AI Summary:
When and How ICE Can Stop a Vehicle
- Reasonable Suspicion: ICE agents cannot pull you over for routine local traffic infractions, such as a broken tail light or speeding, because they enforce federal immigration law rather than state traffic laws. They must have reasonable suspicion based on specific, articulable facts that an occupant in the vehicle is in the U.S. unlawfully.
- Pretextual Stops: Legal challenges and settlements—such as Castañon Nava v. Department of Homeland Security—restrict ICE from using minor or pretextual traffic violations to engage in racial profiling or sweeping collateral arrests in many jurisdictions.
- Signaling to Stop: ICE agents frequently use unmarked vehicles and plain clothes. However, drivers are only legally required to pull over when officers visibly identify themselves and signal to stop using emergency lights or sirens.
What to Do During a Stop
- Ask Questions Safely: If you are pulled over, ask the officers through a partially rolled-down window what agency they belong to (police vs. ICE/CBP) and the reason for the stop.
- Know Your Rights: You have the right to remain silent and do not have to answer questions about your citizenship or immigration status. If you have lawful status, you may choose to show valid documentation

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