Increased Detentions at U.S. Airports During Domestic Travel
Increased Detentions at U.S. Airports During Domestic Travel
Foreign nationals with expired nonimmigrant status are increasingly being detained by DHS at U.S. airports during domestic travel, even when they hold a pending application and are otherwise in a period of authorized stay. Employers should identify sponsored employees who may be affected and advise them before they travel.
What Happened
Immigration attorneys have reported a growing number of DHS detentions at airports during domestic travel over the past several days, with incidents in California, Colorado, Florida, Illinois, Kansas, Michigan, New Jersey, Texas, and Virginia. Those detained share a common profile: their nonimmigrant status has expired, but they have a timely filed application for adjustment of status, asylum, or extension of status pending. Some had no criminal history and held valid work authorization or advance parole. No single triggering policy or rule change has been identified.
What This Means for Employers
This trend creates risk for both the sponsoring employer and the employee. A pending application is not being treated by DHS as a guarantee of safe passage through domestic airports, and employers should not assume otherwise simply because an employee is maintaining a period of authorized stay.
Risk of Airport Detentions for Foreign Nationals
Anyone whose underlying status has expired and who is relying on a pending application — even with valid work authorization or advance parole — faces a documented detention risk on domestic flights. Affected individuals should weigh whether domestic travel is necessary until more is known about the scope of this trend. This risk is separate from international travel, which involves its own considerations around advance parole, visa validity, and CBP review at reentry.
Action Items for Employers
Advise Employees of Risk. Tell any employee whose status has expired — even with a pending application, Employment Authorization Document (EAD), or Advance Parole document (“Impacted Employees”) — that domestic air travel carries a detention risk. Employees in valid status should carry original or printed proof of that status.
Caution Against Travel. Strongly encourage impacted employees to avoid domestic air travel if possible.
Consider Premium Processing. Where available, consider upgrading a pending application to premium processing before the employee's I-94/status expires, so DHS systems reflect an approved, valid status.
Consult Counsel Before Travel. Consider a pre-travel review process for impacted employees. Your ILG attorney can assess status and risk before travel plans are finalized.
Action Items for Employees
Postpone Non-Essential Travel. Impacted Employees should postpone non-essential flights until they have documentation of valid status, if possible.
Carry Proper Evidence. Carry original or printed proof of status — USCIS approval/receipt notices, I-94 printouts, EAD, and AP/travel documents. Evidence on a phone or laptop is not sufficient.
Consult Legal Counsel. Our attorneys can review your situation, assess risk, and advise on documentation and options to reduce it.
ILG will continue monitoring this development and provide updates as they become available. If you have questions, please contact your ILG attorney or reach our firm at