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IMMIGRATION AUGUST 14, 2026 | The Indian Eye 40
ICE Targets Noncitizens at
Domestic Airports Even When
They Are Authorized to Remain
BY CYRUS D. MEHTA AND has broadened dramatically. noncitizens who were arrest- § 287(a)(2) provides ICE the who are eligible for a benefit
In the past individuals with ed, however, had pending authority to arrest “to arrest like asylum or adjustment of
KAITLYN BOX*
a removal order or a crimi- adjustment of status, asylum any alien who in his presence status may not be removable.
nal history might have been applications or a request to or view is entering or at- Detaining noncitizens cannot
n recent weeks, reports vulnerable to apprehension extend or change nonimmi- tempting to enter the United be removed only contributes
have abounded of in-
Icreased ICE arrests at by ICE at airports, but indi- grant status, which allows States in violation of any law to the already lengthen immi-
viduals who were authorized
them to remain lawfully in
gration court backload, and is
or regulation made in pursu-
domestic airports. Arrests to remain in the U.S., even if the United States. Some of ance of law regulating the ad- an inefficient use of govern-
occurred at airports in at they did not have a valid non- the impacted noncitizens re- mission, exclusion, expulsion, ment resources.
least 15 different states, immigrant status, generally portedly had no criminal his- or removal of aliens, or to Likewise, DHS may ini-
which some of the impacted faced a low risk of enforce- tory and were in possession arrest any alien in the United tiate removal proceedings
noncitizens traveling only on ment during domestic travel. of valid Employment Autho- States, if he has reason to be- under INA § 237(a)(1)(B)
domestic flights. Although The new wave of arrests rization Documents (EADs) lieve that the alien so arrested against a noncitizen whose
airport ICE arrests are not at airports, however, has pri- and/or Advance Parole (AP) is in the United States in vio- nonimmigrant status has
a new phenomenon, partic- marily targeted noncitizens documents at the time of lation of any such law or reg- expired, even if that individ-
ularly during the Trump ad- whose nonimmigrant status their detention. There does ulation and is likely to escape ual has a pending adjust-
ministration, the categories has expired. Many of the not appear to be any partic- before a warrant can be ob- ment of status application.
of noncitizens being targeted
ular policy or rule change tained for his arrest…” INA Sure enough, this individual
driving this pattern of in- § 236(a) provides that: “On a may be able to ultimately
creased apprehension at warrant issued by the Attor- rely on the pending adjust-
airports. ney General, an alien may be ment of status application
A noncitizen who arrested and detained pend- as a defense against removal
has a pending adjust- ing a decision on whether the proceedings before an Im-
ment of status or asy- alien is to be removed from migration Judge. But in the
lum application and is, the United States.” Ordinari- meantime, the noncitizen
therefore, in a period ly, however, a noncitizen who must endure the burden of
of authorized stay is not is in a period of authorized being placed into removal
necessarily exempt from stay is unlikely to be a prior- proceedings, including the
arrest or detention. INA ity for detention. Individuals risk of detention, disruption
m of
CYRUS D. MEHTA & PARTNERS PLLC
2 6th Floor ICE agents detain noncitizen at airport amid rising domestic enforcement concerns.
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