Getting pulled over by the police is never easy for anyone. For immigrants—especially those who are undocumented—it can be even more frightening and confusing. Although these feelings are completely understandable, it is important to understand that even as an immigrant, you still have rights under the U.S. Constitution. This post will walk you through what to do during a traffic stop, how to protect yourself, and what to do if you’re arrested or referred to immigration authorities—regardless of your immigration status or citizenship.
During a Traffic Stop: Stay Calm and Know What to Expect
If you’re driving and see police lights behind you, pull over safely to the side of the road. Turn off your engine, roll your window down partway, and place your hands on the steering wheel. These are signs that you are cooperating and not a threat. It is important not to argue, run, or resist—even if you think that the traffic stop is uncalled for.
When the officer approaches your car, be polite but careful. You’re required to show your driver’s license, registration, and proof of insurance if you have them. If you do not have a valid driver’s license, do not lie or present false documents—that can lead to serious legal trouble. Instead, you can choose to remain silent or say you are exercising your right to remain silent.
If asked any questions you are not comfortable answering, you can simply say, “I choose to remain silent.” That right applies to everyone, regardless of immigration status. You are also not required to answer questions about your immigration status, where you were born, or how you entered the United States, if prompted.Â
In short:
- Stay calm and respectful
- Show your documents if you’re driving
- You have the right to remain silent
Don’t Consent to a Search
Police officers might also ask to search your car, but you have the right to say no. Clearly state, “I do not consent to a search.” The officers may still search your car if they believe they have legal grounds (like probable cause), but your refusal can help protect your rights and your case later if things escalate.
Either way, it’s important to stay calm and not argue or resist, even if you believe your rights are being violated. You’ll have a better chance of addressing the issue later with the help of a lawyer.
In short:
- You do not have to consent to a search
- If they search anyway, do not resist—but your objection could help your case later
Protecting Yourself During the Stop
If you feel nervous or afraid, that’s understandable. Try to remember important details—the officer’s name, badge number, patrol car number, and anything they say or do. You can also record the encounter with your phone, as long as you’re not interfering with the officer’s actions. Many people now use dash cams or phone apps that automatically record when a stop occurs.
Some immigrants carry a “Know Your Rights” card. This is a small card you can hand to an officer that states: “I am exercising my right to remain silent and would like to speak to an attorney.” This can be helpful if you are too nervous to speak or unsure of what to say.
In short:
- Stay calm and take mental notes
- Record the encounter if you can
- Know your rights card
If You Are a Passenger
Even if you’re just a passenger in the car, you still have rights. If the police pull over the car you’re in, they may ask for your name or identification—but you do not have to answer questions about your immigration status, where you were born, or how you entered the country. Only the driver is required to show a license and vehicle documents.Â
Unless the police have a specific reason to question or search you (such as reasonable suspicion of a crime), you can remain silent and politely ask if you are free to leave. If the officer says yes, you can calmly walk away. If they say no, you have the right to remain silent and ask for a lawyer if you’re being detained or arrested.Â
It’s also a good idea for passengers—especially undocumented ones—to carry a “Know Your Rights” card and be mentally prepared to assert their rights respectfully and clearly.
In short:
- You have the right to remain silent
- Show your documents if asked
- Know your rights card
If You Are Arrested or Detained
If the police arrest you or turn you over to immigration (ICE), you still have rights. Ask to speak to a lawyer immediately. Do not answer any questions or sign any documents without talking to a legal representative. Some documents, especially in immigration custody, can result in your deportation if signed.
You also have the right to make a phone call. Memorize the phone number of a trusted person who knows how to help you—whether that’s a family member, friend, or attorney. Let them know where you are and that you need help.
If ICE becomes involved, you can still ask for an immigration attorney. You may also request a list of free or low-cost legal service providers. Immigration court proceedings can move quickly if you are detained, so it’s important to act fast and not delay seeking legal help.
In short:
- Ask to speak to a lawyer immediately
- Do not sign anything without a lawyer
- You have the right to make a phone call
Prepare Ahead of Time: Make a Safety Plan
One of the best ways to protect yourself is to plan ahead. Memorize key phone numbers in case your phone is taken or not accessible. Keep important documents in a safe place, and tell someone you trust how to find them.
If you have children or other dependents, consider filling out a power of attorney form so someone you trust can care for them if you’re unable to. This can offer peace of mind and prevent unnecessary hardship for your loved ones.
In short:
- Memorize key phone numbers
- Create a safety plan
- Assign a Power of attorney
You Are Not Alone
You don’t have to be a U.S. citizen to have rights. Everyone—no matter their status—has the right to remain silent, be treated with respect, and ask for a lawyer. Knowing your rights is not just a form of protection; it’s a form of empowerment.
If you or a loved one has been stopped, arrested, or referred to immigration authorities, our team at Hope Immigration is here to support you. We can walk you through your rights and how traffic stops or arrests can affect your immigration status.