Federal immigration authorities reportedly are using domestic air travel information to locate and arrest noncitizens suspected of overstaying their authorized periods of admission.
Authorities have made at least 27 arrests of noncitizens suspected of overstay at airports in at least nine states across the country, from California to Virginia, according to an ABC News report. Several individuals detained by authorities reportedly had no criminal history and possessed valid employment authorization or parole documents.
The report follows the release of a previously undisclosed agreement between the Transportation Security Administration (TSA) and Immigration and Customs Enforcement (ICE). Signed in May 2025, the agreement establishes a framework for TSA and ICE to share passenger information, including for immigration enforcement purposes. The information could enable ICE to determine when and where targeted individuals are scheduled to travel.
Important Distinctions
An expired visa stamp does not necessarily mean an individual has overstayed. The visa permits travel to a U.S. port of entry, while the Form I-94 generally controls the duration of stay in the United States. An individual may continue to be in lawful status after the visa stamp expires if the I-94 is valid and the individual continues complying with the terms of admission. Conversely, an unexpired visa does not authorize an individual to remain beyond the I-94 expiration date.
Consider an individual who lawfully entered the United States as a B-1/B-2 visitor and later applied for asylum or a family-based green card. Once the individual’s I-94 expires, the pending application generally does not extend or restore B-1/B-2 status. Filing the application may place the individual in a period of authorized stay for certain purposes and make them eligible for an employment authorization document. Nevertheless, the individual may still lack lawful nonimmigrant status and may be detained or placed in removal proceedings while the application is pending, even if they ultimately could qualify for adjustment of status as the immediate relative of a U.S. citizen.
More generally, the existence of a pending immigration application, employment authorization document, or parole document does not automatically shield an individual from detention or removal proceedings. The legal effect of any application or immigration benefit requires individualized review and analysis.
Considerations for Employers
Employers should consider consulting immigration counsel before a sponsored employee undertakes domestic travel if the employee’s immigration status has expired or their ability to remain in the United States depends on a pending application, parole, deferred action, or another form of temporary protection.
Employers also should:
- Confirm the employee’s current status using the I-94 and applicable approval notices;
- Consider alternatives to nonessential air travel when counsel identifies a material enforcement risk;
- Ensure potentially affected travelers have appropriate immigration documentation and emergency contact information; and
- Develop a response protocol in the event an employee is detained during business travel.
Employers should avoid conducting ad hoc immigration inquiries or reverifying Form I-9 documentation based solely on an employee’s nationality or travel plans. Because employment authorization and immigration status are distinct legal issues, workplace practices should be applied consistently and without discrimination.
Jackson Lewis attorneys are available to assist with evaluating immigration status, domestic travel risks, and appropriate contingency planning.
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