Dealing with ICE During a Car Stop
If you’ve been taken aback when seeing the aggression of ICE agents recently, you’re not alone. These agents have been seen blocking cars with their black SUVs, smashing the car windows of vehicles passing through, spraying chemicals into vehicles, dragging people from their vehicles and throwing them to the ground, and even shooting into vehicles, resulting in injuries and even fatalities. Americans are feeling jittery, at a minimum, and outright pugnacious and oppositional in many cases. The current situation merits a look at your legal rights when it comes to being approached by ICE while in a vehicle.
When to Comply
Video recordings confirm that Immigration & Customs Enforcement officers regularly swarming vehicles, filling motorists with fear and confusion. While remaining calm under these circumstances is certainly challenging, it’s critical that individuals remain composed as much as possible when interacting with these ICE agents. No matter what, it’s important to know and assert your rights even if officers are ignoring them, because it could wind up being quite valuable should there be any legal action related to the stop later on. You always have the right to remain silent and to request an attorney, and should proclaim this right as often as necessary. According to U.S. law, everyone in the country is afforded basic rights protecting them:
- The driver of a vehicle is required to present a legitimate government-issued identification when asked by any officer. However, any passengers in the vehicle do not have to comply with an ID request; nor do they have to answer any questions posed by officers, including their names, addresses, or place of birth. Instead, they should inform officers that you are asserting their right to remain silent and are requesting an attorney. Citizens may wish to announce that they are U.S. citizens.
- Anyone in the vehicle may be told to exit it for officer safety by ICE agents.
- Officers are allowed to pat down individuals in the name of officer safety.
- ICE officers cannot search individuals or the vehicle without a judicial warrant or the vehicle owner’s consent, and there is rarely a good reason to provide consent.
- Both citizens and non-citizens have the right to refuse to be fingerprinted prior to being arrested.
- Everyone has the right to refuse to sign documents without having a lawyer there to provide advice.
A caveat worth understanding is that today’s ICE agents may behave lawlessly. Always make decisions based on what you believe is the safest route.
It’s Your Right to Ask Questions
You are entitled to ask agents which agency they are with, as is often necessary when agents are in plain clothes and driving unmarked cars. Additionally, always as the following:
- Why they stopped your vehicle;
- Whether or not agents have a warrant;
- Ask to see the warrant to determine whether it been signed by a judge;
- Whether you are under arrest or are free to go.
Are ICE Agents Legally Allowed to Shoot at Your Vehicle?
Is it legal to shoot into a vehicle? Naturally, the circumstances determine the answer to this question, but it’s possible that they will do so, whether it is legally sanctioned or not. That being said, the general training that is supposed to be afforded law enforcement officers is clear. Officers are taught to approach vehicles from the side, and that they should not shoot at moving vehicles except in cases involving imminent risk of severe injury or death. Notably, shooting into a vehicle will not cause it to stop.
Protecting Your Rights
The experienced Miami criminal defense attorneys at The Law Office of Julia Kefalinos understand that these are challenging times, particularly for those in the crosshairs of ICE. We always fight to protect your rights. To discuss, schedule a confidential consultation today.
Source:
minnesotareformer.com/briefs/report-ice-officers-keep-shooting-people-in-their-cars/#:~:text=By:%20J.,7%2C%202026%209:57%20pm&text=One%20officer%20tells%20the%20driver,yourself%20out%20of%20the%20way.
