Themes/Topics: Law & Policy Geography: California, National Audience: Ally, Educator, Undocumented Youth Traveling in the U.S. can be a complicated and stressful process for anyone—even more so if you’re undocumented! But it doesn’t have to be complicated. If you’re thinking of traveling as an undocumented person (with or without DACA) and are curious about how to travel safely, read on. Safe travels, undocu-travelers! Note: This document is not intended to serve as legal advice and is not a substitute for obtaining legal advice
from a qualified attorney. Domestic FlightsAll travelers flying on a domestic flight must present a valid (unexpired) photo ID issued by the state or federal government. Undocumented individuals may use the following forms of ID accepted by TSA:
For a full list of TSA-acceptable forms of ID click here.
FAQ Regarding Domestic FlightsWhat is considered a “domestic flight” in the U.S.?In the U.S., a domestic flight is a flight made within the country’s boundaries. In other words, a domestic flight is within the U.S. without any layover or destination in another country. For example, a flight departing from Miami, Florida and arriving in Seattle, Washington is considered a domestic flight. Can I fly to Hawaii or Alaska as an undocumented traveler?Traveling to Hawaii or Alaska is considered a domestic flight. Both Hawaii and Alaska are states of the U.S. Therefore, flying to either destination follows the same TSA guidelines as traveling to any other state in the country. IMPORTANT: When traveling, ensure that you do not have a layover in another country. Do I need to have a REAL ID License to board?No. If you plan to use a state license to board an airplane, a REAL ID compliant license will not be required until May 3, 2023. Please note that even if you do not have a REAL ID, you can use another form of identification, such as a valid
(unexpired) foreign passport1. See above for a list of alternative identifications that can be used. No, you have the right to remain silent under the Fifth Amendment. However, the refusal to answer questions may lead to prolonged questioning/detainment. When in doubt, do not answer questions about your citizenship or immigration status or sign any paperwork without the advice of a lawyer. Can a TSA agent search my luggage and personal items?TSA is only permitted to do “administrative searches” of passengers and their belongings, looking for prohibited items to ensure passengers’ safety. “Criminal searches” may be carried out only by law enforcement personnel, such as the FBI and state/local law enforcement officers, which may be called in by TSA at their discretion. For example, if TSA finds a prohibited item on a passenger’s possession during screening, law enforcement officers may be called in. Can a pilot order me off the plane?Yes. The pilot of an airplane has the right to refuse to fly a passenger if he or she believes the passenger is a threat to the safety of the flight. However, the pilot’s decision must be reasonable and based on observations of your actions, not stereotypes. If you are unfairly ordered off a plane, you can file a complaint with the airline or contact community organizations for support (e.g. ACLU). (CA ONLY) Can I fly with an AB 60 License?It is not recommended for an individual to fly with an AB 60 license (a driver’s license available for undocumented individuals in California). TSA has been inconsistent regarding the acceptance of AB 60 licenses. TSA could use the license as a basis to stop someone, question them, and ultimately refer them to ICE for possible deportation/ removal hearings or immigration detention. Referral to ICE by TSA can happen even if the passenger is not traveling internationally. Can I fly with a foreign passport or Employment Authorization Document Card?Yes, as noted above, the list of approved identification to fly domestically includes foreign government-issued passports (must be valid) and/or a U.S. Citizenship and Immigration Services Employment Authorization Card (I-766). There have been reports of individuals who were not able to fly with these documents due to erroneous TSA agent denials. In such instances, inform the TSA agent that according to posted Transportation Security Administration guidelines, these are acceptable documents. Here is the link: tsa.gov/travel/security-screening/identification We recommend that you review TSA’s most up-to-date guidelines before your domestic flight. Ground Transportation: Public Buses & TrainsThere have been reports, especially during the Trump Administration, of Border Patrol agents conducting immigration checks without warrants on buses and trains, such as Greyhound and Amtrak. Although Customs Border Patrol (CBP) has publicly said that its agents are prohibited from boarding buses/trains and questioning passengers without warrants or a company’s consent, it’s a good idea for any passenger to be aware of the following rights:
FAQ Regarding Ground TransportationCan I travel without a photo identification when using the local subway?Photo identification isn’t required when using the local subway systems within a metropolitan area. To travel beyond city limits (e.g. riding Amtrak) you need a valid photo identification. Can I travel without a photo identification when using a bus?To travel on a bus within a metropolitan area, all you need is a schedule and fare. To ride to locations that are further, (e.g. riding with Greyhound) you need a valid photo identification. Ground Transportation: DrivingLike citizens, certain non-citizens may be eligible to drive legally. In some states, certain non-citizens are eligible to apply for a driver’s license. Check your state’s Department of Motor Vehicles (DMV) to determine if you are eligible to apply for a driver’s license regardless of your immigration status. If you are stopped by either law enforcement or immigration enforcement while in your car, consider the following recommendations:
FAQ Regarding DrivingCan the police ask me about my immigration status?Yes. However, under the Fifth Amendment, 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. Note: Separate rules apply at international borders and airports, and for individuals on certain nonimmigrant visas, including tourists and business travelers. If you’re not a U.S. citizen and have valid immigration papers, show them if an immigration agent requests it. Do not lie about your citizenship status or provide fake documents. What is a Border Patrol checkpoint?The United States Border Patrol operates traffic checkpoints, including 33 permanent traffic checkpoints near the Mexico-United States border. Border Patrol can conduct checkpoints within 100 miles of the border. DHS sometimes enters buses or trains and asks for passengers’ documents. Along these checkpoints, Border Patrol agents may stop a vehicle for brief questioning of its occupants even if there is no reason to believe that the particular vehicle contains undocumented individuals. Furthermore, Border Patrol agents have wide discretion to refer motorists selectively to a secondary inspection area for additional brief questioning. (CA ONLY) Where are some checkpoints in California?Below are some noted checkpoints within California. Be prepared. Plan your route of travel and check before traveling.
Traveling to U.S. TerritoriesUndocumented individuals who hold a temporary protection (e.g. TPS/DACA-recipients) may travel to the U.S. Territories without Advance Parole. However, it’s important to know where and how to safely travel overseas to the U.S. Territories. IMPORTANT: Travelling to the U.S Territories without DACA, even though a person has never technically left the U.S., could result in a referral to ICE for removal.
You may also find the following information on the U.S. Customs and Border Protection (USCBP) website helpful. [1] If you’re traveling with an expired license or passport you may still be able to fly. Acceptable forms of ID cannot be more than 12 months past the identified expiration date. Click here for more information. Back to Resources Can an undocumented person get an ID in the US?On Friday, Gov. Gavin Newsom signed AB 1766 into law, allowing undocumented people in California to apply for state identification cards.
Can I get a Texas ID without a social?To enhance security, reduce the risk of identity theft or fraud, and to protect the integrity of the issuance process, an applicant for a driver license or ID card must present his or her Social Security card or other acceptable documentation containing the individual's full social security number (SSN).
Can you get a driver's license if you are illegal in Texas?The short answer to his first question is no. The Texas Department of Public Safety asks applicants for an ID or driver's license to provide the following information, according to its website: U.S. citizenship or evidence of lawful presence in the U.S. Texas residency.
Can a non citizen get an ID?If you are a lawfully present non-U.S. citizen, you are eligible to apply for a REAL ID driver's license or ID card. All documents must show the same name and/or date of birth, or an association between the information on the documents. All immigration documents must reflect your current name.
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