A controversial new directive from President Donald Trump to deploy Immigration and Customs Enforcement agents to U.S. airports starting March 23 is raising urgent questions about travelers’ rights. Trump’s move comes during a prolonged federal government shutdown that is affecting funding for the Department of Homeland Security.
The Transportation Security Administration is facing staffing shortages due to weeks of unpaid federal workers, leading to long lines and delays nationwide. In response, the administration announced that ICE agents would be sent to assist with airport operations.
“President Trump is using every tool available to help American travelers who are facing hours long lines at airports across the country—especially during this spring break and holiday season that is very important for many American families,” Acting Assistant Secretary of Homeland Security Lauren Bis said in a statement to USA TODAY. Both TSA and ICE fall under Homeland Security. “President Trump is taking action to deploy hundreds of ICE officers, that are currently funded by Congress, to airports being adversely impacted. This will help bolster TSA efforts to keep our skies safe and minimize air travel disruptions.”
“There are roles we can play to release TSA officers from the non-significant roles, such as guarding an exit so they can get back to the scanning machines and move people quicker,” White House border czar Tom Homan, whom Trump appointed to lead the operation, said. “We’re just simply helping our fellow officers at TSA.”
Critics, including federal worker unions, argue that introducing immigration enforcement officers into airport environments could create confusion and fear among travelers.
Travelers may feel pressure to comply with agents’ questioning so they don’t miss their flight or hold up security lines. “I think it gets to the fact that an airport feels to many people like a captive audience situation, which is part of why it is so inappropriate and so unfair to add the possibility of harassment by ICE to people already in a vulnerable position,” said American Civil Liberties Union Director of Border Strategies Jonathan Blazer.
Against this backdrop, civil liberties experts emphasize that travelers, regardless of immigration status, still retain constitutional protections.
For U.S. citizens, airport security checkpoints remain governed primarily by administrative screening rules rather than criminal law enforcement.
Travelers are required to present identification and comply with TSA screening procedures to board a flight. However, legal experts note that citizens generally have the right to remain silent when questioned by law enforcement, including ICE agents, beyond basic identification in certain contexts. Legally, U.S. citizens are not required to provide proof of citizenship, although many do so out of safety concerns, even when traveling domestically.
“A lot of U.S. citizens are now choosing as a matter of self-protection to carry their passports,” said Blazer. “Especially those who believe that they’re going to be perceived to be foreign because of their appearance or their accent. People are now feeling pressure to do things that they have the right not to do.”
If stopped, passengers only need to answer routine questions about the nature of their trip and confirm their identities. However, they could face detainment or further inspection if they refuse to let their phone be searched, according to an ACLU Know Your Rights Guide.
Importantly, ICE agents do not have unlimited authority to detain or question U.S. citizens without cause. The Constitution’s Fourth Amendment protects against unreasonable searches and seizures, meaning that prolonged detention or invasive questioning typically requires reasonable suspicion or probable cause. Travelers’ rights are weakened within 100 miles of U.S. borders, putting anyone subject to a warrantless search of their devices to a certain point. Past incidents have raised concerns about overreach, including cases in which U.S. citizens were mistakenly detained by immigration authorities.
Lawful permanent residents and visa holders also have significant rights at airports, though their situation is more complex.
They are generally required to answer questions related to their immigration status when entering the United States, but they still retain due process protections under the Fifth Amendment. By law, green card holders and other immigrants with lawful status are required to keep their documentation on their person.
Noncitizens, particularly those without legal status, may face broader questioning from ICE. However, they still have key rights: the right to remain silent, the right to refuse consent to searches of personal belongings in some circumstances, and the right to request an attorney if detained. ICE agents also need reasonable suspicion to detain someone for extensive questioning, although there are reported incidents where they have made investigatory stops without probable cause, the ACLU said.
Having an attorney’s contact on standby – preferably on an easily accessible piece of paper – could be useful if passengers feel their rights are being violated. Requesting to call an attorney depends on the situation, including cases of prolonged detention, Noor Zafar, senior staff attorney at the American Civil Liberties Union’s Immigrants’ Rights Project, previously told USA TODAY. Travelers should keep in mind that officers have the authority to deny the request.
The ACLU has also advised that noncitizens may want to consult an immigration attorney about whether to reconsider international travel at this time as a precaution.
Legal challenges dating back to earlier Trump-era immigration orders have underscored that even noncitizens at airports cannot be denied basic legal protections, such as access to counsel and protection from unlawful detention.
Civil rights advocates caution that the presence of ICE agents in airports may blur the line between routine security screening and immigration enforcement. While ICE has authority under federal law to make immigration arrests, that authority is not unlimited and must still comply with constitutional safeguards.
As the shutdown continues and ICE deployment begins, travelers could be entering an uncertain legal landscape.
This story has been updated to add new information.
