GUIDE FOR UNDOCUMENTED INDIVIDUALS
TRAVELING IN CALIFORNIA
FAQ REGARDING DOMESTIC FLIGHTS
1. Do I need to have a REAL ID License to board?
No. If you plan to use a state license to board an airplane, a REAL ID compliant license will not be
required until October 1, 2021. Please note that even if you do not have a REAL ID, you can use
another form of identification, such as a valid passport. See Page 1 for a list of alternative identification
that can be used.
Note: Those who only qualify for AB 60 driver licenses are ineligible to receive a REAL ID driver
license.
2. Do I have to respond to TSA agent/ICE agent questions?
No, you have the right to remain silent under the Fifth Amendment. However, the refusal to answer
questions may lead to prolonged questioning/detainment. When in doubt, do not answer questions
about your citizenship or immigration status or sign any paperwork without the advice of a lawyer.
3. Can a TSA agent search my luggage and personal items?
TSA is only permitted to do “administrative searches” of passengers and their belongings, looking for
prohibited items to ensure passengers’ safety. “Criminal searches” may be carried out only by law
enforcement personnel, such as the FBI and state/local law enforcement officers, which may be called
in by TSA at their discretion. For example, if TSA finds a prohibited item on a passenger’s possession
during screening, law enforcement officers may be called in.
4. Can a pilot order me off the plane?
Yes. The pilot of an airplane has the right to refuse to fly a passenger if he or she believes the
passenger is a threat to the safety of the flight. However, the pilot’s decision must be reasonable and
based on observations of your actions, not stereotypes. If you are unfairly ordered off a plane, you can
file a complaint with the airline or contact community organizations for support (e.g. ACLU).
5. Can I fly with an AB 60 License?
It is not recommended for an individual to fly with an AB 60 license (a driver’s license available for
undocumented individuals in California). TSA has been inconsistent regarding the acceptance of AB 60
licenses, and could use the license as a basis to stop someone, question that person, and ultimately
refer the person to ICE.
6. Can I fly with a foreign passport or Employment Authorization Document Card?
Yes, as noted above, the list of approved identification to fly domestically includes foreign
government-issued passports and/or a U.S. Citizenship and Immigration Services Employment
Authorization Card (I-766). There have been reports of individuals who were not able to fly with these
documents due to erroneous TSA agent denial. In such instances, the recommendation would be to
inform the TSA agent that according to posted Transportation Security Administration guidelines, these
are acceptable documents.
For the actual link of the guideline, use https://www.tsa.gov/travel/security-screening/identification