Can I travel to Hawaii if I do not have papers?

In this week's Consulta Migratoria® column, I answer a question from a reader who wants to fly to Hawaii.

Each case is different and the answers vary depending on the immigration history of each person. Here I provide general answers to your questions. Please consult with an immigration attorney to receive personalized legal advice before beginning any process.

This is the column:

I am undocumented. My husband is a permanent resident and we have a 4 year old child born in California. We want to visit relatives who live in the state of Hawaii. I have a passport from Mexico that expires in 2022. Can I travel by plane within the U.S. if I do not have papers, using my Mexican passport? Does my son need identification to travel with us? - Esperanza M.

Esperanza, an undocumented person who possesses a valid foreign passport may board an aircraft within the United States if the Transportation Security Agency (TSA) allows it.

However, the TSA does not require identification for minors under the age of 18 as long as they are traveling within the United States with an adult who possesses identification authorizing them to board an aircraft.

In your case, you could travel by plane within the United States with your Mexican passport. Although your child does not need to have an ID to travel with you, I recommend that you bring your child's birth certificate in case they ask for proof that you are the child's mother.

Identity documents required by the TSA

According to the TSA, from the age of 18, passengers generally must show a valid photo ID at airport security checkpoints in order to board an aircraft.

This rule applies to all adults, including U.S. citizens, permanent residents of the United States, persons on temporary nonimmigrant visas, persons with temporary work permits, including under asylum, DACA, TPS and the U visa, and undocumented persons.

The TSA accepts several identity documents, including the following:

1. United States Passport
2. United States passport card
3. U.S. Department of Homeland Security (DHS) "Trusted Traveler" program cards, including Global Entry, NEXUS, SENTRI and FAST.
4. Military identification card
5. U.S. Permanent Resident Card (Green Card)
6. Border crossing card
7. Transportation Workers' Identification Credential (TWIC)
8. State driver's licenses or state photo identification cards issued by the Department of Motor Vehicles and Motor Vehicles.
9. Passport issued by a foreign government

You can find the complete list of acceptable documents on the TSA web site.

REAL ID Act

Beginning October 1, 2020, the TSA will only accept driver's licenses or other state identification cards that comply with the safety requirements established by la Royal ID Law to board a plane.

They will need to check with their state department of motor vehicles to see if they are eligible and what documents they need to acquire a REAL ID Act-compliant driver's license or identification card.

Children under 18 years of age

The TSA does not require identification from children under the age of 18 when traveling within the United States with an adult who has the necessary identification to board an aircraft. You should contact the airline if you have questions about identification requirements for children.

However, I recommend that parents bring their children's birth certificates, in case proof of relationship is required. Also, adults who are not the children's parents must bring a written authorization executed by one or both parents who have legal custody of their children to travel.

Forgotten or lost identification

Under certain circumstances, the TSA allows a traveler who has forgotten or lost his or her identification document to board an aircraft. The traveler is subjected to an identity verification process that includes the collection of information such as name, current address and other personal information.

If the TSA confirms the traveler's identity, the traveler will be allowed to enter the security checkpoint. The individual will be subject to further screening, which will include a screening and assessment of carry-on baggage ownership.

The TSA will not allow a person to enter the security checkpoint if they cannot confirm their identity, fail to provide proper identification, or refuse to cooperate with the identity verification process.

Travel risks for undocumented persons

The TSA is responsible for airport security. It does not have a primary mandate to enforce the country's immigration laws.

However, although the TSA reports that they do not check a valid passport for a visa, traveling within the country while undocumented has its risks.

People who are in the country illegally can be detained by immigration authorities at any time and in any place. This includes airports, train and bus stations.