Can an Illegal Immigrant Travel by Plane? Your Travel Guide

Traveling can be daunting, especially when you’re navigating the complexities of immigration status. But with the right information, you can explore your options. At SIXT.VN, we’re dedicated to providing clear, helpful guidance for everyone looking to experience the beauty and culture of Vietnam. Let’s explore the world of travel for undocumented immigrants, focusing on safe and informed decision-making. Undocumented immigrants can travel by plane using valid forms of ID, such as a foreign passport or Employment Authorization Document.

1. Understanding Domestic Flights for Undocumented Immigrants

Navigating domestic flights as an undocumented immigrant can be straightforward if you’re well-prepared. It’s crucial to have the correct identification and understand your rights. Let’s break down what you need to know to travel confidently within the United States.

1.1. What Identification is Acceptable for Domestic Flights?

Yes, undocumented immigrants can travel by plane. The Transportation Security Administration (TSA) accepts various forms of identification, including:

• Unexpired Foreign Passport: This is one of the most commonly accepted forms of ID.
• State Photo Identity Card: A non-driver ID card issued by a state.
• State Driver’s License: Accepted in many states, but starting May 7, 2025, you may need a REAL ID.
• U.S. Citizenship and Immigration Services (USCIS) Employment Authorization Card (EAD): This card (Form I-766) is a valid form of identification.
• Military ID: If you’ve served in the military.
• Trusted Traveler Cards: Such as NEXUS, SENTRI, and FAST cards issued by the Department of Homeland Security (DHS).
• Border Crossing Cards.
• Native American Tribal ID Cards.
• Airline or Airport Photo ID Cards: Issued in compliance with TSA regulations.
• Transportation Worker ID Credentials.

For a comprehensive list, refer to the TSA’s official website.

Alternative text: List of acceptable forms of identification for domestic flights according to TSA guidelines, including state photo ID, driver’s license, foreign passport, and USCIS employment authorization card.

1.2. Preparing for Your Flight

Before heading to the airport, there are several steps you can take to ensure a smoother experience:

1. Check Your ID: Make sure the name, date of birth, and gender marker on your ticket match your ID exactly.
2. Secure Your Devices: The government might ask for your phone, but you don’t have to provide your password. Protect your devices with a strong password.
3. Develop a Safety Plan: Designate at least two people to have access to your important documents and contact information for your attorney, community organizations, family, and friends. Share your flight information with them before traveling.

1.3. REAL ID: What You Need to Know

Starting May 7, 2025, if you plan to use a state-issued ID or driver’s license to board domestic flights and enter federal facilities, it will need to be a REAL ID. REAL ID compliance requires proof of identity, state residency, and legal presence in the U.S. If you don’t meet all three requirements, you won’t be eligible for a REAL ID driver’s license. You can find more details on alternative forms of identification accepted by the TSA in Immigrants Rising’s REAL ID resource.

1.4. Understanding Your Rights at the Airport

Knowing your rights is essential when interacting with TSA agents or other law enforcement personnel.

• Right to Remain Silent: You have the right to remain silent under the Fifth Amendment. Refusing to answer questions may lead to prolonged questioning or detainment, but you are not obligated to speak.
• Answering Questions: When in doubt, don’t answer questions about your citizenship or immigration status, and don’t sign any paperwork without a lawyer’s advice.
• Searches: TSA is only permitted to do “administrative searches” for prohibited items. “Criminal searches” can only be carried out by law enforcement personnel.

1.5. What to Do If Stopped by TSA

If a TSA agent questions your documents or detains you, remain calm and assert your rights. Ask for the agent’s name and ID number. If they ask questions about your immigration status, politely decline to answer and state that you wish to speak with an attorney.

1.6. Common Concerns and Misconceptions

• AB 60 Licenses: In California, it’s not recommended to fly with an AB 60 license, as TSA has been inconsistent in accepting them.
• Foreign Passport and EAD: You can fly with a valid foreign passport or a U.S. Citizenship and Immigration Services Employment Authorization Card (I-766). Inform the TSA agent that these are acceptable documents according to TSA guidelines if they are not recognized.

1.7. Traveling to Hawaii or Alaska

Traveling to Hawaii or Alaska is considered a domestic flight, so the same TSA guidelines apply. Ensure you don’t have a layover in another country.

2. Navigating Ground Transportation: Buses and Trains

Ground transportation, such as buses and trains, presents different considerations. While photo identification isn’t always required for local travel, it’s essential for longer journeys and to be aware of potential interactions with law enforcement.

2.1. Understanding Your Rights on Buses and Trains

There have been reports of Border Patrol agents conducting immigration checks on buses and trains. Customs Border Patrol (CBP) states that its agents are prohibited from boarding buses/trains and questioning passengers without warrants or a company’s consent.

Key rights to remember:

• Right to Remain Silent: You have the right to remain silent.
• Answering Questions: Do not answer questions about your citizenship or immigration status without a lawyer’s advice.
• Valid Immigration Papers: If you have valid immigration papers, you can provide them, but never provide false documents.
• Refuse a Search: You can refuse a search of your belongings by saying “I do not consent to a search.”
• Right to Record: You have the right to record videos of immigration agents.
• Officer Information: If stopped or searched, ask for the officer’s name or ID number.

Alternative text: Passengers traveling on an Amtrak Acela train, highlighting ground transportation options.

2.2. Local Subway Systems

Photo identification isn’t required when using local subway systems within a metropolitan area.

2.3. Intercity Buses and Trains

To travel beyond city limits on buses (e.g., Greyhound) or trains (e.g., Amtrak), you typically need a valid photo identification.

3. Driving as an Undocumented Immigrant

Driving is a common mode of transportation, but it’s essential to know the laws and your rights.

3.1. Driver’s License Eligibility

Like citizens, certain noncitizens may be eligible to drive legally. Some states allow certain noncitizens to apply for a driver’s license regardless of immigration status. Check your state’s Department of Motor Vehicles (DMV) to determine your eligibility.

3.2. What to Do During a Traffic Stop

If stopped by law enforcement or immigration enforcement while in your car:

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. As a passenger, you can also ask if you’re free to leave. If yes, silently leave.

3.3. Your Rights During a Traffic Stop

• Right to Remain Silent: You have the right to remain silent and do not have to answer questions about where you were born, whether you’re a U.S. citizen, or how you entered the country.
• International Borders and Airports: Separate rules apply at international borders and airports and for individuals on certain nonimmigrant visas, including tourists and business travelers.
• Valid Immigration Papers: If you’re not a U.S. citizen and have valid immigration papers, show them if an immigration agent requests them. Do not lie about your citizenship status or provide fake documents.

3.4. Border Patrol Checkpoints

The United States Border Patrol operates traffic checkpoints, often within 100 miles of the border. At these checkpoints, Border Patrol agents may stop a vehicle for brief questioning, even without reason to believe the vehicle contains undocumented individuals. They also have wide discretion to refer motorists to a secondary inspection area for additional questioning.

3.5. Checkpoints in California

Here are some checkpoints within California:

• 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.
• Highway 111: located between Niland and Bombay Beach.
• Highway S2: located 7 miles north of Ocotillo and I-8.

4. Traveling to U.S. Territories

Traveling to U.S. Territories may seem straightforward, but it’s important to be aware of specific guidelines.

4.1. Traveling with Temporary Protected Status (TPS) or DACA

Undocumented individuals with temporary protection (e.g., TPS/DACA recipients) may travel to the U.S. Territories without Advance Parole.

Alternative text: Map of US Territories, highlighting travel destinations for undocumented immigrants with temporary protection.

4.2. Important Considerations for DACA Recipients

• Valid DACA: Make sure your DACA is valid during your entire time abroad. Do not allow your DACA to expire while outside the U.S. mainland, even if you have a renewal pending.
• USCIS Documents: Bring your USCIS documents showing your granted deferred status to facilitate your return.
• Layovers: Ensure there are no layovers outside the U.S. states and territories.

4.3. Risks of Traveling Without DACA

Traveling to the U.S. Territories without DACA, even though you have never technically left the U.S., could result in a referral to ICE for removal.

5. Essential Tips for Safe Travel in the U.S.

Traveling safely involves understanding your rights, preparing your documents, and staying informed about state-specific laws and policies.

5.1. Know Your Rights

Understanding your rights is crucial. You have the right to remain silent, refuse searches, and record interactions with law enforcement. These rights are protected by the U.S. Constitution, and asserting them can help protect you in various situations.

5.2. Carry Necessary Documents

Always carry any valid identification and immigration documents you have. This might include a foreign passport, Employment Authorization Document, or any other form of ID accepted by TSA.

5.3. Avoid Risky Situations

Try to avoid situations that could lead to interaction with law enforcement. This includes avoiding areas known for high levels of immigration enforcement activity and being cautious about your interactions with others.

5.4. Consult with an Attorney

If you have any concerns about your immigration status or travel plans, consult with an immigration attorney. They can provide specific advice based on your situation and help you understand your options.

5.5. Stay Informed

Keep up-to-date on the latest immigration laws and policies, as well as any changes to TSA guidelines or enforcement practices. Reliable sources include non-profit organizations, legal aid groups, and government websites.

5.6. Preparing for Potential Interactions with Law Enforcement

If you encounter law enforcement, remain calm and polite. Assert your right to remain silent and ask to speak with an attorney. Do not provide false information or sign any documents without legal advice.

5.7. Resources and Support

There are many organizations that provide support and resources for undocumented immigrants. These include legal aid groups, community organizations, and advocacy groups.

6. Understanding State Immigration Enforcement Policies

Different states have varying approaches to immigration enforcement. Knowing the policies in the states you plan to travel through can help you make informed decisions and travel more safely.

6.1. States with Stronger Protections

• Oregon and Illinois: These states offer stronger protections, with laws limiting local law enforcement’s involvement with ICE.
• California, New Jersey, and Washington: These states also have broad sanctuary statutes.
• New York and Rhode Island: These states are friendlier for immigrant communities, with sanctuary policies that limit local police involvement in ICE enforcement.

6.2. States with Strict Policies

• Florida, Georgia, Iowa, Texas, and West Virginia: These states have strict policies where local law enforcement is required to cooperate with ICE, making it important to stay extra cautious in these areas.

For a comprehensive list of state laws on immigration enforcement, please visit the ILRC’s State Map on Immigration Enforcement and the National Map of Local Entanglement with ICE.

7. Addressing Common Misconceptions About Undocumented Immigrants and Travel

There are several misconceptions about undocumented immigrants and their ability to travel. Addressing these misconceptions can help clarify the realities and provide accurate information.

7.1. Misconception: Undocumented Immigrants Cannot Travel Within the U.S.

Fact: Undocumented immigrants can travel within the U.S. using acceptable forms of identification. TSA guidelines do not require proof of citizenship for domestic flights.

7.2. Misconception: Any Interaction with Law Enforcement Will Lead to Deportation

Fact: While any interaction with law enforcement carries some risk, not all interactions will lead to deportation. Knowing your rights and remaining calm can help protect you.

7.3. Misconception: All States Enforce Immigration Laws the Same Way

Fact: States vary significantly in their approach to immigration enforcement. Some states have sanctuary policies that limit cooperation with ICE, while others have strict policies that require cooperation.

7.4. Misconception: Undocumented Immigrants Have No Rights

Fact: Undocumented immigrants have many of the same rights as U.S. citizens, including the right to remain silent, the right to refuse a search, and the right to an attorney.

7.5. Misconception: Traveling to U.S. Territories Is the Same as Traveling Internationally

Fact: Traveling to U.S. Territories is generally considered domestic travel, but it’s essential to be aware of specific guidelines and potential risks.

8. Resources for Undocumented Immigrants

Numerous organizations offer resources and support for undocumented immigrants.

• Immigrants Rising: Provides resources and support for undocumented individuals, including information on travel.
• American Civil Liberties Union (ACLU): Defends the rights of immigrants and provides legal assistance.
• National Immigration Law Center (NILC): Advocates for policies that protect and advance the rights of low-income immigrants.
• United We Dream: A youth-led immigrant rights organization.
• Local Legal Aid Organizations: Offer free or low-cost legal services to immigrants.

9. How SIXT.VN Can Help

While SIXT.VN primarily focuses on travel and tourism services within Vietnam, understanding the challenges faced by travelers from all backgrounds is important to us. We strive to create a welcoming and inclusive environment for everyone. For those planning a trip to Vietnam, SIXT.VN offers comprehensive travel solutions including:

• Airport Transfers: Safe and reliable airport pickup services.
• Hotel Bookings: Assistance in finding accommodations that suit your needs and budget.
• Tour Packages: Organized tours to explore the beauty and culture of Vietnam.
• Visa Assistance: Guidance on visa requirements and application processes.

Alternative text: Hanoi Train Street in Vietnam, showing a popular tourist destination.

10. Conclusion: Empowering Informed Travel Decisions

Traveling as an undocumented immigrant requires careful planning, a thorough understanding of your rights, and access to reliable information. While navigating travel within the U.S. can be complex, being informed and prepared can significantly enhance your safety and confidence. At SIXT.VN, we support informed travel decisions and encourage you to seek legal advice and utilize available resources to ensure your journeys are safe and fulfilling. Whether you’re exploring the U.S. or planning a trip to Vietnam, we’re here to help make your travel experience as smooth as possible.

SIXT.VN: Your Partner for Exploring Vietnam

• Address: 260 Cau Giay, Hanoi, Vietnam
• Hotline/WhatsApp: +84 986 244 358
• Website: SIXT.VN

Ready to explore Vietnam? Contact us today to learn more about our services and start planning your adventure!

FAQ: Traveling as an Undocumented Immigrant

Can an illegal immigrant travel by plane within the U.S.?

Yes, an illegal immigrant can travel by plane within the U.S. The TSA accepts various forms of identification, such as a foreign passport or Employment Authorization Document (EAD).

What identification do I need to fly domestically as an undocumented immigrant?

You can use an unexpired foreign passport, a state photo identity card, a state driver’s license (though REAL ID may be required starting May 7, 2025), or a U.S. Citizenship and Immigration Services (USCIS) Employment Authorization Card.

Do I need a REAL ID to fly domestically?

Not until May 7, 2025. After that date, if you plan to use a state-issued ID or driver’s license, it will need to be a REAL ID. Otherwise, you can use other accepted forms of identification like a foreign passport.

Can TSA ask about my immigration status?

TSA’s primary role is security screening, not immigration enforcement. However, if they suspect a violation, they may ask questions or involve CBP. You have the right to remain silent and not answer questions about your immigration status.

What should I do if a TSA agent questions my documents?

Remain calm, ask for the agent’s name and ID number, and politely decline to answer questions about your immigration status. State that you wish to speak with an attorney.

Can I travel to U.S. territories as an undocumented immigrant?

If you have temporary protection like TPS or DACA, you can travel to U.S. Territories without Advance Parole. However, ensure your DACA is valid and there are no layovers outside the U.S.

What are my rights if stopped by Border Patrol on a bus or train?

You have the right to remain silent, refuse a search, and record videos of immigration agents. Do not answer questions about your citizenship or immigration status without a lawyer’s advice.

Can the police ask about my immigration status during a traffic stop?

Yes, but you have the right to remain silent and do not have to answer questions about where you were born or whether you’re a U.S. citizen.

Are there states where it’s safer to travel as an undocumented immigrant?

Yes, states like Oregon, Illinois, California, New Jersey, Washington, New York, and Rhode Island have stronger protections and sanctuary policies that limit local law enforcement’s involvement with ICE.

Where can I find legal support and resources as an undocumented immigrant?

Organizations like Immigrants Rising, ACLU, NILC, and local legal aid organizations provide support and resources for undocumented immigrants.