can illegal immigrants travel domestic flights

Can Undocumented Immigrants Fly Within the U.S.?

Can an undocumented immigrant fly within the U.S.? Yes, they can, but that does not mean the process isn’t fraught with potential pitfalls and some danger.

In general, domestic travel involves requests for official identification and contact with agents of the federal government. This means that air travel presents opportunities for an undocumented immigrant to be apprehended by federal officials. 

So, if you do not have permanent resident status or a valid visa, and you plan to travel around the U.S. by plane, you should speak with an experienced immigration attorney before you step foot in an airport.

At EMP Law, we have over 140 years of combined experience, and our experienced  Winston-Salem  and  Charlotte immigration attorneys  are at the top of their field. We are ready to take your call and find the perfect solution for you.

Get started today by calling  (336) 724-2828  or  filling out our online form .

Do You Have the Right Identification for Boarding a Flight?

Although the law generally does not forbid the travel of undocumented immigrants between the states,  identification regulations  that affect everyone might block some undocumented immigrants from flying.

The U.S. Transportation Security Administration (TSA) requires that every traveler over 18 present valid identification to a TSA agent before boarding a plane. Valid identification could include a driver’s license, a foreign government-issued passport, a U.S. passport, or many forms of identification sanctioned by the federal government. 

If you do not have documents that prove that you are legally in the country, you might not be able to clear the necessary security checks for flying. However, if you are an undocumented immigrant with a valid passport from your home country or a valid driver’s license, there is a good chance you can get on a plane without issues.

Currently, the  District of Columbia, Puerto Rico, and only 16 states  are willing to give driver’s licenses to undocumented immigrants. If you do not have a passport from your country and do not have a driver’s license, speak to a knowledgeable immigration lawyer about options in your state for obtaining a driver’s license before traveling. 

Your ability to take flights within the U.S. while being an undocumented immigrant also depends on when you choose to fly. Can undocumented immigrants fly domestically in 2023? Yes, many can. But can an illegal immigrant fly within the U.S. in 2025 and later? Possibly, but travel will likely be more complicated.

On May 7, 2025, new identification laws for domestic travel will take effect under the  REAL ID Act . The Real ID Act enforces minimum standards for state licenses used for domestic travel. 

Under the act, states issuing REAL IDs must require the following from a license applicant: 

• Date of birth,
• Social security number, 
• Full legal name, 
• Two proofs of address, and 
• Lawful status. 

If you cannot get a REAL ID, you might still be able to fly with a foreign passport, and you should consult with an attorney about the best way to fly and whether there are avenues for seeking lawful status before your next trip. 

Does the TSA Check Immigration Status for Domestic Flights? 

Depending on the airport you fly out of, your immigration status might be checked before you board a plane. Are you boarding a plane in Washington, Texas, California, New York, or anywhere else that is on the coast or borders Canada or Mexico? If so, you must be extra careful about taking flights without documentation.

Travelers departing from airports that are close to an international border could be stopped at a  Customs and Border Protection (CBP) checkpoint  that questions travelers about their immigration status.

And if the CBP discovers that you do not have legal status, you could be detained and subject to a  deportation or removal proceeding  before a U.S. immigration court. Deportation and removal proceedings are complex and should be  handled with the help of experienced counsel . 

Contact An Immigration Attorney Before You Fly

At EMP Law, our immigration attorneys are passionate about protecting immigrants who reside in this country, and we provide exceptional and diligent representation to all. In fact, our immigration attorneys have been awarded the honor of Business North Carolina Legal Elite for Immigration for multiple years in a row.

We can protect you before an immigration issue arises, and we can shield you from hefty consequences if you are currently facing an immigration problem. We are just a call away.

If you need help regarding your immigration status,  contact us online  or call  (336) 724-2828  today to schedule a consultation.

Helen believes in providing caring, thoughtful and thorough representation for each and every person. In particular, Helen focuses on helping individuals navigate the maze of rules, procedures and processes created by the United States Citizenship and Immigration Services and those facing criminal charges or deportation.

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Did Biden Secretly Fly 320K Unvetted Migrants to American Airports in 2023?

Snopes takes a close look at the words "secretly" and "unvetted.", alex kasprak, published march 7, 2024.

On March 4, 2024, the claim that the Biden administration had secretly flown 320,000 migrants into the U.S. in 2023 went viral. That claim originated from a report by the Center for Immigration Studies, a conservative think tank. The report, and its assertions, gained significant exposure when the Daily Mail covered it and Elon Musk shared the Daily Mail article on X (formerly known as Twitter). Former U.S. President Donald Trump also repeated the claim in his Super Tuesday victory speech on March 5, 2024.

The central assertions made by CIS, repeated by the Daily Mail or others, were that:

• A Biden administration program was responsible for flying 320,000 migrants directly into the United States between January and December 2023. (True)
• The program was a secret whose details were discovered by an outside group. (False)
• The program allowed unvetted aliens to enter the United States. (False)
• The U.S. government admitted that the program was a national-security risk. (False)
• Such a program could affect U.S. politics by altering voter demographics. (False)

Of these five claims, only the first was true. The program has never been a secret, it does not transport "unvetted" aliens, and participation in it requires significant vetting and a sponsor who is a U.S. citizen. The program provides no pathway to citizenship, which is a requirement to vote. 

The CIS report that originated the assertion that the government "admitted" the program was a national-security risk was based on a deceptive and incorrect reading of the government's argument in a Freedom of Information Act lawsuit filed by CIS.

Who Are These 320,000 Migrants?

In March 2020 , under Trump's administration, the Centers for Disease Control and Prevention published an order that authorized Customs and Border Protection to "immediately remove migrants, including people seeking asylum, to prevent the spread of [COVID-19]." This was something the government had a right to do in a public health emergency, the CDC argued, under a set of health laws known as Title 42.

Before that, The Associated Press reported, "migrants could cross illegally, ask for asylum and be allowed into the U.S." where they would be "screened and often released to wait out their immigration cases." The program of immediate deportation to Mexico continued under Biden until May 2023. As reported by the AP in May 2023, Biden instituted stricter rules for people seeking asylum in response to the expiration of that Title 42 justification:

The Biden administration is now turning away anyone seeking asylum who didn't first seek protection in a country they traveled through, or first applied online. This is a version of a Trump administration policy that was overturned by the courts. 

One result of this policy was a buildup of asylum seekers from Central American nations at the Mexican side of the U.S. border. A solution to this problem was to expand a program that had begun in late 2022 that allowed the United States to expel Venezuelan nationals to Mexico while instituting a program allowing "a set number of Venezuelans with a sponsor in the United States to apply for humanitarian parole." 

This humanitarian parole option expanded to include nationals from Cuba, Haiti, Nicaragua , El Salvador, Guatemala, Honduras, Colombia and Ecuador . People who are provided this option to apply for humanitarian parole receive what is known as an Advance Travel Authorization from CBP. 

The process for requesting an ATA requires an app, created by CBP, named CBP-ONE. This app, among other things, allows asylum seekers to have their application for an ATA approved online, and assists in facilitating and scheduling flights for those pre-approved asylum-seekers.

CIS, the think tank responsible for the report that went viral, has opposed the existence of the program since it began in 2022 . The group describes itself as "low immigration, pro-immigrant" and is classified as a hate group by the Southern Poverty Law Center. In March 2018 , Snopes covered a mathematically flawed analysis from CIS arguing that Trump's southern border wall would pay for itself.

The 320,000 number they cite, however, was posted directly by CBP .  Far from being a secret, CBP publishes these numbers every month. From January to December 2023, those disclosures indicate, 327,000 migrants made use of this program. 

This Program Is Not a Secret

The March 4, 2024, report by CIS claimed  that the ATAs offered through CBP-ONE program were "secretive" and hidden from the public:

Thanks to an ongoing Center for Immigration Studies Freedom of Information Act (FOIA) lawsuit, the public now knows that U.S. Customs and Border Protection (CBP) has approved secretive flights that last year alone ferried hundreds of thousands of inadmissible aliens from foreign airports into some 43 American ones over the past year, all pre-approved on a cell phone app.

Prominent GOP figures, including Arkansas Gov. Sarah Huckabee Sanders, repeated this claim of secrecy:

The program has never been secret. DHS announced it when it began in October 2022:

The U.S. Department of Homeland Security (DHS) is developing a new, voluntary Advance Travel Authorization (ATA) process to collect information from eligible noncitizens requesting advance authorization to travel to the United States to seek a discretionary grant of parole. … ATA launched October 12, 2022, to implement a parole process for certain undocumented noncitizens from select countries and their qualifying immediate family members, under which those individuals may request advance authorization to travel to the United States to seek a discretionary grant of parole. … CBP's ATA collection is conducted through the CBP One™ mobile application.

Migrants with approved ATAs taking flights to the U.S. booked through a CBP app were never a secret either. As described in a Congressional Research Service report made after the implementation of the Venezuelan humanitarian asylum option in October 2022:

The other major component of the policy changes is a new process to allow up to 24,000 Venezuelans who are outside the United States to travel by air to the U.S. interior and be paroled into the country. … Venezuelans granted parole will be allowed to stay for up to two years and apply for work authorization. Parole does not provide a dedicated pathway to U.S. lawful permanent residence.

In January 2023, when the humanitarian parole program expanded, Biden's DHS published a notice in the Federal Register explicitly stating that the program was capped at 30,000 total migrants per month:

Pursuant to this notice, the Secretary has removed the limit of 24,000 total travel authorizations and replaced it with a monthly limit of 30,000 travel authorizations spread across this process and the separate and independent Parole Process for Cubans, Parole Process for Haitians, and Parole Process for Nicaraguans.

In other words, without any FOIA-ing whatsoever, any member of the public could have surmised, even at the start of the year, that roughly 360,000 migrants would enter the United states via this program and that they would do so via planes after scheduling a flight using the CBP-ONE app. In this context, CIS' revelation of 320,000 was far from revelatory, and its assertion that these facts are kept secret was demonstrably false. 

These Migrants Were Not 'Unvetted'

The assertion that these migrants are simply dumped in America without any vetting is false, despite being made by the Daily Mail, Musk and several members of the GOP : 

To participate, eligible beneficiaries receiving ATAs must "have a supporter in the United States" and "undergo and clear robust security vetting." Their supporters must agree "to provide them with financial support for the duration of their parole in the United States."  

CIS characterized the humanitarian asylum program as "Biden Parole Flights." Such a phrase is great fodder for scary social media posts, like the one below from former Trump aide Steven Miller's PAC, but the word parole means a specific thing in the context of immigration law that differs from its meaning in the criminal justice system.

As described in a Congressional Research Service report , the term refers to people allowed to remain in the United States who have requested, but not yet received, asylum:

Immigration parole is official permission to enter and remain temporarily in the United States. Existing law gives the DHS Secretary discretionary authority to "parole into the United States temporarily under such conditions as he may prescribe only on a case-by-case basis for urgent humanitarian reasons or significant public benefit any alien applying for admission to the United States."

While CIS argued that these immigrants have no legal right to be here, a discretionary grant of parole provided by an ATA is itself a legal basis for them to "be here." 

The Government Did Not 'Admit' the Program Is a National-Security Risk

The CIS report responsible for the recent headlines was titled "Government Admission: Biden Parole Flights Create Security 'Vulnerabilities' at U.S. Airports." It makes the false claim that the government assessed that these "CBP-authorized arrivals" would undermine law enforcement efforts to protect the border:

The public can't know the receiving airports because those hundreds of thousands of CBP-authorized arrivals have created such "operational vulnerabilities" at airports that "bad actors" could undermine law enforcement efforts to "secure the United States border" if they knew the volume of CBP One traffic processed at each port of entry.

That is not something that the government "admitted." In reality, the government argued, in response to a CIS FOIA request for the names of the airports involved in the program, that the disclosure of that specific information — not the program itself — would create security vulnerabilities.

The quote at issue comes from a March 3, 2024,  filing made by CBP in that case in which they justify their use of a FOIA exemption known as (b)(7)(E). Their argument, in full context, makes clear they think the release could demonstrate staffing vulnerabilities at airports (emphasis ours), not that the program itself is creating national-security vulnerabilities: 

Pursuant to FOIA Exemption 7(E) to protect the identifying information for airports and land ports of entry. This information, if disclosed, would reveal information about the relative number of individuals arriving, and thus resources expended, at particular airports and land ports of entry which would, either standing alone or combined with other information, reveal operational vulnerabilities that could be exploited. …  Defendant intends to argue that the redacted information, if released, would expose staffing vulnerabilities at airports and land ports of entry.

Both the CIS report and the Daily Mail article included a direct explanation of the government's rationale, but neither provided adequate context or mentioned that the government specifically identified the kind of vulnerabilities it thought would be created by the release of the names of the airports. Attempts to reach representatives for CBP and DHS for comment were unsuccessful. 

In this context, the "bad actors" at issue are not necessarily criminals trying to sneak into the United States to commit terrorism or bypass border controls, but could include U.S. citizens against the policy who might seek to subvert it or cause harm to those involved in it. Such a person could potentially be motivated to go to those airports to stop the migrants. 

Conspiracy Theories About Importing Democratic Voters Make No Sense

In Musk's post about the CIS report — in which he speculated that "something far worse than 9/11" was in the works — he claimed that "this administration is … importing voters." This is a reference to a long-held conspiracy theory that the aim of immigration reform efforts by Democrats is to gain voters.  

There is one problem with this hypothesis. The people admitted into the United States with an ATA are explicitly not given U.S. citizenship or a pathway to achieve it outside of asylum. Citizenship is one of the four main requirements to vote in America. If a migrant's two-year period expires without an immigration court determining they have a reasonable basis for asylum, they will be deported , having never voted in a single election. 

The Bottom Line  

A program that is neither secret nor deemed a security risk by the United States government is responsible for flying more than 320,000 vetted migrants with U.S. citizen sponsors into American airports so they can maintain residency while their claims of asylum are adjudicated.  

CIS, the Daily Mail and other derivative coverage misleadingly cast the existence of this program, which was publicly launched in 2022, as a recent discovery of Biden administration deception. These claims do not hold up to any measure of scrutiny. 

Bensman, Todd. Government Admission: Biden Parole Flights Create Security 'Vulnerabilities' at U.S. Airports. Mar. 2024. cis.org, https://cis.org/Bensman/Government-Admission-Biden-Parole-Flights-Create-Security-Vulnerabilities-US-Airports.

Caralle, Katelyn. "Biden Administration ADMITS Illegal Migrant Secret Flying Program." Mail Online, 4 Mar. 2024, https://www.dailymail.co.uk/news/article-13155765/biden-illegal-migrant-flying-program-national-security-vulnerability.html.

Case 1:23-Cv-01115-ACR.

"CBP One: An Overview." American Immigration Council, 9 Dec. 2021, https://www.americanimmigrationcouncil.org/research/cbp-one-overview.

DHS Announces Family Reunification Parole Processes for Colombia, El Salvador, Guatemala, and Honduras | Homeland Security. https://www.dhs.gov/news/2023/07/07/dhs-announces-family-reunification-parole-processes-colombia-el-salvador-guatemala. Accessed 7 Mar. 2024.

DHS/CBP/PIA-073 Advance Travel Authorization (ATA) | Homeland Security. https://www.dhs.gov/publication/dhscbppia-073-advance-travel-authorization-ata. Accessed 7 Mar. 2024.

Fichera, Angelo. "Trump's Super Tuesday Speech: Assessing 10 False and Misleading Claims."  The New York Times , 7 Mar. 2024.  NYTimes.com , https://www.nytimes.com/2024/03/06/us/politics/trump-super-tuesday-fact-check.html.

Frequently Asked Questions About the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans | USCIS. 11 Oct. 2023, https://www.uscis.gov/humanitarian/frequently-asked-questions-about-the-processes-for-cubans-haitians-nicaraguans-and-venezuelans.

"Implementation of Changes to the Parole Process for Venezuelans." Federal Register, 9 Jan. 2023, https://www.federalregister.gov/documents/2023/01/09/2023-00253/implementation-of-changes-to-the-parole-process-for-venezuelans.

New Immigration Policies Related to Venezuelan Migrants. Congressional Research Service, 25 Oct. 2022, https://crsreports.congress.gov/product/pdf/IN/IN12040.

Processes for Cubans, Haitians, Nicaraguans, and Venezuelans | USCIS. 20 Sept. 2023, https://www.uscis.gov/CHNV.

"Title 42 Has Ended. Here's What It Did, and How US Immigration Policy Is Changing." AP News, 12 May 2023, https://apnews.com/article/immigration-biden-border-title-42-mexico-asylum-be4e0b15b27adb9bede87b9bbefb798d.

USCIS Establishes Family Reunification Parole Process for Ecuador | USCIS. 15 Nov. 2023, https://www.uscis.gov/newsroom/news-releases/uscis-establishes-family-reunification-parole-process-for-ecuador.

Who Can and Cannot Vote | USAGov. https://www.usa.gov/who-can-vote. Accessed 7 Mar. 2024.

By Jack Izzo

Jack Izzo is a Chicago-based journalist and two-time "Jeopardy!" alumnus.

By Alex Kasprak

Alex Kasprak is an investigative journalist and science writer reporting on scientific misinformation, online fraud, and financial crime.

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Us travelers outraged by airport signs appearing to allow migrants onto flights without id: ‘i’m quite offended’.

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American travelers are outraged by signs appearing at US airports appearing to allow migrants onto flights without showing proper identification.

US citizens traveling domestically have to show a valid identification card or a passport to board a plane, but signs at certain airports say there are different rules for some newly arrived migrants .

The signs claim the Transport Security Administration is working with Customs and Border Protection to “validate adult non-US citizen travel documentation when the traveler does not otherwise have an acceptable form of identification.”

In practice, this means migrants who have entered the country using the CBP One app – some 45,000 people a month – can use it as their travel document and even choose whether to allow officers to take their picture.

Retired CBP Chief Patrol Agent Chris Clem told The Post this presents bad optics.

“I’m an American citizen and I’m quite offended that these migrants that have come in here are getting preferential treatment and being prioritized in so many ways,” he said.

“The rest of us are paying the price at gas pump and grocery stores. Tax is going up. Yet [the US is] continuing to bring masses of people [in].”

“[The Administration’s mentality is] to try and make it the most humane and pleasurable experience for these poor people under distress because it is such a tough ordeal to navigate an American airport…but you’ve gotta be kidding me, many of them just came from Middle East, traversed seven countries, used apps to get here, and we’re supposed to believe Phoenix Airport might be all to much for them …ridiculous!”

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Can an illegal immigrant fly within the US

• Post author: Lluis Law
• Post published: March 12, 2024
• Post category: Immigration

In some cases, an illegal immigrant can fly within the US and travel in general. This is because there is no law that prevents it, but there are certain considerations to take into account. For example, if traveling within or outside the US.

But, how can I travel by plane when it is illegal in the USA? Although federal laws do not prohibit it, immigration status plays a key role in this. 

That said, we will answer various questions that we usually receive such as: “Can I travel by plane within the United States if I am undocumented but with a work permit” or “Can an illegal immigrant fly within the United States.”

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Can An Illegal Immigrant Fly Within The US In 2024

Although undocumented immigrants can travel within the United States without papers, they are required to have some form of identification. Every traveler boarding a flight must present a current identification issued by the state or federal government.

In the case of undocumented immigrants, they can use any of the forms of identification accepted by the Transportation Security Administration ( TSA ). 

Some of these documents may be a foreign passport or the Employment Authorization Document ( EAD ) issued by USCIS.

How Is It Possible That Undocumented Immigrants Can Fly Domestically In The United States? 

Despite this, traveling may prove to be more complicated. In fact, the new law that will go into effect in 2025 for travel within the United States imposes minimum standards on state licenses for domestic travel. 

According to this law, states that issue a Real ID must require the following:

• Full legal name.
• Social Security number.
• Legal status.
• Two proofs of address. 

In the event that you are unable to obtain a Real ID, you may still be able to fly with a foreign passport. But to do this, please contact our  immigration lawyers in Los Angeles .

What Happens If My Documents Have Expired?

Traveling with expired identification documents is not allowed in the United States. However, TSA currently accepts expired driver’s licenses and identification documents up to one year old.

Can Minors Fly Within The United States If They Are Illegal Immigrants?

Minors do not need any type of identification to travel within the US. However, for trips outside the country, they will need a passport.

Requirements To Travel By Plane Within The United States In 2024

Although an illegal immigrant can fly within the United States, they must present one of the following forms of identification:

• State-issued enhanced driver’s license.
• US or foreign passport.
• Traveler card issued by the Department of Homeland Security ( DHS ). For example, NEXUS, SENTRI, FAST or Global Entry.
• Veteran Health Identification Card (VHIC)
• US Merchant Mariner Credential
• HSPD-12 PIV card.
• Canadian provincial driver’s license or Indian and Northern Affairs Canada card.
• Identification of the United States Department of Defense.
• Lawful permanent residence card.

There are many ways to  obtain the Green Card , in our blog we reveal all the possible ways in which you could legalize yourself in the country. 

Can You Travel Without A Passport Within The United States?

American citizens do not need a passport to travel within the country, but will need to have one when traveling abroad.

Another question that we are asked very often in addition to whether an illegal immigrant can fly within the USA is:  Why wasn’t my passport stamped when entering the United States?

What Else Do I Need To Travel Within The United States?

Other than what was mentioned above, you will need certain identification papers to travel by air, land or sea within the US:

To fly within the US, illegal immigrants can use documents such as:

• State driver’s license, or
• Foreign passport. 

However, starting in 2025, only REAL ID format documents will be accepted. As a result, it is necessary to demonstrate lawful presence in the country. 

Otherwise, the only option will be to travel with a foreign passport. For international travel, only the use of a passport will be permitted.

What happens if you overstay your visa?  Find out the consequences of unlawful presence in the US .

Travelling By Sea

For sea travel within the country, documentation varies depending on the transport company. For example, when taking a ferry from New York to Connecticut, it is recommended to check with the company to find out the required documents. 

For international travel, such as on a ferry from California to Baja California, Mexico, a passport is required.

Ground Transportation

Ground travel between cities in the United States also varies by transportation company. Therefore, it is advisable to contact the company in advance to find out the necessary documents. 

On public transport within a city, identification is not required. But, when taking a bus or train crossing the border into Mexico or Canada, a passport will be required.

Can I Re-Enter The United States Without Papers If I Left The Country?

Staying illegally in the United States, whether due to irregular entry or visa extension, may result in a re-entry ban. The duration of this depends on the length of the unlawful presence:

• Less than 180 days:  There is no automatic ban, but entry may be denied.
• Between 180 days and one year:  You may be banned from re-entry for three years.
• More than one year:  You could face a re-entry ban of up to ten years.

If you have been bared or are inadmissible to the US, you may be eligible for a  type of immigration waiver .

Can I Travel Outside The United States If I Have A Pending Immigration Case?

If you are involved in an immigration process and plan to leave the country, you will need the appropriate documents to return. These can be advance travel permission ( advance parole ) or re-entry permission.

Such requirements are applicable to applicants and/or beneficiaries of:

• Adjustment of status , 
• Green card, 

If you are looking for immigration relief or want to legalize your status in the country, call us. Our professionals at Lluis Law will help you with these processes.

What Happens If you are arrested or detained by immigration?

If you are stopped by immigration officials, you are not required to answer their questions beyond identifying yourself. 

Not knowing that you are undocumented and not having an arrest warrant, you will likely be released. Revealing your immigration status may result in your detention, so you have the right to remain silent. 

Immigration and Customs Enforcement ( ICE ) can be scary, especially if you are undocumented. However, in our blog we have explained your options if ICE agents show up at your door  or the consequences of   illegal reentry after deportation . 

Traveling While Having A Deportation Order 

If you are in removal proceedings, you may still be able to travel. But to do this, you must present:

• The notice of appearance (Form I-862), and
• Some identification document.

If you have the notice to appear, it means that you have already been interviewed by immigration and they have initiated the procedures to deport you. 

Even so, if you find yourself in this scenario, our  immigration lawyers are specialists in deportations , so they will be able to fight your removal proceedings. 

Immigration Status And Eligibility To Fly Within The United States

Normally, an individual cannot fly illegally within the United States, that is, without identification documentation. Although they can do it without having a Green Card.

Therefore, an individual’s immigration status plays a vital role when traveling through the country. What’s more, each of these affects the ability to fly, whether they are:

Lawful Permanent Residents

Lawful permanent residents have the right to travel freely throughout the country. Therefore, they have no restrictions and do not require additional documentation beyond their Green Card.

In fact, Green Card holders have the same privileges as  American citizens  . 

If you are about to apply for citizenship, remember that there are  criminal bars to citizenship . 

Undocumented Immigrants

Undocumented immigrants face a variety of challenges. This occurs because airlines require passengers to provide some form of government-issued identification.

As if that were not enough, airports have rigorous security controls where they verify the identification of passengers. 

DACA Recipients

Although DACA recipients have some flexibility when traveling, they must stay up to date on any changes in immigration policies or regulations.

Such flexibility is because these foreigners receive work permits and a Social Security Number (SSN). 

Holders Of Temporary American Visas

Foreigners with  F-1 US student visas ,  tourist visas  , or the  B-1 business visa  will generally be able to travel within the United States. However, they must ensure to:

• Keep all their travel documents with them.
• Review  Form I-94  , arrival/departure, and
• Know the remaining validity period of your current visa. That is, if it will be in force throughout the trip. 

Remember that if a visa is about to expire or has already expired, it can cause complications when traveling in the US. 

Note : Some foreigners may be eligible to process an  ESTA authorization to travel to the United States . Thanks to this, a visa will not be necessary. 

How To Prepare To Travel Within The United States Without Papers? 

Now that you know that an illegal immigrant can fly within the USA, it is time for you to know how to prepare for it. This will depend on how you will travel around the country:

Domestic Flight

• Make sure you have your identification properly prepared.  When booking your flight, verify that the name on the ticket exactly matches your ID.
• Ensure the integrity of your electronic devices.  Although government authorities may ask for your phone number, you are not required to reveal your password. 
• Create a security protocol.  If you are detained, designate at least two individuals who have access to all your essential documents. For example, the contact of your lawyer, family, friends and others. 

Note : In the US, a domestic flight is when it is made exclusively within the country, without international stops. In other words, it is a simple flight through the American states. 

Foreigners intending to stopover in the US may need a US transit visa . 

When Traveling By Land

• Make sure your DACA permit or any authorization to leave the country is valid for the entire duration of your stay abroad. It is important to prevent it from expiring and always return to the US before your travel period ends.
• Carry USCIS documents proving your immigration status to facilitate your return.
• Confirm that there are no stopovers outside the US. Avoid unplanned landings that could complicate your return, such as stops due to bad weather or emergencies. This also applies when travelling by sea.

What To Keep In Mind When Traveling By Land Without Papers In The US?

If you are undocumented and planning to travel by land in the United States keep in mind the following guidelines:

For Public Buses And Trains

There have been cases where Border Patrol (USBP) agents have carried out immigration checks on buses and trains without court orders. Although the United States Customs and Border Protection ( CBP ) prohibits these actions, it is always advisable to know your rights to:

• Remain silent.
• Refuse searches of belongings.
• Present valid immigration documents.
• Record videos of immigration agents.
• Request the name and number of immigration officials.

For Other Ground Transport

Some foreigners may be eligible to drive legally and apply for a driver’s license in certain states. To do this, we advise checking with your state’s Department of Motor Vehicles ( DMV ) to confirm your eligibility.

If you are stopped by police or immigration authorities while driving:

• Stop the vehicle, turn it off, turn on the interior light, partially open the window and place your hands on the steering wheel.
• Show your driver’s license, registration and proof of insurance when asked by police.
• You may refuse to allow the search of your vehicle if requested by an immigration officer or agent. However, if the police believe there is evidence of a crime, they can proceed without your consent.
• Both drivers and passengers can remain silent. If you are a passenger, ask if you can leave; If so, do it quietly.

Can The Police Ask Me About My Immigration Status?

Yes, but you can remain silent, under the  Fifth Amendment  of the Constitution. It is important to note that you should not lie about your immigration status or provide false documents.

Recommendations for an illegal immigrant planning to fly Within The United States

Arrive Early At The Airport

When traveling to the USA, it is advisable to arrive at the airport well in advance due to possible delays with immigration. 

Arriving early helps avoid last-minute stress, ensuring a more enjoyable travel experience.

Bring The correct Documentation

When traveling by air within the United States as an immigrant, it is essential to carry all necessary documentation with you. For example, a valid passport with its respective  American visa .

It is recommended to carry copies of the documents as a precaution against loss. Also, bring additional documents, such as letters of employment or sponsorship. 

Know Your Rights

In addition to the rights you have when facing immigration in the US, you will also have them at the airport. This includes your right to privacy and personal belongings.

If you think your rights have been violated, please do not hesitate to contact our firm. Our attorneys will represent you.

This publication is aimed at informing about whether an undocumented person can travel by plane within the United States. However, this information is general, so it is recommended to consult your specific scenario with our immigration lawyers.

Frequently Asked Questions On An Illegal Immigrant Options To Fly Within The US

As a general rule, it is not possible to travel in or out of the United States with an expired passport or any other expired identification document. 

Yes, it is possible to travel through the United States with a Mexican passport, as long as the passport has not expired. 

Aircraft pilots have the right to refuse to fly with a passenger if they consider that passenger to be a threat to the safety of the flight. 

If you have a valid work permit, you can generally travel safely through all states in the country. However, it is important to always carry all possible identification documents with you. 

Lawyers In Los Angeles To Fix Papers In The United States

Although it is possible to even change your status from a visitor visa to a Green Card , it is a complex and stressful process. For these cases, an immigration lawyer can attend to his legal needs. 

Now that you know that you can travel within the United States without papers, you are much more informed to face this situation. 

In addition, you have the expertise of our lawyers from Lluis Law with more than 50 years of combined experience in immigration matters.

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Navigating Air Travel Restrictions for Undocumented Immigrants: Understanding ID Requirements for Domestic Flights in the US.

Air travel has become an essential mode of transportation in today’s world. Whether it’s for work, vacation, or personal reasons, millions of people fly domestically in the United States every year. However, for undocumented immigrants, air travel can be a daunting and confusing experience due to strict ID requirements. With recent changes in legislation and ongoing debates around immigration policies, it’s crucial for undocumented individuals to understand the rules and regulations around air travel. In this article, we will explore the various ID requirements for domestic flights in the US and provide guidance on how undocumented immigrants can navigate these restrictions.

The Legality of Domestic Air Travel for Undocumented Immigrants with Identification Documents in the United States.

There has been a lot of confusion and concern surrounding the ability of undocumented immigrants to travel domestically by air within the United States. Many people have been left wondering whether or not it is legal for undocumented immigrants to travel domestically by air with proper identification documents. Here is a breakdown of what the law says on this matter:

📋 Content in this article

What is an undocumented immigrant?

An undocumented immigrant is a foreign-born person who does not have a legal right to be or remain in the United States. This can include people who have entered the country unlawfully, as well as those who have overstayed their visas or had their visas expire.

Can undocumented immigrants travel domestically by air?

Yes, undocumented immigrants can travel domestically by air within the United States with proper identification documents. In fact, there is no federal law that prohibits undocumented immigrants from traveling within the United States. However, it is important to note that some states have enacted their own laws that may restrict the ability of undocumented immigrants to travel within their borders.

What identification documents are acceptable for undocumented immigrants to travel domestically by air?

Undocumented immigrants can travel domestically by air with a valid passport from their country of origin or with a government-issued identification document such as a driver’s license or a foreign ID card. It is important to note that the Transportation Security Administration (TSA) has specific requirements for identification documents that are acceptable for air travel.

What are the risks for undocumented immigrants traveling domestically by air?

While it is not illegal for undocumented immigrants to travel domestically by air within the United States, there are still risks involved. Undocumented immigrants may be subject to additional scrutiny and possible detention by immigration authorities. Additionally, some states may have laws that allow local law enforcement to inquire about a person’s immigration status, which could lead to deportation proceedings.

Undocumented immigrants can travel domestically by air with proper identification documents. However, it is important to be aware of the risks involved and to understand the specific requirements for identification documents set forth by the TSA. If you are an undocumented immigrant and have questions or concerns about traveling within the United States, it may be helpful to consult with an immigration attorney.

Remember, the law can be complicated, but it is important to know your rights and options. Stay informed and stay safe.

Legal Implications of Undocumented Immigration and Travel within the United States: The Case of Mexican Passports

Undocumented immigration and travel within the United States has become a major issue in recent years. One of the key factors in this debate is the issue of Mexican passports. Mexican passports are often used by undocumented immigrants to enter the United States and to establish their identity once they are in the country.

However, the use of Mexican passports by undocumented immigrants can have serious legal implications. Under U.S. law, it is illegal for undocumented immigrants to enter the United States without proper documentation. This means that using a Mexican passport to enter the country is illegal, and can result in deportation or other legal consequences.

In addition, using a Mexican passport to establish identity can also be problematic for undocumented immigrants. While Mexican passports are recognized as a valid form of identification in many situations, they are not recognized as a valid form of identification for purposes such as obtaining a driver’s license or opening a bank account.

Undocumented immigrants who use Mexican passports to establish their identity may find themselves facing legal challenges and difficulties in accessing basic services.

The Role of Immigration Law

Immigration law plays a significant role in the legal implications of undocumented immigration and travel within the United States. The Immigration and Nationality Act (INA) is the primary federal law governing immigration in the United States. Under the INA, undocumented immigrants who enter or attempt to enter the United States without proper documentation can be subject to deportation.

In addition, the INA sets out various categories of visas and other forms of documentation that allow non-citizens to enter and remain in the United States legally. These include visas for temporary workers, students, and refugees, as well as visas for family members of U.S. citizens and permanent residents.

The Consequences of Undocumented Immigration and Travel for Mexican Nationals

Mexican nationals who enter the United States without proper documentation face a range of legal consequences. These can include deportation, fines, and even criminal prosecution in some cases. In addition, Mexican nationals who are deported from the United States may be banned from re-entering the country for a period of time.

Undocumented immigration and travel can also have serious consequences for Mexican nationals who are already living in the United States. Undocumented immigrants may be denied access to basic services such as healthcare, education, and housing. In addition, they may be subject to exploitation by employers who take advantage of their lack of legal status.

The Importance of Understanding the Legal Implications of Undocumented Immigration and Travel

It is important for anyone who is considering undocumented immigration or travel within the United States to understand the potential legal consequences. This includes understanding the limitations of Mexican passports as a form of identification, as well as the potential consequences of entering the United States without proper documentation.

By understanding the legal implications of undocumented immigration and travel, individuals can make informed decisions about their immigration status and take steps to protect their rights and interests.

By understanding the role of immigration law and the potential consequences of undocumented immigration and travel, individuals can make informed decisions about their immigration status and take steps to protect their rights and interests.

• Undocumented immigrants who use Mexican passports can face deportation and legal challenges in accessing basic services.
• The Immigration and Nationality Act governs immigration in the United States and sets out various categories of visas and other forms of documentation.
• Mexican nationals who enter the United States without proper documentation face a range of legal consequences, including deportation and fines.
• Undocumented immigration and travel can have serious consequences for Mexican nationals who are already living in the United States, including denial of basic services and exploitation by employers.

Ultimately, understanding the legal implications of undocumented immigration and travel is essential for anyone who wants to protect their rights and interests in the United States.

Title: Understanding the Role of Immigration in Domestic Flights in the US.

Understanding the role of immigration in domestic flights in the us.

Domestic flights in the US are an essential part of the transportation system, connecting people across the country for work, leisure, and other purposes. However, many people are unaware of the role that immigration plays in these flights. Immigration refers to the movement of people from one country to another for the purpose of settling there permanently or temporarily.

Immigration laws in the US apply not only to international flights but also to domestic flights. This is because all flights within the US are subject to security measures implemented by US Customs and Border Protection (CBP).

CBP is responsible for ensuring the safety and security of all passengers and crew on domestic flights. Part of this responsibility includes checking the immigration status of passengers who are not US citizens. CBP has the authority to deny boarding or remove passengers who do not have the proper documentation or who are in violation of immigration laws.

Passports are the most commonly accepted form of identification for international travel, but they are not required for domestic flights. However, passengers traveling on domestic flights are required to provide a government-issued photo ID, such as a driver’s license or passport, to verify their identity.

It is also important to note that while immigration laws apply to all domestic flights, the level of enforcement can vary depending on the location and the airline. For example, flights to and from border states may have more rigorous immigration checks due to their proximity to the US-Mexico border.

Immigration plays a crucial role in domestic flights in the US, with CBP enforcing immigration laws to ensure the safety and security of all passengers and crew. All passengers on domestic flights are required to provide a government-issued photo ID to verify their identity. Additionally, it is essential to follow all immigration laws when traveling on domestic flights, as enforcement can vary depending on the location and airline.

• Immigration laws apply not only to international flights but also to domestic flights in the US.
• US Customs and Border Protection is responsible for ensuring the safety and security of all passengers and crew on domestic flights.
• Passengers traveling on domestic flights are required to provide a government-issued photo ID to verify their identity.
• Enforcement of immigration laws can vary depending on the location and airline.

John is a citizen of Canada and wants to visit his friend in New York. He books a domestic flight from Toronto to New York. When he arrives at the airport, US CBP officers ask for his passport and visa. John presents his passport and a valid US visa, allowing him to enter the US. CBP officers verify his identity and immigration status, and he is allowed to board the flight.

Legal Implications of TSA Screening Procedures for Individuals’ Immigration Status

The Transportation Security Administration (TSA) is responsible for ensuring the safety of air travel in the United States. As part of their screening procedures, they may ask individuals about their immigration status. This can have legal implications for those who are not authorized to be in the country.

It is important to note that the TSA is not a law enforcement agency and their primary focus is on aviation security. However, they are required to report any suspected violations of federal law, including immigration law, to the appropriate authorities.

For individuals who are not authorized to be in the United States, TSA screening procedures can lead to detention and removal proceedings. This can have serious consequences for their immigration status and ability to remain in the country.

It is important for individuals to be aware of their rights when going through TSA screening procedures. They have the right to remain silent and not answer questions about their immigration status. However, refusing to answer questions may lead to further scrutiny and delays in the screening process.

• Individuals should carry proper identification, such as a passport or visa, to avoid any confusion or suspicion during screening.
• If an individual is detained by TSA or other law enforcement agencies, they have the right to speak with an attorney and should exercise this right.

It is also important for individuals to understand the potential consequences of any actions they take during TSA screening procedures. Providing false information or documents can lead to criminal charges and further immigration consequences.

Overall, while TSA screening procedures may have legal implications for individuals’ immigration status, it is important to remain aware of one’s rights and responsibilities during the process.

A foreign national who is in the United States on a tourist visa is going through TSA screening at an airport. The TSA officer asks about their immigration status and the individual admits that their visa has expired. The TSA officer reports this to immigration authorities and the individual is detained and placed in removal proceedings.

Thank you for taking the time to read this article on navigating air travel restrictions for undocumented immigrants. We understand that the ID requirements for domestic flights in the US can be confusing and complicated, but we hope this article has provided some clarity and guidance.

Remember to always carry a valid form of identification when traveling domestically, and if you have any questions or concerns, don’t hesitate to reach out to an experienced immigration lawyer.

Safe travels and all the best!

Related Posts:

• Undocumented Immigrants and Domestic Air Travel: Legal Considerations
• Understanding the Air Travel Restrictions for Undocumented Immigrants in the United States
• Navigating Travel Restrictions in the US as an Undocumented Immigrant.
• Understanding the Marital Requirements for Citizenship for Undocumented Immigrants in the United States
• Travel Restrictions for Green Card Applicants: Navigating the Interview Waiting Period.
• Legal Pathways for Undocumented Immigrants: Navigating the Complex US Immigration System
• The Path to Legalization for Undocumented Immigrants in the United Kingdom
• The Legality of Marriage for Undocumented Immigrants in the United States.
• Exploring Eligibility for Undocumented Immigrants to Obtain Permanent Residency in the United States
• The Legal Implications of Undocumented Immigrants Working in the United States.
• Understanding the Travel Restrictions for Spouses Waiting for Green Card Approval in the US
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• How Long can Undocumented Immigrants Legally Stay in the United States?
• Legal Pathways for Undocumented Immigrants to Obtain Permanent Residency in the US
• Exploring the Path to Legal Status for Undocumented Immigrants in the United States
• Exploring Paths to Legal Residency for Undocumented Immigrants: A Comprehensive Analysis of Green Card Eligibility
• Legal Pathways for Undocumented Immigrants: Analyzing the Possibility of Gaining Legal Status After Living in the United States for Over 20 Years
• Navigating Immigration Law: Strategies for Undocumented Individuals to Remain in the United States.
• Legal Pathways for Undocumented Individuals: Navigating the Complexities of U.S. Immigration Law
• Understanding Parental Rights: Navigating Out-of-State Travel with Your Child’s Father
• Navigating the Path to Permanent Residency in the United States: A Guide for Immigrants.
• Navigating Travel to the United States with a Criminal Record from the United Kingdom
• Deportation Consequences of Marrying an Undocumented Immigrant: What You Need to Know
• Understanding the Legal Recourse for Canceled Flights in the United States
• Exploring Legal Options: Pursuing Compensation for Missed Flights Due to Airport Negligence
• Travel Eligibility for Green Card Holders: Understanding the Timeline
• Navigating the Marriage Process with a Non-U.S. Citizen: Understanding Legal Assistance Requirements
• Navigating the Path to Legal Immigration: A Comprehensive Guide to the Process and Requirements.
• Understanding the Legal Framework: Domestic Violence in the UK
• Understanding the Green Card Process: Navigating Interview Requirements.
• Understanding the Parameters of International Law Regarding Travel: Exploring the Legal Landscape
• Exploring the Litigation of Domestic Abuse Cases in the UK
• Understanding the Eligibility of Immigrants to Practice Law in the United States
• Understanding the Current Legal Framework for Domestic Violence in the UK

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Migrants in parole program do not receive free flights to the US

If your time is short.

• In 2023, the Biden administration let in about 327,000 people from Cuba, Haiti, Nicaragua and Venezuela through a parole program. 
• People granted parole do not receive free flights to the U.S. They buy their own plane tickets. 
• An app available to people in the parole program lets them check on their cases and get travel authorization. The app is not used to apply for or be granted parole.
• How does PolitiFact decide our ratings?  Learn more here.

Recent social media posts claimed that migrants can use an app to get free flights to the U.S. 

"Let’s see what is actually doing better under Biden?" the caption on a March 7 Instagram post says. The caption then lists several things, including, "300,000 illegal immigrants were able to use a simple app to get a free flight to our country along with the millions that were allowed to enter at our southern border!"

This post was flagged as part of Meta’s efforts to combat false news and misinformation on its News Feed. (Read more about our partnership with Meta , which owns Facebook and Instagram.)

Entrepreneur Elon Musk and former President Donald Trump amplified similar claims in a social media post on X and a speech , respectively. 

The claims appear to be based on a March 4 report by the Center for Immigration Studies, a think tank that advocates for reduced immigration and opposes a Biden administration parole program for migrants from certain countries.

The report says that the parole flights are creating security vulnerabilities at airports. But it doesn’t say migrants are receiving "free flights." 

The report’s author, Todd Bensman, said in a published follow-up statement that "re-reportings incorrectly said the government itself was ‘flying’ immigrants in, as though taxpayers were picking up the tab. As far as I know, that’s not true, nor have I ever reported anything other than that the program requires the migrants to pick up the tab."  

Bensman’s report says 320,000 people arrived in the U.S. through December 2023 through the parole program, which allows certain immigrants from four countries to live and work in the U.S. for up to two years. Official Customs and Border Protection data says that 327,000 Cubans, Haitians, Nicaraguans, and Venezuelans arrived in the U.S. from January 2023 through December 2023.

The Instagram post’s claim is wrong, though, saying that they used a "simple app to get a free flight" to the U.S. 

Applicants complete a process that requires a security and background check, a U.S. sponsor and does not involve an app. People granted parole status through this program have temporary legal status in the U.S. They also do not receive free flights to the country; rather, they buy their own plane tickets, Nicole Hallet, a University of Chicago Law School professor, told PolitiFact.

Featured Fact-check

And an app called CBP One is not used to apply for or receive parole. Program participants use the app to access information about their cases, get travel authorization and to complete a travel pre-screening to verify their identities.

In January 2023, the U.S. began accepting 30,000 people each month, collectively, from Cuba, Haiti, Nicaragua and Venezuela, through a parole program. It lets people legally enter, live and work in the U.S. for two years. To qualify, migrants need a U.S. sponsor. 

Although people paroled in are authorized to be in the U.S., the Department of Homeland Security has the discretion to terminate their parole if they violate U.S. laws. People who overstay a parole period also can be deported. 

Through Jan. 31, 2024 , more than 357,000 Cubans, Haitians, Nicaraguans and Venezuelans arrived lawfully and were granted parole. Haiti had the most program participants, with 138,000 people arriving from that country, followed by 86,000 Venezuelans, 74,000 Cubans and 58,000 Nicaraguans. The U.S. grants parole based on "significant public benefit or urgent humanitarian reasons."

Aaron Reichlin-Melnick , policy director at the American Immigration Council, posted March 11 on X that people who enter the U.S. through the parole program "are not ‘illegal aliens.’ They enter legally and have official permission to be here." He was responding to a March 11 X post from Sen. Ted Cruz, R-Texas, who called the program’s participants "illegal aliens." 

Texas Republican officials sued the Biden administration claiming that the federal initiative is illegal. A federal judge dismissed the lawsuit without ruling.

An Instagram post said that "300,000 illegal immigrants were able to use a simple app to get a free flight to our country." 

A Biden administration parole program allowed 327,000 migrants to legally enter the U.S. from Cuba, Haiti, Nicaragua and Venezuela from January 2023 through December 2023. They came in legally and are temporarily authorized to be in the country.

The app they use to track their case is not used to apply for or receive parole. Applying for the program requires a U.S. sponsor and background and security checks.

Once approved for the parole program, participants must pay for their own flights to the U.S.

We rate this claim False. 

PolitiFact Staff Writer Maria Ramirez Uribe contributed to this report.

Our Sources

Instagram, Post , Mar. 8, 2024

Snopes, Did Biden Secretly Fly 320K Unvetted Migrants to American Airports in 2023? , Mar. 7, 2024

ABC News, Fact Focus: Claims Biden administration is secretly flying migrants into the country are unfounded , Mar. 6, 2024

The Associated Press, Program that allows 30,000 migrants from 4 countries into the US each month upheld by judge , Mar. 8, 2024

The Daily Mail, Biden administration ADMITS flying 320,000 migrants secretly into the U.S. to reduce the number of crossings at the border has national security 'vulnerabilities' , Mar. 4, 2024

The New York Times, Trump’s Super Tuesday Speech: Assessing 10 False and Misleading Claims , Mar. 6, 2024

PolitiFact, Claims that Biden is ‘secretly’ flying immigrants into U.S. cities ignore key facts , Mar. 16, 2022

X post, Aaron Reichlin-Melnick , Mar. 11, 2024

X post, Ted Cruz , Mar. 11, 2024

X post, Michelle Hackman , Mar. 11, 2024

The Wall Street Journal, What Is Humanitarian Parole? How an Obscure Biden Immigration Policy Became So Controversial , Mar. 11, 2024

U.S. Department of Homeland Security, Fact Sheet: Data From First Six Months of Parole Processes for Cubans, Haitians, Nicaraguans, and Venezuelans Shows That Lawful Pathways Work , Jul. 25, 2023

PolitiFact, Is the Center for Immigration Studies a hate group, as the Southern Poverty Law Center says? , Mar. 22, 2017

Center for Immigration Studies, Government Admission: Biden Parole Flights Create Security ‘Vulnerabilities’ at U.S. Airports , Mar. 4, 2024

PolitiFact, US hasn’t announced plans to expand immigration humanitarian parole program , May 19, 2023

USCIS, Processes for Cubans, Haitians, Nicaraguans, and Venezuelans , accessed Mar. 13, 2024

American Immigration Council, CBP One: An Overview , Jun. 2023

Center for Immigration Studies, Fact Checking the Fact Check: CIS Reporting Stands , Mar. 7, 2024

PolitiFact, What's going on at the US-Mexico border, and what are asylum and parole? , Feb. 16, 2024

Interview with Ira Kurzban , immigration lawyer, Mar. 12, 2024

Interview with Nicole Hallet , Clinical Professor of Law, Director of the Immigrants’ Rights Clinic, Mar. 12, 2024

Interview with Mark Krikorian , Executive Director at the Center for Immigration Studies Mar. 12, 2024

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How TSA Explains Allowing Illegal Immigrants to Fly With You

Fred Lucas / @FredLucasWH / May 04, 2021

Illegal immigrants from El Salvador board a March 30 flight from Houston to New York after their release from a U.S. government holding facility for illegal aliens seeking asylum in McAllen, Texas. (Photo: Ed Jones/AFP/Getty Images)

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The Transportation Security Administration has an “established process” for identifying illegal immigrants who board domestic flights to a new home in America, a spokeswoman told The Daily Signal, although the Biden administration formally refers to this population as “ undocumented .”

The TSA was responding to a Daily Signal report Friday about such commercial flights carrying illegal aliens—specifically one that departed McAllen International Airport in Texas the day before—and the security waiver necessary for them to board without showing required identification. 

Amid the new surge of illegal immigrants at the southern border, the Biden administration has facilitated putting some of them on flights to cross the United States to new destinations at taxpayers’ expense. 

Although they are in the United States without government-recognized documentation after unlawfully crossing the border, the federal government allows groups of illegal immigrants to go through TSA security checkpoints in airports. 

>>> EXCLUSIVE: Illegal Immigrants Fly American, Courtesy of Biden Border Policy

In an email Saturday to The Daily Signal, spokeswoman Patricia Mancha wrote:

The Transportation Security Administration (TSA) has an established process to verify the identity of individuals who have received a Notice to Appear from U.S. Customs and Border Protection (CBP) and are ticketed for travel on a commercial airline.

TSA will continue to coordinate with CBP and use resources available to the agency to confirm the identity of every traveler to ensure that transportation security is not compromised. 

Mancha said the Transportation Security Administration identifies illegal immigrants using “accepted forms of immigration-issued documents.” 

These include the I-94 form for international travelers visiting the United States legally. 

The TSA spokeswoman also cited the I-862 form, which is a Department of Homeland notice to appear in immigration court for illegal immigrants who have been released from detention. 

Historically, many illegal immigrants who are released into the country don’t face a hearing in immigration court for months or years . 

Mancha also referred to Form I-385 , a so-called Alien Booking Record used by U.S. Immigration and Customs Enforcement. This document could include information obtained from the arresting or delivering officer such as name, sex, age, date of birth, birthplace, country of citizenship, and medical issues. 

However, many illegal immigrants are released into the U.S. soon after being apprehended at the border, said Mark Morgan, Acting Commissioner of U.S. Customs and Border Protection during the Trump administration after serving a short stint running Immigration and Customs Enforcement. 

“There is no way to 100% guarantee the identity of everyone coming across our borders illegally, especially when law enforcement organization’s facilities are dangerously overcrowded and are being pressured to release them as fast as possible,”   Morgan said of the illegal immigrants caught at the border. “The room for fraud is wide.”

Morgan was on an American Airlines flight Thursday out of the McAllen airport when he saw 14 illegal immigrant families or groups board the plane. 

An “established process” for non-illegal aliens exists for the TSA, on a case-by-case basis, to allow individuals to fly even without identification, but they must undergo a lengthy individualized screening process before eventually being allowed to board a flight to their final destination. This would include those whose identification was lost, forgotten, or stolen. 

“And it’s one thing to do a one-off for an American citizen where there are numerous ways we can verify someone’s identity through a network of U.S. controlled and operated systems vs. a systematic ‘waiver’ for an entire class of individuals—where no such equivalent verification systems exist and with no limit or end in sight,” Morgan told The Daily Signal.

Morgan currently is a visiting fellow in national security at The Heritage Foundation, the parent organization of The Daily Signal.

Driven by the new border crisis, Customs and Border Protection facilities have released some families who unlawfully entered the country to nongovernmental organizations and coordinated efforts to transport them, Morgan said. 

These NGOs receive federal, state, and private funding, so taxpayers indirectly pay for the flights.

The flights occurred during previous administrations, including the Trump administration, when detention facilities for illegal aliens were packed. But this process has accelerated with the current surge at the border, which critics have attributed to President Joe Biden’s rhetoric. 

The Department of Homeland Security and the TSA, which is part of that agency, did not respond to numerous inquiries from The Daily Signal before it published the initial report Friday. The White House also did not respond to requests for comment. 

Among unanswered questions is how many such flights carrying how many illegal immigrants have flown out of McAllen and other border city airports since Biden took office Jan. 20, where the illegal immigrants went, and how much these flights have cost taxpayers. Nor is it clear how many, if any, of the illegal immigrants are tested for COVID-19.

The Biden administration reversed most of the border security policies of the Trump administration through executive order—halting deportations and stopping construction of the border wall, among other measures .

Illegal immigrants, interviewed in recent news accounts, said they crossed the U.S.-Mexico border anticipating more accommodating policies from the new president. Fewer than 20% of illegal immigrants that encounter Customs and Border Protection agents have a credible claim that they fear conditions in their home country, according to government data .

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Illegal immigrants allowed to fly without any photo ID, TSA says

The Transportation Security Administration (TSA) has been allowing illegal immigrants to fly without providing any forms of identification, a new report says.

Since December 2018, TSA has permitted illegal immigrants released from custody to board domestic flights without having any of 15 forms of identification typically required for airline travel, the Washington Examiner reported exclusively on Thursday.

A TSA spokesperson told the Washington Examiner that illegal immigrants could fly without identification as long as they provided Department of Homeland Security (DHS) Form I-862, the “Notice to Appear” form that is provided to immigrants who have applied for asylum, passed a credible fear assessment, and could wait up to five years for a federal judge to decide their case.

The form can serve as identification because it is only issued after a background check has been conducted on the applicant while in federal custody, the spokesperson noted.

The TSA’s website lists 15 forms of identification acceptable to travel, which are:

• Driver’s licenses or other state photo identity cards issued by Department of Motor Vehicles (or equivalent)
• U.S. passport
• U.S. passport card
• DHS trusted traveler cards (Global Entry, NEXUS, SENTRI, FAST)
• U.S. Department of Defense ID, including IDs issued to dependents
• Permanent resident card
• Border crossing card
• DHS-designated enhanced driver’s license
• Federally recognized, tribal-issued photo ID
• HSPD-12 PIV card
• Foreign government-issued passport
• Canadian provincial driver’s license or Indian and Northern Affairs Canada card
• Transportation worker identification credential
• U.S. Citizenship and Immigration Services Employment Authorization Card (I-766)
• U.S. Merchant Mariner Credential

However, form I-862 is not listed as an acceptable form of identification, and it isn’t provided until 180 days after approval of a credible fear claim.

A U.S. Citizenship and Immigration Services (USCIS) official told the Washington Examiner that Form I-862’s sole purpose is to tell applicants when to appear in court, and it cannot authorize applicants to travel.

“TSA accepts identification documentation issued by other government agencies, which is validated through the issuing agency. All passengers are then subject to appropriate screening measures,” the TSA said in a statement to Washington Examiner.

Republican Rep. Steve King tweeted Wednesday, “Illegals enter the U.S. every day with no ID. Until recently, DHS didn’t even finger print those under 14 but has flown illegals of all ages to every state. No way they all have valid ID’s. If fly commercial, TSA has to be waiving the valid ID requirement.”

Illegals enter the U.S. every day with no ID. Until recently, DHS didn’t even finger print those under 14 but has flown illegals of all ages to every state. No way they all have valid ID’s. If fly commercial, TSA has to be waiving the valid ID requirement. https://t.co/owz7qPSyJq — Steve King (@SteveKingIA) June 5, 2019

Illegal immigrants may have used Form I-862s as identification for travel since 2014.

In 2014, Vice President of the National Border Patrol Council Shawn Moran  told KFOX14 that border patrol agents had observed TSA agents accepting the I-862 form and allowing the immigrants to fly.

“These documents are easily reproduced on any type of copier or home computer, they have no photographs, so there’s really no way to verify that the person holding them is actually who they say they are,” Moran told KFOX14 at the time. “We’re just concerned that the commercial transportation system could be exploited by somebody claiming to be another person.”

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Real ID Requirements and How They Will Affect Undocumented Immigrants

Undocumented immigrants are those who have either entered the country without going through the appropriate channels or have outstayed the duration of their visa. They, therefore, do not possess valid visas or immigration documentation. Although it is possible for an undocumented immigrant to obtain legal status , they are unlikely to possess an acceptable form of identification for use in the US, such as a driver’s license, social security card, or US-issued passport.

This can make certain aspects of their lives challenging, as it will be harder to travel, gain employment, purchase a vehicle, or access healthcare without a valid form of ID.And new changes coming into effect will have an even greater impact on undocumented immigrants, in the form of the Real ID Act. The passing of this law is designed to establish a minimum security standard for the issuance of identification, making identity documents more consistent and secure.

Read on to learn more about the Real ID requirements and how they will affect undocumented immigrants across the US.

What is Real ID?

• Accessing certain federal buildings
• Boarding domestic flights
• Entering nuclear power plants

The Real ID Act applies to drivers licenses and identification cards, and various federal agencies will be prohibited from accepting any such form of identification that does not meet the standards set by this new system.

A Real ID document or card will look different depending on the state the holder is from. Each state will issue Real IDs that feature a particular design unique to that state.

Who is eligible for Real ID?

In order to obtain a Real ID, an individual must provide proof of identity, state residency, and their current legal presence in the United States. This means an undocumented immigrant will be unable to apply for a Real ID, although they may still be able to apply for a drivers license or state identification that does not meet Real ID standards.

How do you obtain a Real ID?

In order to get a Real ID, individuals will need to apply through their state’s driver’s licensing agency. The exact documentation the applicant will be required to show may vary from state to state, but at a minimum will need to show proof of full legal name, residence, lawful status, and social security. Some states may impose additional requirements. After providing all the necessary documentation, applicants will have their identity verified and be issued a Real ID-compliant driver’s license or state identification card.

Can you fly domestically without a Real ID?

From May 2025, it will not be possible to board a domestic flight using a non-Real ID driver’s license or state identification card as the primary form of identification. However, if a passenger does not possess a Real ID, there are other forms of identity that will be accepted. This list includes US passports and permanent residence cards. Undocumented immigrants may therefore be able to fly domestically as long as they hold an approved form of identification on this list.

How will Real ID affect undocumented immigrants?

Once the deadline arrives, the Real ID Act will change the way undocumented immigrants can present identification for many purposes. If an undocumented immigrant currently holds a non-Real ID driver’s license or state ID card, this will not be accepted for domestic travel or accessing certain buildings.

Any other locations that require members of the public to show identification, such as bars and restaurants, will not mandate a Real ID compliant form of identification. Non-Real ID compliant identity documents can still be used for purposes other than the ones laid out in the new law.

Contact Davis & Associates For More Information

If you would like to learn more about the upcoming Real ID requirements and how they will affect you, get in touch with Davis & Associates today. Schedule a free consultation to discuss your situation and how we can help you.

SCHEDULE A FREE CONSULTATION   CALL Dallas 469-957-0508 CALL Houston 832-742-0066

About Davis & Associates:

Davis & Associates is the immigration law firm of choice in Houston & North Texas including Dallas, Fort Worth, Plano, Frisco, McKinney and surrounding areas. Their attorneys provide expert legal counsel for all aspects of immigration law, including deportation defense, writs of habeas corpus and mandamus, family-sponsored immigration, employment-sponsored immigration, investment immigration, employer compliance, temporary visas for work and college, permanent residence, naturalization, consular visa processing, waivers, and appeals. Attorney Garry L. Davis is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization.

Dallas Contact Info:                                                                                                                                                                                               Address: 17750 Preston Road Dallas, TX 75252                           Phone: (469)957-0508                                                                       

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Phone: (832) 742-0066

7 Things You Should Know If You’re Undocumented & Plan to Travel This Summer

With summer nearly here, we’re prepared for all the amazing photos of sandy beaches that will come to fill your social media feed. For many of us undocumented folks, we’ve resigned ourselves to living vicariously through the images our friends post online. But it doesn’t have to be that way. It’s true that traveling while undocumented presents challenges, but with planning and preparation, we can be out there taking our own “ are those hot dogs or your legs? ” beach photos. And undocumented immigrants don’t have to limit travel to just the contiguous United States, we can also experience the beautiful Isla de Encanto, be amazed by the Northern Lights in Alaska, or wind down on a Hawaiian beach.

I have traveled throughout California – where I live – as well as to New York, Chicago, and Las Vegas. I even took a plane to Florida before I ever had protection under the Deferred Action for Childhood Arrivals (DACA) program. If you find yourself wondering how I made it work, then check out the list below for tips from fellow undocumented folks.

Editor’s Note: Some of the names or last names of the undocumented travelers have been omitted or changed (marked by an asterisk) to maintain their privacy. 

Have identification ready.

Always carry your government ID with you. This can be your driver’s license and/or passport. You are able to obtain a passport from the consulate of your country of citizenship.

Verify the requirements for your state for domestic flights.

Most states will only require a government ID, such as a license for travel. However, soon a few other states may possibly require travelers to have a passport to travel domestically because of the Real ID Act .

I traveled to Florida prior to having DACA and all that was required of me was my Mexican passport. Being constrained by this invisible border should not stop us from exploring within our borders.

Have a safety plan.

If you do get stopped, you must know you have rights. You should also have a designated person or people to contact that can start mobilizing and spreading the word on your behalf. “Have an emergency contact,” Lunaadriana, who has 10 years of traveling experience, tells me. “Share your flight info and make a plan together about what to do. If anything goes wrong, arrange for them to know where important documents are.”

What you need to know if you're traveling outside the contiguous United States.

One of the most important things to verify is that your flight does NOT have a layover in a country that is not part of the US. This is unlikely, but it’s important to double check. But mostly, you should expect the same process. “My family traveled to and from California to Hawaii,” Maite*, who has traveled for more than 10 years with and without DACA, told me. “We are undocumented. We carried our passports as a form of ID.”

Sometimes, you’ll be subjected to extra searches. It’s crucial to remain calm. “I went to Puerto Rico in 2014 using my New York Driver’s License, but I always carry my permit with me as well, just in case,” 27-year-old Grecia Huesca says. “The TSA agent at LaGuardia just looked at my license when I went through security and didn’t ask any questions. I had no issue coming back either. I also think it is important to remain calm if they do any random security checks. I was once randomly selected and they tested my hands for chemical residue, and I tried to remember that I had nothing to worry about and stayed calm.”

Be mindful of checkpoints.

“Have a list of border patrol interior checkpoints and avoid them,” Luz*, a DACA recipient, says. Border Patrol can conduct checkpoints within 100 miles of the border. DHS sometimes enters buses or trains and asks for passengers’ documents. Know which ground transportation company has had the highest instances of DHS searches, and try to avoid those or exercise precaution if you have no legal status or protection.

“Last summer, my husband, who is a DACA beneficiary, and I took a three-week road trip. We camped in Utah, Wyoming, Montana, Washington, and Oregon,” Rojas, who has traveled with her husband for the last six years, says. “My husband took his work permit because we were going to be very close to the Canadian Border, we actually were about half a mile away, but never encountered any issues.”

Know where you are going.

There are states that have a higher tendency of racial profiling. States, such as Texas, Arizona, Utah, Florida, and North Carolina, are known for their anti-immigrant stances. You can easily choose to avoid those states, though it’s important to keep in mind that undocumented immigrants also live there. If you have a network in these places, you can ask the best ways to protect yourself.

Just do it.

Go ahead. Take that adventure you have always dreamed of. You can take it slow if it makes you feel comfortable. Start by taking small trips until you build the confidence to venture further.

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U.S. Immigration and Customs Enforcement (ICE) Air Operations (IAO) is ICE’s primary air transportation division. IAO facilitates the transfer and removal of noncitizens via commercial airlines and chartered flights in support of ICE field offices and Department of Homeland Security (DHS) initiatives.

IAO conducts the transfer and removal of detained noncitizens via charter and commercial air transportation:

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IAO also conducts Special High-Risk Charter flights. These flights are scheduled to countries or regions on an as-needed basis to repatriate noncitizens subject to final orders of removal to locations worldwide and may include noncitizens who have failed to comply with final orders of removal, security risks, or other risk factors.

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IAO stages a total of 12 aircraft at its operational locations in Arizona, Texas, Louisiana, and Florida.

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False claim migrants in the US illegally need passports for air or land travel | Fact check

The claim: Individuals in the US illegally must now carry a passport to travel by air or land

[ En Español : Falso: inmigrantes que están ilegalmente en EE.UU. necesitan pasaporte para viajar ]

A March 17 Instagram video ( direct link , archive link ) shows a man talking about immigration documentation.

"Immigrants who do not have legal immigration status from this moment on, if you want to travel, even within the United States whether on local flights or by land by vehicle, you must carry your passport from this moment on,” says the commentator in the video.

The post garnered more than 6,000 likes in five days.

More from the Fact-Check Team: How we pick and research claims | Email newsletter | Facebook page

Our rating: False

The Transportation Security Administration accepts passports and other forms of identification, such as a driver's license, for individuals who are in the country illegally and want to travel. Such travelers without passports will need to verify identities with facial recognition to travel.

The TSA accepts passports and other forms of identification

The TSA accepts various identification from travelers , including foreign government-issued passports and state-issued enhanced driver's licenses.   

“To travel domestically in the U.S., TSA requires a valid form of identification which can be either a state- or federal-issued identification document,” Kelley Ortega , an attorney at the Jaime Barron Immigration Law Group, told USA TODAY. “A foreign passport is also often accepted. In practice, lots of individuals who are apprehended and released at the border either have no passport or have their passport confiscated and, as such, would not be able to present a valid identification to travel by plane with TSA upon their release.”

The post may be based on a report from the Associated Press on March 14 that noted the government has started requiring migrants without passports to submit to facial recognition technology to verify their identity if they want to take a domestic flight. But there are no reputable reports of passports being required to travel at all, contrary to the post's claim that they are mandatory even for land-based travel.

Fact check : Biden didn't remove bald eagle from passports; photo placed on different page

For immigrants already in the country illegally, 19 states and the District of Columbia allow them to obtain driver’s licenses, according to the National Conference of State Legislatures. A driver's license is a document approved by the TSA for boarding a flight.

USA TODAY reached out to the user who shared the post for comment but did not immediately receive a response.

Our fact-check sources:

• Transportation Security Administration, accessed March 21, Acceptable Identification at the TSA Checkpoint
• Kelley Ortega, March 21, Email exchange and phone call with USA TODAY
• Associated Press, March 14, Migrants lacking passports must now submit to facial recognition to board flights in US
• National Conference of State Legislatures, March 13, 2023, States Offering Driver’s Licenses to Immigrants

Thank you for supporting our journalism. You can subscribe to our print edition, ad-free app or e-newspaper here .

USA TODAY is a verified signatory of the International Fact-Checking Network, which requires a demonstrated commitment to nonpartisanship, fairness and transparency. Our fact-check work is supported in part by a grant from Meta .

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VERIFYING 4 claims about the Biden administration’s migrant flights

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Large numbers of migrants continue to cross the southern U.S. border without legal authorization, keeping immigration policy a central point of debate during the 2024 presidential election season.

Tabloids like the Daily Mail have recently published stories that claim “325,000 migrants have been flown into the U.S. on secret flights under Biden.” Former President Donald Trump echoed this claim during a speech on March 5. Multiple VERIFY readers have emailed us inquiring about the claim.

We VERIFY four key questions about the migrant flights. 

THE SOURCES

• U.S. Citizenship and Immigration Services (USCIS)
• U.S. Customs and Border Patrol (CBP)
• Immigration and Nationality Act
• Congressional Research Service
• A report by the Center for Immigration Studies

QUESTION #1

Is there a program that allows migrants otherwise ineligible for admission into the U.S. to fly into the country?

Sign up for the VERIFY Fast Facts newsletter here . 

Yes. There are actually several programs that allow migrants who may otherwise be ineligible for admission into the U.S. to fly to an American airport. These programs exist as an option for such migrants to temporarily travel to or stay in the U.S.

These programs are authorized by The Immigration and Nationality Act (INA) and grant migrants “parole status.” Parole status allows DHS to temporarily admit people into the U.S. who would otherwise not be admitted in cases of “urgent humanitarian or significant public benefit,” U.S. Citizenship and Immigration Services (USCIS) says. For example, after the Russian invasion of Ukraine, the U.S. offered parole programs for Ukrainian citizens to travel to and enter the United States.

In some cases, the government authorizes a migrant to travel to the U.S. and request parole from a U.S. Customs and Border Patrol (CBP) officer at the airport; this is called advance parole.

Biden administration advance parole programs include Processes for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV) , Uniting for Ukraine and family reunification parole .

An individual who has been paroled into the U.S. has not been formally admitted to the U.S. and is still considered an applicant for admission.  

Any migrant granted advance parole must have a valid passport from their country of origin and a sponsor who can financially support them. Some of the programs, such as CHNV, will not admit parolees who have made prior attempts to enter the U.S. without authorization within the last five years. 

A migrant must submit an application to both request parole and receive advance travel authorization. USCIS says its officers consider "each request and the evidence provided on a case-by-case basis" including whether there is evidence of any "national security concerns" or "criminal history."

USCIS says that parolees are typically granted one year of parole, although some programs may grant different periods of parole — CHNV grants two. The parolee is granted work authorization during their stay and can reapply to extend their parole past its original expiration date. Otherwise, the migrant has to leave the U.S. when their parole period ends.

QUESTION #2

Are these programs secret?

No, these programs are not secret.

Information on parole programs is available on the USCIS and CBP websites and the flights migrants use are public, commercial flights booked and paid for by themselves. However, certain data on these programs are not public.

Trump’s comments and reader questions originate from a report by the Center for Immigration Studies , a nonprofit organization that conducts research on U.S. immigration policy and is described by the Southern Poverty Law Center as an “anti-immigrant hate group.” According to the report, 320,000 inadmissible migrants arrived at 43 U.S. airports through parole programs from January to December 2023. 

The CIS claims their data came from a Freedom of Information Act (FOIA) request, but CIS did not make that data public.

There is no official publicly available data on how many migrants enter the U.S. by air through the advance parole process. U.S. Customs and Border Protection (CBP) data says 1.1 million migrants entered the U.S. by air in 2023, but those numbers include all migrants, including those who have been granted full, permanent admission into the United States.

People wishing to participate in one of these programs can request an appointment with CBP through the CBP One mobile app. These appointments can be held at airports or at official ports of entry along the border. According to CBP data , 459,000 people successfully scheduled appointments through the CBP One app between January 2023 and the end of January 2024.

While we can’t confirm that 320,000 advance parolees entered the U.S. by air in 2023, it is feasible based on total migrant air travel and CBP One app statistics.

QUESTION #3

Does the government pay for the migrants’ flights?

No, the government does not pay for the migrants’ flights.

Once someone is granted an appointment with a CBP agent in the U.S. and receives authorization to travel, they are responsible for the cost of travel to the United States. This authorization does not guarantee an applicant will get to stay in the country once they arrive; a CBP officer could choose to deny the migrant parole after their appointment at an official port of entry — in this case, the airport.

Additionally, the government only authorizes parolees who can prove they have a sponsor capable and willing to financially support them. 

QUESTION #4

Is this a new program?

No, this is not a new program.

According to a Congressional Research Service report , the U.S. has been using parole programs to admit refugees beginning in the 1950s. The 1996 Illegal Immigration Reform and Immigrant Responsibility Act established parole’s current use “on a case-by-case basis for urgent humanitarian reasons or significant public benefit.”

For example, the Cuban Family Reunification Parole (CFRP) has allowed potential Cuban migrants with family members in the U.S. to request advance parole since 2007, the Congressional Research Service report says.

This story is also available in Spanish / Lee este artículo también en español:  Verificamos 4 afirmaciones sobre los vuelos de inmigrantes de la administración Biden

Related Articles

• Viral photo of migrant caravan wasn’t taken during Biden’s presidency
• Viral post falsely claims ‘illegal migration’ has grown tenfold between 2017 and 2023
• No, the president can’t completely close the border via executive order

The VERIFY team works to separate fact from fiction so that you can understand what is true and false. Please consider subscribing to our daily newsletter , text alerts and our YouTube channel . You can also follow us on Snapchat , Instagram , Facebook and TikTok . Learn More »

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Payback: 90% of illegal immigrants in secret program flown to Florida and Texas

T he Biden administration’s program of secretly flying illegal immigrants directly from Latin America to U.S. cities dumps over 90% in hubs of two Southern states governed by the president’s harshest border critics, according to government data.

Some 347,959 migrants allowed into the secretive system fly directly to airports in Florida and Texas, with Florida receiving the vast majority at 325,995, according to an analysis of U.S. Customs and Border Protection numbers by the Center for Immigration Studies.

It is unclear how many of the immigrants fly on to other U.S. cities, though the government has said there are over 40 final destinations.

“This early evidence suggests that a great many of these inadmissible alien passengers, probably a majority, initially land at international airports in Republican Gov. Ron DeSantis’s Florida," said CIS, which reported that the program has let in 386,000 people since October 2022. "In fact, Florida turns out to be the top landing and U.S. customs processing zone for this direct-flights parole-and-release program, tallying at nearly 326,000 of the initial arrivals from inception through February."

Investigator Todd Bensman said the program allows “aspiring illegal border crossers” from nine Latin American countries to buy an airline ticket to fly directly to the city of their choice, where they are processed and let go.

“Begun in October 2022 for Venezuelans and expanded in January 2023 to Cubans, Haitians, Nicaraguans, and Colombians, the program approves flight travel authorizations for aspiring illegal border-crossers still in other countries to instead arrange commercial airline passage for themselves over the southern border and then receive temporary but easily renewable ‘humanitarian parole’ from CBP officers at the airport," Bensman said in his new report. "One incentive to dissuade beneficiaries from illegal border crossings is that the parole program comes with eligibility for renewable work permits."

Bensman and CIS have been fighting with the administration for clearer data on where the illegal immigrants end up, but the Department of Homeland Security has refused to cough up the information, citing security concerns.

Bensman said state and local authorities should know what they are facing.

SEE THE LATEST POLITICAL NEWS AND BUZZ FROM WASHINGTON SECRETS

“Public knowledge of where these flights deliver migrants should matter to local, state, and national leaders in cities struggling with migrant influxes, who could use the information to financially plan for their care or petition the federal government to stop the flights," he said. "The information may also hold implications for litigation by Texas, Florida, and other states that have sued to stop the parole programs on grounds that the administration's illegal abuse of the narrow statutory parole authority has directly harmed them."

The administration has refused to work with Texas or Florida on the surge of illegal immigrants entering the states. DeSantis and Gov. Greg Abbott (R-TX) have bused and flown some of the illegal immigrants to northern “sanctuary cities” governed by liberal mayors, including Chicago, Boston, and New York City.

The border needs fixing, but not because migrants are dangerous

Most immigrants, authorized and unauthorized alike, are more law-abiding than native-born americans..

To Americans alarmed by the loss of control at the US-Mexico border, nothing is more enraging than the murder of an American citizen by a migrant who is in the country unlawfully.

A recent grim example was last month’s killing of Laken Riley, the 22-year-old nursing student who was abducted while jogging at the University of Georgia. The suspect in the case, Jose Antonio Ibarra, entered the United States illegally in 2022 and was apprehended by Border Patrol agents. But he was released on parole, allowing him to remain until his asylum claim could be adjudicated. Over the next 18 months, though he was arrested on various charges in multiple jurisdictions , he was never deported. He is accused of attacking Riley with a blunt object, fatally “disfiguring her skull,” and then attempting to hide her body.

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During his State of the Union address on March 7, President Biden mentioned Riley’s death, which has become a cause célèbre among Republicans and immigration hardliners. He said his “heart goes out” to the parents of “Lincoln [sic] Riley, an innocent young woman who was killed by an illegal.” Among some members of Biden’s party, there appeared to be more consternation over his use of the word “illegal” than over the death of the innocent victim.

There have been other cases of tragic deaths caused by migrants who were in the country unlawfully.

In 2016, Sarah Root was killed when a drunk and speeding driver, Eswin Mejia , slammed his truck into her car. Mejia, an illegal immigrant from Honduras, was charged with vehicular homicide, but he made bail and disappeared.

Just days ago, Brandon Ortiz-Vite — a Mexican citizen who twice broke the law to enter the United States — was charged in Grand Rapids, Mich., with carjacking and felony murder for the killing of Ruby Garcia, whose body was dumped on the side of a highway. In February, police in Maryland arrested Nilson Trejo-Granados in connection with the killing of 2-year-old Jeremy Poou Caceres , who was killed in the crossfire of a shootout. The suspect is an undocumented El Salvadoran national with numerous previous arrests. He was repeatedly set free by Montgomery County, Md., authorities, despite several Immigration and Customs Enforcement requests for his detention.

Such tragic episodes are travesties. They make a mockery of the law. They inflame a sense that disarray at the border has become the most critical threat facing the nation . Above all, they are a boon to anti-immigration demagogues who claim falsely that illegal migrants are more likely to commit murder, rape, and other violent crimes than US-born citizens.

I repeat: who claim falsely. Nativists like Donald Trump have long promoted the idea that foreigners who enter the country without lawful documents are “ criminal aliens ” and pose an abnormally serious peril to public safety.

However popular that belief may be in some circles, it isn’t true.

Researchers have confirmed again and again that immigrants to the United States — authorized and unauthorized alike — are significantly less likely than native-born citizens to commit serious crimes or be in prison. For example, a peer-reviewed 2020 study published by the National Academy of Sciences found that “undocumented immigrants have substantially lower crime rates than native-born citizens and legal immigrants across a range of felony offenses.” Last month, Cato Institute scholar Alex Nowrasteh, who has been studying the connection between immigration and crime for years, released a new paper based on data from Texas, the only state that records the immigration status of people arrested and convicted of various crimes. His calculations established that the homicide conviction rate in Texas is 2.4 per 100,000 among undocumented immigrants — lower than the rate of 2.8 per 100,000 for native‐born citizens.

It should go without saying that statistics on the rarity of violent crime committed by immigrants who crossed the border illegally don’t mitigate the horror suffered by victims like Laken Riley and Ruby Garcia or the pain endured by their loved ones. Violent criminals ought to be arrested, prosecuted, and punished regardless of their immigration status, and convicted offenders who aren’t citizens should be deported. It’s unconscionable that “sanctuary” jurisdictions impede the government’s ability to remove the tiny number of undocumented migrants who are discovered to be dangerous lawbreakers.

It is likewise unconscionable to pretend that the violent crimes committed by an atypical sliver of those immigrants prove that immigrants are making the country less safe. Immigrants tend to be unusually law- abiding . True, there are appalling outliers. But public policy should be based on the rule, not the exceptions. Trump and other nativist agitators on the right harp on the exceptions because it advances their long-standing anti-immigrant agenda. Yet one could just as readily point to spectacular acts of goodness performed by unlawful migrants as a reason to throw the gates open.

On the day of the Boston Marathon terror attack, to mention just one notable local example, Carlos Arredondo instinctively ran toward the explosion, laboring without letup to rescue victims from the debris. In a famous photo , he can be seen helping to rush Jeff Bauman to an ambulance. To prevent Bauman, whose legs were shredded, from bleeding to death, Arredondo had the presence of mind to grip a protruding femoral artery and use his fingers to pinch it shut. Bauman might well have died had Arredondo not reached him in time. Arredondo was a Costa Rican native who entered the United States illegally when he was 19 years old.

Does that prove that migrants ought to be admitted without restriction? Of course not. Some undocumented migrants shed blood. Some turn out to be remarkable lifesavers. The vast majority, however, avoid the limelight and do what immigrants have always done — they work hard to improve their lives and care for their families. Overwhelmingly, they stay out of trouble.

Given the chaos at the border, few would deny that America’s immigration policies badly need fixing. But it doesn’t help the cause of reform to focus on the aberrations. Rabble-rousers who exploit tragedies to demonize all undocumented immigrants are only making a difficult situation worse and deserve nothing but contempt.

Jeff Jacoby can be reached at [email protected] . Follow him on X @jeff_jacoby . To subscribe to Arguable, his weekly newsletter, visit globe.com/arguable .

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