July 31, 2026
Under the current Trump administration, travelers have grown accustomed to a heightened ICE presence at airports, with ICE conducting (previously-rare) apprehensions of travelers, and even filling in as temporary security during the government shutdown. Prior to this month, ICE’s airport apprehensions almost exclusively targeted those with clear overstays or final removal orders. However, beginning in mid-July, we began hearing reports of ICE detaining people with expired visas, who may normally not have been considered “clear visa overstays,” e.g. people with pending asylum applications, or people attempting to change to a new status.
ICE’s Presence at Airports
As early as December 2025, there had been reporting about TSA’s decision to share passenger data with ICE – something that was previously unheard of. The administration denied those reports, but a FOIA request revealed their truth: TSA has been “sharing names and birth dates of travelers believed to have been ordered out of the country by an immigration judge,” as per the New York Times.
However, it seems the net is now being cast wider, with attorneys in the San Francisco area telling reporters that they have seen “travelers with pending asylum claims, green card applications, student visas, and work visas” detained at airports in San Francisco and elsewhere, despite having no criminal records or active removal orders.”
Who Should Be Concerned?
Anyone who has overstayed their visa or lacks valid status should be cautious about domestic air travel, even if they are in the process of applying for new status or deportation relief. Those with existing removal orders are also clear targets for airport enforcement actions.
As of today, there are no indications that ICE is targeting people in valid status who hold valid U.S. visas. Nor is there concrete reporting of instances where ICE is detaining people who – though lacking a currently valid visa – are nevertheless in a valid nonimmigrant status. Many nonimmigrants (e.g. H-1B nonimmigrant workers) maintain valid status for years after their visas have expired. Such workers theoretically only need a valid visa if they wish to re-enter the U.S. after foreign travel, and should not be subject to ICE action on the basis of lacking the re-entry authorization provided by such a visa.
However, in the absence of any direct confirmation from the government that these apprehensions represent a change in policy or priority, travelers should exercise caution. Anyone in the United States without a currently valid U.S. visa – even if in legal status – should consider discussing their situation with an immigration attorney before planning domestic or international travel.
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