ICE Arrests Foreign Nationals on Domestic Flights with Pending Applications for Immigration Benefits
In recent weeks, U.S. Immigration and Customs Enforcement (“ICE”) has reportedly questioned and, in some cases, arrested foreign nationals traveling domestically through U.S. airports after their prior immigration status had expired. Public reports indicate that many of these individuals had no criminal history and remained in a period of authorized stay based on a timely filed, pending application for immigration benefits. At least one report involves a foreign national who was detained while a timely filed H-1B extension-of-stay petition was pending.
Background
It appears that ICE’s airport arrests are facilitated by an information-sharing arrangement between ICE and the Transportation Security Administration (TSA), formalized in a memorandum of agreement signed in May 2025.
The publicly documented cases are not limited to individuals with criminal histories or final orders of removal. Reports indicate that ICE has arrested individuals whose prior lawful status had expired but who timely filed applications for adjustment of status or asylum and were therefore in a period of authorized stay while those applications remained pending.
Reported cases also include individuals holding valid employment authorization documents or advance parole.
Although there are reports indicating that at least one person with an expired period of stay and timely filed H-1B extension pending has been detained, the specifics of that case have not been confirmed. It is unclear whether other nonimmigrants in this situation are specifically being targeted.
It does not appear that persons who have an extension or other benefit request pending are being targeted where their previously issued status is still valid. The enforcement action appears limited to situations where the previous status has expired.
Break from Prior Enforcement Practice
Although a pending application for immigration benefits does not, by itself, confer lawful immigration status, DHS’s current enforcement position represents a significant departure from the practices followed under prior administrations, when ICE ordinarily refrained from pursuing enforcement against individuals with properly filed, pending requests for immigration benefits. Immigration judges have similarly used continuances and, when available, administrative closure to permit USCIS to adjudicate pending benefit requests before removal proceedings move forward.
USCIS Processing Delays Compound the Risk
ICE’s heightened enforcement posture at airports is compounded by lengthy USCIS processing times. Although nonimmigrant extension petitions and many other immigration benefit requests generally cannot be filed more than six months before the applicant’s current Form I-94 expires, USCIS now takes eight months or longer to adjudicate many extension-of-stay and change-of-status requests under regular processing.
Premium processing is intended to bridge this gap by requiring USCIS to take action within 15 business days in exchange for an additional filing fee. Yet, for the first time since the premium processing program was introduced approximately 25 years ago, USCIS has in recent months failed to adjudicate a significant percentage of premium processing cases within the required timeframe.
What This Means for Employers and Employees
Individuals whose Form I-94 or other evidence of immigration status has expired, and who remain in the United States based solely on a timely filed, pending application or petition for an extension of stay, change of status, adjustment of status, asylum, or another immigration benefit, may face heightened risk when traveling domestically by air. Until ICE provides greater clarity regarding its enforcement policy, we recommend that such individuals avoid domestic air travel for the time being.
Where a person’s previously issued status has expired, they should carry with them at all times the receipt notice or other evidence of timely filed extension, or application for new immigration benefits, along with their most recently approved I-94, or other status document.
We will provide more information as it becomes available.