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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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