July 28, 2026
A New York Times investigation published today reports that U.S. Immigration and Customs Enforcement (ICE) has begun arresting foreign nationals with expired visas at U.S. airports, including individuals with active, pending applications to extend or adjust their status.
The Times reviewed Homeland Security documents and interviewed lawyers for more than 25 people detained at airports in recent weeks, and found enforcement actions in at least 15 airports. This marks a significant expansion beyond the population the government has previously targeted at airports, and employers who sponsor foreign national employees should understand what has changed before their next business trip or relocation is booked.
How the Program Has Expanded
The practice traces to an arrangement between the Transportation Security Administration and ICE that began in May 2025, under which airline and TSA screening data is used to flag individuals for ICE. That arrangement initially targeted people with final orders of removal, a narrow population with no pending case before any agency. According to the Times, DHS has since widened the pool considerably to reach individuals whose underlying visa has expired while a follow-on application, such as an extension of stay, adjustment of status, or change of status, remains pending. Many of these individuals hold valid employment authorization and have been passing background checks for years while their case is under review.
The reporting describes arrests of an engineer awaiting a work-visa extension, several individuals recently married to U.S. citizens and pursuing permanent residence, and a former au pair with a pending status application. Some arrests occurred not at the traveler’s originating airport but at a connecting flight, and at least one individual was released at one airport and taken into custody a day later at another.
DHS has not confirmed the scope of the expansion described in the Times report. The agency has stated publicly that noncitizens without current lawful status should not expect to fly domestically except to depart the country, and has set a goal of substantially increasing daily immigration arrests nationwide. DHS has not addressed how this policy applies to individuals with a timely filed, pending application.
What Remains Unclear
Several things about this development are still unclear, and foreign nationals and their employers should treat this alert as a snapshot of current, evolving practice rather than a fixed rule:
- DHS has not issued public guidance confirming which categories of pending applications, if any, are treated differently from a straightforward overstay with no filing on record.
- At least one detained individual has filed suit challenging her arrest and detention as unlawful, and that litigation may affect how, or whether, this practice continues.
- Reported outcomes have varied. Some individuals have been released on bond within a day; others remain in custody pending a government decision on appeal.
We will monitor this issue and update this alert as more becomes known.
Who This Affects
The population now reported to be at risk includes categories common in corporate immigration programs: employees awaiting an H-1B extension, L-1 renewal, or other petition decision where the underlying admission period has lapsed while the extension remains pending, and employees in adjustment of status proceedings sponsored through a family member. A pending, properly filed application has not, based on this reporting, been a reliable safeguard against enforcement at the airport.
What Employers Should Do Now
- Before approving domestic or international travel, confirm whether any employee’s underlying nonimmigrant status has expired while an extension or other application remains pending with USCIS.
- Where status has lapsed and a case is pending, consider deferring nonessential travel, including layovers through additional airports, until the matter is resolved.
- Where travel is unavoidable, make sure affected employees are carrying current receipt notices, prior approval notices, and any other documentation of a timely filed, pending application.
- Where Premium Processing is available for the pending petition, consider requesting it to shorten the window an employee’s status remains unresolved.
- Route travel requests for employees in this category through immigration counsel for a case-specific review before tickets are purchased.
- Revisit internal travel and mobility policies to reflect current airport screening practice, and communicate any changes to affected employees directly.
What Foreign Nationals Should Know Before Traveling
This reporting is not limited to employer-sponsored workers. It describes a broader group, including spouses of U.S. citizens with a pending marriage-based case, exchange visitors, and others with a lawful, pending application of any kind. If your underlying visa has expired and you have a pending extension, adjustment of status, or other application on file, keep the following in mind:
- A pending, properly filed application has not, based on current reporting, reliably prevented enforcement action at the airport. Confirm your specific situation with immigration counsel before booking any flight, domestic or international, including a layover through an additional airport.
- If a domestic trip is not necessary, consider waiting until your pending case is resolved.
- If travel cannot be avoided, make sure a family member or trusted contact knows your itinerary and how to reach your attorney if you do not arrive as expected.
- Carry your receipt notice, any prior approval notices, and your employment authorization document if you have one, along with the name and direct contact information for your attorney of record.
- If you are stopped or questioned, you have the right to remain silent beyond identifying yourself and the right to speak with an attorney before answering substantive questions. Ask for your attorney by name and contact information, and do not sign any document you do not understand.
Employers should share this guidance directly with affected employees rather than assuming they have already seen it.
How Goel & Anderson Can Help
Goel & Anderson has represented employer-sponsored foreign nationals for more than 30 years, including the high-volume H-1B, L-1, and PERM populations most exposed to gaps between an expiring status and a pending extension. We can review an employee’s specific case before travel is booked, advise on documentation to carry, and coordinate with the employer’s broader mobility policy. If you have questions about an employee’s upcoming travel, please contact us.
Frequently Asked Questions
Is ICE now arresting people with pending immigration applications at airports?
According to New York Times reporting published July 28, 2026, ICE has arrested individuals with expired visas at airports even where they have an active, pending application to extend or adjust their status. DHS has not confirmed the scope of this practice.
Does having a pending extension or adjustment of status application protect someone from arrest while traveling?
Based on current reporting, a pending, properly filed application has not reliably prevented enforcement action at the airport. This includes employer-sponsored workers as well as spouses of U.S. citizens, exchange visitors, and others with a pending case. Anyone whose underlying status has expired should confirm their specific situation with immigration counsel before booking travel.
Has this practice been confirmed by DHS?
No. DHS has not confirmed the scope of the expansion described in the Times report, though the agency has stated that noncitizens without current lawful status should not expect to fly domestically except to depart the country.
What should employers do right now?
Employers should identify any employee whose underlying nonimmigrant status has expired while a follow-on application is pending, consider deferring nonessential travel for that group, and route any upcoming travel through immigration counsel for case-specific review.
This client alert is provided for informational purposes only and does not constitute legal advice. The facts described in this alert are based on public reporting as of July 28, 2026 and may change. Please consult with qualified immigration counsel before taking action in reliance on this alert.
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