In the wake of tactics used by Immigration and Customs Enforcement (ICE) during operations targeting the migrant community, legal experts have found it necessary to inform the public on exactly what to do if federal agents stop a vehicle.
Knowing your basic rights can make the difference between protecting yourself legally or exposing yourself to serious consequences.
Basic rights if ICE made a detention in a car
Attorney and executive director of the Center for Human Rights and Constitutional Law, Sergio Perez, explained in an interview with ABC7 that individuals have constitutional protections in these situations.
One of the most important is that no ICE agent may forcibly enter private property, including a vehicle, without a warrant.
This means that if officers ask to enter the car, the driver or passenger is under no obligation to consent.
In addition, to stop a car they need reasonable suspicion and to search a car they require probable cause.
It is valid to ask the reason for the detention and to remain silent, which is protected by the U.S. Constitution.
In these scenarios, many migrants make the mistake of answering questions immediately, but experts recommend otherwise.
There is no obligation to explain immigration status or provide personal information beyond the necessary identification.
How to keep calm
Perez also stressed the importance of staying calm if ICE stops you in a car.
Any sudden movement or wrong word can complicate the situation.
It is advisable not to talk too much, not to open the window completely -just enough to listen to the officer- and not to sign any document at the moment, especially if it is a “voluntary deportation”.
Another key point is that every detained person has the right to make at least one telephone call.
It is therefore advisable to memorize or carry with you the contact numbers of an immigration lawyer or family members who can help you in those moments.
In Latino communities, where ICE arrests are often concentrated, advocacy organizations insist that calm and knowledge of rights are the best tools for dealing with a raid on the road or in any other public space.
What to do after an ICE detention in a car
If the detention leads to an arrest, it is crucial to remember that no one is obligated to sign documents in haste.
Immigration lawyers recommend not accepting voluntary deportations without legal counsel, as this could close the possibility of defending the case in court.
There are local and national organizations that offer free or low-cost legal assistance to migrants in these situations.
These include civil rights coalitions and community associations that provide guidance on how to respond to a raid.
In addition, some experts remind that recording the interaction may be legal depending on the state, as long as it does not interfere with the officer’s duties.
Having evidence of what happened can be a useful tool if the case goes to court.
ICE and migrant communities in the U.S.
The issue of immigration detention remains a sensitive issue in the United States, especially under the administration of President Donald Trump, who began his second term in January 2025.
His administration has insisted on tightening immigration policies, which has generated concern in the Latino community.
In this context, it is critical that migrants know how to react if ICE stops them in a car.
Being prepared with verified information and legal advice can make the difference between facing the process with guarantees or being vulnerable to possible abuses.
This article was originally published in Nueva News.
