Kamal Ghorui
The deployment of ICE agents at airports across the country to help the understaffed TSA has pressed the panic button for many as they are scared that airports will become the ground of violent action by the ICE. The immigration officials asked to help the TSA at airports to ease the long queues owing to the shutdown of the DHS funding are not supposed to do their regular immigration enforcement job but immigration experts are advising people to be safe. Indian-origin immigration attorney Saimithra Reddy issued a video on the ICE deployment at airports and said that she did not intend to fear-monger but to educate people as ICE has a larger discretion and they can question anyone about their residency proof.
Avoid travel if
Reddy said people who are in the gray area with their validity not clearly defined should avoid traveling now
- If your application is pending before the USCIS
- If you have any sort of criminal or arrest history
- If your visa has been revoked or expired
- If you are under any temporary status like TPS, parole, DACA
- If you are on 60-day grace period on H-1B visa
If you are on a valid visa
- Have proof of that visa, whether it’s your passport with your visa stamp in it or an official approval notice.
- Carry your physical EAD card
ICE has a lot of power and they can ask anyone including legal permanent residents and US citizens questions about their legal status and ask for documentation to prove their legal status, Reddy said adding that if one refuses to comply to their demands and quetsions, they can pull those individuals aside for further screening or questioning and can detain.
List of airports ICE agents have been deployed
- Chicago O’Hare International Airport (ORD)
- Cleveland Hopkins International Airport (CLE)
- Hartsfield-Jackson Atlanta International Airport (ATL)
- Houston’s William P Hobby Airport (HOU)
- John F Kennedy International Airport (JFK)
- New York’s LaGuardia Airport (LGA)
- Louis Armstrong New Orleans International Airport (MSY)
- Luis Muñoz Marin International Airport in Puerto Rico (SJU)
- Newark Liberty International Airport (EWR)
- Philadelphia International Airport (PHL)
- Phoenix Sky Harbor International Airport (PHX)
- Pittsburgh International Airport (PIT)
- Southwest Florida International Airport (RSW)
US citizens have right to remain silent
Legal experts said US citizens have the right to remain silent when questioned by law enforcement, including ICE agents, beyond basic identification in certain contexts. Lawful permanent residents and visa holders also have significant rights at airports, though their situation is more complex, they said. Noncitizens, particularly those without legal status, may face broader questioning from ICE. However, they still have key rights: the right to remain silent, the right to refuse consent to searches of personal belongings in some circumstances, and the right to request an attorney if detained.
