Over the past few days, members of the American Immigration Lawyers Association have reported an increase in clients being detained by DHS at U.S. airports during domestic travel. This is occurring across the country, including in California, Colorado, Florida, Illinois, Kansas, Michigan, New Jersey, Texas, and Virginia.
Impacted individuals include those whose lawful status has expired but may have timely filed adjustment of status applications or asylum applications which would allow them to be in a period of authorized stay. Reports include individuals being detained who do not have criminal records and who have valid work authorization or advance parole documents.
The New York Times is separately reporting on the issue as well. “In 38 years practicing immigration law, I had never seen this,” said Charles Kuck, who is based in Atlanta and is representing an Indian engineer who was detained while awaiting a work-permit extension. “And I know it’s happening to lots of people.”
Shannon Shepherd, an immigration lawyer who is vice chair for the Chicago chapter of the American Immigration Lawyers Association, said she and other lawyers were revising longstanding advice about domestic air travel.
“Before, I was saying, ‘As long as you have an ID, you can travel domestically,’” Ms. Shepherd said. “Now I am turning around and saying, ‘If you are in the process of changing status, avoid any travel.’”
This is a developing situation, and our offices advice is to err on the side of caution.