Will Police Contact ICE When They Pull Over Undocumented Drivers?

Most police officers will not bother with undocumented drivers at simple traffic stops unless there is a warrant for their arrest. If the driver does not have a driver’s license but has sufficient identification they will issue a ticket for unlicensed operator. They will not question the passengers of the vehicle. The local police around the Capital District Region have been the exception. There have been reported cases of local police calling ICE (US Immigration & Customs Enforcement) down to pick up undocumented drivers.

This is a general reminder if you are undocumented, you have the absolute right to not answer any questions about your status. In order to drive you must show that you are a licensed motorist, and the police can tow your car otherwise. However, this has nothing to do with your status. You do not need to discuss your status with the police officer and you have the right to remain silent.

In 2015, motorists with multiple convictions of VTL 509-1 were being jailed at the Suffolk County Traffic Violations Agency. This was discontinued shortly thereafter. However, judges in justice courts do have the discretion to order jail time for this violation.

If you are undocumented and have any questions about what to do when pulled over, you can contact the Benjamin Goldman Law Office. We have a full time Spanish speaking paralegal, and we can go through the various scenarios with you. The Benjamin Goldman Law Office is a New York State law firm that focuses on traffic-related charges. Our firm helps motorists in New York City Upstate New York Long Island North Country Finger Lakes Western New York Southern Tier, and the Catskill Mountains. Contact us for a free consultation.