To reduce any risk, remain calm and avoid running, arguing, or interfering with the work of officers. Keep your hands raised and visible at all times.
If you are in your vehicle, pull over to a safe location as soon as possible. Turn off the engine, switch on the interior light, lower the window partially, and keep your hands on the steering wheel. If requested by an officer, provide your driver’s license, vehicle registration, and proof of insurance.
If you are not a U.S. citizen and an immigration officer asks for your documents, you must show them. If you are over 18, you are required to carry your immigration papers with you. If you do not have them, you may choose to exercise your right to remain silent.
Your Rights
In your vehicle:
- Drivers and passengers have the right to remain silent. If you are a passenger, you may ask if you are free to leave and, if the officer allows it, you may do so calmly.
- If a police officer or immigration agent asks to search your vehicle, you have the right to refuse. However, if authorities believe there is evidence of a crime inside the car, they may search it without your consent.
- U.S. Customs and Border Protection (CBP) also conducts checks within the United States through “mobile patrols” that stop drivers. To do this, they must have reasonable suspicion that the driver or passengers have committed an immigration violation or a federal crime.
- If CBP decides to detain you for an extended period, there must be probable cause. You may ask on what legal grounds you are being detained, and agents are required to inform you. Both drivers and passengers have the right not to answer questions about their immigration status.
On an airplane:
- A pilot has the authority to deny boarding to a passenger if they reasonably believe the individual may pose a safety risk to the flight. However, the pilot cannot question you or prevent you from traveling for discriminatory reasons related to religion, race, national origin, gender, ethnicity, or political beliefs.
- If you suspect you have been mistakenly placed on a “no-fly” list, you may contact the TSA and request a review through the Traveler Redress Inquiry Process.
On buses and trains:
- CBP agents have the authority to inspect buses and trains within 100 miles of the border, either at the terminal or during the journey. It is common for more than one agent to board the vehicle to request identification or ask passengers about their immigration status.
- Questions must be direct and limited to verifying your lawful presence in the country. You are not required to respond and may simply state that you prefer not to answer. As in any other situation, you have the right to remain silent.
If you believe your rights have been violated:
- Write down all details you remember, including the officers’ badge numbers, the agency they belong to, patrol vehicle numbers, and any other relevant information. If there are witnesses, try to obtain their contact information.
- If you were injured, seek medical assistance as soon as possible and take photographs of your injuries as evidence.
- You have the right to file a written complaint with the internal affairs division of the agency involved or with the civilian complaint board. Depending on the case, you may be able to do so anonymously.