Airport Enforcement Surge: What H-1B and EB Green Card Holders Need to Know

What Happened

A [San Francisco Chronicle investigation](https://sfstandard.com/2026/09/01/sfo-hidden-detention-center/) published September 1, 2026, revealed that U.S. Customs and Border Protection has been detaining travelers at San Francisco International Airport for far longer than the agency's own 72-hour limit — in some cases holding green card holders for more than a week without beds, adequate medical care, or contact with family members.

Federal data obtained by the Chronicle shows that more than 400 people have been held at international airports nationwide for longer than 72 hours since January 2026. Of those, 146 were lawful permanent residents. At SFO alone, 25 people were held beyond three days through July, with 19 of them holding green cards, according to [SFist's coverage of the investigation](https://sfist.com/2026/09/01/ice-has-held-25-immigrants-at-sfo-for-more-than-three-days-in-2026-in-violation-of-policy/).

The investigation comes as the Association of Professional Flight Attendants (APFA), representing over 26,000 American Airlines crew members, [issued a warning on September 1](https://www.visaverge.com/legal/union-ice-arrests-at-airports-put-flight-attendants-passengers-in-danger/) that intensified immigration enforcement is disrupting airport operations and creating safety risks at Denver, Las Vegas, Phoenix, Nashville, and San Francisco. The Association of Flight Attendants-CWA, representing 55,000 crew members across ten airlines, separately advised members that they are not required to assist with questioning, identification, or detentions.

Who Is Affected

While the SFO investigation focused primarily on green card holders flagged for prior criminal records, immigration attorneys say the enforcement surge is affecting a much broader population. Miriam Fisher, an immigration attorney in Richmond, Virginia, told [WWBT-TV](https://www.12onyourside.com/2026/09/03/immigration-attorneys-warn-against-nonessential-travel-amid-ice-airport-arrests/) that people with work permits, temporary visas, and cases in processing are now being detained during routine travel.

• H-1B specialty occupation workers, including those in valid status and those in the 60-day post-employment grace period
• O-1 extraordinary ability visa holders
• Green card holders (lawful permanent residents), particularly those with any prior arrest or conviction — even decades-old or dismissed charges
• Employment-based green card applicants with pending I-485 adjustment of status applications traveling on advance parole (AP/EAD combo card)
• Any noncitizen traveling domestically or internationally

Key Findings from the SFO Investigation

The Chronicle's investigation uncovered several troubling patterns at SFO's CBP holding facility, located inside the International Terminal:

• Detainees were held in a lounge area without beds, sleeping upright in chairs with lights on 24 hours a day
• Some detainees had no contact with family members and were separated from their luggage and phones
• Medical access was limited — the median age of green card holders detained over three days at SFO was 57, and some detainees in their 60s were not medically screened on arrival
• One detainee was driven over 180 miles from Fresno Yosemite Airport to SFO for detention; his blood sugar spiked dangerously during an eight-day hold, requiring paramedics
• CBP previously released flagged travelers through "deferred inspection" — giving them weeks to gather records and meet with officers. Officers told Rep. Kevin Mullin (D-CA) that the shift to prolonged detention began in early 2025
• Rep. Mullin was initially turned away when he attempted to inspect the facility on August 20, despite federal law allowing congressional access without advance notice. He was admitted six days later

What Attorneys Should Know

The shift from deferred inspection to prolonged airport detention represents a significant change in CBP practice. Under the prior approach, green card holders or visa holders flagged at ports of entry were typically released with an appointment to appear at a local USCIS office with counsel present. Officers told Rep. Mullin that the current practice — holding travelers in the CBP facility and transferring them to ICE detention — began in early 2025.

CBP's national standards state that detainees should generally not be held longer than 72 hours and that agencies should make every effort to keep detention as short as possible. Federal data shows 400-plus individuals held beyond this limit at airports nationwide since January 2026, suggesting a systemic departure from stated policy rather than isolated incidents.

The Bay Area Habeas Network has been filing habeas corpus petitions for SFO detainees. Jordan Weiner, legal director of the removal defense program at La Raza Centro Legal, noted that petitions must be filed in the Northern District of California while detainees remain in the Bay Area — an option that disappears once they are transferred. Attorneys should have habeas filing procedures ready for clients detained at airports.

For H-1B and O-1 holders specifically, the risk calculus intersects with the pending DHS proposed rule to [eliminate the 60-day post-employment grace period](/blog/dhs-60-day-grace-period-elimination-proposed-rule-2026). If finalized, workers who lose employment could face immediate status issues compounded by heightened airport enforcement during any travel to find new sponsors or return home.

What Work-Visa Holders Should Do

Immigration attorneys across the country are issuing consistent guidance: prepare before every trip, carry complete documentation, and avoid unnecessary travel until the enforcement posture stabilizes.

• Carry a complete document packet every time you travel — valid passport, visa stamp (if applicable), I-797 approval notice, Employment Authorization Document (EAD) if applicable, recent pay stubs or employer verification letter, and a copy of your I-94 arrival/departure record
• Store digital copies of all immigration documents in a secure cloud location accessible from any device
• Keep your immigration attorney's contact information — including an after-hours number — in your phone and written on paper in case your phone is confiscated
• If approached by ICE or CBP, you have the right to remain silent beyond providing your name and immigration documents. You are not required to consent to a search of your phone or belongings without a warrant
• Do not sign any documents without reading them fully. If you cannot understand the document, request an interpreter and contact your attorney before signing
• If you hold a green card and have ANY prior arrest or conviction — even a dismissed charge or a decades-old misdemeanor — consult an immigration attorney before traveling. The SFO data shows prior records are the primary flag for extended detention
• Consider postponing nonessential international travel if you are in H-1B status, traveling on advance parole, or have a pending status change. Re-entry is where enforcement risk is highest
• Employers sponsoring H-1B or PERM workers should provide employees with updated verification letters confirming current employment and valid status, and establish a protocol for employees to report detention or enforcement encounters

The Broader Enforcement Context

The airport enforcement surge is part of a broader expansion of immigration enforcement. According to the Deportation Data Project, ICE recorded approximately 50,000 arrests nationally in July 2026 — the highest monthly total since President Trump's second term began. In California alone, ICE recorded roughly 4,300 arrests in July.

For employment-based visa holders, the enforcement environment intersects with several other recent policy changes: the proposed [elimination of the 60-day grace period](/blog/dhs-60-day-grace-period-elimination-proposed-rule-2026) after job loss, the proposed [$103,265 fee for H-1B cap petitions](/blog/dhs-103k-h1b-cap-fee-proposed-rule-2026), and the [State Department's pause on visa interviews](/blog/state-department-visa-interview-pause-public-charge-2026) related to the public charge rule. Together, these developments create compounding risks for work-visa holders who travel.

The APFA and AFA-CWA union warnings also highlight operational risks at airports themselves. In one reported incident, a flight attendant discovered a firearm that an ICE agent had left in a public restroom at SFO. The unions are collecting anonymous reports from crew members about enforcement-related incidents.