Amid a growing atmosphere of fear due to the increase in immigration operations in the United States during the holiday season, the American Civil Liberties Union (ACLU) released a practical guide aimed at drivers and passengers who may come into contact with agents from the Immigration and Customs Enforcement (ICE) or with any federal or local law enforcement agency.
The organization aims to ensure that individuals are aware of their basic rights and to help them avoid situations that could escalate encounters with authorities, especially during times when thousands of families travel by road to reunite.
The document reminds us that, in the event of a vehicle stop, the first thing to do is to remain calm.
It is recommended to stop the vehicle in a safe place as soon as possible, turn off the engine, turn on the interior light, slightly lower the window, and keep both hands visible on the steering wheel.
This protocol reduces tensions and demonstrates cooperation without renouncing legal rights. If the agent requests documents, the driver must provide their driver's license, vehicle registration, and proof of insurance.
If the officer requests to search the interior of the car, the person can clearly and respectfully refuse.
However, the ACLU warns that the police can inspect the vehicle without consent if they claim there is probable cause related to the commission of a crime.
Both those who are driving and the passengers have the constitutional right to remain silent.
Passengers may inquire whether they are authorized to leave; if the response is affirmative, they should do so calmly or remain silent. Even when the agent indicates that they cannot leave, the individual is not obligated to answer questions beyond what state law requires regarding basic identification.
If the detention leads to an interrogation process, the guide emphasizes the importance of not fleeing, not arguing, and not physically resisting, even if one believes that the police action is unjust.
Keeping your hands visible at all times is essential.
It is also advisable to ask directly if you are free to continue on your way; if the authority confirms it, you should leave the place calmly and without comments.
In the event of arrest, the detained individual has the right to know the reason for the apprehension.
The ACLU emphasizes that no one can be punished for exercising the right not to answer questions. To make this effective, it is advisable to state it out loud. In certain states, providing your name when requested is mandatory.
Similarly, a person is not required to consent to bodily searches or searches of their belongings, although officers may pat down clothing if they suspect the presence of weapons.
Refusing further inspections is legal and should not be done through physical force, as any consent may later be used in court.
Increase in Arrests During Christmas
This warning from the ACLU has particular significance following reports of arrests of migrants in public spaces in Washington, New York, and other cities in the days leading up to Christmas.
Videos shared on social media showed ICE agents apprehending individuals as they left supermarkets, scenes that caused shock among witnesses and family members.
In one instance, a man was arrested in Washington state while pushing a cart with his groceries, which ended up being retrieved by the officers themselves.
Witnesses described these actions as devastating, occurring just as many families were preparing to gather and celebrate.
Similar situations occurred in New York, where another woman was arrested near a store, provoking reactions of outrage and distress in the community.
Organizations advocating for immigrant rights have questioned these practices due to their emotional impact and for separating family units on significant dates.
Despite this, the Donald Trump administration confirmed that operations would continue uninterrupted during the holidays, raising concerns among those who need to travel by road for Christmas and New Year’s.
In this context, the ACLU guide becomes a key tool for drivers and passengers to understand how to act, reduce unnecessary risks, and assert their rights in a reality marked by intensified immigration controls.
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