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Traffic Stops & Your Rights: What Every Driver Should Know

August 4, 2026 – Rivas & Associates

State police car with lights on during a highway traffic stop. Know your rights during police and ICE stops. Rivas & Associates.

Recent fatal shootings by U.S. Immigration and Customs Enforcement officers, neither involving a person who was the target of the operation and neither captured on body-camera footage, have left immigrant families across the country unsure of their rights and fearful of the consequences of a simple traffic stop.

In Houston, Lorenzo Salgado Araujo, a 52-year-old Mexican national, husband, father, homebuilder, and longtime member of the community, was fatally shot by an ICE officer during an immigration enforcement operation. His family has said he had lived in the United States for decades, had no criminal convictions, and was driving workers to a construction job when he was killed. Days later, in Biddeford, Maine, Joan Sebastian Guerrero was killed in a shooting involving ICE. According to AP reporting, immigrant rights groups identified him as a 26-year-old native of Colombia, who was not the target of the warrant being executed.

We do not yet know every fact. Investigations are ongoing. But we know enough to say this: these deaths deserve more than silence. They deserve an independent review. They deserve public accountability. Most importantly, they deserve to be remembered as human beings, not reduced to immigration status, or official statements.

As immigration attorneys, we spend our days helping families navigate one of the most complicated systems in this country. We know that immigration law is not simple. We know that enforcement encounters can unfold quickly. But we also know that due process matters. Human dignity matters. And no family should have to learn about a loved one’s death through a government press release or incomplete public account.

These tragedies also raise a practical and urgent question for immigrant communities: What should people know if they are stopped by police, ICE, or another law enforcement agency?

This is not legal advice. Every case is different, and anyone facing an immigration issue should speak with a qualified attorney. But there are basic rights that every person should understand.

Know Your Rights Tips If You Are Stopped by Police or Immigration

1. Have your documents ready.

If you’re asked, calmly provide your driver’s license, vehicle registration, and proof of insurance.

Keep in mind that a matrícula consular or a foreign passport does not authorize you to drive. An international driving permit is also not a standalone driver’s license. It is only valid when used together with a valid driver’s license from your home country and is generally intended for temporary visitors. If you don’t have a valid driver’s license, it’s better to be honest than evasive. While you may choose not to answer questions about your immigration status (see #3), that is a separate issue from whether you are legally authorized to drive.

2. Exercise your right to remain silent.

You are not required to answer questions about where you were born, your immigration status, or how you entered the United States. If questioned, you can simply say, “I am exercising my right to remain silent.” You can also carry a Red Card, which is available at our offices or through organizations such as the Immigrant Legal Resource Center (ILRC).

If you are approached by an immigration officer or law enforcement, you can silently hand them the card. It states: “I do not wish to speak with you, answer your questions, or sign or hand you any documents based on my Fifth Amendment right. I do not give you permission to search any of my belongings based on my Fourth Amendment right. I choose to exercise my constitutional rights.”

3. Do not lie or provide false documents.

Never claim to be a U.S. citizen if you are not. Never show fake documents. Silence is safer than giving false information.

4. Ask, “Am I free to leave?”

If the officer says yes, calmly leave. If the officer says no, you can ask why you are being stopped.

5. Do not sign anything you do not understand.

Immigration paperwork can have serious consequences. Ask to speak with an attorney before signing anything.

6. You can refuse consent to a search.

If an officer asks to search you, your belongings, your phone, or your car, you can say: “I do not consent to a search.” There are situations where officers may search anyway, but clearly stating your refusal matters.

7. Keep important phone numbers memorized.

Have the number of a trusted family member, immigration attorney, or community hotline memorized in case your phone is taken or inaccessible. You can reach our office at (844) 37-RIVAS.

8. Have a family safety plan.

Every family should have a plan in place before anything happens: who to call, who is authorized to pick up your children, where important documents are kept, and what steps to take if a family member is detained. If you don’t already have this in place, our office can help you create a Power of Attorney.

9. Record or ask someone nearby to record, if it is safe and lawful.

Documentation can matter. But do not interfere with officers or put yourself in danger.

Frequently Asked Questions

Can ICE pull my car over?

ICE conducts vehicle stops as part of targeted enforcement operations. Following the July shootings, ICE briefly paused most vehicle stops nationwide, then resumed them on July 16, 2026, under guidance requiring at least one officer on the stop to wear a body camera.

Do I have to answer ICE’s questions about my immigration status?

No. You have the right to remain silent about where you were born, your immigration status, and how you entered the country. You can state that you are exercising that right, or hand over a red card.

What is a red card?

A printed card distributed free by the Immigrant Legal Resource Center and by immigration attorneys, that lets you assert your constitutional rights without speaking.

Who can pick up my children if I am detained?

Only someone you have authorized in advance. This is why a family preparedness plan matters: a Power of Attorney and a child care authorization, prepared before a crisis, name who has legal authority to care for your children and access records.

Should I open my door if ICE knocks?

You are not required to open the door without a judicial warrant signed by a judge. You can ask the officer to slide any warrant under the door and speak to an attorney before responding.

What We Handle

Rivas & Associates is a top-rated immigration law firm headquartered in Oklahoma and Arkansas. Founded by award-winning attorney Lorena Rivas (Abogada Lorena®), the firm advocates for immigrants across the nation. From family petitions to deportation defense, Rivas & Associates supports clients through their American Dream. If you or a loved one needs guidance, call (844) 37-RIVAS or visit our Contact Us page to schedule a consultation.

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