result in deportation or a denial of entry upon returning to the US, so it is important to consider the risk involved before traveling.
What documents should an immigrant have to travel by plane within the US?
When traveling by plane within the US, immigrants should have proper identification documents such as a foreign passport, state-issued driver’s license or identification card. They should also consider carrying additional identification documents, such as their visa or legal paperwork, to avoid any issues with TSA officials.
Can a foreign passport be used as a valid identification document for air travel?
Yes, a foreign passport can be used as a valid identification document for air travel within the US. However, travelers may be subjected to additional screening by TSA officials if they do not have other identification documents.
Will the TSA check your immigration status?
No, the TSA does not check immigration status. Their primary focus is to ensure that travelers are not carrying prohibited items on flights.
What year do travelers need to have a Real ID for air travel?
Travelers need to have a Real ID-compliant identification card to board domestic flights after May 7, 2023.
What are my rights as an immigrant traveling within the US?
All individuals, regardless of their immigration status, have certain rights while traveling within the US.
Do I have the right to remain silent if questioned by TSA or immigration authorities?
Yes, individuals have the right to remain silent if questioned by TSA or immigration authorities. They may choose to provide identification documents and answer basic questions about their travel, but they are not required to disclose any other information.
What should I do if I am stopped by TSA or immigration authorities?
If stopped by TSA or immigration authorities, individuals should remain calm and polite. They may choose to provide identification documents and answer basic questions about their travel, but they are not required to disclose any other information. It is also recommended to contact an immigration attorney if immigration agents are involved.
What should I do if I am denied boarding or subjected to further questioning?
If a traveler is denied boarding or subjected to further questioning, they may choose to ask for a supervisor or a lawyer’s assistance. They have the right to ask for the reason for the denial and may consider staying calm, even if they disagree with the decision. Travelers may also file a complaint with the TSA if they feel their rights were violated.
