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UPDATE: Immigration Arrests at U.S. Airports (Sep. 2026)

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UPDATE: Immigration Arrests at U.S. Airports (Sep. 2026)

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Immigration enforcement at U.S. airports has escalated sharply since we first covered this topic in an article in January. ICE arrests hit a record high of roughly 51,000 people nationwide in July 2026, and the agency is now averaging 20 to 40 arrests a day at airports alone, according to Stateline. Airports remain anything but a “low-risk” setting for enforcement — and who is being swept up has shifted.

A Growing Target: People With Pending Cases and Work Permits

The biggest change is who is getting detained. A CBS News investigation found that TSA and ICE quietly expanded their data-sharing agreement in May 2025 — disclosed publicly only this July — reaching beyond criminal and public-safety cases into routine civil immigration enforcement. That expanded reach now catches people who simply overstayed a tourist or other nonimmigrant visa but later filed for asylum or adjustment of status, placing them in a period of authorized stay while their case is pending — many with valid work permits. One ICE source told CBS News that domestic air travel is now “stupid” for anyone with a tenuous immigration history, even though a properly filed pending application generally protects against removal while it’s being decided.

TIME reported on the case of one airline employee and how ICE has enlisted gate agents to help identify and hold passengers — a practice some airline employees are quietly resisting.

Who Is Most at Risk

Consistent with the National Immigration Law Center’s (NILC) guidance, people at elevated risk now include:

  • Anyone with a final removal order, even an old one
  • Those who lost temporary status or parole, such as TPS, CHNV parole, Uniting for Ukraine, or CBP One
  • Anyone with an expired visa
  • People with a pending application — asylum, adjustment of status, or a status renewal — even with a valid work permit
  • Lawful permanent residents with old charges or complicated immigration histories

What Happens If Someone Is Arrested at an Airport

People arrested at airports may be taken into ICE custody immediately, transferred to a detention facility far from home, or placed on a deportation flight with little notice — often leaving families without information about where they were taken.

What to Do Before You Fly

  • Talk to an immigration attorney before traveling — a pending case no longer guarantees safe passage
  • Carry proof of your authorized stay, such as receipt notices, your EAD, and other pending-case documents
  • Make a family emergency plan in case you are detained
  • Remember you generally have the right to remain silent and to speak with a lawyer

Questions About Travel and Immigration Risk?

Our office regularly advises immigrants and families about travel risks and airport enforcement. If you are unsure whether it is safe for you to travel, consider speaking with one of our experienced immigration attorneys before making plans.

On September 18, 2026, the U.S. Court of Appeals for the First Circuit issued an important decision limiting the Department of Homeland Security’s ability to remove certain noncitizens to countries…

22Sep

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