Will Police Contact ICE When They Pull Over Undocumented Drivers?

The vast majority of police officers will not bother with undocumented drivers at simple traffic stops. Unless of course there is a warrant for their arrest. If the driver does not have a driver’s license but has sufficient ID 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 are the exception. There have been numerous reported cases of local police calling ICE 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.

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 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.