Immigrants & Immigration

Warning: Some of this information may become outdated as more 2025 executive orders are issued or as the current administration releases updated guidance. Please consider consulting a lawyer if you have questions about your situation. You can also read the President’s executive orders.

Sometimes, when the police issue a traffic violation, they report the person to the Immigration and Customs Enforcement Agency (ICE). ICE may look into your immigration status, especially if you received a major traffic violation or have a criminal history. Whether a traffic violation leads to ICE depends on where you are, the ICE agents’ priorities, and the details of your case.  

Minor A person under 18 years old traffic violations: offenses that are considered minor traffic violations in Illinois may include:

• Driving without a license,
• Seat belt violations,
• Invalid vehicle registration,
• Changing lanes without signaling,
• Defective windshield,
• Failure to reduce speed,
• Failure to obey a stop sign,
• Improper turn signal, and
• Improper passing.

Note: Effective January 1, 2024, Illinois law enforcement can no longer stop or search you, your car, or your passenger solely based on having an object hanging from your rearview mirror.

Historically, if you got a minor traffic violation, ICE was less likely to investigate your immigration status and take action. The current presidential administration prioritizes deportations and encourages local law enforcement to work with ICE. Depending on where you are, even a minor traffic violation can lead to ICE involvement.

Major traffic violations: offenses that are considered major traffic violations include:

• Driving under the influence The operation of any vehicle while under the influence of alcohol or narcotics. ,
• Hit and run,
• Reckless driving resulting in injury to persons, and
• Violations that have the potential to cause serious injury or harm to the public.

High priority

ICE is more likely to investigate your immigration status if you:

• Have been charged with crimes including violent offenses, felonies, or major traffic violations,
• Have a lengthy criminal record or repeated criminal convictions,
• Are a known gang member,
• Pose a danger to national security or a risk to public safety,
• Were arrested at the border or port while trying to enter the United States on or after November 1, 2020,
• Recently entered the U.S. illegally,
• Are a repeat violator of immigration laws, including illegal entry and immigration fraud The deception of someone(s) with intent to cause damage (not including  forgeries and counterfeiting). , and
• Are a fugitive from immigration court.

Police questions and traffic stops

Being stopped and questioned by the police can be very stressful. Here are some important things to remember:

• Stay calm. Don’t run. Don’t argue, resist, or obstruct the police. This is key even if you are innocent or the police are violating your rights.
• Always keep your hands where the police officer can see them.
• Ask if you are free to leave. If the officer says yes, calmly and silently walk away. If the officer says no, then you are under arrest, and you have a right to know why.
• You have the right to remain silent and cannot be punished for refusing to answer A written statement used to respond to the complaint or petition in a lawsuit questions. If you do not want to answer questions, tell the officer out loud. If you do talk to the officer, do not lie. Lying is often a crime.
• You do not have to consent When someone gives permission for someone else to do something to a search of yourself or your belongings. Although, the police may pat down your clothing if they suspect that you possess a weapon. You should not physically resist, but you have the right to refuse consent to any further search.

Getting arrested during a traffic stop

Do not resist arrest, even if you believe the arrest is unfair. Say that you wish to remain silent and ask for a lawyer Someone who represents clients in courts or who gives legal advice . Don’t give any explanations or excuses.

If you cannot pay for a lawyer, you have the right to a free one. You don't have this right if the crime you are charged with can only be punished by a fine. Don’t say anything, sign anything, or make any decisions without a lawyer.

You should ask your lawyer about the effect of a criminal conviction When someone is declared guilty of a crime by a court on your immigration status. Don’t discuss your status with anyone but your lawyer. If an immigration agent visits you in jail, do not answer questions or sign anything before talking to a lawyer.

What you say to anyone other than your lawyer can and will be used to file criminal charges against you. It can also be used against you in any criminal case. This includes statements made to police, other law enforcement officers, and other people, including prosecutors.

If you were arrested for a fine-only offense or a misdemeanor A lesser crime punishable by a fine or confinement in county jail for up to one year. , you often would be eligible for prompt release from the station lock-up after you agree to an individual recognizance bond (I-bond). No more than 48 hours after your arrest, regardless of the charges, you have the right to appear before a neutral judge.

Getting detained by ICE after a traffic violation

In Illinois, local law enforcement cannot assist with federal immigration enforcement unless federal agents have a criminal warrant or federal law requires it. So, under Illinois law, local law enforcement cannot give ICE access to people in custody, detain people for ICE, or share information with ICE about people in custody. Illinois law enforcement is generally not allowed to contact ICE about a person in jail after a traffic stop, for example. To learn more, read Attorney General Kwame Raoul's guidance to law enforcement on immigration enforcement.   

Outside Illinois, there may be agreements for cooperation between local law enforcement and ICE, called 287(g) agreements. In other states, local law enforcement can contact ICE after a traffic stop, or enforce Taking legal steps to make someone do what the court tells them to do an immigration detainer. An immigration detainer is where local law enforcement will hold people for up to 48 hours until ICE takes custody of them. Illinois does not allow ICE detainers, but most other states do.