Guide for Undocumented Individuals Traveling in the U.S.

Themes/Topics: Law & Policy

Geography: California, National

Audience: Ally, Educator, Undocumented Youth

Download

Introduction

Traveling can be a stressful process for anyone—even more so if you’re undocumented! Given that ICE enforcement has increased in recent months, many community members are wondering about the risks of travel within the U.S. We have updated this guide to provide reliable information and acknowledge people’s concerns. If you’re considering traveling as an undocumented person (with or without DACA) and want to know 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. If you have had prior contact with immigration authorities or the police, we especially encourage you to seek legal advice.

Immigration Enforcement by Location

Traveling in the U.S. can be safer if you’re well-informed about immigration enforcement policies in different areas.

Cities: Because the Trump Administration has increased the presence of ICE officers in certain cities like Chicago and Charlotte, check the news for updated information about the specific cities where you intend to travel, in addition to knowing state-level policy.

States: Here’s a quick guide to understanding how various states currently handle immigration enforcement:

  • California, Illinois, New Jersey, New York, Oregon, Rhode Island, and Washington offer stronger protections, with laws limiting local law enforcement’s involvement with ICE—great for those seeking lower risk options for travel.
  • Florida, Georgia, Iowa, Texas, and West Virginia have strict policies where local law enforcement is required to cooperate with ICE, making it important to stay extra cautious in these areas.

For more details on state and local agencies that have agreements with ICE to help them with enforcement, visit the ILRC’s Map of 287(g) Agreements (last updated April 2025).

Nationwide: For decades, the law has required ICE officers to rely on reasonable, specific facts (not solely stereotypes) to stop someone and ask about their immigration status. However, the Supreme Court recently decided that it will not intervene to stop ICE from questioning people simply based on their race, language, or where they work. While this is not the final ruling on this issue, it gives ICE permission to stereotype and racially profile people during their daily activities while the case is pending.

In light of these enforcement trends, it is a good idea to be informed about the states and cities that are safer for travel and to have a plan in place in case you are stopped by ICE. Review ILRC’s Know Your Rights and develop a Preparedness Plan for possible immigration-related emergencies. You may also find the Presidents’ Alliance’s Travel Emergency Preparedness Plan helpful before your travels.

Domestic Flights

The Department of Homeland Security (DHS), which enforces federal immigration laws, has officers in domestic airports. While there are increased news reports of detentions at airports, it is difficult to know the risk level of taking a domestic flight. Each person’s circumstances are different, and we recommend you speak to a lawyer for advice specific to you.

All travelers flying on a domestic flight must present a valid and 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 (REAL ID compliant1)
  • State driver’s license (REAL ID compliant1)
  • Foreign passport (unexpired recommended2)
  • U.S. Citizenship and Immigration Services Employment Authorization Card (I-766)
  • Military ID
  • Trusted traveler cards such as the NEXUS, SENTRI, and FAST cards issued by the Department of Homeland Security (DHS)
  • Border crossing cards
  • Native American tribal ID cards
  • Transportation Worker Identification Credential (TWIC)

For a full list of TSA-acceptable forms of ID, click here.

Preparing for Your Domestic Flight
1. Have your identification ready.
Make sure that when you book your flight, the name, date of birth, and gender marker3 on your ticket exactly match the ID you will be using.

2. Secure your devices.
The law isn’t clear about whether the government is allowed to ask you for your phone, but it is best to ensure that your devices are password-protected with a number or word security password (instead of facial recognition, a pattern, or a fingerprint). Secure your information even further by logging out of sensitive apps such as email or social media, or delete them while you travel. For more information, visit the ACLU’s post on border and airport searches.

3. Develop a safety plan.
In case you get stopped by DHS, 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. Read the ACLU’s guide on your rights at the airport before you travel.

FAQ Regarding Domestic Flights

What is considered a “domestic flight” in the U.S.?
In the U.S., a domestic flight is a flight made within the country’s boundaries. In other words, a domestic flight is within the U.S. without any layover or destination in another country. For example, a flight departing from Miami, Florida and arriving in Seattle, Washington is considered domestic.
Can I fly to Hawaii or Alaska as an undocumented traveler?
Traveling to Hawaii or Alaska is considered a domestic flight. Both Hawaii and Alaska are states of the U.S. Therefore, flying to either destination follows the same TSA guidelines as traveling to any other state in the country. IMPORTANT: When traveling, ensure that you do not have a layover in another country.
Do I need to have a REAL ID License to board?

Yes, if you plan to use a state license to board an airplane. If you do not have a REAL ID, you can use another form of identification, such as a valid and unexpired foreign passport2. See above for a list of alternative identifications that can be used.

Note: Individuals who do not meet all three requirements (proof of identity, state residency, and current legal presence in the U.S.) are ineligible to receive a REAL ID driver’s license. Read our REAL ID resource to learn about alternative forms of ID accepted by TSA.

Do I have to respond to the TSA/ICE/CBP agent’s questions?
Please review the Know Your Rights section at the end of the guide.
Can a TSA agent search my luggage and personal items?
TSA is only permitted to do “administrative searches” of passengers and their belongings to look for prohibited items for passengers’ safety. “Criminal searches” may be carried out only by law enforcement personnel, such as the FBI and state/local law enforcement officers, which TSA may call in at their discretion. For example, if TSA finds a prohibited item in a passenger’s possession during screening, they may call in law enforcement officers.
Can a pilot order me off the plane?
Yes. The pilot of an airplane has the right to refuse to fly a passenger if he or she believes the passenger is a threat to the safety of the flight. The pilot’s decision must be reasonable and based on observations of your actions, not stereotypes. If you are unfairly ordered off a plane, you can file a complaint with the airline or contact community organizations for support, such as the ACLU.
(CA ONLY) Can I fly with an AB 60 License?
No, an AB 60 License is not REAL ID-compliant.
Can I fly with a foreign passport or an Employment Authorization Document Card?
Yes. As noted above, the list of approved identification to fly domestically includes foreign government-issued passports (must be valid) and/or a U.S. Citizenship and Immigration Services Employment Authorization Card (I-766). There have been reports of individuals who could not fly with these documents due to erroneous TSA agent denials. In such instances, inform the TSA agent that these are acceptable according to posted TSA guidelines.
Am I required to have my photo or fingerprints taken at the airport?

Many airports have cameras at the security check-in that take a picture of you while the TSA officer reviews your photo ID. TSA states that this is used to verify you are the same person in the photo ID, and the photo is not saved or stored after your identity is verified. Fingerprinting is not part of routine domestic flights.

We recommend that you review TSA’s most up-to-date guidelines before your domestic flight.

Ground Transportation: Public Buses & Trains

Unlike airports, public buses and trains do not have regular CBP or ICE presence. However, 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. If your route is within 100 miles of the border or will include a Border Patrol checkpoint, the risk for contact with CBP or ICE is greater (more details about checkpoints are included in the Driving section). It is important to be aware of your rights in this situation. We encourage you to review the Know Your Rights section at the end of the guide.

FAQ Regarding Ground Transportation

Can I travel without a photo identification when using the local subway?
Photo identification isn’t required when using the local subway systems within a metropolitan area. To travel beyond city limits (e.g., riding Amtrak), you need a valid photo identification.
Can I travel without a photo identification when using a bus?
To travel on a bus within a metropolitan area, all you need is a schedule and a fare. To ride to farther locations (e.g., riding with Greyhound), you need a valid photo identification.

Ground Transportation: Driving

Like citizens, certain noncitizens may be eligible to drive legally. In some states, certain noncitizens 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 the police or ICE while in your car, consider the following recommendations:

  1. Stop the car in a safe place as quickly as possible. Turn off the car, turn on the internal light, open the window partway, and place your hands on the wheel.
  2. Upon request, show the police your driver’s license, registration, and proof of insurance.
  3. 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.
  4. 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. Please review the Know Your Rights section at the end of the guide for more information.

FAQ Regarding Driving

Can the police ask me about my immigration status?
Please review the Know Your Rights section at the end of the guide.
What is a Border Patrol checkpoint?
The U.S. Border Patrol operates traffic checkpoints, including dozens of permanent traffic checkpoints near the Mexico-United States border. Border Patrol can conduct checkpoints within 100 miles of the border. DHS sometimes enters buses or trains and asks for passengers’ documents. Along these checkpoints, Border Patrol agents may stop a vehicle for brief questioning of its occupants, even if there is no reason to believe that the particular vehicle contains undocumented individuals. Furthermore, Border Patrol agents have wide discretion to refer motorists selectively to a secondary inspection area for additional questioning.
(CA ONLY) Where are some checkpoints in California?

Below are some noted checkpoints within California. Be prepared. Plan your travel route and check before traveling.

  • San Clemente: located 7 miles south of San Clemente on Interstate 5.
  • Temecula: located 24 miles north of Escondido on Interstate 15.
  • Highway 79: located 1 mile west of Sunshine Summit.
  • I-8 West: located 3 miles east of Pine Valley on Interstate 8.
  • Highway 94: located 24 miles east of San Diego on California State Route 94.
  • Highway 78/86: located just south of the intersection of California State Routes 78 and 86, just west of the Salton Sea, controlling northbound traffic only.
  • Highway 111: located between Niland and Bombay Beach.
  • Highway S2: located 7 miles north of Ocotillo and I-8 in eastern San Diego County on S2 (Imperial Hwy/Sweeney Pass Road) between I-8 and State Route 78.

Traveling to U.S. Territories

Undocumented individuals with temporary protection (e.g., TPS/DACA recipients) may travel to the U.S. Territories without Advance Parole. However, it’s important to know where and how to travel to the U.S. Territories safely. Additionally, the Trump Administration has terminated TPS for many countries, and there are ongoing lawsuits, so we recommend you check the USCIS website and CLINIC’s TPS summary for updates prior to any travel.

IMPORTANT: Unless you have temporary protection (e.g., TPS, DACA), traveling to the U.S. Territories could result in a referral to ICE, even though a person has never technically left the U.S.

Preparing for Your Travel to U.S. Territories
1. Make sure your DACA is valid during your entire time abroad.
Do not allow your DACA to expire during any of the time you are planning to be outside the U.S. mainland, even if you have a renewal pending. Make sure to be on the mainland well before it expires with no chance of any gap.

2. Bring your USCIS documents showing your granted deferred status to facilitate your return.
Depending on where you travel, you may be subject to certain processes, including customs inspections. Having proof of your granted deferred status can help make this process go smoother.

3. Make sure there are no layovers outside the U.S. states and territories.
It is critical to ensure that there will not be a planned or emergency landing in a foreign country. For example, if you are traveling to the U.S. Virgin Islands, make sure you do not enter the Dominican Republic, due to bad weather, natural disasters, etc. Similarly, while overseas, be aware of any boat trip that might accidentally result in you being outside of U.S. waters, which can jeopardize your return to the U.S. An inspection doesn’t always happen when someone exits the U.S., but a savvy traveler will know their route and any possibility of diversion before they travel.

You may also find the following information on the U.S. Customs and Border Protection website helpful.

Know Your Rights

Whether you’re traveling by plane, bus, train, or car, you have constitutional rights if ICE or the police stop you. Here is a brief summary of your rights and recommendations:

  • You have the right to remain silent under the Fifth Amendment. No matter where ICE or the police stop you, you do not have to answer their questions about your immigration status, where you were born, or how you entered the country. If you do not answer their questions, this may result in them stopping you for longer or arresting you, but when in doubt, silence is better.

    Note: Separate rules apply at international borders and airports and for individuals on certain nonimmigrant visas, including tourists and business travelers.

  • Do not lie about your citizenship status or provide fake documents. If you have valid immigration papers, show them if an officer requests them.
  • Do not sign any paperwork without the advice of a lawyer.
  • You can refuse a search of your belongings by saying, “I do not consent to a search.”
  • You have the right to record videos of immigration agents.
  • If you are stopped or searched, you have the right to ask for the officer’s name or ID number.

Updates to Bond Eligibility for Undocumented Individuals (as of November 2025)

Undocumented individuals are understandably worried about being arrested and detained by ICE. In positive news, a federal court recently decided that many noncitizens held in ICE custody have the right to a bond hearing instead of being automatically detained until there is a final decision in their immigration court case. For example, if you are a noncitizen without a criminal history, have been in the U.S. for years, and are arrested by ICE inside the U.S. (not a port of entry, like an airport or border crossing), you can ask a judge for bond. Bond allows a detained person to be released while their immigration case is pending; the person typically pays a certain amount as a guarantee they will return to court for future hearings. If you or a loved one is detained, contact a rapid response network for support: California directory / National directory.

Immigration policies are rapidly changing. We recommend you follow trusted organizations like Immigrant Legal Resource Center, National Immigration Law Center, and United We Dream for updates.

[1] As of May 2025, individuals boarding domestic flights and entering federal facilities are required to present a REAL ID (if they are planning to use a state-issued identification or driver’s license). To learn more, visit our REAL ID: What To Know resource.

[2] If you’re traveling with an expired license or passport, you may still be able to fly. Acceptable forms of ID cannot be more than two years past the identified expiration date. Click here for more information.

[3] If you already have identity documents that do not reflect your sex at birth, or want to go through a gender marker process in your state, but are worried about future applications for a U.S. passport, read updates from Lambda Legal.

This resource was created by Jesús Flores Rodríguez of Immigrants Rising and revised by Mindy Phillips of The Legalization Project, with editing support from Claire Calderón, Denia Pérez, Esq., and Keziah Aurin.

The Legalization Project mobilizes support, resources, and expertise for immigrants seeking permanent lawful status in the United States. Learn more at legalizationproject.us.

Immigrants Rising helps you make decisions based on your potential, not your perceived limits. Visit our website so you can see what’s possible: immigrantsrising.org. For inquiries regarding this resource, please contact us at [email protected] with the title of the resource included in the email subject line.

Revised 12/2025.

Back to Resources