Skip to main content

It can be terrifying to be pulled over during a police traffic stop. It can feel even scarier when the officers work for U.S. Immigration and Customs Enforcement, often called ICE. Many laws have changed, and it can be hard to know what ICE officers can and can’t require during a stop.

The Immigrant Defense Project offers clear guidance on your rights. If officers don’t identify themselves, you should ask what agency they work for and why they stopped you. Here are six things ICE can’t make you do:

1- Hand over documents from a foreign country

If you weren’t born in the U.S., the IDP recommends you only show ICE your U.S.-issued identification, such as a driver’s license or a non-driver ID. It warns against giving officers foreign documents, including a passport, a consular ID, or an expired visa. Never hand over a false document.

2- Hand over your passengers’ ID

The IDP explains that in New York, a driver must show their license during a traffic stop. A passenger does not have to show ID or give personal information, including their name, address, or place of birth. A passenger can say, “I don’t consent to give you ID or answer your questions.” They can also ask, “Am I free to go?” and may leave the scene.

3- Answer questions (without a lawyer present)

You can say, “I want to use my right to not answer questions.” If pressed, you can say, “I want to speak to a lawyer.” You never have to answer questions during a stop. It may be wiser to politely refuse.

ICE doesn’t need a warrant to stop a car, but agents do need one to search your vehicle or your person. The only exception is a pat-down over your clothes to check for weapons. If an officer asks to search, you can say, “I don’t consent to this search.” You can add, “I don’t want you to search my car,” or, “I don’t want you to search my pockets.” You can also ask to see their warrant.

Even if an officer threatens to get a warrant, giving permission is still a bad idea. A warrant limits what they can search and how. Your verbal permission gives them a blank check.

5- Fingerprint you (without arresting you)

You can refuse to be fingerprinted by ICE until they arrest you. During a traffic stop, you can say, “I don’t consent to being fingerprinted.”

6- Detain you for no reason

ICE agents can’t detain you longer than necessary to investigate a specific crime. If they claim “reasonable suspicion” that you or your vehicle are in the country illegally, you can show the necessary paperwork and then ask, “Am I free to go?” Once they say “yes,” you can say, “I don’t want to answer any more of your questions,” and drive away as soon as it’s safe to do so.

Related

Canadian RVs Are Sneaking Into the U.S. Using This 1 Major Loophole

Want more news like this? Add MotorBiscuit as a preferred source on Google!
Preferred sources are prioritized in Top Stories, ensuring you never miss any of our editorial team's hard work.
Add as preferred source on Google