Amid rising fears of increased immigration operations in the United States during the holiday season, the American Civil Liberties Union (ACLU) has released a practical guide for drivers and passengers who might encounter Immigration and Customs Enforcement (ICE) agents or any federal or local law enforcement officers.
The aim of the guide is to inform individuals of their basic rights and help them avoid situations that could escalate an encounter with authorities, especially during times when thousands of families are traveling by road to gather with loved ones.
Stay Calm and Follow Protocol
The document emphasizes that the first step during a vehicle stop is to remain calm. It is advised to pull over to a safe location as quickly as possible, turn off the engine, activate the interior light, slightly lower the window, and keep both hands visible on the steering wheel.
This approach helps reduce tensions and demonstrates cooperation while maintaining legal rights. If asked for documents, the driver should provide their driver's license, vehicle registration, and proof of insurance.
Know Your Rights During a Search
If an officer requests to search the vehicle, individuals have the right to refuse clearly and respectfully. However, the ACLU warns that police may conduct a search without consent if they claim probable cause related to a crime.
Both drivers and passengers have the constitutional right to remain silent. Passengers can inquire if they are free to leave; if so, they should do so calmly or remain silent. Even if told they cannot leave, individuals are not required to answer questions beyond basic identification as mandated by state law.
Handling Questioning and Arrests
In the event questioning arises, the guide stresses the importance of not fleeing, arguing, or physically resisting, even if the police action seems unjust. Keeping hands visible at all times is crucial.
Individuals should ask directly if they are free to go; if the officer agrees, they should exit the area quietly without further comment. If arrested, the detainee has the right to know the reason for the arrest.
The ACLU underscores that exercising the right to remain silent cannot result in punishment. It is advisable to assert this right out loud. In some states, providing one's name when asked is required.
People are not obligated to consent to body searches or searches of their belongings, though officers may pat down clothing if they suspect the presence of weapons. Legally refusing additional searches is permissible and should not involve physical force, as any consent given can be used in court.
Heightened Arrest Activity During Christmas
The ACLU's warning takes on added importance following reports of migrant arrests in public places in Washington, New York, and other cities just days before Christmas.
Videos shared on social media have depicted ICE agents arresting individuals as they exited supermarkets, causing distress among bystanders and family members. In one instance, a man was arrested in Washington state while pushing a shopping cart, with officers collecting his groceries afterward.
Witnesses described these actions as devastating, occurring as many families prepared to reunite and celebrate. Similar situations unfolded in New York, where a woman was detained near a store, sparking outrage and anxiety within the community.
Immigrant rights organizations have criticized these practices for their emotional toll and for separating families during meaningful times. Despite this, the Trump administration confirmed that operations would proceed uninterrupted throughout the festive season, heightening concerns for those traveling by road for Christmas and New Year.
In this context, the ACLU's guide emerges as a vital tool for drivers and passengers to understand how to act, minimize unnecessary risks, and exercise their rights amid intensified immigration checks.
Frequently Asked Questions About ICE Stops During the Holidays
What should you do if ICE stops your car?
If ICE stops your car, you should pull over safely, turn off the engine, turn on the interior light, lower your window slightly, and keep your hands visible on the steering wheel. Remain calm and cooperate by providing requested documents like your driver's license, vehicle registration, and proof of insurance.
Can you refuse a vehicle search by ICE?
Yes, you can refuse a vehicle search by ICE. It is your right to decline a search clearly and respectfully. However, be aware that police may conduct a search without your consent if they claim probable cause related to a crime.
Are passengers also required to remain silent during an ICE stop?
Yes, passengers have the constitutional right to remain silent during an ICE stop. They can ask if they are free to leave, and if so, they should do so calmly or choose to stay silent.