U.S. Immigration and Customs Enforcement is actively targeting noncitizens traveling on domestic flights if they have pending immigration court cases, using passenger data shared by the Transportation Security Administration.
The Asian Law Caucus documented increased ICE detentions of domestic air travelers with pending immigration hearings as of July 2026, targeting people both before they board and upon arrival. This enforcement shift combines data-sharing with ICE's new courthouse strategy: rather than proceeding with scheduled hearings, immigration judges are granting ICE dismissal motions at unprecedented rates, which redirects individuals into expedited removal—a faster deportation process with fewer due process protections. The policy creates a direct risk for anyone with an unresolved immigration case who travels by air.
Table of Contents
- How TSA Data Enables the Targeting
- The Courthouse Dismissal Strategy
- Removal Rates and Detention Scale
- What This Means for Travelers with Pending Cases
- Legal Challenges and Courthouse Arrests
- Frequently Asked Questions
How TSA Data Enables the Targeting
TSA began sharing passenger manifests with ICE in early 2025 under a formal data-sharing agreement, supplying names, dates of birth, and flight itineraries multiple times weekly. By February 2026, ICE had received records on over 31,000 travelers through this channel, according to Truthout's analysis of federal documents. The data enables ICE to identify individuals in advance and position officers at airports before boarding or upon arrival.
This mechanism targets not only people with active deportation cases but also those with pending USCIS benefit applications such as I-485 (adjustment of status) or valid employment authorization documents. The department of Homeland Security announced in July 2026 that domestic flight protections for visa holders and those with pending applications have been eliminated, expanding the enforcement scope to include travelers previously considered lower priority.
The Courthouse Dismissal Strategy
Rather than proceeding to scheduled hearings, ICE attorneys have shifted to requesting case dismissals—a tactic that enables expedited removal, which bypasses the full immigration court process. Between May and July 2025, ICE filed 6,210 motions to dismiss cases, with immigration judges granting approximately 80% on the spot, according to American Immigration Council data from FOIA requests.
The grant rates vary sharply by court. At Van Nuys Immigration Court in Los Angeles, ICE filed 217 oral dismissal motions between May and July 2025, and judges granted 215 of them immediately—99% approval. Expedited removal means the individual is removed from the U.S. without a full hearing before an immigration judge, with limited appeal options. This strategy allows ICE to detain travelers exiting the courtroom.
Removal Rates and Detention Scale
Immigration courts reached unprecedented removal rates in June 2026, with judges ordering removal in 88% of all cases despite fewer than 2% of individuals being granted any relief. This marks a sharp departure from prior enforcement patterns, when individuals with pending applications were generally protected from arrest. Daily ICE arrests now exceed 1,000 people, nearly double the rate from early 2025, with an internal ICE memo from February 2026 outlining construction of eight mega-detention centers capable of housing 10,000 detainees each, planned to be operational by November 2026. The scale and speed of detention infrastructure expansion indicate this enforcement posture is expected to continue and expand.
What This Means for Travelers with Pending Cases
If you have a pending immigration court hearing or a pending USCIS application (such as I-485, I-130 family petition, or I-140 employment sponsorship), domestic air travel now carries material risk of ICE detention. The TSA does not notify individuals that their information is being shared with ICE, and you would have no advance warning of an enforcement action. The elimination of flight protections means: You do not need an outstanding deportation order to be targeted—pending status alone now qualifies you under the policy change.
- ICE can detain travelers with "unresolved" immigration status or expired arrival/departure records
- People with valid work permits and pending applications are no longer automatically shielded
- Detention can occur before boarding or upon landing, depending on ICE's operational decisions
- A case dismissal at court means immediate arrest without a full hearing
Legal Challenges and Courthouse Arrests
Immigrants and advocacy organizations have filed federal lawsuits challenging courthouse arrest tactics, arguing that DHS and DOJ abandoned long-standing policies prohibiting civil immigration arrests at immigration courthouses. The suits represent individuals arrested at court hearings plus legal aid organizations; courts have granted stays in some jurisdictions temporarily prohibiting ICE from conducting courthouse arrests. However, these challenges are jurisdiction-specific and do not provide protection across all courts or regions. The removal of courthouse protections means individuals summoned to their own immigration hearings face arrest risk upon exit, converting a scheduled legal proceeding into a detention event.
Frequently Asked Questions
If I have a pending I-485, am I protected from ICE on domestic flights?
No. As of July 2026, DHS eliminated flight protections for people with pending applications, including I-485, I-130, and I-140 cases, allowing ICE to detain travelers with "unresolved" status on domestic flights.
What happens if ICE files a motion to dismiss my case in court?
Immigration judges are granting 80-99% of ICE dismissal motions immediately. When a case is dismissed, ICE can move you into expedited removal, which bypasses the full court process and limits appeal options. You may be arrested upon leaving the courtroom.
Can I avoid this by not flying?
Domestic flight protections have been eliminated, but airport enforcement is one tactic among many. Anyone with pending immigration proceedings faces increased enforcement risk generally; consult with an immigration attorney about your specific situation before making travel decisions.
What should I do if I have a pending immigration case?
Contact an immigration attorney immediately to discuss your legal status, any pending cases, and what enforcement actions you may be at risk for. Do not travel domestically without legal advice specific to your situation. Document your pending applications and maintain copies of all official notices.