Starting May 7, 2025, US travelers must be Real ID compliant to board domestic flights and access certain federal facilities. Ordinarily, a person must have a state-issued driver’s license that is Real ID compliant (a gold star marking) to pass the Transportation Security Administration (TSA) inspection and board a domestic flight.
To obtain a Real ID driver’s license, a person must provide documentation showing their name, date of birth, Social Security number, proof of address and, most important, legal status.
But what about people who are out of status? How can they fly domestically (within the US) after May 7, 2025? If they are out of status, they cannot provide documentation showing they are in legal status.
Fortunately, people out of status may still be able to fly within the US even if they cannot get a Real ID-compliant driver’s license. On the TSA’s website, they have a page listing the “Acceptable Identification at the TSA Checkpoint.” While they list US passports, state-issued driver’s licenses, permanent resident (green) cards, etc., they also list, “Foreign government-issued passport.” This means you can show your unexpired Philippine (or other foreign) passport containing your picture to the TSA officer at the inspection checkpoint instead of a Real ID driver’s license. This would enable you to board a domestic flight within the US. (Note: this does not mean you should board an international flight, because once you leave, you may not be able to return to the US for at least 10 years. This article deals only with domestic flights within the US.)
Flying may actually be “safer” than driving if you don’t have proof of legal status. I recall one case where a person was afraid to fly out of fear that immigration was at the airport. So, he decided to drive from Atlanta, Georgia, to Phoenix, Arizona, instead of flying. As he drove through Texas and was hundreds of miles from the Mexican border, he came to an immigration checkpoint. As he had no legal status, he was taken into custody and put in deportation. Had he flown, he would have gone right over this checkpoint.
Also, TSA is not border patrol or CBP. They are not checking for visas or legal status. Just make sure you’re not on some sort of terror watch list.
Therefore, once Real ID takes effect and you’re not eligible, you can use your Philippine passport. I would also suggest that you consult with an immigration attorney who could evaluate your status and situation and determine if there might actually be ways for you to obtain “legal status” and be able to obtain a Real ID driver’s license (and, of course, a green card).
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