Published July 29, 2026 at 1:51 PM ET · Updated July 29, 2026 at 3:02 PM ET
ICE begins arresting visa overstayers at airports, reversing a Biden-era policy
1 independent outlets are covering this story. Verification: Watching — single-source — not yet independently corroborated. Patriot Watch links to original reporting; we don't republish it.
ICE has started arresting individuals who overstay their visas at airports. This reverses a policy that was previously in place under the Biden administration.
Patriot Watch first flagged this story 2 hr ago, when New York Post reported it. So far this remains a single-source report. The most recent report came 2 hr ago from New York Post. Verification tier: Watching — single-source — not yet independently corroborated.
⚖ The Constitutional Angle
A visa overstayer entered the country lawfully, so under Yamataya v. Fisher they are Fifth Amendment persons who cannot be removed without due process: at minimum notice and a meaningful opportunity to be heard before an immigration judge. Airport arrest does not erase that right for someone who has already entered.
Kaoru Yamataya v. Thomas M. Fisher, Immigrant and Chinese Inspector (The Japanese Immigrant Case) 189 U.S. 86 (1903)
Vote: Majority for the Court (Harlan); Brewer and Peckham dissenting. Exact 7-2 tally not… · Opinion: Harlan
Although Congress may commit exclusion and deportation to executive officers without judicial trial, an alien who has landed and become part of the U.S.
Precedent facts from the PW Law Library — primary-source verified & independently audited
