This article was updated on June 30 at 4:31 PM EST with an interview with another passenger and statements from CBP and Virgin Atlantic
Checked luggage delays are not uncommon and can be annoying for travelers, but they usually don’t result in legal threats. Hundreds of passengers at Orlando International Airport (MCO) were reportedly left waiting for their checked bags on June 27, with some saying they were told they would face arrest if they tried to leave the airport without their luggage, according to a passenger.
This comes after a U.S. airline shortened the window for passengers to file a claim for checked bag delays from three days to three hours. TheTravel spoke to two passengers aboard one of the three affected international flights, who explained what happened at the airport.
Hundreds Of Passengers Reportedly Threatened With Arrest At MCO
Virgin Atlantic aircraftCredit: via Shutterstock
Three Virgin Atlantic flights were grounded at Orlando International Airport due to thunderstorms, resulting in baggage delays for over 800 travelers. Carol Wick, who owns an international consulting firm, told TheTravel that a Virgin Atlantic employee said passengers could be arrested if they left without their luggage.
“I was told by Virgin staff I was not allowed to leave without my bags. I tried to file a lost bag claim so we could leave. She told me my bags were not lost and I would not be allowed to leave without them and anyone who did would be arrested,” Wick told TheTravel. “It was a young Virgin employee.”
In a June 28 Facebook post, another passenger, Jessica Watkins, said she had to wait for her checked luggage at the airport for over five hours.
Watkins confirmed to TheTravel that her flight was from London Heathrow Airport (LHR), which, according to flight data, arrived 37 minutes late at 6:37 p.m., and said in her post that she left the Orlando airport after midnight. Wick was on the same flight.
During that waiting period, Watkins said that passengers had to wait for their luggage in a customs-controlled area, and though arrest was not explicitly threatened, she felt it was suggested.
“[Officials] came over the intercom multiple times to tell us that [we] must not leave the terminal without the checked bags tied to our name,” Watkins told TheTravel. “And you’re in border control so the assumption is that that was the legal requirement.”
A spokesperson for Virgin Atlantic said in a statement to TheTravel that U.S. Customs and Border Protection (CBP) “has full jurisdiction over customs enforcement, not the airlines.” The spokesperson later told TheTravel that it wasn’t one of their employees who told passengers they could be arrested, adding that there may have been confusion with MCO airport staff due to wearing visually similar uniforms.
The Greater Orlando Aviation Authority (GOAA), which operates the airport, denied threats of arrest from its personnel.
“No GOAA airport staff, including our law enforcement partner the Orlando Police Department, threatened passengers with arrest,” a GOAA spokeswoman said in a statement to TheTravel.
Stressful Situation Inside The Airport
Wick told the Orlando Sentinel that passengers were forced to sit on the ground.
“There’s no place to sit, there’s babies, there’s elderly people and we’re all laying, sitting on the ground trying to find something to lean on,” Wick said.
She said that eventually, one person collapsed, and emergency responders arrived on the scene.
CBP explained the delays in a statement to TheTravel.
“U.S. Customs and Border Protection (CBP) is aware of the passenger delays at Orlando International Airport (MCO) on June 27, 2026. These delays stemmed from extended waits for checked baggage, which affected passengers’ ability to complete CBP entry processes. CBP officers were present and prepared to process travelers,” CBP said in a statement. “All persons, baggage, and merchandise arriving in the United States are subject to CBP inspection.”
Wick noted to TheTravel that “Homeland Security was very polite” and never threatened arrest. Watkins shared additional details about the situation and Virgin Atlantic’s attempt to remedy the situation.
Further Details On The MCO Situation And The Airline’s Response
People waiting for their checked luggage at the international baggage claim in the Orlando International Airport.Credit: Shutterstock
GOAA did confirm the severe weather to TheTravel, which resulted in “halted ramp operations multiple times between 6 p.m. and 11p.m.”
The agency added, “The combination of weather and staffing levels of airline ground-handling operations contributed to the delay in baggage delivery. All baggage handling for flights is managed by the airline and its ground-handling partners.”
Virgin Atlantic said in a statement that it apologized for the delays and confirmed that every passenger eventually received their baggage.
“We’d like to apologise for the inconvenience caused to customers whose bags were delayed arriving into Orlando International Airport on 27 June, due to adverse weather which affected ground handling operations. We worked closely with our airport and ground handling partners throughout and all customers were reunited with their bags before leaving the airport,” a Virgin Atlantic spokesperson said in a statement to TheTravel.
The airline confirmed the three affected flights, all departing from the U.K. Watkins, who runs a small poultry farm in Florida, told TheTravel that the England-based carrier sent her an automated email asking to “submit receipts for snacks purchased while waiting,” and that it would consider reimbursing passengers for those purchases.
She added, however, that the customs-controlled area had no options for purchasing food or drinks. As for the legal ramifications passengers could face for failing to retrieve their checked luggage, they remain unclear.
Legal Ramifications For Not Grabbing Checked Luggage
People waiting in line to go through TSA screening at Orlando International Airport (MCO)Credit: Joni Hanebutt/Shutterstock
Virgin Atlantic explained in a statement to TheTravel why passengers were required to wait for their luggage, and it has to do with their ability to re-enter the airport.
People waiting in line to go through TSA screening at Orlando International Airport (MCO)Credit: Joni Hanebutt/Shutterstock
“US Customs and Border Protection (CBP) requires that after exiting the aircraft, all passengers are required to clear Customs & Immigration and claim their baggage from the carousel before exiting the baggage hall. Re-entry will not be permitted and bags will be held by CBP if passengers have not completed the customs process,” the airline said in a statement.
CBP explains the policy on a section of its website for travelers checking luggage through to their final destination. The agency wrote that if passengers do not obtain their luggage after an international flight, it “will result in it not arriving at [their] final destination.”
Albert Yonfa, an Orlando attorney, explained to Fox35 Orlando why passengers were made to wait for their baggage.
“When you’re traveling internationally, you’re not considered to have entered the country until both you, your person and your declared property have cleared customs,” Yonfa said.
Yonfa explained what the airport should have done to allow passengers to exit more quickly, and it’s what Wick said she attempted to do.
“What should have happened is that they issue a document that says a mishandled or lost baggage form, and this legally separates the traveler from their baggage,” he said.
Once the bag has arrived, passengers would be able to return to MCO to finish the paperwork and claim their luggage, according to Yonfa.
Virgin Atlantic states on its website that passengers can file claims for delayed bags and even spend up to $75 per day on essential items when left without baggage. Receipts must be submitted within 21 days of a passenger’s bag being returned.
Travelers could end up in legal trouble if they fail to declare certain items in their checked bags, however. Under 19 USC § 1497, all items obtained while abroad must be declared or face penalties or confiscation.
The rule states that if the article is a controlled substance, passengers must pay either $500 or 10 times the item’s value. Passengers should ensure all items obtained outside the U.S. are declared and check with the respective airline to file a claim if a bag is delayed.