Undocumented traveling within the United States and REAL ID effects

One day, Janae, a student at High School for Environmental Studies, narrates the story when she and her undocumented mother wanted to go to California to visit family for the holidays. But little did she know that on their first vacation out of town, they were going to experience a rush of adrenaline. When going through the first checkpoint at John F. Kennedy International airport, her mom was stopped by an immigration agent. The reason was an expired visa in her passport. 

Consequently, they were both moved to a separate cubicle where the agent was running her mom’s information through the system. After 30 long and anxious minutes, the agent dismissed them with a warning for Janae’s mother. Both her mother and she boarded the aircraft, with a pale tone in their faces, and later on told this story to their relatives on Christmas eve.

Janae believes that they were let go because her mom’s record has always been clean of any criminal acts and because the agent that stopped them was a young woman, “who might have felt mercy for her and her mother,” says Janae. 

The experience that they had has remained with them until today, and they haven’t even been on an airplane since that first time in 2018.

Similar stories like the one from Nelsi, a student at Union Square for Health Sciences, explains that “Even though [she’s] a citizen of America. [She} wouldn’t risk all [her] parents’ hard work to bring [her] here.” This mindset describes someone who appreciates what she has and would not risk it all for a selfish desire or anything that threatens the integrity of her presence in the country.

This and many other reasons make the undocumented community afraid of traveling domestically in the United States. However, while there are reasons to be afraid, there are also methods that can make the situation more secure. Don’t hold off on going on a trip now! Because if you do so, the opportunity of traveling as an undocumented immigrant may not be possible with the new REAL ID act becoming active in 2023, at least by air.

Present Valid Documentation

If you live in the State of New York, you might know by now that you can obtain a State ID by just showing proof of living in New York. The State ID works very well for the undocumented community since they can present that anywhere as their primary identification method. In many cases, when traveling inside the country, this will be your best friend. 

History teacher Ms. Perez states that the many times she has traveled in an aircraft, “domestically, just the State ID” was the documentation she was asked for in a checkpoint. She adds that “In New York City, they have the ID card that anybody can apply to, regardless of immigrant status.”

Ms. Resto, also a history teacher at NYC iSchool, says that in an airport she was asked for her “ID [and] that was it,”when passing through the required checkpoint. 

According to the Law offices of Jacob J. Sapochnick says, “Someone who’s not legal in the country can travel in the United States if they have a valid passport or id.” 

Lawyer Jessica Dominguez, who’s very well known among the undocumented community for giving helpful tips and supporting the community on the media, claims that  “If the agent of immigration wants to do a further inspection, that’s when you run the risk of being deported.” 

As a tip for undocumented people who wants to travel, remember that when presenting the documentation you’re asked for at the airport, always try to show valid documentation because this will help you avoid more risks than what already exists for the undocumented individuals. 

Another thing to keep in mind is that at the checkpoint, you might be asked for either passport or ID. As what happened to Gabriela, who’s part of the undocumented community and the mother of an American citizen child, says, “I went to Florida last year, and even when I had a state ID, the immigration agent told me to use my passport.” She explains that the immigration agent saw her tension and this is why he asked for her passport instead. However, Gabriela says,“She looked at my passport and my boarding ticket, and let me through the checkpoint… the same thing happened coming back home from Florida.” The confused tone that Gabriela used to explain the events, displays that the immigration agents’ methods are still mysterious and unpredictable in a way. 

But one thing’s for sure. Gabriela learned to be more calm and don’t panic in front of authorities because she believes her behavior raised more suspicions. When there’s no guilt or criminal acts in your record, you should not think of the worst when facing the authorities because you will raise suspicion like Gabriela’s experience.

Know Your Rights

In the event that you get stopped by an immigration agent for any suspicion, you need to know that no matter whether you have documents or not, you have constitutional rights that will help you reduce the risk of being stopped and ask uncomfortable questions in regards to your legal status. 

The issue with the undocumented community is that many undocumented immigrants are lacked in knowledge of the many risks that affect them or things that could help them stay safe of any deportation danger. For instance, Ms. Popoca, a parent of the iSchool community, says, “I know a little bit about my rights and I believe it can help you,” when stopped by a transportation security administration (TSA) agent. Knowing a little bit more about your rights could be your best option when facing the authorities. 

Andres Mejer Law, an immigration website, shares advice about the rights that you as an immigrant undocumented can exercise. One of the rights is “the right to remain silent and an attorney before continuing talking to the authorities if arrested.” This and many other rights can be found in the useful red card that can be translated into many languages, primarily in English and Spanish. 

There have been reports, especially during the Trump Administration, of Border Patrol agents conducting immigration checks without warrants on buses and trains. Although Customs Border Patrol (CBP) has publicly said that its agents are prohibited from boarding buses/trains and questioning passengers without warrants or a company’s consent, it’s a good idea for any passenger to be aware of the following rights mentioned in Redcardorders:

• DO NOT OPEN THE DOOR if an immigration agent is knocking. If you are inside of your house, show the card through the window or slide it under the door.
• DO NOT ANSWER ANY QUESTIONS from an immigration agent if they try to talk to you. You have the right to remain silent.
• DO NOT SIGN ANYTHING without first speaking to a lawyer. You have the right to speak with a lawyer.
• If you are outside of your house, SHOW THIS CARD TO THE AGENT. Ask the agent if you are free to leave and if they say you can, leave calmly. 
• You can REFUSE A SEARCH of your belongings by saying “I do not consent to a search.”
• You have the right to RECORD VIDEO of immigration agents.

According to ilrc.org, “All people in the United States, regardless of immigration status, have certain rights and protections under the U.S. Constitution. The ILRC’s Red Cards help people assert their rights and defend themselves in many situations, such as when ICE agents go to a home.”

Stay Informed 

A simple reason to be aware of your surroundings and the news is that with the new administration under Biden, we’ve seen a lot more flexibility than the former administration of Trump. For instance, on September of 2021 “Homeland Security Secretary Alejandro Mayorkas on Thursday said immigration officers can no longer detain and deport people from the U.S. solely because they are undocumented,” says CNBC news. With this statement by Alejandro Mayorkas, the undocumented community can travel domestically without any worries since the head of homeland security announced this big change in the handling of undocumented immigrants. 

According to Andres Mejer law, it invites the undocumented audience to before going on a trip “talk to the airline and the airport your departed from, so if the ID you have, meets the ID requirements.” This will save you from many encounters with the TSA agents and being forced to talk about your legal status.​​ Therefore, everything depends on your airline and airport because, as stated in usa.gov, you are asked “to show one of the other forms of ID that the TSA accepts.”

Lastly, Gabriela, also encourages you to “watch the news because President Biden is giving a lot of benefit to us and helping us a lot.” She says, very enthusiastic and hopeful about it. 

You should also know that the upcoming REAL ID act is going to change the way you used to travel and not let you travel at all while being undocumented. Many are not yet familiarized with this act and don’t know how it’s going to affect them. 

What’s this Upcoming REAL ID?

The upcoming REAL ID is an identification method used primarily for traveling domestically in the United States. This act was passed by Congress in 2005 after the 9/11 attacks, as a requirement identification method for making sure, traveling in air in a safe way within the country. 

A national poll in 2017 shows that there are over 11 million unauthorized immigrants living in the USA. From those undocumented immigrants, many have family living in other states of the country. But it is also true that we are humans and deserve the right to rest and give ourselves little vacations from the same well known land that we arrived at. 

The Department of Motor Vehicles, stated in dmv.ny.gov that “After May 3, 2023, only the Enhanced or REAL ID will be accepted to get on a domestic flight (within the U.S.), or to enter certain federal buildings or military bases (unless you have a passport or another federally-accepted form of ID).”

Furthermore, the problem found in this act is that according to lawinfo “To have these documents, you must show that you are in the country legally. That is, after May 3, 2023, you will only be able to get on a plane using your foreign passport.” Meaning the undocumented community is going to be excluded of this identification because they do not have prove of being in the country legally, therefore limited to travel domestically by airplane since by land this requirement doesn’t apply. 

Polo, a former illegal individual, discusses his disagreement in regards to the REAl ID act. He says that he has “ heard that the REAL ID was going to be optional but never imagined it would be mandatory…maybe they’ll change that when they see the disagreement of the folks.” Stories like this of confusion have been reflected in the community of undocumented immigrants regarding the REAL ID program and its controversial outcomes it brings for having social security numbers as a requirement to apply for a it.

However, Ms. Perez thinks that “people always find ways to travel” and with the new administration Biden, this act might become more flexible and eligible for the undocumented community. Therefore, one way to safely travel can be by land when the act becomes active. 

Traveling Overland

Traveling domestically overland its consider the safest method in terms of undocumented arrests. However, the Trump administration was well known for forming special ICE raids to capture undocumented criminals inside the country. These massive immigration raids resulted in ICE detaining many  buses and cars in order to search for immigrants with final deportation orders, putting the lives of non convict people in risk of deportation too.

As stated in npr.org, “After four years of former President Trump’s immigration crackdown, the Biden administration on Thursday [of 2021] announced new guidelines that are expected to sharply limit arrests and deportations carried out by Immigration and Customs Enforcement.”

Many believe that the administration Biden abolished the organization ICE without being officially or completely abolished. 

After all, some immigration authorities are still used to Trump’s radical expulsion of illegal immigrants, so you could still face deportation under this new administration. However, if you are taken to trial for the mere reason of you not having documentation, a qualified lawyer can quickly and effectively get you out of any illegal trouble.

Cristian, an undocumented truck driver says that when authorities have stopped him, he had only been asked for his “driver licenses when going to other states on [his] truck.” And the driver licenses with the state ID will keep being the identification method, but for the REAL ID will not be a requirement in land.

Always carry around a valid identification that you have and can apply to because you can always be asked for and you will never have to worry in regards to deportation when traveling by land.

Don’t let Fear Be In Your Way

“ We shouldn’t be afraid of the risk, I have 21 years here so I needed to visit my family… And I didn’t care anymore if they sent me back to Mexico…either way I would still visit family here or there.” With these words, Maricela Verdejo, an undocumented relative to the family parent of a student at NYC iSchool, confesses that what matter most to her was visiting her family and that she was “ready to say goodbye” to the country because anything can happen when you travel undocumented. When she traveled to Texas in 2017, even with the new government of Donald Trump at the time, she did not care because she had asked her lawyer to be present on the phone when she passed the first checkpoint. Having a lawyer made her feel less scared and as she describes more “excited [the agents to] try her.”

Many lawyers agree that there should not be a reason to be afraid of traveling because “there is no law preventing it” in the first place, how claims lawinfo. However, one always runs the risk because the person is in the country with no documentation. 

With Alejandro Mayorkas new protection against ICE, and the tips to follow when doing the process of flying domestically,  the undocumented community has many ways to successfully travel across the country without being deported or in trouble. In addition to this, it is true that if you want to travel as an undocumented, you should do it before May 2023 because the REAL ID act its not going to make it easy for you. However, the option of traveling within the country by a land vehicle it’s always available with no risk. 

Janae commented after the interview was done that none of her summer vacations can be compared to the time she went to California with her mother. She “enjoyed [her] vacations” there and that if it wasn’t for the warning of the agent, they would have gone to Florida in 2021 to get the magic experience at Disney World for the first time. But following the methods above, they might get the chance to go again this year to accomplish their desired dream.