Having an open asylum application or authorization to work does not necessarily prevent immigration detention while taking a domestic flight in the United States.

Immigrant arrests at U.S. airports are raising concerns among immigration attorneys and advocacy organizations.

People with pending asylum applications and even valid work permits could be detained by ICE if their immigration circumstances allow authorities to take enforcement action.

  • Why it matters: A pending application or work permit is not the same as having an approved immigration status. That distinction can become a risk when traveling through an airport.

TSA Shares Passenger Information With ICE

TSA, ICE, DATA, PASSENGERS, IMMIGRANTS, ICE airport arrests
ICE Airport Arrests if You Have a Pending Asylum Case or Work Permit – PHOTO: Referential image recreated with AI

The Transportation Security Administration (TSA) and Immigration and Customs Enforcement (ICE) are both part of the Department of Homeland Security (DHS).

According to an agreement disclosed by American Oversight and reported by ABC News, TSA can share passenger information with immigration authorities.

ICE can compare that information with its own records to identify people who may be subject to arrest.

  • How it works: The information shared can allow ICE to identify someone before or while they are passing through an airport.
  • By the numbers: ABC News reported at least 27 ICE airport arrests using this tactic, although the document obtained by the outlet did not specify the period during which they occurred.

Immigration attorney Rosanna Berardi told ABC News that ICE already had the authority to detain people with final deportation orders or expired immigration status. What is new, she explained, is the location and method being used.

Pending Asylum and a Work Permit Do Not Mean the Same Thing

The key issue for travelers is understanding the distinction between having a pending application, having authorization to work and holding an immigration status that provides other protections.

DHS has emphasized this distinction.

“A work permit or pending application does not confer lawful status in the United States,” an agency spokesperson said in the case of Oswaldo Pirela.

NBC News has also documented arrests of asylum seekers without criminal records in different states.

DHS told the outlet that having a pending asylum case does not necessarily prevent immigration authorities from taking enforcement action.

  • Who could be affected: Immigration advocacy organizations warn of greater risks for people with deportation orders, expired visas, terminated temporary statuses or immigration applications that are still pending.
  • The caveat: This does not mean that everyone with a pending asylum case will be detained when boarding a plane.

Oswaldo Pirela’s Case Highlights the Risk of ICE Airport Arrests

The recent case of Oswaldo Pirela, a minor league catching coordinator for the San Diego Padres, brought renewed attention to the issue.

Pirela, a 34-year-old Venezuelan, was detained by ICE at El Paso International Airport while returning from a work trip.

His family said he has a pending asylum application and has continuously renewed his work authorization.

DHS offered a different account, saying Pirela does not have lawful status and will face deportation proceedings.

  • The difference: His family points to his pending immigration proceedings and valid permits, while DHS maintains that these do not amount to lawful immigration status.
  • What’s next: Pirela remained in ICE custody while his immigration proceedings continued.

What Should You Check Before Traveling by Air?

Immigration attorney Haim Vásquez has warned about the risks of domestic flights for people with pending asylum proceedings under current detention practices.

Immigrant advocacy organizations recommend evaluating each case individually with an attorney before traveling and preparing for the possibility of detention.

  • Before traveling: Check whether there is a deportation order, carry physical copies of important immigration documents and consider alternatives to air travel when the individual risk is high.
  • Family plan: Keep the phone numbers of an attorney and family members readily available and arrange for someone to care for children or handle other responsibilities in the event of detention.

Having a work permit or an open immigration case can demonstrate that a person has an ongoing proceeding with the government, but neither guarantees on its own that ICE cannot detain them.

For that reason, the risk of ICE airport arrests depends on each traveler’s specific immigration circumstances.

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SOURCES: NBC News / The Guardian / Nilc / Univision / ABC News