Posted August 3rd, 2026 in Top Stories with Tags Corporate Immigration, Immigration Law, Immigration

Increased Risk in Domestic Travel for Foreign Nationals: What Employers and Their Foreign-Born Employees Need to Know

The New York Times recently reported on U.S. Immigration and Customs Enforcement (ICE)’s expansion of immigration enforcement efforts at airports across the country. According to these reports, ICE is detaining individuals at various stages of domestic air travel, including travelers lawfully present in the United States with pending applications for immigration benefits. Those affected include individuals awaiting decisions on extensions of status, changes of status, adjustment of status applications, asylum applications, and other employment-based filings.

To grasp the significance of this development, it is important to understand the distinction between a visa and immigration status. Although the terms are often used interchangeably, they serve different purposes under U.S. immigration law. A visa is travel authorization issued by a U.S. consulate or embassy abroad that generally permits an individual to travel to and seek admission into the United States. Put another way, a passport visa does not serve as evidence of an individual’s status in the United States. This means that a visa expiration date governs the period during which the individual may travel to the country and request permission to enter. By contrast, immigration status governs how long an individual is authorized to remain in the United States after being admitted.

As a result, an individual may lawfully enter and remain in the United States in lawful immigration status even if they have an expired visa. This is true even if a person has timely filed an application requesting an extension or a change in their status. Immigration law permits continued stay during the pendency of such applications. While such persons do not technically have immigration status while their applications are pending, they are authorized to remain in the United States until their applications are adjudicated.

Recent reports suggest that enforcement efforts have extended beyond individuals with deportation orders to include certain noncitizens whose immigration status has lapsed but who have a pending timely-filed immigration benefit application, and those with lawful status whose visas have expired. With increased ICE enforcement at U.S. airports, individuals in an authorized period of stay under U.S. law are at risk of arrest during domestic travel.

Historically, airport-based immigration enforcement largely focused on individuals unlawfully present in the United States, those with removal (i.e., deportation) orders, and other significant enforcement priorities. Recently, the scope of enforcement has expanded to those lawfully present in the United States who have pending applications that authorize them to remain in the United States, as ICE works with both cooperating airlines and with the Transportation Security Administration (TSA) to focus on foreign national domestic travelers that it has not previously targeted.

Employer Considerations

Employers that sponsor foreign national employees should carefully evaluate business travel plans in light of these recent enforcement trends. Individuals with pending extensions of stay, change of status applications, adjustment of status applications, expired visas, or other unresolved immigration matters should consult immigration counsel before undertaking domestic air travel. Employers should also ensure that sponsored employees maintain copies of relevant immigration filings, approval notices, employment authorization documents, and other evidence of lawful status. Here is a list of documents that serve as proof of lawful immigration status. Proactive planning can help minimize disruptions to business operations and reduce the risk of unexpected immigration-related complications.

The immigration team at Nilan Johnson Lewis is available to answer questions that employers and their foreign-born employees may have regarding the risks of domestic travel.