Your Rights in Your Car
General information, not legal advice. These guides are written by the community, laws vary by state, and policies change. For advice about your own situation, talk to an immigration lawyer (how to find a real one, free if needed).
Pulled over? Slow down, signal, stop somewhere safe, and keep your hands visible. At night, turn on the interior light. Calm and predictable is the goal.
Drivers and passengers are different
- The driver must show a license, registration and proof of insurance when police ask. Pass them through a partially opened window. You do not have to answer questions about where you are going, where you were born, or your status.
- Passengers can stay silent, and in most states do not have to identify themselves. A passenger can ask "Am I free to leave?" and, if yes, calmly leave.
Searches
Say: "I do not consent to a search of my car." Say it even if they search anyway (with claimed probable cause they might). Never physically resist. Your stated non-consent matters later in court.
If you are ordered out
Comply physically. Exiting the car when ordered is not consent to anything else. Keep exercising your right to silence.
Border Patrol checkpoints
CBP runs immigration checkpoints, mostly within 100 miles of a border or coast. At a checkpoint:
- They may ask brief immigration questions and can send you to "secondary" inspection.
- You may remain silent, but never lie and never show false papers.
- You do not have to consent to a search of your vehicle.
Everyone in the car
- Do not sign anything on the roadside. See If You Are Detained if it goes further.
- You have the right to record your own stop. Announce it calmly, and keep your hands visible while doing it.
- Keep a red card in the glovebox with your documents.