What Bay Area travelers should know about their rights before flying
Add Axios as your preferred source to
see more of our stories on Google.
Illustration: Shoshana Gordon/Axios
Air travel across the U.S. now comes with a new variable: ICE agents in airports.
State of play: Security checkpoints are becoming convergence points for screening, data sharing and immigration enforcement.
Catch up quick: A viral incident involving a mother and daughter detained at San Francisco International Airport is heightening fears that airports are becoming immigration enforcement hubs, after the New York Times reported that the TSA shared their passenger data with ICE.
Here's what to know about your constitutional rights at the airport and ports of entry, according to the ACLU of Northern California.
Four big takeaways
You may have to answer immigration questions.
- Citizens only need to confirm identity and citizenship. Noncitizen visa holders only need to confirm identity and residency.
- Noncitizen visa holders who refuse to share their immigration status may be denied entry.
You can remain silent, but expect delays.
- You don't have to answer questions about religious beliefs and practices or political opinions, though refusing to do so may lead to extra screening.
- Citizens can't be denied entry for refusal. Noncitizen visa holders can be denied, but should ask for asylum if they fear returning to the country from which they traveled.
You can refuse some searches.
- Citizens and lawful permanent residents can't be denied entry for refusing to give passwords, provide electronic device access, or consent to a device search, but could face detainment or have devices seized for extended periods of time upon refusal.
- Noncitizen visa holders can be denied entry.
- If you share your password, it may be stored by the government, so change it as soon as possible and don't reuse it.
- Invasive strip searches can only be conducted if there's reasonable suspicion of involvement in criminal activity.
You don't have to sign what you don't understand.
- Signing certain documents could mean giving up your visa or permanent resident status. Ask for an interpreter or translation.
For noncitizens: added caution
Immigration attorneys advise noncitizens without green cards, legal status or work authorization to avoid domestic air travel in the U.S.
- Those with pending immigration applications, prior criminal records, revoked visas or questionable legal standing should also avoid traveling, according to immigration attorney Saimithra Reddy.