Written by Criminal Defense Attorney Christopher J. Mutimer
Washington DC is a city that’s been at the center of national politics and, more recently, a focus of heightened immigration enforcement. With the recent policies and actions taken by federal and local authorities, including the controversial executive order allowing police to notify ICE about undocumented immigrants encountered during traffic stops, residents and visitors need to understand their rights and how to handle interactions with ICE.
As Washington DC trial attorneys and Federal criminal defense lawyers, Monument Legal wants to provide you with clear guidance about what to do if you are stopped or questioned by ICE. Given the current state of affairs in DC, where the city’s policies are shifting and cooperation between police and ICE is increasing, it’s vital to know your rights and how to protect yourself in these situations.
Recently, Washington Metropolitan Police Chief Pamela Smith issued an executive order that allows officers making traffic stops to notify federal ICE agents about individuals they encounter who may be undocumented. According to NBC News, this policy marks a significant departure from previous DC law enforcement practices and signals a closer cooperation with ICE despite the city’s reputation for being a “sanctuary city.”
While Mayor Muriel Bowser emphasizes that DC is not officially a sanctuary city, her policies have historically limited cooperation with federal immigration authorities. Still, the recent executive order and the deployment of federal law enforcement—including ICE officers—reflect an increased enforcement posture, particularly since President Trump’s announcement of deploying 800 National Guard troops and federal agents into the city under the pretenses of combating alleged rising crime, which data shows has been at its lowest in decades.
This convergence of federal and local law enforcement means residents should be especially cautious and prepared when interacting with authorities.
The policy shift and increased cooperation between police and ICE mean that even routine traffic stops, or encounters unrelated to criminal activity, could lead to immigration enforcement actions. If you’re undocumented or have concerns about your immigration status, understanding your rights and what you should do if you’re stopped is crucial to protect yourself and your family.
If you find yourself stopped, questioned, or approached by ICE in Washington DC, here are 5 essential steps to protect your rights:
Remain calm and respectful during the encounter. Do not yell or argue with officers, as this can escalate the situation unnecessarily. Keeping your composure helps you remain in control and can prevent the situation from worsening.
You have a right to know whether you are being detained or if you are free to go. You can ask, “Am I being detained?” or “Am I free to leave?” If they say you are free to go, calmly walk away. If you are detained, you have the right to ask why.
You are not required to consent to a search of your person, vehicle, or belongings. You also have the right to remain silent regarding your immigration status. You can say, “I choose to remain silent,” or “I would like to speak to an attorney first.” Do not volunteer information about your immigration status or other personal details.
If asked for your ID, provide it calmly (such as your driver’s license or state ID if applicable). You aren’t required to carry identification if you are walking, but providing a non-immigration-related ID (e.g., a driver’s license) is advisable when involved in traffic stops. If you are detained, ask if you are under arrest and request and await an official warrant if applicable.
If ICE agents say you are under arrest, do not resist. Remain silent and request to speak with an attorney before answering any questions or signing any documents. As your lawyer, I can help you understand your options and protect your rights.
You have the right to remain silent during any police or ICE questioning. You do not have to answer questions about your immigration status.
You have the right to refuse searches of your belongings or vehicle unless the officers have
If you or someone you know has been arrested or detained by ICE in Washington DC, it is essential to act quickly. The legal landscape is rapidly changing, and having an experienced criminal defense lawyer on your side can make all the difference. At Monument Legal, our team of dedicated Washington DC trial attorneys specializes in immigration defense and criminal law. We are here to protect your rights and fight for a fair resolution.