ICE Enforcement at U.S. Airports Expands to Include Nonimmigrants with Pending Immigration Requests

We have received notice of an increase in immigration enforcement at U.S. airports, specifically the expanded collaboration between ICE and TSA that includes the detention of individuals who are eligible to remain in the United States during a period of authorized stay but lack valid visa status. These are foreign nationals who are lawful in the U.S. pending an administrative process to finalize either an extension or change of visa status or permanent residency.

Lawful Status and the Increased Importance of Maintaining It

The distinction between “lawful status” and a “period of authorized stay” hinges upon the specific actions and circumstances of an individual within the administrative process. Following the expiration of lawful status, select individuals are permitted to remain in the United States beyond the expiration of a nonimmigrant visa. In fact, regulations permit these foreign nationals in the U.S. to stay beyond the physical visa stamp in their passports. The controlling record is the I-94 Status Entry Record issued by U.S. Customs and Border Protection (CBP), a separate agency. The visa stamp is only part of the total record on any individual. In extension of status cases, individuals are lawfully permitted up to 240 days with automatic legal status extensions and employment authorization, if timely filed.

Examples of such permission include individuals with a pending, timely-filed AOS application. Employment-based AOS applicants may be exempt from certain adjustment bars even if they fell out of valid nonimmigrant status after filing, so long as the period of unauthorized stay does not exceed 180 days. This provision provides significant relief for employers to continue to employ workers whose nonimmigrant status lapses during the permanent residency process. 

In addition, individuals with pending permanent residency applications may apply for a travel document called an  ”Advance Parole” to travel internationally. Returning on a pre-approved Advance Parole document allows resumption of AOS processing, but does not guarantee admission; Customs and Border Protection makes the final admissibility determination at the port of entry, and a pending application does not override CBP’s board authority.

For employment-based applicants, it is now more important than ever to maintain underlying H-1B, L-1, or other nonimmigrant status, even after receiving an Employment Authorization Document (EAD) and/or Advance Parole while a permanent residency case is pending. If an AOS application is denied or withdrawn, an applicant who abandoned their nonimmigrant classification would be left without lawful status. Moreover, absent lawful status, individuals may experience heightened risk with respect to international and domestic travel.

ICE Enforcement

The recent uptick in immigration enforcement is a continuation of the expanded ICE presence at airports implemented in late 2025, when TSA began sharing information about air travelers believed to be subject to deportation orders with ICE, thereby facilitating arrests by ICE at airports. Since that period, ICE enforcement at ports of entry, including airports, has increased significantly. 

Presently, ICE activity at airports includes the following: identity verification, immigration database review, and detention of individuals with an expired visa stamp, despite pending immigration matters, outstanding removal orders, or perceived status violations.

Such arrests and detentions of individuals by ICE have occurred notwithstanding pending applications for immigration benefits, including requests for asylum, lawful permanent residence (a green card), or other forms of permanent protection. On July 14, ICE detained a Southwest Airlines flight attendant in Nashville over a visa expiration issue, underscoring that enforcement actions are reaching individuals previously considered to be a low priority. 

Reflecting broader enforcement trends, as of July 11, ICE held 65,765 individuals in detention, with approximately 70% of those detained lacking any criminal conviction. Such data indicates the enforcement efforts are no longer limited to undocumented immigrants; lawful permanent residents with decades of U.S. residence have been detained at airports upon return from international travel. Accordingly, non-citizens considering domestic or international travel during the pendency of a matter before USCIS should prepare for additional scrutiny at airports and ports of entry. 

Practical Guidance

Given the rapidly evolving immigration enforcement landscape, employers should engage with counsel to review a list of non-citizen employees with pending adjustment of status applications, expired nonimmigrant visas, or upcoming USCIS interviews and discuss individualized risk assessments and develop proactive strategies. In addition, affected employees should take the following steps:

1. Notify immigration counsel before any domestic or international travel to conduct a case-specific risk assessment.
2. Carry the following documents at all times during domestic or international travel: receipt notices (I-797) for all pending applications; Employment Authorization Documents (EADs); valid advance parole documents; valid passport; prior visa stamps; evidence of current employment; and evidence of family ties and community connections in the United States.
3. Maintain underlying nonimmigrant status by not abandoning H-1B, L-1, or other nonimmigrant classification prematurely upon receipt of an EAD.
4. Develop an Emergency Legal Plan with family, friends, a trusted individual, or counsel to contact immediately if the individual is detained.
5. Consider deferring non-essential business travel pending further legal clarity.

Tieranny Cutler, Contract Attorney, contributed to this alert.

This Barnes & Thornburg LLP publication should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.