Traveling With An Immigration Hold: Passport Alternatives

how to travel if immigration has my passport

Travelling without a passport can be a complicated and stressful process, especially for undocumented individuals. However, it is not impossible, and there are a few things you can do to prepare. Firstly, it is important to note that you will need some form of identification to travel, such as a state photo identity card, a state driver's license, a foreign passport, or a U.S. Citizenship and Immigration Service Employment Authorization Card. Additionally, you should ensure that the name on your ticket matches the name on your ID exactly and that you have all the necessary documentation with you. It is also a good idea to have a safety plan in place and to be aware of your rights when travelling without a passport. For example, you do not have to provide your phone password to government officials, and you can refuse a search of your belongings. Finally, if you are travelling by plane, it is recommended that you arrive at the airport early to avoid any last-minute stress.

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Domestic flights: TSA-accepted forms of ID

For domestic flights, the TSA accepts several forms of ID for adults over 18. These include:

  • Driver's licenses or other state photo identity cards issued by the Department of Motor Vehicles (or equivalent). From May 7, 2025, these must be REAL ID-compliant.
  • DHS trusted traveler cards (Global Entry, NEXUS, SENTRI, FAST)
  • U.S. Department of Defense ID, including IDs issued to dependents
  • Permanent resident card
  • Border crossing card
  • Federally recognised, tribal-issued photo ID, including Enhanced Tribal Cards (ETC)
  • Foreign government-issued passport
  • Canadian provincial driver's license or Indian and Northern Affairs Canada card
  • Transportation worker identification credential
  • U.S. Citizenship and Immigration Services Employment Authorization Card (I-766)
  • U.S. Merchant Mariner Credential
  • Veteran Health Identification Card (VHIC)

Children under 18 do not need to provide identification when travelling within the United States.

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Ground transport: public buses & trains

There have been reports of Border Patrol agents conducting immigration checks without warrants on buses and trains, such as Greyhound and Amtrak. Although Customs Border Patrol (CBP) has 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 to be aware of the following rights:

  • You have the right to remain silent.
  • When in doubt, do not answer questions about your citizenship or immigration status or sign any paperwork without the advice of a lawyer. Do not lie – silence is often better.
  • If you have valid immigration papers, you can provide them. Never provide false documents.
  • You can refuse a search of your belongings by saying “I do not consent to a search.”
  • You have the right to record video of immigration agents.
  • If you are stopped or searched, you have the right to ask for the officer’s name/ID number.

To travel on a bus or train within a metropolitan area, you do not need a photo ID. However, to travel beyond city limits (e.g. riding Amtrak or Greyhound), you need a valid photo identification.

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Ground transport: driving

If you are undocumented and planning to travel by car in the United States, here are some guidelines to follow:

Firstly, determine whether you are eligible to drive legally in the state you are in. Certain non-citizens may be eligible to drive and apply for a driver's license in specific states. Check with your state's Department of Motor Vehicles (DMV) to confirm your eligibility.

If you are stopped by law enforcement or immigration authorities while driving, follow these recommendations:

  • Stop the vehicle in a safe place as quickly as possible. Turn off the car, turn on the internal light, open the window partway, and place your hands on the steering wheel.
  • Upon request, show the police your driver's license, registration, and proof of insurance.
  • If an officer or agent asks to search your car, you can refuse. However, if the police believe your car contains evidence of a crime, they can search it without your consent.
  • Both drivers and passengers have the right to remain silent. If you are a passenger, you can also ask if you are free to leave; if so, silently comply.

It is important to know your rights when interacting with law enforcement or immigration authorities. You have the right to remain silent and do not have to answer questions about your citizenship or immigration status. Do not lie about your status or provide false documents.

Additionally, when travelling by land within the United States, there are a few considerations to keep in mind:

  • For public buses and trains: there have been cases where Border Patrol agents have conducted immigration checks without warrants. Although Customs Border Patrol (CBP) prohibits these actions without a warrant or consent, be aware of your right to refuse searches of your belongings, present valid immigration documents if you have them, and record video of immigration agents.
  • For other ground transportation: confirm with the transportation company in advance about the necessary documents required for your journey, as requirements may vary.

By following these guidelines and being aware of your rights, you can better prepare for ground transportation and driving in the United States as an undocumented individual.

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Travel to US territories

If you are an undocumented individual who holds temporary protection, such as TPS/DACA, you may travel to US territories without Advance Parole. However, it is important to know where and how to travel safely.

Preparing for Your Travel to US Territories:

  • Ensure your DACA is valid for your entire trip. Do not allow it to expire while you are outside of the US mainland, even if you have a renewal pending.
  • Bring your USCIS documents showing your granted deferred status. Depending on where you travel, you may be subject to customs inspections, and having proof of your granted deferred status can help make this process smoother.
  • Ensure there are no layovers outside of the US states and territories. Make sure there will be no planned or emergency landing in a foreign country. For example, if travelling to the US Virgin Islands, do not enter the Dominican Republic due to bad weather.
  • Check the US Customs and Border Protection (USCBP) website for more information.

US Territories:

  • US Virgin Islands: St. Thomas, St. John, and St. Croix. These islands are easily accessible to Americans without a passport. St. John, in particular, is a haven for nature lovers, with two-thirds of the island designated as the US Virgin Islands National Park.
  • Puerto Rico: a rich Spanish colonial history is prominently displayed in its capital, San Juan. Beyond the city limits, you can find gorgeous white sand beaches, lush rainforests, cascading waterfalls, and diverse tropical wildlife.
  • Guam: a stunning island territory with pristine white-sand beaches, warm waters, and expansive tropical forests. Guam is a haven for outdoor enthusiasts, offering world-class snorkelling, scuba diving, hiking, and fishing.
  • Northern Mariana Islands: an idyllic destination nestled in the western Pacific Ocean, offering a variety of outdoor activities such as snorkelling, swimming, and sunbathing. The Northern Mariana Islands also serve as a unique cultural destination, with a diverse population reflecting the islands' rich history.
  • American Samoa: a breathtaking and culturally rich US territory, home to some of the world's most pristine and untouched natural beauty. Each of the five islands boasts stunning beaches, vibrant coral reefs, lush tropical forests, and cascading waterfalls. American Samoa also offers rich immersion in traditional Polynesian culture.

Important Notes:

  • Travelling to the US Territories without DACA could result in a referral to ICE for removal, even though a person has never technically left the US.
  • While a passport is not required for these destinations, a valid ID is necessary for air travel.
  • The British Virgin Islands are not a US territory, and a valid US passport is required to travel to and from these islands.

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Travel while having a deportation order

If you have a deportation order, it is important to act quickly. A deportation order, or "order of removal", is issued by U.S. immigration authorities when they deem a foreign national should be removed from the United States. This could be due to a number of reasons, including: illegally entering the country, committing a crime, or being a threat to public safety.

How to Find Out if You Have a Deportation Order:

There are a few ways to find out if you have a deportation order:

  • Contact the Immigration Court: You can file a FOIA (Freedom of Information Act) request for your immigration records. This is a good option if you have gone through immigration court. Call 1 (800) 898-7180 and follow the instructions. You will be asked to enter your alien number.
  • Consult an Attorney: If you have not been through immigration court, it may be difficult to know your status without legal assistance. An immigration attorney can help you understand your options and determine a strategy.

What to Do if You Have a Deportation Order:

If you have received a deportation order, do not ignore it. Contact an experienced immigration attorney immediately to analyse your case and determine your next steps. You have the right to appeal a deportation order, but there is a legal deadline of 30 days from the issuance of the order to do so. The appeal is done through the Immigration Court Form EOIR-26, and you will need an attorney to file it.

Travel with a Deportation Order:

It is important to note that travelling with a deportation order is a complex and risky matter. If you are facing deportation, it is highly recommended that you seek legal advice and understand the specific circumstances of your case before making any travel plans. That being said, here are some general points to consider:

  • Domestic Travel: If you are travelling within the United States, you will need a valid photo ID issued by the state or federal government. This could include a state photo identity card, driver's license, foreign passport, or other forms of ID accepted by the TSA. Keep in mind that if you are travelling by air, your name on the ticket must match the ID you are using.
  • International Travel: Travelling internationally with a deportation order is extremely risky and may result in your removal from the United States. If you choose to travel internationally, consult an attorney to understand the potential consequences and develop a safety plan.

Frequently asked questions

All 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:

- State photo identity card

- State driver’s license

- Foreign passport (must be unexpired)

- U.S. Citizenship and Immigration Service Employment Authorization Card

- Trusted traveler cards such as the NEXUS, SENTRI and FAST cards issued by the Department of Homeland Security (“DHS”)

- Border-crossing cards

- Native American tribal ID cards

- Airline or airport photo ID cards issued in compliance with TSA regulations and transportation worker ID credential

If you are involved in an immigration process and plan to leave the country, you will need the appropriate documents to return. These can be advance travel permission (advance parole) or re-entry permission.

A:

- A Form I-20, endorsed for travel and signed by your DSO

- You have been out of the United States for less than five months

- A current passport valid for at least six months after the date of your reentry or, if you are from one of the countries listed below, a passport that is current through the date of entry

- A valid, current visa or you traveled to a contiguous country or adjacent island for less than thirty days

- Financial information showing proof of necessary funds to cover tuition and living expenses

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