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Guide for Undocumented Individuals Traveling in the U.S. – IMMIGRANTS RISING
This document provides an overview of some recommendations available to the public regarding safe travel protocols.
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HOME/RESOURCES/GUIDE FOR UNDOCUMENTED INDIVIDUALS TRAVELING IN THE U.S.
GUIDE FOR UNDOCUMENTED INDIVIDUALS TRAVELING IN THE U.S.
THEMES/TOPICS: Law & Policy
GEOGRAPHY: California, National
AUDIENCE: Ally, Educator, Undocumented Youth
Traveling in the U.S. can be a complicated and stressful process for anyone—even more so if you’re undocumented! But it doesn’t have to be complicated. If you’re thinking of traveling as an undocumented person (with or without DACA) and are curious about how to travel safely, read on. Safe travels, undocu-travelers!Note: This document is not intended to serve as legal advice and is not a substitute for obtaining legal advice from a qualified attorney.Introduction
CONTENTS Domestic Flights
Ground Transportation: Public Buses & Trains
Ground Transportation: Driving
Traveling to U.S. Territories
All travelers flying on a domestic flight must present a valid (unexpired) photo ID issued by the state or federal government. Undocumented individuals may use the following forms of ID accepted by TSA:
State photo identity card
State driver’s license
Foreign passport (must be unexpired1)
U.S. Citizenship and Immigration Service Employment Authorization Card
Trusted traveler cards such as the NEXUS, SENTRI and FAST cards issued by the Department of Homeland Security (“DHS”)
Native American tribal ID cards
Airline or airport photo ID cards issued in compliance with TSA regulations and transportation worker ID credential
For a full list of TSA-acceptable forms of ID click here.
PREPARING FOR YOUR DOMESTIC FLIGHT1. Have identification ready.
Make sure that when you book your flight, the name on your ticket is an exact match with the ID you will be using.2. Secure your devices.
The government is allowed to ask you for your phone, but you do not have to provide your password. Keep your information secure; protect your devices with a number or word security password (as opposed to a pattern or a fingerprint).3. Develop a safety plan.
In case you get stopped, designate at least 2 people to have access to your important documents, and contact info for your attorney/community organizations and family/friends. Share your flight info with them before traveling and discuss what to do in case anything goes wrong.
FAQ REGARDING DOMESTIC FLIGHTS
What is considered a “domestic flight” in the U.S.?
Can I fly to Hawaii or Alaska as an undocumented traveler?
Do I need to have a REAL ID License to board?
Do I have to respond to the TSA/ICE/CBP agent’s questions?
Can a TSA agent search my luggage and personal items?
Can a pilot order me off the plane?
(CA ONLY) Can I fly with an AB 60 License?
Can I fly with a foreign passport or Employment Authorization Document Card?
GROUND TRANSPORTATION: PUBLIC BUSES & TRAINS
There have been reports, especially during the Trump Administration, of Border Patrol agents conducting immigration checks without warrants on buses and trains, such as Greyhound and Amtrak. Although Customs Border Patrol (CBP) has publicly said that its agents are prohibited from boarding buses/trains and questioning passengers without warrants or a company’s consent, it’s a good idea for any passenger to be aware of the following rights:
You have the right to remain silent.
When in doubt, do not answer questions about your citizenship or immigration status or sign any paperwork without the advice of a lawyer. Do not lie – silence is often better.
If you have valid immigration papers, you can provide them. Never provide false documents.
You can refuse a search of your belongings by saying “I do not consent to a search.”
You have the right to record video of immigration agents.
If you are stopped or searched, you have the right to ask for the officer’s name / ID number.
FAQ REGARDING GROUND TRANSPORTATION
Can I travel without a photo identification when using the local subway?
Can I travel without a photo identification when using a bus?
GROUND TRANSPORTATION: DRIVING
Like citizens, certain non-citizens may be eligible to drive legally. In some states, certain non-citizens are eligible to apply for a driver’s license. Check your state’s Department of Motor Vehicles (DMV) to determine if you are eligible to apply for a driver’s license regardless of your immigration status. If you are stopped by either law enforcement or immigration enforcement while in your car, consider the following recommendations:
Stop the car in a safe place as quickly as possible. Turn off the car, turn on the internal light, open the window part way, and place your hands on the wheel.
Upon request, show the police your driver’s license, registration, and proof of insurance.
If an officer or immigration agent asks to search your car, you can refuse. However, if the police believe your car contains evidence of a crime, they can search it without your consent.
Both drivers and passengers have the right to remain silent. If you’re a passenger, you can also ask if you’re free to leave. If yes, silently leave.
▷ Can an illegal immigrant fly within the US
Knowing if an illegal immigrant can fly within the US is key. ⭐ Our lawyers tell you everything you need to know nowadays.
Can An Illegal Immigrant Fly Within The US
Post author: Lluis Law Post published: May 29, 2022 Post category: Immigration
Among the most frequently asked questions that we receive in our office we find: Can an illegal immigrant fly within the US?
So, can I really travel by plane while being illegal in the USA? In this article we will answer this and other related questions.
In addition, you can always call our immigration lawyers in Los Angeles at Lluis Law. The firm offers the most efficient service to obtain any of the different types of American visas and we will show you also how to obtain the Green Card. For now let’s delve into knowing more about how can an illegal immigrant fly within the US.LATINOS WITH OVER 50 YEARS EXPERIENCETell Us Your Case
We Can Help You Table of Contents
Can An Illegal Immigrant Fly Within The US In 2022
If you are wondering if you can travel within the United States if you are undocumented, the answer is yes, you can travel within the United States without papers. However, there are risks to be aware of.
Undocumented immigrants traveling through the US are often intercepted by immigration authorities. In addition, their lack of legal status makes it difficult for them to leave or enter the United States.
Also, the following should be taken into consideration:
In order for an undocumented person to fly within the United States, they must submit one of the following documents to the airline:
State identification document;
State driver’s license.
As of May 2023, only identification documents and driver’s licenses in the REAL ID format will be accepted .
To get this document, the applicant must prove that they are in the US. Otherwise, after that date, they can only board a plane using the foreign passport of the country of origin.
Undocumented immigrants who want to travel outside the US will not be able to use their state ID or driver’s license, as they are only allowed to board the plane using their passport.
Thus, as part of the new law to travel within the United States in 2022, undocumented immigrants must use their foreign passport both for travel within and outside the country.
Ground travel between different US cities depends on the transportation company, as some may or may not ask for identification. It is advisable to contact the transport company in advance to know the documents they require. Likewise:
Public transport trips within a city do not require any type of identification. For example, take the subway in Los Angeles or a bus in New York;
If you cross the border into Canada or Mexico, you must have your passport on hand.
Travelling By Sea
Sea travel has ID requirements very similar to land travel:For travel within the US, the required documentation depends on the transport company. It is advisable to contact them in advance to find out what documentation is required.For travel outside the US, the passport must be submitted to the transportation company.
There are many who are looking for information on how someone can travel illegally within the United States and if you read on we will show you the options and implications.
In addition to knowing how can an illegal immigrant fly within the US, perhaps you did not receive the entry stamp to the country. This is something different and in this case we invite you to read our article “My passport wasn’t stamped when I entered US“.
Requirements To Travel Within The United States In 2022
Next, we will show in detail some of the documents that can be submitted to meet the requirements to travel by plane within the United States:
US or foreign passport;
Driver’s license issued in any state;
US passport card;
Transportation Worker Identification Credentials (TWIC®);
Canadian Provincial Driver’s License or Indigenous and Northern Affairs Canada (INAC) card;
Registered Traveler Card (must include name, date of birth, expiration date, gender, and a counterfeit protection feature);
Department of Homeland Security (DHS) Enhanced Driver’s License;
Permanent Resident Card (Green Card);
Border crossing card;
United States Military ID;
DHS “Trusted Traveler” cards (NEXUS, SENTRI, FAST, Global Entry);
Driver’s licenses or other state photo cards issued by a Department of Motor Vehicles (or its equivalent) that meet REAL ID requirements;
An identification issued by an airline or an airport, if issued with a security plan authorized by the Transportation Security Administration (TSA).
In the following link you can find the list of valid identifications of the security controls of TSA.
Considerations To Take Into Account
Non-US or Canadian citizens are not required to carry their passports if they have documents issued by the US government. For example, the Green Card.
Can An Illegal Immigrant Travel Within The US?
Can an illegal immigrant travel within the US? NJ immigration lawyer Andres Mejer answers your question. Contact him at 888.505.2017 to learn more.
New Jersey Immigration Attorney
We Are Here 24/7 Call Now! (888) 695-6169
Can An Illegal Immigrant Travel Within The U.S.?
What Every Undocumented Immigrant Should Know Before Traveling in the U.S.
Many undocumented immigrants travel freely throughout the U.S. without encountering immigration officials. Let’s be clear. Undocumented immigrants can be detained at any time and for almost any reason. The more that an undocumented immigrant is in places where there are heightened security risks, like airports, the higher risk of detention. Generally, you are unlikely to have a problem if you travel by car, bus, or train unless you visit an area near a land border. For example, the Southern parts of California, Texas, Arizona, or in the North in places like Niagra Falls, NY near the Canadian border. Border areas get increased scrutiny and you are more likely to encounter an immigration official. However, if you have a valid U.S. issued identification card, like a driver’s license you are likely not to have a problem.
What do you mean with a U.S. driver’s license I am less likely to have a problem?
Let’s stay you are taking a bus from New York to New Jersey. Immigration officials come onto the bus. It is rare, but it happens. They come to you and ask you for your identification. If you provide them a foreign passport they will almost certainly inquire further. How did you come to the U.S.? Are you here legally? Those are just two of the obvious questions the officials will ask. Whereas, if you show them a U.S. issued driver’s license they are less likely to ask you anything else.
What about Air Travel inside the U.S.?
Many of my clients have flown within the U.S. without incident. The risk is higher. To board an airplane, all travelers must present a government-issued ID. A foreign passport meets that requirement. Of course, if immigration officials review your documents you could be detained. However, if you are in removal proceedings you can travel. You will need to produce your (1) Notice to Appear (Form I-862) issued by the Executive Office of Immigration Review; and (2) your ID (even foreign passport). If you are issued a Notice to Appear it means that you have already been interview by immigration officials and they have started proceedings to deport you from the U.S. They generally have no reason to detain you, again.
What if I am stopped by an Immigration Official?
In case you are stopped by immigration officials, you are not obligated to answer their questions beyond providing your identification. If immigration doesn’t know you are undocumented and they don’t have an order for your arrest, you will be likely released. If you tell them you are undocumented you likely will be detained. You have the right to remain silent. Use it.
How can I find out if I Qualify for Legal Status?
If you are undocumented you need to be prepared for this. It can happen at any time on any day. You can be a passenger in a car or in your home or at work. I have represented clients who have faced immigration officials under all three circumstances. You must be prepared. If you qualify for legal status, don’t wait to get started today. One out of every three undocumented persons now qualifies for Deferred Action for Childhood Arrivals or another immigration program. If you don’t know if you qualify, call 888-695-6169 or click the “Do You Qualify” button on this page, and answer the questions to find out instantly.
If you don’t qualify for legal status, you need to have all your family identity documents, proof of residence in the U.S., and proof of good moral character stored in a safe place. Ideally, your immigration attorney should have a copy and your family members know how to access it. When you are detained, you want to make it as easy as possible for your family to help you get out. We can help you prepare.
If you have any immigration questions or concerns about traveling inside the United States or abroad, you can:
Call 888-695-6169 to speak to our knowledgeable staff;
Fill out the contact us form on this page;
Select the live chat feature to speak to someone right away.
We help immigrants, one petition at a time.
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