Do you have to give ICE your ID in SC if they ask? Here’s what the law says
If an ICE agent were to stop you abruptly in a public area and ask for your identification, do you know if you have the option to refuse?
There is a cloud of confusion regarding what ICE can and can’t do, after months of heavy ICE operations across the United States since President Donald Trump took office.
The deaths of two U.S. citizens in Minnesota last month by federal immigration agents created more uncertainty about the scope of their power, after which nationwide protests soon ensued.
According to a statement from the American Immigration Council, pedestrian stops by ICE agents have also become increasingly routine when they had previously not been a significant part of immigration enforcement.
“ICE and CBP often conduct these stops in ways that make it hard for the people being questioned to assert their legal right to walk away,” the statement said.
So if you’re a U.S. citizen and get asked to hand over your ID, what are you allowed to do?
What should you do in SC if you’re stopped by ICE?
A U.S. citizen has no obligation to produce evidence of their citizenship if requested on the street.
However, that doesn’t mean you shouldn’t carry proof with you. ICE agents have attempted to arrest U.S. citizens for obstruction after refusing to show ID.
“ICE agents can stop you and ask for your ID, but you can refuse,” said Wolfgang Buchmaier, an immigration lawyer based in Columbia. “I wouldn’t do it, but you can refuse to give them the ID.”
Buchmaier added that refusal to show ID could lead agents to arrest you based on a reasonable suspicion that you are an illegal alien.
What if you’re pulled over?
The NAACP, a human rights group, says that you don’t have to show your identification or proof of citizenship to agents, with the sole exception when you’re behind the wheel. When you are driving, you are required to show your driver’s license, registration and proof of insurance.
These are the tips the NAACP has additionally provided in case you get stopped by immigration officers:
- You have the right to remain silent
- Remain calm and don’t run away
- If arrested, request a lawyer
- Do not sign anything without an attorney present
- You have the right to record the interaction, but only if you’re not interfering with the agent’s work
- If you are a U.S. citizen, tell the agents so. If they decide to continue the arrest, you have grounds for a federal civil rights lawsuit
- Don’t provide fake documentation
Where to find free or low-cost legal representation
The American Immigration Council says immigrants can find low- to no-cost legal representation if they look carefully.
- The National Qualified Representative Program (NQRP): This program provides counsel to detained immigrants with serious mental disorders
- The Office of Refugee Resettlement (ORR): They offer some legal services to certain populations
If you’re an immigrant and need additional resources, go to the National Immigrant Justice Center’s website or the ACLU’s website.