Can Undocumented Individuals Still Fly Domestically after May 7?
WHAT YOU NEED TO KNOW ABOUT REAL ID
By James Larsen, Managing Attorney
After years of delays, the federal government is finally enforcing the REAL ID Act—and if you’re undocumented and planning to fly within the United States, it’s important to understand what’s changing. Beginning May 7, 2025, every traveler aged 18 or older must present a REAL ID-compliant driver’s license or an acceptable alternative form of identification to board domestic commercial flights regulated by the federal government.
This deadline has been postponed several times, but barring another extension, it is set to take effect. So what does this mean if you are undocumented?
Can Undocumented Individuals Still Fly Domestically After May 7, 2025?
Yes, but there are conditions and risks. While undocumented individuals are not barred from flying domestically, they will not be able to use a standard, non-compliant driver’s license at airport security. However, the Transportation Security Administration (TSA) will continue to accept valid, unexpired foreign passports as identification.
That said, using a foreign passport may result in additional screening, and TSA may refer travelers to U.S. Customs and Border Protection (CBP) if there are questions or concerns. Although TSA is not an immigration enforcement agency, any encounter with federal authorities could lead to immigration-related consequences depending on the situation and location.
What Documents Will TSA Accept at Airport Security?
To fly within the U.S. after May 7, 2025, travelers must present one of the following accepted forms of ID:
- Foreign Passport (valid and unexpired)
- REAL ID-compliant Driver’s License or State ID (look for a star or “enhanced” marking)
- U.S. Passport or Passport Card
- DHS Trusted Traveler Card (Global Entry, NEXUS, SENTRI)
- U.S. Department of Defense ID
- Permanent Resident Card (Green Card)
- Employment Authorization Document (Form I-766)
- Transportation Worker Identification Credential (TWIC)
- U.S. Merchant Mariner Credential
- Enhanced Driver’s License (available in select states)
- Federally Recognized Tribal-Issued Photo ID
- Canadian Provincial Driver’s License or INAC Card
- HSPD-12 PIV Card (Federal employees)
- School or University ID (only for travelers under age 18)
Visit the official DHS page for updates and the full list of acceptable IDs: DHS REAL ID Website
Why Has REAL ID Been Delayed So Long?
The REAL ID Act was passed by Congress in 2005 in response to national security concerns after the September 11 attacks. It was originally supposed to take effect in 2008, but states pushed back due to concerns about cost, privacy, and logistics. Over the years, compliance increased, and by 2020 all states were certified as meeting the federal requirements.
Due to the COVID-19 pandemic, the enforcement date was extended again to May 7, 2025. This is now considered the firm deadline.
What Happens If I Show Up Without a REAL ID or Valid Alternative?
If you try to board a domestic flight after May 7, 2025, with only a non-compliant ID, you may:
- Be denied boarding at the TSA checkpoint
- Be subjected to enhanced screening
- Miss your flight entirely
- Be referred to immigration authorities if your documentation raises questions
Even with a valid foreign passport, undocumented travelers should be prepared for possible secondary screening and understand that there is a risk of being questioned about immigration status, especially in areas near the U.S. border.
Immigration law changes rapidly. This article is for informational purposes only, reflects the law as of its publication date, and may be superseded by later changes in the law, regulations or agency policy. It is not legal advice, and reading it does not create an attorney-client relationship.La ley de inmigración cambia rápidamente. Este artículo es solo para fines informativos, refleja la ley a la fecha de su publicación y puede quedar superado por cambios posteriores en la ley, las regulaciones o las políticas de las agencias. No es asesoría legal, y leerlo no crea una relación abogado-cliente.