Understanding the Risks of Traveling as an Undocumented Immigrant
As summer travel season begins, many immigrants are planning trips outside of New York City. However, a common concern arises: is it safe to travel if you’re undocumented or unsure about your immigration status? Whether visiting family in another state, heading to the beach, or exploring nearby cities, it’s crucial to understand your rights and the potential risks involved when traveling by bus, train, or car.
This information should not be considered legal advice. It is always recommended to consult with a qualified attorney or a Department of Justice (DOJ)-accredited representative for personalized guidance. The content was last updated in August 2025.
Safer Travel Options for Immigrants
The level of risk associated with travel depends on the mode of transportation you choose. In today’s environment of heightened enforcement, any travel can pose a risk of apprehension and detention by Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE). Here are some safer options:
Bus and Train Travel
Traveling by bus or train within the United States is generally considered safer than air travel for those without legal status. Unlike airports, which are federal zones with Transportation Security Administration (TSA) checkpoints, most bus and train stations do not require identification to board. While immigration enforcement presence is possible, it is rare.
Despite this, there have been reports of Border Patrol and ICE conducting checks at train stations, particularly near state borders and major transit hubs. The ACLU has documented cases of random checks on Greyhound and Amtrak routes, especially within 100 miles of the U.S. border.
If you are stopped during such checks, consider the following recommendations:
- Do not answer questions about your citizenship or immigration status without consulting a lawyer.
- Do not lie. You have the right to remain silent.
- If you have valid immigration documents, you may provide them, but never offer false documents.
- You can refuse a search of your belongings by stating, “I do not consent to a search.”
- You have the right to record videos of immigration agents.
- If stopped or searched, ask for the officer’s name or ID number.
Traveling by Car
When driving, you are more likely to encounter police officers who may pull you over for traffic violations. Interior immigration checkpoints are more common on routes near the U.S. borders with Mexico and Canada.
It’s important to note that you can obtain a New York driver’s license even if you’re undocumented. Here are some recommendations if you are stopped by law enforcement or immigration agents:
- Stop the car 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 wheel.
- Upon request, show the police your driver’s license, registration, and proof of insurance.
- If asked to search your car, you can refuse. However, if the officer believes your car contains evidence of a crime, they may search it without your consent.
- Both drivers and passengers have the right to remain silent. As a passenger, you can also ask if you’re free to leave. If yes, silently leave.
Air Travel Considerations
Flying within the U.S. can be risky for undocumented individuals. The TSA requires a valid government-issued ID or passport to travel by air. For a full list of acceptable forms of ID, visit the TSA website.
There have also been reports of passengers being flagged and questioned about their immigration status at airports, especially under previous administration policies that increased enforcement tactics.
What to Do if Approached by Law Enforcement
Here are key steps based on know-your-rights guidance from organizations like the ACLU and the Immigrant Legal Resource Center:
- You have the right to remain silent. You don’t have to answer questions about your immigration status. You can say, “I am exercising my right to remain silent.”
- You do not have to show ID to police unless you’re driving and asked to present your license. You must show ID at Border Patrol checkpoints.
- If ICE or Border Patrol agents ask to search you or your belongings, you can say, “I do not consent to a search.”
- Always stay calm and avoid running or arguing.
For more information or specific questions about how these guidelines apply to your situation, consider reaching out to an expert for free, confidential assistance.
