Increased Immigration Enforcement Risks Associated With Domestic Air Travel

Recent statements by senior Transportation Security Administration (TSA) officials, coupled with longstanding passenger data collection requirements, suggest that employers and foreign nationals should be aware of the increasing role that domestic travel information may play in immigration enforcement efforts.

During a January 2026 House Homeland Security Committee hearing, TSA's senior official performing the duties of the Administrator confirmed that TSA is supporting US Department of Homeland Security (DHS) immigration enforcement efforts by assisting Immigration and Customs Enforcement (ICE) with information verification through existing government systems. While TSA emphasized that it does not transmit all passenger data directly to ICE, the Agency acknowledged that it is helping ICE "check against information" and is supporting DHS's immigration enforcement mission.

This development highlights the growing intersection between aviation security programs and immigration enforcement.

What Information is Being Collected?

For domestic travel, airlines are required to collect and transmit Secure Flight Passenger Data (SFPD) before a ticket may be issued. This information includes:

• Full legal name;
• Date of birth;
• Gender; and
• Redress or Known Traveler numbers, when applicable.

The Secure Flight program uses this information to vet passengers against government watchlists and other databases before travel. TSA describes the program as a risk-based passenger screening system designed to identify both low-risk and high-risk travelers.

For international travel, airlines additionally transmit information through the Advance Passenger Information System (APIS) to US Customs and Border Protection (CBP) and other government agencies. APIS may include passport details, nationality, country of residence, travel document information, and, in some cases, a US destination address.

Why This Matters

Historically, Secure Flight and APIS were viewed primarily as aviation security and border-screening tools. Recent TSA statements reinforce that information collected through these programs may also support broader DHS immigration enforcement objectives through interagency information sharing.

Although no new reporting obligations have been announced, foreign nationals should assume that domestic and international travel records may be readily accessible to DHS agencies for verification and enforcement purposes.

Key Risks for Foreign National Employees

Employers and foreign nationals should be aware of several potential risks:

• Increased Visibility of Domestic Travel Activity: Domestic airline travel generates Secure Flight records that include personal identifying information transmitted to TSA.
• Cross-Referencing with Immigration Databases: DHS agencies may compare travel records with immigration records, visa information, removal orders, overstays, or other enforcement databases. TSA has specifically confirmed that it is supporting DHS immigration enforcement efforts.
• Additional Scrutiny During Travel: Individuals whose records contain discrepancies or who have unresolved immigration issues may face additional questioning, delays, or screening. Secure Flight and APIS programs are designed to verify traveler identities against government databases.
• Greater Exposure for Individuals with Pending Immigration Matters: Foreign nationals with pending extensions, changes of status, reinstatement requests, adjustment applications, removal proceedings, or other unresolved immigration matters should carefully evaluate travel plans with immigration counsel before traveling.
• Data Inconsistencies Can Create Issues: Differences between passports, immigration filings, employer records, airline reservations, or government identification documents may increase scrutiny and delay travel processing. Secure Flight requires traveler information to match government-issued identification.

Increased Risks for Individuals in Less Certain Immigration Statuses

In addition to the broader risks discussed above, immigration practitioners have recently reported incidents involving foreign nationals being detained or subjected to additional questioning while attempting to board domestic flights. Although these reports are anecdotal and do not reflect a formal change in government policy, they appear to involve multiple airports and highlight the increased risks associated with domestic travel for certain foreign nationals.

Particular caution may be warranted for individuals who:

• Have a pending adjustment of status application (Form I-485) and no longer maintain valid underlying nonimmigrant status;
• Have a pending asylum application;
• Have a pending extension of stay or change of status application;
• Are relying on a period of authorized stay based on a timely filed extension petition;
• Have expired visa stamps or expired underlying status but remain lawfully present based on a pending filing;
• Have removal, reinstatement, or other enforcement-related matters pending; or
• Have questions regarding maintenance of status.

Importantly, reports have included individuals whose lawful status had expired but who were in a period of authorized stay based on pending adjustment of status or asylum applications. Reports have also involved individuals who did not have criminal histories and who possessed valid employment authorization documents (EADs) or Advance Parole documents. While a pending application may provide authorized stay and, in some cases, work authorization or travel authorization, it does not necessarily eliminate the possibility of enforcement encounters or additional scrutiny during domestic travel.

Foreign nationals whose ability to remain in the United States depends primarily on a pending application or petition should carefully assess domestic travel plans, carry documentation demonstrating their current immigration status or authorized stay, and consult immigration counsel before travel if there are any questions regarding their immigration situation.

Practical Recommendations for Foreign Nationals

Foreign nationals should consider carrying documentation that demonstrates their current immigration situation, including, where applicable:

• Passport and government-issued identification;
• Form I-94 records;
• US Citizenship and Immigration Services (USCIS) receipt notices for pending applications or petitions;
• Employment authorization documents (EADs);
• Advance parole documents;
• Form I-797 approval notices; and
• Recent employment verification letters.

Foreign nationals should also ensure that USCIS has their current residential address. US immigration law generally requires most non-US citizens residing in the United States to notify USCIS of a change of address within 10 days by filing Form AR-11.

Compliance Tips for Employers

Given the increased focus on information sharing among DHS agencies, employers should take proactive steps to strengthen immigration compliance programs, including:

• Conducting Internal Immigration Compliance Reviews: Review I-9 files, employment authorization documents, and immigration records to ensure they are complete, accurate, and up to date.
• Filing Immigration Extensions and Amendments Early: Identify upcoming expiration dates for visas, I-94 records, EADs, and petition validity periods and initiate extension filings well in advance.
• Ensuring Consistency Across Records: Verify that employee names, job titles, work locations, compensation information, and employment dates are consistent across human resources (HR) records, immigration filings, payroll systems, and government documents.
• Preparing Employees Before Travel: Foreign national employees should travel with copies of relevant immigration documents, including passports, visa stamps, I-94 records, approval notices, receipt notices, and employment verification documentation where appropriate.
• Establishing Internal Response Protocols: HR personnel and managers should know whom employees should contact if they encounter immigration-related travel issues, secondary inspection, detention, or government inquiries while traveling.
• Reviewing Worksite Changes and Remote Work Arrangements: Employers should ensure that remote work arrangements, relocations, or changes in work location are properly addressed under applicable immigration requirements and reflected in government filings where required.
• Paying Particular Attention to Employees with Pending Filings: Employers should recognize that employees who are lawfully remaining in the United States based on a pending adjustment application, extension petition, or change of status filing may nevertheless experience increased scrutiny while traveling domestically. Employees in these situations should be encouraged to consult immigration counsel before travel and carry documentation demonstrating their current authorization to remain in the United States.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.