WHAT TO DO IF ICE STOPS YOUR VEHICLE
- STOP THE CAR AS SOON AS SAFELY POSSIBLE.
After stopping. turn off the car, turn on the internal light.
open the window part way and place your hands on the
wheel.
- THERE MUST BE A REASON TO STOP YOU.
If a police officer stops you, they must have reasonable
suspicion that someone in the car committed a local or state
violation or crime. If an immigration officer stops you, they
must have reasonable suspicion that someone in the car
committed an immigration violation or federal crime. You
can ask:
• Am I free to leave?
• Are you the police/immigration?
• Why did you stop me?
- IF YOU ARE DRIVING, UPON REQUEST, PROVIDE
YOUR DRIVER'S LICENSE, REGISTRATION, AND PROOF OF
INSURANCE IF YOU HAVE IT.
If you do not have these documents, you can tell the officer
you do not have them or that you are exercising your right
to remain silent. In some states, if you are driving without a
license, this is an arrestable offense, so failure to provide a
driver's license could result in arrest. The officer may ask for
other identification, and you may refuse to provide it."
- PASSENGERS DO NOT HAVE TO PROVIDE IDENTIFICATION.
Generally, if an officer asks a passenger for identification,
they do not have to provide it. Talk to a local advocate about whether and when you must produce identification. For example, in most states, you must show a
driver's license if you are driving and you are pulled over; you also must show your immigration identification to an immigration officer
who requests it if you have lawful status and are not a U.S. citizen.
- GENERALLY, YOU DO NOT HAVE TO PROVIDE OTHER IDENTIFICATION.
If you are stopped by state or local police, you may choose to
provide proof of lawful immigration status, if you have such
proof. If you are stopped by an immigration officer, you must
provide proof of lawful status if you have status and are not
a U.S. citizen. If you do not have lawful status, you should not
provide foreign identification.
- IF THE OFFICER SAYS THEY HAVE A WARRANT, ASK FOR IDENTIFICATION AND REVIEW THE WARRANT.
• SEARCH WARRANT: Officers can search your car if
(1) you
give consent
(2) they have a search warrant that specifies
the exact car to be searched and the warrant is signed
by a judge (not an immigration officer) or
(3) they believe
your car contains evidence of a crime.
• ARREST WARRANT: If an ICE officer has an arrest warrant,
they can arrest the person named on the warrant. An
arrest warrant does NOT give ICE permission to search
your car.
- YOU HAVE THE RIGHT TO REMAIN SILENT.
Indiana’s law states that you have to give your name to an officer
if they ask (including ICE).
If you are stopped by state or local police, you may choose to
provide proof of lawful immigration status, if you have such
proof. If you are stopped by an immigration officer, you must
provide proof of lawful status if you have status and are not
a U.S. citizen. If you do not have lawful status, you should not
provide foreign identification.
REMEMBER
• Only provide your identification when the law requires you to do so.
• Do not tell the officer your country of nationality.
• Do not answer questions.
• Do not sign paperwork.
• Do not carry false documents.
• Do not physically interfere with the search.