Concerns Grow Over Civil Liberties As ICE Agents Deploy To U.S. Airports Amid TSA Staffing Shortages

Concerns and confusion over civil liberties are growing as Immigration and Customs Enforcement agents are deployed to U.S. airports.

New concerns over travelers’ rights are rising following a controversial directive from Donald Trump to deploy Immigration and Customs Enforcement agents to U.S. airports beginning March 23.

The move comes as the Transportation Security Administration grapples with staffing shortages caused by weeks of unpaid federal workers, leading to long lines and delays nationwide. While Immigration and Customs Enforcement agents are being deployed to help with airport operations, critics—including federal worker unions—warn that their presence could create confusion and heighten fear among travelers.

“I think it gets to the fact that an airport feels to many people like a captive audience situation, which is part of why it is so inappropriate and so unfair to add the possibility of harassment by ICE to people already in a vulnerable position,” American Civil Liberties Union Director of Border Strategies Jonathan Blazer told USA Today.

Amid growing concerns, civil liberties experts stress that travelers, regardless of immigration status, still retain constitutional protections. For U.S. citizens, airport checkpoints are primarily governed by administrative screening rather than criminal enforcement.

While passengers must show identification and comply with TSA procedures to board flights, legal experts note that citizens generally have the right to remain silent beyond basic ID requests in certain situations. U.S. citizens are not legally required to prove their citizenship, though many choose to do so out of caution, even on domestic trips.

“A lot of U.S. citizens are now choosing as a matter of self-protection to carry their passports,” Blazer said. “Especially those who believe that they’re going to be perceived to be foreign because of their appearance or their accent. People are now feeling pressure to do things that they have the right not to do.”

According to an ACLU “Know Your Rights” guide, travelers are generally only required to answer basic questions about their identity and travel plans. However, refusing a request to search a phone could lead to additional screening or temporary detention.

Immigration and Customs Enforcement agents do not have unlimited authority to stop or detain U.S. citizens without cause. The Fourth Amendment protects against unreasonable searches and seizures, meaning extended detention or invasive questioning generally requires reasonable suspicion or probable cause.

However, legal protections can be more limited within 100 miles of a U.S. border. In this zone, federal authorities claim broader powers to conduct certain warrantless stops and searches, though constitutional rights still apply. Elsewhere, recent incidents have raised concerns about overreach, including cases in which immigration authorities mistakenly detained U.S. citizens.

Lawful permanent residents and visa holders also have important rights at airports, though their situations can be more complex. Green card holders are generally expected to answer questions about their immigration status and carry documentation, but they still have due process protections. Visa holders may face stricter questioning and risk denial of entry if they refuse to answer.

Noncitizens—especially those without legal status—can be subject to broader scrutiny, but still retain key rights, including the right to remain silent in many situations, the ability to refuse certain searches, and the right to request an attorney if detained. However, officers typically must have at least reasonable suspicion to hold someone for extended questioning.

Experts say travelers should keep an attorney’s contact information handy in case their rights are violated, though requests to call a lawyer can be denied depending on the situation. The ACLU also advises some noncitizens to reconsider international travel for now and consult an immigration attorney as a precaution.

Past legal challenges have affirmed that even noncitizens at airports are entitled to basic protections, including access to counsel and freedom from unlawful detention. Civil rights advocates warn that the presence of Immigration and Customs Enforcement agents could blur the line between routine security screening and immigration enforcement, stressing that ICE’s authority remains subject to constitutional limits.

As the shutdown drags on and Immigration and Customs Enforcement deployment begins, travelers may find themselves navigating an increasingly uncertain legal landscape. Despite rising concerns, White House Border Czar Tom Homan said, “We’re just simply helping our fellow officers at TSA.”