Flying While Muslim: Should I Be Worried About Traveling Right Now?
Amidst the Trump administration’s unjust targeting of student visa holders, the looming prospect of a new religion-based travel ban, and rising anti-immigrant and anti-Muslim sentiment, many community members are concerned about their ability to travel without issue.
CAIR has issued updated guidance to ensure you understand your rights as a U.S. citizen, lawful permanent resident (LPR), or visa holder while traveling internationally.
*This serves as a guide only and does not constitute legal advice. Always consult an immigration attorney to address your specific circumstance. For direct assistance, please contact your local CAIR office.
Guidance for U.S. Citizens
U.S. citizens can travel abroad but should take precautions in advance to protect their rights. This includes ensuring you have multiple ways to access key travel documents, informing a trusted person outside your travel party of your flight times, and securing electronic devices.
It is important to remember that the Constitution only protects you while physically inside the U.S. At border entries, you are technically outside the U.S. and do not have those same rights. However, you are only required to answer questions that establish identity, where you are traveling from, and other basic, non-discriminatory questions. Even as a citizen, you should be prepared for the chance that you may be put in secondary inspection and/or asked about your electronic devices.
Click here to learn more about your rights and protections at airports, border crossings, and while traveling abroad.
Guidance for LPRs
CAIR advises LPRs, also known as green card holders, who are citizens of countries that may be targeted by the travel ban, not to leave the U.S. unless necessary. This can help ensure you are not trapped overseas and denied entry back into the U.S. if a ban comes into effect while you are abroad.
CAIR has also received reports of government officials pressuring, intimidating, and threatening LPRs to sign an I-407 form, which is a voluntary abandonment of your status. Do not sign any forms while traveling without consulting an immigration attorney. Border agents do not have the authority to revoke your LPR status. You may be detained, but only an immigration judge can revoke your status.
If you have any type of criminal record it may also change your ability to be admitted to the U.S. There is no statute of limitations on how a past criminal record may change your LPR status.
LPRs should always travel with documentation of their status and documentation of continuous residence in the U.S. This includes a driver’s license, bank statements, or utility or cellphone bills. Other examples would be pay stubs or tax records.
Guidance for Non-Citizens
If possible, avoid unnecessary international travel and always consult an immigration attorney before making travel plans. CAIR has received reports of non-U.S. citizens being detained at the border and subjected to secondary inspections, especially travelers who are Muslim or who have engaged in activism related to Palestine.
If you have changed your status from within the U.S. and you do not have a visa stamp reflecting that updated status, now is not the time to travel home to get your updated visa stamp. Immigration attorneys also report an increase in clients who become stuck in their home countries.
Give your itinerary to someone you trust and who will not be travelling with you. Let them know your progress, “I’m on the plane” or “we just landed.” That way if you experience delays during interactions with TSA or CBP your attorney can be quickly notified. Similarly, provide electronic copies of your important travel and immigration documents to this person so they can be quickly sent to you or your attorney if needed.
If you are a non-immigrant visa holder and you are denied entry, it is important to ask why. There are legal differences between being refused entry, revocation of your visa, or some form of expedited removal or deportation. If you think someone you know may have been detained, contact an immigration attorney.
There are currently no reports of issues for non-citizens with valid visas traveling domestically in the U.S., but leaving the mainland could be risky. Consult an immigration attorney before traveling to U.S. territories, Puerto Rico, and Hawaii.
Guidance for Student Visa Holders
F1 non-immigrant student visa holders should consult with an immigration attorney before traveling internationally. F1 students can stay beyond the face of their visa. Their status is documented on their I-20, which shows how long the student will be in school. Despite this, there have been reports of F1 students experiencing confusion with Transport Security Administration officers when traveling.
If you are an F1 student and the face of your visa is expired, it is recommended that you travel with either a REAL ID or a state-issued driver’s license, and ensure you have your I-20 with you. Your I-94 can also be pulled from CBP.gov. It will have a D/S notation, meaning you are allowed to be in the U.S. during the entirety of your school program.
Digital Considerations for U.S. Citizens and LPRs
Customs and Border Patrol (CBP) have the authority to take your laptop, cell phone, tablet, and other electronic devices for inspection, but agents cannot force you to give your password or unlock your device. However, if you refuse to comply, you may experience delays or have your device confiscated.
If you are a citizen, or an LPR who has previously been admitted to the U.S. and maintained your status, you cannot be denied entry into the U.S. for refusing to turn over your password, provide device access, or answer questions unrelated to establishing your status and identity, or basic information about your travels. Be mindful that, as an LPR, refusing to answer questions will likely cause significant delays and further scrutiny.
Digital Considerations for Non-Citizens
Non-citizen visa holders may be denied entry to the U.S. for refusing to fully cooperate or answer questions. CBP may ask you to open your device, and if unlocked, they may plug in an AI tool that can search your device.
You are not required to unlock your phone, but if you do not, you should expect to be detained and have the device taken from you.
Activism and Political Dissent
Protesting is an American tradition that led to women getting the right to vote, dismantling Jim Crow, and an end to U.S. support for apartheid in South Africa. The Constitution protects citizens’ rights to free speech and assembly, and the fate of these protections in the U.S. is being decided right now. U.S. citizens can participate in protests, but should take precautions to understand their rights while protesting before hand.
If you are not a citizen, CAIR advises against participating in protests at this time—especially if you are a student visa holder. The government is not simply cancelling visas. Law enforcement officers are physically going to campuses looking for people. In at least one case, the person has been whisked away with their whereabouts being unknown for a period of time.
The recently passed Laken Riley Act can result in you being potentially subject to mandatory detention and deportation if you are arrested. It does not require a conviction in and of itself; it could merely be an arrest for certain crimes.
President Trump’s first wave of executive orders also directed federal law enforcement to investigate immigrants already legally present in the U.S. based on their activism and ideological views. This directive raises serious concerns about potential political targeting, surveillance, and visa revocations for those engaged in activism or political dissent.
According to the executive order, the DOJ is authorized to take “relevant actions or activities” against individuals from identified countries, a broad and vague directive that could:
Lead to increased surveillance of lawful residents, visa holders, and students.
Result in denials of visa renewals, residency applications, and naturalization requests.
Enable deportation proceedings against immigrants accused of holding “hostile attitudes” or engaging in “anti-American” speech.
Click here to learn about your rights if you are stopped by law enforcement while protesting.
Encountering Issues While Traveling
If you experience issues while traveling:
Ask for the names and ID numbers of all the people involved in the incident. Be sure to write this information down.
Write a statement of facts immediately after the incident. Include your flight number, flight date, and the name of the airline.
Do not sign anything before speaking to a lawyer.
Report the incident to CAIR. Our legal team will document the incident and can provide legal assistance if needed.