New IDP Resources on ICE car stops

IDP has released two new resources on the rights of drivers and passengers if ICE stops their car. Over the years, IDP has received many reports of ICE stopping cars and arresting non-citizens in New York State. We have created a Know Your Rights flyer for community members and an accompanying Practice Advisory to provide information to clients about their rights in a car and ideas on how to litigate these cases. These resources are focused on drivers and passengers in New York State but may be applicable to other states as well.

• The KYR flyer, "ICE pulled over my car! What are my rights?" addresses the rights of drivers and passengers in cars that are stopped by ICE. The flyer covers whether to show ID, consent to a search, or agree to fingerprinting. The resource includes a page that can be kept in the car to remind individuals of their rights if their car is stopped by ICE. It is currently available in English, and a Spanish translation is forthcoming.
   
• The practice advisory "Rights and Obligations of Noncitizens During an ICE Car Stop" is intended for practitioners to advise clients who are at risk of arrest by ICE during a car stop. It discusses the scope of Fourth Amendment protections for drivers and passengers, focusing on New York law and Second Circuit precedent. The advisory also identifies potential arguments to raise in a motion to suppress or terminate or in litigation based on an illegal car stop.