This page covers stops outside your home: on the sidewalk, at a bus stop, in a parking lot or in a car. If agents come to your door, see How to tell an ICE warrant from a judge's warrant. If they come to your job, see What to do if ICE comes to your work. This is general information, not legal advice. DNLH is not a law office.
Who stopped me, and why does it matter?
The rules are different for local police and for federal immigration agents. So the first thing to learn is who you are talking to.
- Police, sheriff's deputies and the California Highway Patrol enforce state law. The California Attorney General says they may not ask about your immigration status for immigration enforcement, and may not help ICE with immigration enforcement except in very limited cases.
- Immigration agents (ICE, Border Patrol and other parts of the Department of Homeland Security) are federal officers. California's limits on police do not bind them.
Ask calmly: "Are you with the police or with immigration?" You can also ask for a name and badge number.
What do I do if I am stopped on foot?
- Stop. Do not run. Running can give agents a reason to detain you. Keep your hands where they can be seen.
- Ask: "Am I free to go?" If the answer is yes, walk away calmly.
- If the answer is no, say: "I am choosing to remain silent. I want to speak to a lawyer."
- Do not answer questions about where you were born, how you came to the United States or your status.
- Do not agree to a search of your pockets or bag. Say, "I do not consent to a search." Do not push or pull away.
- Do not sign anything.
- Remember details. Agency, names, badge numbers, cars, time and place.
What agents are supposed to have. Federal rules say an immigration officer may briefly stop and question you only with a reasonable suspicion, based on specific facts, that you are breaking the law or are in the country unlawfully. Courts have said that how a person looks cannot be the only reason for a stop. In the Ninth Circuit, which covers California, the court has said Hispanic appearance generally may not be used where individual suspicion is required.
Do I have to give my name or show ID?
On foot in California. In 1983 the U.S. Supreme Court struck down California's old law that made people who were stopped show "credible and reliable" ID (Kolender v. Lawson). For when you must give your name, see Do I have to tell police my name in California?. If you are unsure, ask a lawyer. You can stay silent about your status in any case.
But never lie.
- Giving a false name to a California police officer during a lawful detention or arrest is a crime.
- Falsely saying you are a U.S. citizen is a federal crime, with up to 3 years in prison. It can also make you permanently inadmissible, which can block a green card later, if the claim was made for a purpose or benefit under federal or state law.
- Showing false papers can bring criminal charges and give agents a reason to hold you.
Silence is safer than any lie.
If you have immigration papers. If you are 18 or older and the government gave you a registration document, such as a green card or a work permit, federal law requires you to carry it at all times (8 U.S.C. 1304(e)). Not carrying it is a federal misdemeanor. The law does not say whether a copy is enough. A lawyer can tell you which of your papers counts and when to show it. See What papers should I carry?
If you have no immigration papers. A foreign passport or consular ID can tell agents where you are from. Ask a legal provider ahead of time what to carry. If your passport holds an entry or parole stamp, it may be the proof you are required to carry, so ask before you leave it at home.
What if police stop my car?
- Pull over safely and turn off the engine. Keep your hands on the wheel.
- Ask: "Are you with the police or with immigration?"
- Show your license and registration if it is the police. California law says a driver must show them when a police officer asks. An AB 60 license is a valid California driver's license. Show it.
- Stay silent about status. You do not have to answer where you were born or how you came here.
- Say no to a search: "I do not consent to a search of my car." Do not physically stop them.
- If you get a ticket, deal with it on time. Do not sign any other paper about your status. Ask a lawyer first.
An AB 60 license may not be used as proof of citizenship or immigration status under state law. See Getting a driver's license without papers (AB 60). If you are driving without any license, see Can driving without a license or a traffic ticket hurt my immigration case?
What if immigration agents stop my car?
- Pull over slowly and calmly. Do not speed away.
- You can stay silent. You can break your silence to ask which agency they are with, whether you are free to go, whether they have a warrant, and to ask for a lawyer.
- California's license rule is for California peace officers. State law says federal officers are not California peace officers. What you should show federal agents depends on your papers. Ask a lawyer ahead of time.
- Say no to a search: "I do not consent to a search of my car."
- If they order you out, get out slowly. The Supreme Court has said an officer making a traffic stop may order the driver and passengers out of the car.
- Passengers have the same right to stay silent. A passenger can ask, "Am I free to go?"
The 100 mile zone. Federal law gives immigration officers extra power to board and search vehicles within a "reasonable distance" of the border, which federal rules set at up to 100 air miles. The ocean coast counts as a border. Even inside that zone, the Supreme Court has said roving patrols need reasonable suspicion to stop a car. Your right to stay silent does not change.
Can they arrest me without a warrant?
Yes, outside a home, in some cases. Federal law lets an immigration officer arrest without a warrant if the officer has reason to believe the person is in the country unlawfully and is likely to escape before a warrant can be obtained.
Fast track removal. Since January 2025, the government has used a fast process called expedited removal more widely. It can apply anywhere in the country to some people who were not admitted or paroled and cannot show they have lived in the United States for two years without a break. An officer can order removal without a hearing before a judge, unless the person says they want to apply for asylum or are afraid of persecution. A federal appeals court let the expansion go forward on June 23, 2026. The challengers asked the full court to rehear the case on July 27, 2026; no ruling has been reported.
If agents say you are in expedited removal:
- Say, "I want to speak to a lawyer."
- If true, say you have lived here two years or more.
- If true, say you are afraid to go back to your country.
What if they arrest me?
- Stay silent and ask for a lawyer.
- Do not sign anything you do not fully understand, especially papers about leaving the country.
- If you were arrested without a warrant and placed in an immigration court case, federal rules say you must be told why, told that you may have a lawyer at no cost to the government, and given a list of free legal services.
- Memorize two phone numbers: family and a lawyer.
Your family's next steps are on What to do if ICE detains someone in your family. If police arrest you on a criminal charge, see Not a citizen and arrested in California.
What mistakes should I avoid?
- Running or driving away. It can give agents a reason to detain you, and it is dangerous.
- Answering "just one question." Once you start, it is harder to stop.
- Carrying papers that tell your story, such as old foreign documents you are not required to carry.
- Arguing or touching an officer. Say you do not agree. Remember what you see. A lawyer can raise it later.
- Holding your phone while driving to film. California bans holding and using a phone while driving. Let a passenger record.
Questions people ask
Can I record the stop? Yes, if you do it safely. In California, recording an officer in a public place is not by itself a crime or a reason to detain you. Do not get in the way. See How to safely watch and record ICE activity.
What if the agents wear masks or will not show ID? California passed laws on masks and visible ID for officers, but federal courts have stopped the state from enforcing them against federal agents for now. The latest ruling was the Ninth Circuit on October 14, 2026, on the ID rule. You can still ask for a name and badge number and write down what you see.
Do I have to roll down my window all the way? Rolling it down part way is enough to talk and pass papers. You can pass a red card through the gap. See Get a free know your rights red card.
I am a U.S. citizen. Do these rights apply to me? Yes. Everyone in the United States has the right to stay silent. You do not have to prove citizenship to walk away from a stop where you are free to go.
Who can help?
Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.
- Rapid response lines, open 24/7: San Mateo County (203) 666-4472; Santa Clara County (408) 290-1144. Call if you see a stop or someone is detained.
- Community Legal Services in East Palo Alto: (650) 326-6440. Walk in Monday to Friday, 9 a.m. to 1 p.m., 1861 Bay Road.
- Bay Area Legal Aid advice line: 1-800-551-5554.
- More groups: Free legal help in the Bay Area.
Is there a card I can carry?
If I am stopped
1. Ask: "Are you with the police or with immigration?" 2. Ask: "Am I free to go?" If yes, walk away calmly. Do not run. 3. If not: "I am choosing to remain silent. I want to speak to a lawyer." 4. Search: "I do not consent to a search." 5. Papers: I will not sign anything without a lawyer.
Police car stop: show license and registration. Stay silent about status. Never: run, lie, give a false name, say I am a citizen if I am not, or show false papers.
Call: San Mateo County (203) 666-4472 · Santa Clara County (408) 290-1144 Family: ______________________ Lawyer: ______________________
From Street and Car Stops. Facts checked October 21, 2026. Free information, not legal or medical advice.
You do not have to have every answer in that moment. A few calm words and your silence are enough. Practice them tonight with your family.
Sources
- 8 CFR 287.8 (Cornell LII) checked October 21, 2026
- 8 CFR 287.1 checked October 21, 2026
- 8 CFR 287.3 (eCFR) checked October 21, 2026
- 8 U.S.C. 1357 checked October 21, 2026
- United States v. Brignoni-Ponce (1975) checked October 18, 2026
- Noem v. Vasquez Perdomo, No. 25A169 (Sept. 8, 2025) checked October 18, 2026
- Kolender v. Lawson (1983) checked October 19, 2026
- Maryland v. Wilson (1997) checked October 19, 2026
- 148.9 checked October 21, 2026
- 148 checked October 21, 2026
- 12951 checked October 21, 2026
- 23123.5 checked October 21, 2026
- 12801.9 checked October 21, 2026
- 18 U.S.C. 911 checked October 21, 2026
- 8 U.S.C. 1182(a)(6)(C)(ii) checked October 21, 2026
- 8 U.S.C. 1304(e) checked October 18, 2026
- 8 CFR 264.1 amendment, June 29, 2026 (Federal Register) checked October 18, 2026
- 8 U.S.C. 1225 (Cornell LII) checked October 19, 2026
- 90 FR 8139, expedited removal designation checked October 19, 2026
- Make the Road New York v. Mullin, No. 25-5320 (D.C. Cir. June 23, 2026) checked October 19, 2026
- United States v. California, No. 26-926 (9th Cir. Oct. 14, 2026) checked October 21, 2026
- California Attorney General release, December 17, 2024 checked October 18, 2026
- San Mateo County Rapid Response checked October 21, 2026
- CLSEPA contact checked October 21, 2026
- ILRC Know Your Rights FAQ (January 2026) checked October 18, 2026
