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ICE using travel data to target visa overstays at domestic airports: Employer alert

September 2026 employment law letter
Authors: 

Michael H. Neifach, Jackson Lewis P.C.

Federal immigration authorities reportedly are using domestic air travel information to locate and arrest noncitizens suspected of overstaying their authorized periods of admission. Here’s what employers should know.

What’s going on

Authorities have made at least 27 arrests of noncitizens suspected of overstay at airports in at least nine states across the country, from California to Virginia, according to an ABC News report. Several individuals detained by authorities reportedly had no criminal history and possessed valid employment authorization or parole documents.

The report follows the release of a previously undisclosed agreement between the Transportation Security Administration (TSA) and Immigration and Customs Enforcement (ICE). Signed in May 2025, the agreement establishes a framework for TSA and ICE to share passenger information, including for immigration enforcement purposes. The information could enable ICE to determine when and where targeted individuals are scheduled to travel.

Important distinctions

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