Sen. Rubio: TSA Must Stop Enabling Illegal Immigration (2024)

In January 2022, something incredible happened: the Transportation Security Administration (TSA) confirmed that it was allowing illegal immigrants to use arrest warrants as identification to board U.S. flights. No photo ID. No verified information. Just a piece of paper provided by the illegal immigrant.

This blatant mockery of U.S. law provoked immediate outrage from common-sense Americans. But two years later, the TSA's policy stands unchanged. It shows how quickly important issues can fall out of the spotlight.

Thankfully, this year's Federal Aviation Administration (FAA) reauthorization bill provides an opportunity to scrutinize our government's insane flight rules to appease illegal immigrants. Congress' purpose is clear: we must outlaw the use of arrest warrants as identification.

This task is even more urgent than it was in 2022. Since then, President Joe Biden has released about 7 million more illegal immigrants into the United States, and we're on track to break further border-crossing records this year. In other words, the incentives drawing migrants from all over the world to our doorstep, one of which is surely the freedom to fly across the country with nothing more than an enforcement document from the U.S. Department of Homeland Security, are stronger than ever. This has to change if we value our security.

Newspaper headlines are awash with stories about the Venezuelan prison gang Tren de Aragua, which is using our open border to spread its sex trafficking, murder, robbery, and extortion networks into American cities. Then there is the danger posed by foreign terrorist organizations like ISIS, which are facilitating illegal immigration for their own ominous purposes.

FBI Director Christopher Wray admits the current threat of terrorist attacks is on a "whole other level." At least one ISIS member appears to have evaded government detection in the United States for two years while applying for asylum. And how many other members of terrorist organizations have crossed the border undetected? Under this administration, we just don't know.

Sen. Rubio: TSA Must Stop Enabling Illegal Immigration (1)

This is disturbing on its own merits, but it's especially disturbing in light of the TSA's lax document policy. Lawful U.S. citizens are subject to reasonable photo ID requirements when they fly. But illegal immigrants with potential ties to terrorist organizations or gangs can make do with less? Perhaps the Biden administration's bureaucrats have forgotten why we instituted flight safeguards in the first place: because September 11, 2001 taught us how disastrous it can be to let the wrong people onto planes.

Why hasn't President Biden reversed course on this misguided policy? For that matter, why hasn't he reinstated President Donald Trump's executive orders on immigration or, at the very least, begun enforcing existing laws? The sad reality is that Biden is unwilling to admit Trump was right, and he is unable to buck the open-borders extremists in the Democratic Party's base.

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This leaves the American people with the short end of the stick. While our commander in chief makes excuses for inaction, working families must watch migrants overrun their communities, drain their public resources, undercut their wages, and jeopardize their safety. And there is little Congress can do, because even the strongest laws are ineffective when the president is unwilling to execute them.

Nevertheless, Congress can and should outlaw the use of arrest warrants to board flights. Representative Lance Gooden (R-Tex.) and I introduced the SECURE Flights Act to do just that. The Senate has a chance to address this issue as we consider, debate, and hopefully amend the FAA reauthorization bill this week.

Securing flights against illegal immigrants and those this administration is unable or unwilling to properly vet is common sense to most Americans. Democrats, however, are already signaling they will block this basic reform. Only time will tell the outcome, but the American people deserve a sign their leaders are still looking after them, and I hope my colleagues agree to give them one.

Marco Rubio, a Republican, is the senior U.S. senator from Florida.

The views expressed in this article are the writer's own.

Uncommon Knowledge

Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

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Sen. Rubio: TSA Must Stop Enabling Illegal Immigration (2024)

FAQs

Sen. Rubio: TSA Must Stop Enabling Illegal Immigration? ›

Rubio: TSA Must Stop Enabling Illegal Immigration | Opinion. In January 2022, something incredible happened: the Transportation Security Administration (TSA) confirmed that it was allowing illegal immigrants to use arrest warrants as identification to board U.S. flights. No photo ID.

Can TSA ask for immigration status? ›

Yes. However, under the Fifth Amendment, you have the right to remain silent and do not have to answer questions about where you were born, whether you're a U.S. citizen, or how you entered the country.

Can undocumented immigrants get a green card? ›

A foreigner who entered the U.S. illegally without inspection by a US border agent cannot obtain a Green Card while remaining in the US. At some point the foreigner must depart the US and return on a proper visa, such as a K1 Fiance Visa or CR Marriage Visa if hoping to get a Green Card.

Can an undocumented person get a California ID? ›

Right now, only people who can show their presence in the U.S. is “authorized under federal law” can apply for a standard (non-REAL ID) California identification card (CA ID). AB 1766 expands standard CA ID eligibility to all Californians, regardless of their immigration status, by 2027.

What is the penalty for entering the U.S. illegally? ›

8 U.S.C. § 1326 (any individual previously “deported or removed” who “enters, attempts to enter, or is at any time found in” the United States without authorization may be punished by imprisonment up to two years).

Can undocumented immigrants get TSA PreCheck? ›

The TSA PreCheck® Application Program is only open to U.S. citizens, U.S. nationals and lawful permanent residents.

What does TSA see when they scan your ID? ›

An agent will review your name, photo, address and date of birth, then cross-check to see that the information on your travel documents matches your ID. Keep in mind that the Real ID Act is now in effect, and it aims to deter terrorists' ability to use fake or fraudulently obtained IDs.

Can an undocumented person fly in the US? ›

While Americans must show proper identification to board their flights, illegal immigrants are not required to do so. Instead, the Biden administration is recklessly allowing migrants to use the CBP One app or even their Border Patrol arrest documents as identification.

Can undocumented immigrants get a driver's license in USA? ›

As of October 1, 2023, 19 U.S. states, the District of Columbia, and Puerto Rico issue driver's licenses or permits to some or all of the population residing without inspection in the United States.

Is it illegal to be undocumented in California? ›

When the state of California enacted new laws designed at protecting undocumented immigrants, it prompted a stern response from federal authorities.

How many immigrants are in the US legally? ›

This Spotlight offers information about the approximately 46.2 million immigrants in the United States as of 2022, more than three-quarters of whom are in the country legally.

Can the US refuse entry to a US citizen? ›

A US citizen cannot be denied entry to the US.

How many illegal border crossings are there by year? ›

Illegal border crossings have averaged 2 million per year since 2021, the highest level ever.

Is it legal to ask someone's immigration status? ›

Asking for specific citizenship status information for purposes unrelated to any recruitment, hiring, or firing decision is unlikely to violate the law IER enforces.

Can an undocumented person fly within the US? ›

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).

Can a police officer ask your immigration status? ›

Know Your Rights

The right to request an official ID card from the police officer. The right to remain silent: You do not have to answer any questions asked of you, including questions about your immigration status.

Do I have to answer immigration questions? ›

You have the right to remain silent and do not have to discuss your immigration or citizenship status with police, immigration agents, or other officials. Anything you tell an officer can later be used against you in immigration court.

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