What are your rights with ICE deploying to airport security checkpoints?
President Trump said over the weekend that ICE would begin fixing TSA lines starting Monday. I wrote that it’s illegal for ICE to perform security functions at airport checkpoints.
ICE agents haven’t been trained on screening equipment, and the law actually specifies minimum training that screeners have to go through – that ICE agents haven’t and wouldn’t be able to do quickly.
Many of you objected, offering a version of this comment:
If it’s “against the law” Trump can sign an Executive Order changing the Law.
However, the administration itself actually agreed, and in order to reconcile the President’s statement and the law says they are deploying some ICE agents to airports to perform non-screening functions. Reportedly they will deploy to 14 airports including Atlanta; New York JFK and LaGuardia; Newark; Philadelphia; Chicago O’Hare; New Orleans; Houston Intercontinental and Phoenix.
ICE agents at ATL airport. According to federal officials, they’re there to support operational needs directed by TSA, including line management and crowd control within the domestic terminals. Federal officials have also indicated that this deployment is not intended to conduct… pic.twitter.com/FovJk9iD1x
— ATLSCOOP (@ATL_SCOOP) March 23, 2026
Newark Airport (EWR) this morning (Monday 6 AM)…. ICE agents are clearly present in Terminals B and C, conducting document checks and secondary inspections on arrivals. No official statement from ICE or CBP on a special operation, so likely routine enforcement with heightened… pic.twitter.com/TrmbX10562
— Fahad Naim (@Fahadnaimb) March 23, 2026
The crux of the partial government shutdown is whether to fund the Department of Homeland Security without reforms like not placing U.S. citizens in immigratoin detention; ceasing immigration enforcement at hospitals and child care facilities; banning racial profiling; allowing detainee access to lawyers and removing restrictionson Congressional visits to ICE facilities. So placing ICE agents at airports was trolling and retaliatory. Placing ICE agents at airports, of course, trades off with immigration enforcement and terrorism investigations.
Your rights are different when dealing with ICE at an airport than when dealing with TSA, because ICE agents are law enforcement officers while TSA screeners are not. (TSA calls themselves officers but that’s a naming convention not a legal one.)
The one key difference between ICE agents and normal checkpoint staff is that ICE agents are law enforcement officers entitled — under a variety of Constitutional and statutory restrictions — to make arrests for violations of Federal law and to conduct searches for general law enforcement purposes. Most TSA checkpoint staff, whether they are TSA employees or contractors, aren’t law enforcement officers.
…if ICE staff wrongly arrest you, courts might give them “qualified immunity” as law enforcement officers, especially in the absence of clearly established law on their authority when acting on behalf of the TSA at airport checkpoints. …This means that ICE agents at checkpoints can use more force than TSA checkpoint staff, with less chance of legal sanctions, even if you can afford to sue them.
TSA administrative searches are limited to airport security. They can’t look for evidence of other crimes, and if they uncover such the most they can do is call for law enforcement. They cannot physically prevent you from leaving. Not so for ICE. They need merely a “reasonable articulable basis” to suspect a crime.
ICE uses scanners to capture faces and contactless fingerprints instantly pulling names and biographical data, including of protestors, and a mere ‘investigation’ of someone is enough to pull Global Entry and PreCheck.
‘Papers, Please’ suggests:
[I]f asked for consent [to a search], “I consent only to the administrative search required as a condition of boarding my flight. I do not consent to any other search.”
Ask them, “Am I free to leave?” If they say no, ask them, “Why am I being detained?”
I would add that you may want to practice the phrase, “I was born in East L.A., man.”
Good article Gary. I wish ICE didn’t have to be used, but a certain political party is throwing a fit and it is hurting travelers as well as families. To this political party the rights of illegal invaders are more important than its citizens.
You gloss over the fact that at ALL TSA checkpoints, the TSA agents are backed up by true local law enforcement officers that will detain and arrest anyone TSA flags. It’s NO different that ICE officers are there now. TSA also already uses face and fingerprint scanners at all the checkpoints. Nothing new here either.
Well, there’s a difference between legal and practical, of course. That said, I do very much appreciate you reporting on the straightforward issues at hand as well as one’s rights when interacting with TSA versus law enforcement.
Gary- I never knew you had such a case of TDS.
The President is doing what he think she needs to do to alleviate the mess democrats have caused with their hissy fit shut down.
They think that by inconveniencing millions that they’ll get their way of a return to open borders…it’s not happening.
I find it pretty funny that you seem to think our ICE agents are incapable of doing passenger screening.
What is being missed is that ICE and other federal government employees that are being paid will be seen as heroes to the vast majority of Americans that have faced or will face longer and longer waits.
and the subplot is that TSA agents all of a sudden do have to worry about their jobs if they don’t show up.
Unless the US is ready to get rid of the TSA or move them under the DOT which seems less subject to funding delays, then it is time to remove essential workers’ paychecks from being held hostage to politics.
@Michael Mainello — Great (again). This will prove to more Americans, first-hand, that many ICE agents are needlessly aggressive, under-trained, and ill-equipped. Please do under-estimate the own-goal you guys are about to make. 224 days…
I hope the deployment of ICE agents will spur local, state, and federal lawsuits. In no matter of time will these idiots overstep and create civil rights issues.
Jeff: how about incovonocing millions of Americans who have had a huge increase in their heath insurance payments because Trump refused to keep the income limits that where there in 2025. And if you make one dollar more then $84,000 as a couple you get ZERO help.
Is they Making America Great Again ?.Np it is or you belong to a death cult!
So here’s my question: is there a longer term plan here for the ICE agents to be trained in actual security screening? Because if not, this isn’t really going to accomplish anything meaningful and is very clearly little more than a political stunt. And I’m saying this as a conservative.
If “one party” cares more about “illegal invaders” than its citizens, why is the other party moving resources away from “border enforcement” in order to stack security bins? No one has explained how this will improve wait times if we’re just adding more bodies doing “non-screening” activities.
@1990 – Love your confidence.
@Winston – Sorry the adult party didn’t clear their actions with you.
@lavanderialarry – you funny guy, typical lightweight lib.
@Michael Mainello — By all means, please do keep trying to blame ‘demon-rats’ and ‘trans’ and ‘illegals’ if you think that’ll work for your ‘team’ this time around while gas is +$8/gallon, TSA lines are +3 hours, no jobs, new forever wars (a draft?), and white citizens gettin’ murdered by ICE. Tired on winning yet?
Hey, ICE will really be “TSA” (Thousands Standing Around).
Late last night while waiting for my wife at MSP I was talking to a cleaner. I mentioned how quiet it was. “It will be quieter tomorrow,” she said. “I hear ICE is coming. All of the immigrants who work here will not show up.”
But maybe The Donald should send them to Hormuz. I hear he’s going to need more bodies there….
@Michael Mainello
Lol. I can’t wait util ICE profiles and/or detains your greasy behind.
Why are you continuing down the rabbit hole that it is “illegal”.
I clicked on the link you provided. I thought “huh”. Then I did one internet search. That search showed that as I pointed out. “‘Secretary of Homeland Security’ may grant an exemption to the law you cited if they decide it is in the ‘public interest.'” It is black letter law that the head of Homeland Security can waive the specific law you cited. It says so in the law. It does not require an “Executive Order” to “change the law.” This is so clear, again in black letter law, I doubt that there will even be nuisance lawsuits.
Peter made a lot of arguments (including mine) which were also correct.
In any case, it is common sense, that the law would provide a mechanism for the Administration to manage the TSA. Your argument is like saying it is illegal for a traffic cop to say you can go, when the light is red. C’mon man.
ICE doesn’t have to do much to affect this. If illegals really are flying but don’t want to show up in ICE’s presence, won’t that naturally alleviate lines?
@1990 – Projecting and adding facts not in evidence. I love the smell of desparation in your comment.
@Thumper – You libs love to hide behind pseudonims. Childish comment, if I was here illegally, then I would be worried.
@Michael Mainello — G.O.P.
Gaslight. Obstruct. Project.
*slow clap*
Michael is spiraling but I can’t blame him since a lot has happened since last talking points were disseminated on Friday.
Just don’t try and bring any water through… you’ll be in for a world of hurt.
On the other hand, if this scares people away from airports for a while, the decrease in traffic should help resolve things in short order.