What Rights Do I Have If ICE Stops Me on the Road?

Immigration advocates and Illinois residents are raising questions about people’s rights when interacting with Immigration and Customs Enforcement (ICE) agents following the fatal shooting of a Mexican immigrant in Franklin Park earlier this month.

During an attempted arrest, the 38-year-old man, identified by the Department of Homeland Security (DHS) and the Mexican Consulate in Chicago as Silverio Villegas-Gonzalez, was pulled over, shot and killed by an ICE agent just after dropping off one of his children at a day care in Franklin Park on Sept. 12.

The incident is one of many examples of the aggressive tactics that DHS has been using to arrest immigrants as part of the Trump administration’s “Operation Midway Blitz” and “Operation At Large,” according to immigrant organizers.

Immigration law experts say that while the Fourth Amendment protects the public from arbitrary arrests, those protections are significantly reduced in public spaces, like inside someone’s car.

Immigration attorney ​​Shelby Vcelka with Victory Law Office in Berwyn has noticed that ICE is increasingly targeting people in their vehicles, where some of these protections are weaker.

Borderless Magazine spoke with immigration law experts to compile guidance on what you should know when coming into contact with federal agents while in a vehicle.

1. What legal authority does ICE have to conduct vehicle stops?

ICE functions as a federal law enforcement agency with specific authority to enforce U.S. immigration laws within the country’s interior. Unlike local police officers, federal immigration agents cannot conduct stops based solely on traffic violations.

“They don’t get to just go about stopping and demanding answers of whoever they happen to run across,” said César Cuauhtémoc García Hernández, law professor at Ohio State University.

According to García Hernández, officers must obtain a warrant supported by probable cause before stopping individuals. They must also have reasonable suspicion that someone lacks lawful immigration status to justify warrantless vehicle stops.

He said ICE cannot stop people solely based on appearance, but it can be difficult to determine officers’ motivations for stopping an individual.

A principios de este mes, the Supreme Court ruled that federal immigration agents in Los Angeles can continue to decide whom to stop or briefly detain for questioning based on the following factors:

• apparent race or ethnicity,
• speaking English with an accent or speaking Spanish,
• presence at particular locations known to have a number of undocumented people
• and the type of work they do.

“[The ruling] directly impacted the LA region only, but there’s no reason why ICE would limit itself to LA or California.,” said García Hernández.

2. What are my rights during an ICE vehicle stop?

You have the right to ask whether the law enforcement officer pulling you over is a federal immigration agent or local police.

Vcelka said ICE increasingly uses unmarked cars, and agents may not properly identify themselves. This can create confusion about who is conducting the stop and make it harder for individuals to understand their rights and legal protections.

Laura Mendoza, lead trainer at The Resurrection Project, said unmarked vehicles without uniformed officers in Chicago are likely signs of federal immigration enforcement. Given current enforcement patterns and the lack of proper officer identification, Mendoza advised that people should operate under this assumption.

Vcelka says both drivers and passengers should exercise their right to remain silent when asked about their immigration status. They may say, “I am not going to answer that question at this time.”

There’s no legal requirement for U.S. citizens to carry proof of citizenship.

Drivers may be asked to provide their driver’s license and registration. Passengers have no obligation to show identification to police or ICE. But Vcelka advises that those with legal status should show proof of legal status to avoid the risk of being detained.

3. How should I respond if stopped by ICE?

Personal safety should be the primary concern during any ICE encounter, said García Hernández, as agents are armed and operating more aggressively. Although ICE agents have the authority to use reasonable force, the definition of ‘reasonable’ can be open to interpretation, making encounters unpredictable and potentially dangerous, he added.

Given the apparent documented increase in aggressive tactics, Mendoza said individuals should comply with orders to exit vehicles and avoid resistance.

“We don’t want to see another death of an individual just because they’re refusing to get off the car or they’re trying to get away from a really scary situation,” said Mendoza.

Do not resist or lie to agents, Vcelka added.

“Don’t run, argue, resist, fight anybody” to avoid worsening volatile situations, said Vcelka. “Just trying to keep your end of things calm will help in the long run.”

According to García Hernández, if people in the vehicle have mixed statuses, it could be safer for a U.S. citizen or someone with legal immigration status to be the primary communicator.

4. How can I prepare for a potential ICE encounter?

You can prepare for a potential ICE encounter by knowing your rights, whether you are undocumented or not, said Mendoza, who leads know-your-rights trainings on immigration enforcement.

To be extra cautious, Vcelka recommends always carrying original documents and digital and printed backup copies in case of document seizure.

She also said that people at risk of being detained, especially those who are parents, should prepare a comprehensive plan and put it in a binder that includes legal guardianship documents and emergency plans before an encounter.

“I would recommend people start by preparing themselves for the worst because we always think it can’t happen to us, but this is really showing that it can,” Vcelka warned.

5. If I’m a bystander, what can I do? 

Witnesses trying to help detained individuals during an ICE encounter can ask for emergency contact information rather than the person’s name to avoid unintentionally identifying them to agents, Mendoza said.

She said bystanders may call the Illinois Coalition for Immigrant and Refugee Rights (ICIRR) línea directa to mobilize rapid response groups around the area.

They can also use the online IL Immigration Info resource hub to find legal support.

Bystanders have the right to document ICE enforcement activities while maintaining a safe distance.

“People should feel completely entitled to record what they’re seeing and share that recording,” García Hernández said.

Verbal responses remain protected under First Amendment rights.

“Demanding a warrant loudly, loudly criticizing them, loudly decrying what they’re doing is certainly something we’re entitled to do,” he said.

However, García Hernández and Vcelka caution that bystanders should not physically intervene in the encounter to avoid escalation.

Vcelka warned that intervention could “potentially make a bad situation worse” and emphasized the importance of accurate documentation rather than creating misleading accounts.

“This is where organizing and political pressure, community organizing and political pressure, are far more useful ways of trying to maintain some oversight of ICE,” García Hernández said.

Documentation helps activist groups gather information and inform residents about neighborhood enforcement patterns, García Hernández said.

Este artículo es sólo para fines educativos e informativos y no debe interpretarse como asesoramiento legal.

Aydali Campa es miembro del equipo de Report for America y cubre temas de justicia medioambiental y comunidades inmigrantes para Borderless Magazine. Envíele un correo electrónico a [email protected].