If you travel through U.S. airports, you have rights. This guide explains what is happening, why it matters, and what to do if you encounter immigration agents. Knowledge is your first line of defense.
What Is Happening at Airports
On March 23, 2026, the Trump administration deployed Immigration and Customs Enforcement (ICE) agents to 14 major U.S. airports. These agents are conducting immigration enforcement operations in airport terminals, including areas where passengers pass through security checkpoints and immigration services.
ICE agents have been documented making arrests at airports including San Francisco International Airport (SFO). In one widely documented case, ICE arrested a woman and her daughter at SFO Terminal 3, demonstrating that these operations are actively targeting passengers and travelers within airport facilities.
Why ICE Is at Airports Now
This deployment is occurring during a Department of Homeland Security (DHS) partial government shutdown that began on February 14, 2026. This represents the longest DHS shutdown in U.S. history, currently extending beyond 44 days without funding authorization.
The shutdown has created uncertainty about funding for the Transportation Security Administration (TSA) and other federal agencies. While TSA employee paychecks are expected to begin going out on March 30, the broader DHS funding situation remains unresolved. Congress left for a two-week recess without securing a DHS funding deal, with the Senate not returning until April 13, 2026.
Will ICE Stay at Airports Permanently?
This is an important question. On March 29, 2026, Tom Homan, the administration's border czar, stated that ICE may remain at airports even after TSA workers receive paychecks. This indicates that the airport presence is not necessarily tied to the government shutdown and funding situation.
Whether this deployment continues will depend on ongoing policy decisions and funding authorizations. Until Congress acts and DHS receives appropriations, the situation remains fluid. However, given recent statements, travelers should prepare for the possibility that ICE may continue airport operations regardless of the shutdown's resolution.
Know Your Rights at the Airport
Your constitutional rights do not disappear when you enter an airport. Understanding these rights can be critical if you are approached by ICE agents or any law enforcement officer.
Your Core Rights
You have the right to remain silent. You do not have to answer questions about your citizenship, immigration status, or where you were born. Say calmly, "I am exercising my right to remain silent" and say nothing more on these subjects.
You have the right to speak with an attorney before answering any questions. Say clearly, "I want to speak with an attorney." Law enforcement must respect this request. You do not have to answer questions until your attorney is present.
You can refuse to consent to a search of your phone, wallet, luggage, or vehicle. Say, "I do not consent to a search." However, if an agent has a warrant signed by a judge, they can conduct the search. Refusing without a warrant is not resisting arrest, but physical resistance is illegal.
You should not sign any documents without understanding what they say and without consulting an attorney. Even if you are confused about what a document says, you can say, "I will not sign this document without speaking to my attorney first." Do not sign anything that is confusing or that you do not fully understand.
If you are arrested or detained, you have the right to make a phone call. Request to call a family member or attorney immediately. Ask repeatedly if your request is not granted within a reasonable time.
Special Considerations for Different Immigration Statuses
U.S. Citizens
If you are a U.S. citizen, you have the strongest legal protections. Carry a U.S. passport, passport card, or birth certificate. If ICE agents approach you, you can state clearly, "I am a U.S. citizen." Even then, you have the right to remain silent and to refuse searches. Never provide more information than necessary to establish your citizenship status.
Lawful Permanent Residents (Green Card Holders)
Federal law requires lawful permanent residents to carry proof of their status at all times. You must have your green card with you. If you are stopped by ICE agents and you are a lawful permanent resident, you can provide your green card, but you still have the right to remain silent on other questions and the right to an attorney. Even with a green card, ICE can attempt removal proceedings in certain circumstances. Have an attorney's contact information readily available.
Visa Holders (H-1B, L-1, F-1, and Other Visa Categories)
If you are in the United States on a valid visa, carry your passport with visa stamps and your I-94 arrival/departure record. Know your visa category and your authorized period of stay. Do not answer questions beyond providing these documents. Contact an immigration attorney immediately if you are detained. Certain questions or admissions during detention can have serious consequences for your visa status and future immigration applications.
Undocumented Immigrants
If you are in the United States without authorization, your situation is particularly urgent. You have the same rights to remain silent and to request an attorney. Do not admit to being undocumented. Do not sign any papers. Request an attorney repeatedly and clearly. If you are detained, ICE is required to inform you of certain rights and possible consequences, but do not rely on ICE to protect your interests. Exercise all your rights and demand legal representation immediately.
DACA Recipients (Deferred Action for Childhood Arrivals)
DACA recipients have employment authorization and a temporary grant of deferred action status. You should carry your EAD (Employment Authorization Document) with photo ID. DACA status is not the same as lawful permanent resident status and does not protect you from ICE enforcement. However, DACA recipients have received notices informing them to contact USCIS if detained. Know your nearest ICE office location and have attorney contact information available.
What to Do If You Are Approached by ICE
Before Travel
- Write down an attorney's phone number. Keep it in your wallet and on your person at all times.
- Prepare a "know your rights" card with your rights listed. Several organizations provide these cards free online.
- Ensure family members have emergency contact numbers for an attorney.
- If you are a noncitizen, carry proof of your immigration status at all times.
- Download the USCIS mobile app or have the USCIS helpline number available.
If ICE Agents Approach You at the Airport
- Stay calm. Do not run. Do not resist.
- Ask clearly and calmly, "Am I free to leave?" If the answer is no, you are being detained.
- Say, "I want to speak with an attorney" or "I am exercising my right to remain silent." Repeat these statements if necessary.
- Do not consent to any searches. Say, "I do not consent to a search."
- Do not open your phone, wallet, or bags unless the agent has a warrant signed by a judge.
- Do not answer questions about where you were born, your citizenship, or how you entered the country.
- Provide only your name if asked, but you can state, "I am exercising my right to remain silent."
- Remain visible. Ask to make a phone call. If you are in a group, stay together if possible, but prioritize getting to a phone.
If You Are Detained
- Request an attorney immediately. Use the magic words: "I want to speak with an attorney."
- Do not sign anything without consulting an attorney, even if an agent says you must sign to be released.
- Request medical attention if you need it.
- Remember your detention location and time. Ask what detention facility you are being taken to.
- Try to contact a family member or attorney as soon as possible.
- In ICE custody, you have the right to review and understand your rights under the Immigration and Nationality Act. Request this information.
- Do not agree to anything regarding deportation or voluntary departure without speaking to an attorney first.
Frequently Asked Questions
No. You have the right to remain silent. You do not have to answer any questions about your citizenship, immigration status, where you were born, or how you entered the United States. You can say, "I am exercising my right to remain silent," and you do not need to answer further questions on these topics.
If you have a valid visa, carry your passport with the visa and your I-94 arrival/departure record. You can provide these documents to verify your legal status. However, you still have the right to remain silent on other questions and the right to speak with an attorney. Do not answer questions about your background, your work, or other details beyond what is necessary to establish your legal status. If you are detained, request an attorney immediately.
No. You should not sign any documents without reviewing them carefully and consulting with an attorney. Even if ICE agents tell you that you must sign to be released, you have the right to refuse to sign. Instead, say, "I will not sign any documents without speaking to my attorney first." This is your right. Do not be pressured into signing anything, no matter what an agent tells you.
You can refuse to consent to a search. Say, "I do not consent to a search." If ICE agents have a warrant signed by a judge specifically authorizing a search, they can conduct it. However, if they do not have a warrant, they cannot search your phone, wallet, luggage, or vehicle simply because you refuse. Refusing consent is not illegal and is not resisting arrest. If they search without your consent and without a warrant, this may be illegal, and you should document what happened and tell your attorney.
This is an urgent and serious situation. Request an attorney immediately. Tell the ICE agents that you have children with you and that you need to arrange for their care. If possible, provide information about a trusted family member or friend who can come to the airport to pick up your children. Do not allow your children to be separated from you without knowing exactly where they are going and who will care for them. Document the names of ICE agents and the detention location. Call a family member or attorney immediately and inform them of the situation. If your children are in the U.S. and you are detained, you may be eligible for relief that allows you to remain and care for them. Speak with an attorney immediately.
ICE agents cannot stop you based solely on your appearance, ethnicity, or national origin. However, at airports, ICE may be conducting operations in specific terminals or areas. If you are approached by ICE agents and you have not done anything wrong, you can ask, "Am I free to leave?" If they say yes, leave calmly. If they detain you without lawful authority, this may be illegal. Nevertheless, do not physically resist. Exercise your rights by asking for an attorney and remaining silent. Document what happened and report it to an immigration attorney.
Immigration Status and Data from San Francisco
Recent data from ICE arrests at San Francisco International Airport shows important patterns. In many cases, ICE arrested individuals after they attended routine immigration appointments. According to available information, approximately 69 percent of those arrested at immigration interviews had no criminal record. This underscores the importance of understanding your rights even during routine interactions with immigration authorities at airports and immigration offices.
These statistics highlight that ICE enforcement is not limited to individuals with criminal histories. Anyone who is not a U.S. citizen can be subject to immigration enforcement, regardless of their background, work history, or community ties. This makes it essential for all travelers to understand and exercise their legal rights.
Preparing for Your Next Trip
If you travel frequently or if you have concerns about your immigration status, take concrete steps now:
- Identify an immigration attorney in your area and keep their contact information with you.
- Gather copies of all your immigration documents and keep them in a safe place.
- If you are a green card holder, lawful resident, or visa holder, carry proof of your status at all times when traveling.
- Inform trusted family members of your travel plans and provide them with attorney contact information.
- Consider carrying a printed "know your rights" card in your wallet.
- Review these rights and instructions before you travel so that you can respond calmly and effectively if you are approached.
Need Legal Guidance?
If you have questions about your rights at airports, your immigration status, or if you have been approached by immigration agents, you do not have to face this alone. Our office has extensive experience helping travelers understand their rights and navigate immigration enforcement encounters.
Schedule Free ConsultationFinal Words
Being approached by ICE agents is frightening. Your heart rate rises. You feel vulnerable. Remember this: You have rights. You have legal protections. You have a voice, and the law requires that voice to be heard through an attorney.
Knowledge of your rights is your first and strongest defense. Stay calm. Exercise your rights. Demand an attorney. Do not sign anything. Do not consent to searches without a warrant. These simple steps can make a critical difference in your outcome.
If you are traveling soon or if you have concerns about what might happen at the airport, reach out to us. We are here to help. You are not alone in this situation.