Immigrants & Immigration

In 2021, the Way Forward Act amended Illinois’ TRUST and VOICES Acts to add additional protections for immigrants in the state. The TRUST Act generally prohibits law enforcement from helping Immigration and Customs Enforcement (ICE) or transferring individuals to ICE custody. The VOICES Act provides protections for immigrants who are the victim or witness A person who answers questions in court under oath of crime or human trafficking. Involves the use of force or coercion to make someone participate in forced labor or a commercial sex act, or luring them into participating if they are under 18. These laws apply to all local law enforcement in Illinois. 

ICE does not have the authority to enforce Taking legal steps to make someone do what the court tells them to do traffic laws in the state of Illinois. ICE can only stop vehicles if they have a reasonable suspicion that the driver does not have immigration status. They must be able to point to specific reasons why they stopped someone. ICE cannot arrest people or give tickets for traffic violations. You are not required to disclose your immigration status or country of birth to anyone. If you are asked these questions you should respond with, “I wish to remain silent.”

If ICE stops you while you are the driver, you should:

• Pull over as soon as you can in a safe location,
• Keep your hands visible (do not attempt to get documents or IDs until the officer specifically requests it),
• Roll down the driver’s side window enough to speak with the officer,
• When asked, provide only US driver’s license, insurance, and registration,
• Do not answer A written statement used to respond to the complaint or petition in a lawsuit any questions, instead state, “I wish to remain silent.”
• If the officer asks you to step out of the vehicle, you should do so. Close the vehicle door behind you and lock it, if you can.
• Officers can do a “protective patdown” to look for weapons. A protective patdown means they can only pat you down outside your clothing. They are not supposed to go in your pockets unless they feel a weapon when doing the protective patdown.
• You have the right to refuse searches of your person or property, including your vehicle.

If you are a passenger in a vehicle, you are not required to show officers any documentation or provide any information. You are not required to get out of the vehicle. 

Minor A person under 18 years old traffic violations 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,
• Red light violations,
• Speeding (less than 25 over the speed limit),
• 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 only based on having an object hanging from your rearview mirror.

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,
• Driving on a suspended or revoked license,
• Aggravated speeding (driving more than 26 miles per hour over the speed limit), and
• Violations that have the potential to cause serious injury or harm to the public.

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 important 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 being detained. Includes juveniles held prior to a court makes a decision about their case,  awaiting transfer to adult criminal court, or awaiting a hearing or trial in adult criminal court. You should ask why, but the officer might not give you a reason.
• You have the right to remain silent and cannot be punished for refusing to answer 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 to law enforcement is 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 immigration status with anyone but your 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. This also includes statements you make when calling anyone other than your lawyer directly. When calling loved ones from jail or detention, you should avoid speaking about the reasons why you were arrested and only state your current location. 

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 might be eligible to be released from the station. You must agree to an individual recognizance bond (I-bond). An I-bond is an agreement that you will appear in future court proceedings. It does not require payment of any money. No more than 48 hours after your arrest, regardless of the charges, you have the right to appear before a neutral judge for a custody hearing. When the parties in a case present their sides of a case to a judge or other officer

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, Illinois 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. These are called 287(g) agreements. In other states, local law enforcement can contact ICE after a traffic stop, or enforce 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.