Traffic Stop Rights for Immigrants in the U.S. (2026)
Independently fact-checked against primary sources (last audited September 26, 2026). · 40 primary sources cited on this page. How we verify our legal content
As of September 25, 2026, if police pull you over in the United States, the driver has to show a license when asked: state traffic laws require it, including those of California, Florida, Illinois and Texas. You do not have to answer questions about your immigration status or where you were born, but you should never lie or show false documents. That can bring criminal charges and serious immigration consequences.
The U.S. Supreme Court has set clear rules for traffic stops: why police can stop you, how long the stop can last, when they can order you out of the car, and what rights passengers have. This page explains those rules, the state laws on giving your name, the federal requirement to carry proof of registration, and the split between states that limit local police on immigration and states that require them to work with ICE.
This page covers U.S. federal law and examples of state law on traffic stops by state or local police. It does not cover checkpoints at the border or at ports of entry. It is general information and not a substitute for advice from a lawyer or an accredited representative about your situation.
Why police can stop you and how long the stop can last
The Fourth Amendment protects against unreasonable searches and seizures. The Supreme Court has applied that rule to traffic stops in several cases.
The reason for the stop. In Whren v. United States, 517 U.S. 806 (1996), the Court said that, as a general matter, stopping a car is reasonable when police have probable cause to believe a traffic violation occurred. The Court added that the officer's subjective intentions play no role in that Fourth Amendment analysis, and that the constitutional basis for objecting to intentionally discriminatory enforcement is the Equal Protection Clause.
No random stops to check licenses. In Delaware v. Prouse, 440 U.S. 648 (1979), the Court held that stopping a car just to check the driver's license and the vehicle's registration, without articulable and reasonable suspicion, violates the Fourth Amendment. The same decision said states may develop other spot-check methods that are less intrusive or that do not involve the unconstrained discretion of each officer.
How long it can last. In Rodriguez v. United States, 575 U.S. 348 (2015), the Court held that a stop lasting longer than the time needed to handle the matter that justified it violates the Constitution. The officer's mission includes the ordinary checks of a stop: the driver's license, outstanding warrants, the vehicle's registration and proof of insurance. The officer may run unrelated checks, but may not extend the stop to do so without reasonable suspicion.
Immigration status and the length of the stop. In Arizona v. United States, 567 U.S. 387 (2012), the Court reviewed Arizona's SB 1070. It wrote that "detaining individuals solely to verify their immigration status would raise constitutional concerns." It also noted that, as a general rule, it is not a crime for a removable noncitizen to remain in the United States.
What documents the driver must show
The duty to show a license comes from each state's law, not from the Constitution. Some examples:
| State | Law | What it requires |
|---|---|---|
| California | Cal. Veh. Code § 12951 | Carry a valid license while driving and present it when an officer enforcing the vehicle code asks. |
| Florida | Fla. Stat. § 322.15(1) | Carry the license while driving and present it when an officer asks. A digital license is allowed, but if the officer cannot immediately check it and asks, the printed license must be shown. |
| Illinois | 625 ILCS 5/6-112 | Carry the license or permit while driving and display it when asked by an officer in uniform or displaying a badge or other sign of authority. |
| Montana | Mont. Code Ann. § 46-5-401 | During a lawful stop, the officer may demand the driver's license, the vehicle's registration and proof of insurance. In a stop for a motor vehicle violation (Title 61), the officer must tell the person the reason as promptly as possible, unless there is an emergency or a safety risk. Since 2025, subsection (3) of the same section also addresses immigration status (see the section on name laws below). |
| Texas | Tex. Transp. Code § 521.025 | Carry the license while driving and display it when an officer asks. A first offense is a misdemeanor with a fine of up to $200. |
Texas also has a rule aimed at drivers. Under Texas Penal Code § 38.02(b-1), a driver who is lawfully detained, does not show a license when asked, and intentionally refuses to give a name, driver's license number, address or date of birth commits an offense.
If you have no license, or you drive with a license issued without proof of lawful presence, the consequences depend on the state. Some states treat certain out-of-state licenses as invalid inside their borders. Those issues are covered in our guide to driver's licenses for undocumented immigrants.
The federal requirement to carry proof of registration
Federal law has a separate rule. Under 8 U.S.C. § 1304(e), every noncitizen 18 or older must carry at all times any certificate of alien registration or alien registration receipt card issued to them. Failing to do so is a misdemeanor, for each offense. The statute names a fine of up to $100, up to 30 days in jail, or both, but the general federal fines law, 18 U.S.C. § 3571(b)(6), allows a fine of up to $5,000 for a Class B or C misdemeanor, and a 30-day maximum makes this a Class C misdemeanor under 18 U.S.C. § 3559(a)(8). USCIS states the penalty as a fine of up to $5,000, up to 30 days in jail, or both.
Permanent residents are included. The USCIS page on the registration requirement says lawful permanent residents are already registered, so they do not need to apply to register (except a permanent resident who turns 14, who must re-register). They still have to carry the document: 8 CFR 264.1(b) lists the Permanent Resident Card (Form I-551) as evidence of registration. USCIS also says evidence of registration can be carried on a mobile device, such as Form I-94 or the USCIS proof of Form G-325R registration, and that registration is not an immigration status and does not give work authorization or any other benefit.
The separate duty to register. Carrying a document and registering are different obligations. Under 8 U.S.C. § 1302, a noncitizen 14 or older who has not been registered and fingerprinted and who remains in the United States for 30 days or longer must apply for registration and fingerprinting before those 30 days end, and parents or legal guardians must apply for children under 14. USCIS says this includes people present without admission or parole. Willfully failing to register is a misdemeanor under 8 U.S.C. § 1306(a): the statute names a fine of up to $1,000, up to six months in jail, or both, and USCIS states the fine as up to $5,000.
On June 29, 2026, DHS published a final rule (91 FR 39248), effective the same day, that adopts as final its March 2025 interim rule creating a general registration form (Form G-325R) and adjusts the lists of forms and processes that count as registration and as evidence of registration. Whether registering applies to a particular person, and what it could mean for them, is a question for an immigration attorney or accredited representative; free and low-cost options are listed under "Where to get help" below.
This rule does not require you to answer questions. They are two separate things: the law requires you to carry the document you were issued, and the Fifth Amendment lets you decline to be a witness against yourself.
Do you have to get out of the car?
Yes, if the officer orders you to. In Pennsylvania v. Mimms, 434 U.S. 106 (1977), the Court held that once a vehicle has been lawfully detained for a traffic violation, police may order the driver out without violating the Fourth Amendment.
In Maryland v. Wilson, 519 U.S. 408 (1997), the Court extended that rule to passengers: an officer may order them out of the car pending completion of the stop. In that case, the Court did not decide whether an officer may forcibly detain a passenger for the entire stop.
Getting out of the car when ordered does not mean you agree to a search or give up your right to stay silent.
Passengers have rights too
In Brendlin v. California, 551 U.S. 249 (2007), the Court held that when police stop a car, a passenger is seized for Fourth Amendment purposes as well. That means a passenger can challenge the legality of the stop, just like the driver.
The duty to show a license belongs to the driver. Whether a passenger must give a name depends on state law and the circumstances. That is the subject of the next section.
Laws that let officers ask for or demand your name (stop-and-identify)
Some states have laws that let an officer ask for or demand the name of a person the officer stops on reasonable suspicion of a crime. In Hiibel v. Sixth Judicial District Court, 542 U.S. 177 (2004), the Supreme Court upheld Nevada's law in a case where the stop was based on reasonable suspicion. As the Court read it, that law required only a name, not a driver's license or any other document.
The Court also said that, in that case, giving a name presented no reasonable danger of self-incrimination, and it left open the situation where giving one's identity could supply a link needed to convict the person of a separate offense.
The table summarizes the text of the laws of 16 states. Several of them only say what the officer may ask for and do not say, in the same section, what happens if you refuse.
| State | Law | When it applies | What the officer may ask for |
|---|---|---|---|
| Arizona | Ariz. Rev. Stat. § 13-2412 | Lawful detention on reasonable suspicion of a crime, after being told that refusing is unlawful | Your true full name. You cannot be compelled to answer any other question. Refusing is a class 2 misdemeanor. |
| Colorado | Colo. Rev. Stat. § 16-3-103(1) | Reasonable suspicion of a crime | Name, address, identification if available, and an explanation. The officer cannot require your Social Security number. |
| Florida | Fla. Stat. § 856.021 | Only within the offense of loitering or prowling | Refusing to identify yourself is one circumstance that may be considered. Before an arrest, the officer must give you a chance to identify yourself and explain your presence. |
| Illinois | 725 ILCS 5/107-14(a) | Reasonable suspicion of an offense, in a public place | Name, address and an explanation. |
| Kansas | Kan. Stat. Ann. § 22-2402(1) | Reasonable suspicion of a crime, in a public place | Name, address and an explanation. |
| Louisiana | La. Code Crim. Proc. art. 215.1(A) | Reasonable suspicion of an offense, in a public place | Name, address and an explanation. |
| Montana | Mont. Code Ann. § 46-5-401(2)(a) | Lawful stop on particularized suspicion of an offense | Name, address and an explanation. From a driver, also the license, registration and proof of insurance. Since 2025, the officer may also try to determine immigration status upon reasonable suspicion and when practicable (subsection (3), quoted below). |
| Nebraska | Neb. Rev. Stat. § 29-829 | Reasonable suspicion of a crime, in a public place | Name, address and an explanation. |
| Nevada | Nev. Rev. Stat. § 171.123 | Circumstances that reasonably indicate a crime or civil infraction, or a parole or probation violation | Your identity: you must identify yourself, but cannot be compelled to answer any other question. The detention cannot last longer than 60 minutes. |
| New Hampshire | N.H. Rev. Stat. § 594:2 | Reason to suspect a crime | May request name and address, but may not arrest you based solely on your refusal to give them. |
| New York | N.Y. Crim. Proc. Law § 140.50(1) | Reasonable suspicion of a felony or a Penal Law misdemeanor | Name, address and an explanation. |
| North Dakota | N.D. Cent. Code § 29-29-21 | Only certain offenses: felonies, weapons, burglary or unlawful entry, and drugs | Name, address and an explanation. |
| Rhode Island | R.I. Gen. Laws § 12-7-1 | Reason to suspect a crime | Name, address, what you are doing there (the statute says "business abroad") and where you are going. If you do not identify yourself, you can be held longer, up to 2 hours in total, and the detention is not recorded as an arrest. |
| Texas | Tex. Penal Code § 38.02 | After a lawful arrest (refusing is an offense); during a lawful detention (lying is an offense); a detained driver who does not show a license | Name, address and date of birth. From a driver who does not show a license, also the license number. |
| Utah | Utah Code § 77-7-15 | Reasonable suspicion of a public offense, in a public place | Name, address, date of birth and an explanation. |
| Wisconsin | Wis. Stat. § 968.24 | Reasonable suspicion of a crime, in a public place | Name, address and an explanation. |
In 2004, the Supreme Court also cited laws of this kind in Alabama, Arkansas, Delaware, Georgia, Missouri, New Mexico and Vermont. Those states were not individually reviewed for this table. If a state is not listed here, that does not mean it has no similar law.
Arizona's stop-and-identify law, § 13-2412, says expressly that a person must state their true full name but cannot be compelled to answer any other question.
Some state laws do address immigration status at a stop. Montana's goes beyond identity: a 2025 amendment added subsection (3) to Mont. Code Ann. § 46-5-401, which says: "A peace officer who has lawfully stopped a person or vehicle under this section may make a reasonable attempt, upon reasonable suspicion and when practicable, to determine the immigration status of the person, except if the determination may hinder or obstruct an investigation. The peace officer shall make a report to a federal immigration agency as defined in 27-16-801 if a person stopped under this section is not lawfully present in the United States."
Arizona also has a separate law on this. Ariz. Rev. Stat. § 11-1051(B) says that in any lawful stop, detention or arrest made to enforce a state or local law, where reasonable suspicion exists that the person is an alien and is unlawfully present in the United States, "a reasonable attempt shall be made, when practicable, to determine the immigration status of the person, except if the determination may hinder or obstruct an investigation."
Do you have to answer questions about your immigration status or where you were born?
No. The Fifth Amendment says no person shall be compelled in any criminal case to be a witness against himself. In Berkemer v. McCarty, 468 U.S. 420 (1984), the Court explained that during a brief investigative stop the officer may ask a moderate number of questions, "but the detainee is not obliged to respond."
The same decision has a practical consequence: an ordinary traffic stop is not custody, so the officer does not have to read you your rights (the Miranda warnings) before asking questions. In that case, the Court held that what the driver said before his arrest could be used against him. If you are later treated in a way that amounts to custody, the Miranda protections apply.
Say out loud that you are staying silent. In Salinas v. Texas, 570 U.S. 178 (2013), three justices (a plurality, not a majority) wrote that a person who wants the Fifth Amendment's protection must expressly invoke it. In that case, the man was voluntarily answering police questions without being in custody, and his silence in response to one question was used against him. A simple sentence is enough: "I prefer not to answer questions. I want to remain silent."
Staying silent about your status does not relieve you of what state law requires: the driver still has to show a license, and under some of the laws in the table above you may have to give your name.
Never lie or show false documents
Declining to answer and lying have very different consequences:
- Falsely claiming to be a U.S. citizen. Under 8 U.S.C. § 1182(a)(6)(C)(ii), a noncitizen who falsely claims to be a citizen for any purpose or benefit under federal or state law is inadmissible. The statute has a very narrow exception.
- False immigration documents. Under 18 U.S.C. § 1546(a), it is a federal crime to use, attempt to use or possess an immigration document such as a visa, permit or registration card knowing that it is forged, altered or falsely made, or that it was obtained through a false claim or statement.
- Giving a false name. It can be a crime under state law. In Texas, for example, § 38.02(b) makes it an offense to give a false name, address or date of birth to an officer who has lawfully detained or arrested you.
Vehicle searches: consent and probable cause
The officer may ask for permission to search your car. You can say you do not consent.
In Schneckloth v. Bustamonte, 412 U.S. 218 (1973), the Court explained that consent must be voluntary, and that knowing you can refuse is one factor, but the government does not have to prove you knew it.
Refusing does not always prevent a search. Under California v. Acevedo, 500 U.S. 565 (1991), police may search a car and the containers in it when they have probable cause to believe it holds contraband or evidence. If the officer searches anyway, do not physically resist. Say you do not consent, and let a lawyer review later whether the search was lawful.
Local police, 287(g) agreements and state laws
In general, state and local police enforce traffic and criminal laws. A federal statute, 8 U.S.C. § 1357(g), lets the federal government sign written agreements with a state or locality so that certain trained officers can perform functions of an immigration officer, to the extent consistent with state and local law. These are known as 287(g) agreements. The same statute says no agreement is needed for a local officer to communicate with the federal government about a person's immigration status.
ICE's 287(g) program page describes three models. The Task Force Model lets designated officers enforce limited immigration authority while performing routine police duties. As of September 25, 2026, ICE reported 2,589 agreements covering 39 states and 2 territories, including 1,841 under the Task Force Model. The same page publishes the list of participating agencies.
State laws pull in opposite directions:
- States that limit their police. In California, Government Code § 7284.6 bars law enforcement agencies from using their resources for immigration enforcement, including asking about a person's immigration status or acting as immigration officers under 287(g). In Illinois, the TRUST Act (5 ILCS 805/15) bars stopping or searching a person based solely on citizenship or immigration status, and bars asking about the immigration status or place of birth of anyone stopped or detained, with exceptions such as those tied to firearms laws. In Washington, RCW 10.93.160(4) bars state and local police from asking about immigration or citizenship status or place of birth unless it is connected to an investigation of a state or local crime.
- States that require cooperation. In Texas, Government Code § 752.053 bars local entities from preventing their officers from asking about the immigration status of a person under lawful detention or arrest. Texas S.B. 8 (2025) added Government Code § 753.051, under which the sheriff of each county that operates a jail, or contracts with a private vendor to operate one, "shall request and enter into" a 287(g) or similar agreement with ICE; the law took effect January 1, 2026, and gives those sheriffs until December 1, 2026 to comply. In Florida, § 908.11 requires each sheriff or county jail chief to sign a 287(g) agreement with ICE. In Montana, § 46-5-401(3), amended in 2025, lets an officer who has lawfully stopped a person try to determine their immigration status upon reasonable suspicion and when practicable, and requires a report to a federal immigration agency if the person is not lawfully present. ICE names Georgia and Florida among the states that have passed or are considering laws requiring their law enforcement agencies to seek or sign these agreements.
These are examples, not a complete list. Laws and agreements change often. In Arizona's case, the Supreme Court in 2012 did not block the part of SB 1070 that requires officers to try to verify immigration status in some stops (Ariz. Rev. Stat. § 11-1051(B), quoted above), and it left room for other challenges based on how the law is applied.
Recording the stop
The rules for recording police depend on where you are, what kind of recording you make and what you do while recording. If you plan to record, first read our guides on the right to film federal law enforcement and how to record ICE agents. In Turner v. Driver, 848 F.3d 678 (5th Cir. 2017), a federal court of appeals held that "a First Amendment right to record the police does exist, subject only to reasonable time, place, and manner restrictions," and said it agreed with every circuit that had ruled on the question. The Supreme Court has not decided the issue. The rules on recording conversations vary by state; they are in our guide to United States recording laws.
As a safety measure, keep your hands visible, say so before you reach for your phone, and do not interfere with the officer's work.
What to do during a traffic stop
These steps summarize the rules above. They do not guarantee any outcome.
- Pull over in a safe place, turn off the engine and keep your hands on the wheel.
- If you are driving, show your license, registration and proof of insurance when asked. Say what you are doing before you reach for them.
- If you have a federal registration document, such as a green card, carry it. 8 U.S.C. § 1304(e) requires it for noncitizens 18 and older who were issued one.
- Do not answer questions about your status, where you were born or how you entered the country if you do not want to. Say you prefer to remain silent.
- Do not lie and do not show false documents.
- If you are asked for permission to search the car, you can say no. Do not physically resist if they search anyway.
- If you are ordered out of the car, comply. You can calmly ask: "Am I being detained, or am I free to go?"
- If you do not understand something, say so and ask for an explanation.
- Afterward, write down the officer's name and badge number, the patrol car, the time and the place.
Where to get help
- Free or low-cost legal help. EOIR publishes a list of pro bono legal service providers, organized by state, and the recognized organization and accredited representative rosters.
- Complaints about police. The Justice Department's Civil Rights Division takes reports about police mistreatment, excessive force, and searches or arrests under false pretenses, including racial discrimination, at civilrights.justice.gov.
- Other guides in this section. See our immigrant rights section, including the guide on what to do if ICE comes to your door.
Disclaimer: This page provides general information about U.S. law as of September 2026 and is not legal advice. State laws and 287(g) agreements change often. If you face charges or immigration proceedings, talk to a lawyer or an accredited representative.
Frequently Asked Questions
Do I have to show my license if police pull me over?
Yes, if you are the driver. State laws require you to carry a license while driving and show it when an officer asks; for example, California Vehicle Code § 12951 and Texas Transportation Code § 521.025.
Do I have to tell police my immigration status or where I was born?
No. The Fifth Amendment lets you decline to be a witness against yourself, and in Berkemer v. McCarty the Supreme Court said a person briefly detained is not obliged to respond. If you choose to stay silent, say so out loud. Never lie or show false documents.
Can local police ask about my immigration status?
It depends on the state. Illinois and Washington bar their police from asking about immigration status or place of birth, with certain exceptions, and California bars using police resources for that purpose. Texas, by contrast, bars local entities from preventing their officers from asking about the status of a person under lawful detention or arrest. Montana's stop law, amended in 2025, lets an officer who has lawfully stopped a person try to determine their immigration status upon reasonable suspicion and when practicable, and an Arizona law requires a reasonable attempt to determine status when there is reasonable suspicion that the person is unlawfully present.
Do passengers have to show ID?
The duty to show a license belongs to the driver. In Brendlin v. California the Supreme Court held that a passenger is also seized and can challenge the stop. Whether a passenger must give a name depends on state law: some states let officers demand a name when there is reasonable suspicion of a crime.
Can police order me out of the car?
Yes. In Pennsylvania v. Mimms the Supreme Court allowed it for the driver of a lawfully stopped car, and in Maryland v. Wilson for passengers. Getting out of the car does not mean you agree to a search.
Can I refuse to let police search my car?
Yes, you can say you do not consent. But under California v. Acevedo police can search the car without your permission if they have probable cause to believe it holds contraband or evidence. Do not physically resist.
How long can a traffic stop last?
Only as long as needed to handle the violation and run the ordinary checks, such as the license, registration, insurance and outstanding warrants. Under Rodriguez v. United States, the officer cannot extend it for other investigations without reasonable suspicion.
Do I have to carry my immigration documents?
Under 8 U.S.C. § 1304(e), noncitizens 18 and older must carry at all times the registration document they were issued. For a permanent resident, that includes the green card. Not carrying it is a misdemeanor. USCIS says certain evidence of registration can be carried on a phone. Registration is not an immigration status, and registering is a separate duty; an immigration attorney or accredited representative can explain how it applies.
What is a 287(g) agreement?
It is a written agreement between ICE and a state or local agency, authorized by 8 U.S.C. § 1357(g), that lets designated local officers perform certain functions of an immigration officer. As of September 25, 2026, ICE reported 2,589 agreements covering 39 states and 2 territories. Florida requires its sheriffs to sign one, and Texas requires the sheriff of each county that runs a jail to request and enter into one.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Arizona Revised Statutes, Title 11 (Counties), Chapter 7 (INTERGOVERNMENTAL OPERATIONS), Article 8 (Enforcement of Immigration Laws)
§ 11-1051Cooperation and assistance in enforcement of immigration laws; indemnificationIn force
A. No official or agency of this state or a county, city, town or other political subdivision of this state may limit or restrict the enforcement of federal immigration laws to less than the full extent permitted by federal law. B. For any lawful stop, detention or arrest made by a law enforcement official or a law enforcement agency of this state or a law enforcement official or a law enforcement agency of a county, city, town or other political subdivision of this state in the enforcement of any other law or ordinance of a county, city or town or this state where reasonable suspicion exists that the person is an alien and is unlawfully present in the United States, a reasonable attempt shall be made, when practicable, to determine the immigration status of the person, except if the determination may hinder or obstruct an investigation. Any person who is arrested shall have the person's immigration status determined before the person is released. The person's immigration status shall be verified with the federal government pursuant to 8 United States Code section 1373(c). A law enforcement official or agency of this state or a county, city, town or other political subdivision…
Official text (excerpt) · last checked 2026-08-04 · Read the full text in our law library · Verify at azleg.gov
Cited in 19 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Green (Court of Appeals of Arizona 2018, 431 P.3d 599)“…s pursuant to Senate Bill 1070 and department policy. See A.R.S. § 11-1051. ¶ 3 The check revealed no immigratio…”
- Montelongo-Morales v. Driscoll (Court of Appeals of Arizona 2020)“…ral agencies regarding the enforcement of immigration laws. A.R.S. § 11-1051(B), (F).…”
- Arizona v. United States (Supreme Court of the United States 2012, 567 U.S. 387)“…an alien and is unlawfully present in the United States.” Ariz. Rev. Stat. Ann. §11-1051 (B) (West 2012). Section 3 provides t…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Arizona Revised Statutes, Title 13 (Criminal Code), Chapter 24 (OBSTRUCTION OF PUBLIC ADMINISTRATION)
§ 13-2412Refusing to provide truthful name when lawfully detained; classificationIn forcecited in 2 of our articles
A. It is unlawful for a person, after being advised that the person’s refusal to answer is unlawful, to fail or refuse to state the person's true full name on request of a peace officer who has lawfully detained the person based on reasonable suspicion that the person has committed, is committing or is about to commit a crime. A person detained under this section shall state the person's true full name, but shall not be compelled to answer any other inquiry of a peace officer. B. A person who violates this section is guilty of a class 2 misdemeanor.
Official text (excerpt) · last checked 2026-08-04 · Read the full text in our law library · Verify at azleg.gov
Cited in 9 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Price (Court of Appeals of Arizona 2016)“…Decision of the Court name was valid. See Ariz. Rev. Stat. § 13-2412(A) (“It is unlawful for a person, after…”
- State v. Roman (Court of Appeals of Arizona 2022)“…th. Police arrested Roman for refusing to provide his name. A.R.S. § 13-2412(A). ¶3 Officers searched Ro…”
- State v. Fittz (Court of Appeals of Arizona 2018)“…tate [their] true full name on request of a peace officer.” A.R.S. § 13-2412(A). If there is probable cause for an a…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Arizona Laws on Recording Police: Your Rights After HB 2319
California Government Code
§ 7284.6In force
(a) California law enforcement agencies shall not: (1) Use agency or department moneys or personnel to investigate, interrogate, detain, detect, or arrest persons for immigration enforcement purposes, including any of the following: (A) Inquiring into an individual’s immigration status. (B) Detaining an individual on the basis of a hold request. (C) Providing information regarding a person’s release date or responding to requests for notification by providing release dates or other information unless that information is available to the public, or is in response to a notification request from immigration authorities in accordance with Section 7282.5. Responses are never required, but are permitted under this subdivision, provided that they do not violate any local law or policy. (D) Providing personal information, as defined in Section 1798.3 of the Civil Code, about an individual, including, but not limited to, the individual’s home address or work address unless that information is available to the public. (E) Making or intentionally participating in arrests based on civil immigration warrants.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2021
Opinions citing this section in our collection:
- People v. Lopez (California Court of Appeal 2021)“…immigration officer under title 8 U.S.C. section 1357(g). (Gov. Code, § 7284.6, subd. (a)(3).) SB 54 also limited the…”
- City of Huntington Beach v. Becerra (California Court of Appeal 2020)“…cities are exempt from compliance with one part of the CVA, Government Code section 7284.6 (section 7284.6), on the ground it infr…”
- City & Cnty. of S.F. v. Sessions (District Court, N.D. California 2018, 349 F. Supp. 3d 924)“…ess the information was already publicly available. See Cal. Gov. Code § 7284.6 (a)(1)(D). That said, the Values Act…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
California Vehicle Code
§ 12951In force
(a) The licensee shall have the valid driver’s license issued to him or her in his or her immediate possession at all times when driving a motor vehicle upon a highway. Any charge under this subdivision shall be dismissed when the person charged produces in court a driver’s license duly issued to that person and valid at the time of his or her arrest, except that upon a third or subsequent charge the court in its discretion may dismiss the charge. When a temporary, interim, or duplicate driver’s license is produced in court, the charge shall not be dismissed unless the court has been furnished proof by the Department of Motor Vehicles that the temporary, interim, or duplicate license was issued prior to the arrest, that the driving privilege and license had not been suspended or revoked, and that the person was eligible for the temporary, interim, or duplicate license. (b) The driver of a motor vehicle shall present his or her license for examination upon demand of a peace officer enforcing the provisions of this code.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 43 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- People v. Arturo D. (California Supreme Court 2002, 115 Cal. Rptr. 2d 581)“…c infraction is unable to present a valid driver's license (Veh.Code, § 12951, subd. (b)) [1] or proof of registrati…”
- People v. Chardon (California Court of Appeal 1999, 91 Cal. Rptr. 2d 438)“…failing to have a valid driver’s license in her possession (Veh. Code, § 12951) and failing to have registration infor…”
- People v. Webster (California Supreme Court 1991, 54 Cal. 3d 411)“…ntrol for examination upon demand of any peace officer." Vehicle Code, section 12951, subdivision (b), provides: "The driver…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Florida Statutes
§ 322.15License to be carried and exhibited on demand; fingerprint to be imprinted upon a citation.In force
(1) Every licensee shall have his or her driver license, which must be fully legible with no portion of such license faded, altered, mutilated, or defaced, in his or her immediate possession at all times when operating a motor vehicle and shall present or submit the same upon the demand of a law enforcement officer or an authorized representative of the department. A licensee may present or submit a digital proof of driver license as provided in s. 322.032 in lieu of his or her printed driver license; however, if the law enforcement officer or authorized representative of the department is unable to immediately verify the digital proof of driver license, upon the demand of the law enforcement officer or authorized representative of the department, the licensee must present or submit his or her printed driver license.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 8 court opinions in our collectionLatest citing opinion in our collection: 2009
Opinions citing this section in our collection:
- State v. Gustafson (Supreme Court of Florida 1972, 258 So. 2d 1)“…concur. ERVIN and McCAIN, JJ., dissent. NOTES [1] Fla. Stat. § 322.15 , F.S.A. [2] Fla. Stat. § 398.01 e…”
- City of Miami v. Aronovitz (Supreme Court of Florida 1959, 114 So. 2d 784)“…part of the statute which generated the instant dispute is Section 322.15, Florida Statutes, F.S.A., which reads as follows: "Eve…”
- State v. Baez (Supreme Court of Florida 2004, 894 So. 2d 115)“…one's "immediate possession" is a traffic infraction under section 322.15, Florida Statutes (2003). Thus, under all the circumstanc…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 856.021Loitering or prowling; penalty.In force
(1) It is unlawful for any person to loiter or prowl in a place, at a time or in a manner not usual for law-abiding individuals, under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity. (2) Among the circumstances which may be considered in determining whether such alarm or immediate concern is warranted is the fact that the person takes flight upon appearance of a law enforcement officer, refuses to identify himself or herself, or manifestly endeavors to conceal himself or herself or any object. Unless flight by the person or other circumstance makes it impracticable, a law enforcement officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by requesting the person to identify himself or herself and explain his or her presence and conduct.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 127 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- State v. Ecker (Supreme Court of Florida 1975, 311 So. 2d 104)“…the constitutionality of this state's "loitering" statute, Section 856.021, Florida Statutes (1973). Four cases have been consolidat…”
- State v. Cortez (District Court of Appeal of Florida 1998, 705 So. 2d 676)“…ced under arrest for loitering and prowling in violation of section 856.021, Florida Statutes (1995). Detective Garcia was sent to…”
- Watts v. State (Supreme Court of Florida 1985, 10 Fla. L. Weekly 70)“…ly declared valid Florida's loitering and prowling statute, section 856.021, Florida Statutes (1981). [1] We have jurisdiction. Art.…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Kansas Statutes Annotated, Chapter 22: CRIMINAL PROCEDURE
§ 22-2402Stopping of suspect.In force
(1) Without making an arrest, a law enforcement officer may stop any person in a public place whom such officer reasonably suspects is committing, has committed or is about to commit a crime and may demand of the name, address of such suspect and an explanation of such suspect's actions. (2) When a law enforcement officer has stopped a person for questioning pursuant to this section and reasonably suspects that such officer's personal safety requires it, such officer may frisk such person for firearms or other dangerous weapons. If the law enforcement officer finds a firearm or weapon, or other thing, the possession of which may be a crime or evidence of crime, such officer may take and keep it until the completion of the questioning, at which time such officer shall either return it, if lawfully possessed, or arrest such person.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
Cited in 240 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Thompson (Supreme Court of Kansas 2007, 284 Kan. 763)“…1, 18 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968), and K.S.A. 22-2402); public safety stops; and arrests. St…”
- Martin v. Kansas Department of Revenue (Supreme Court of Kansas 2008, 285 Kan. 625)“…ion and § 15 of the Kansas Constitution Bill of Rights. See K.S.A. 22-2402(1); Terry v. Ohio, 392 U.S. 1 , 2…”
- State v. Marx (Supreme Court of Kansas 2009, 289 Kan. 657)“…irst circumstance, based on Terry v. Ohio and codified in K.S.A. 22-2402(1), arises where the officer knows of s…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Montana Code Annotated, Title 46
§ 46-5-401Investigative Stop And FriskIn force
46-5-401. Investigative stop and frisk. (1) In order to obtain or verify an account of the person's presence or conduct or to determine whether to arrest the person, a peace officer may stop any person or vehicle that is observed in circumstances that create a particularized suspicion that the person or occupant of the vehicle has committed, is committing, or is about to commit an offense. If the stop is for a violation under Title 61, unless emergency circumstances exist or the officer has reasonable cause to fear for the officer's own safety or for the public's safety, the officer shall as promptly as possible inform the person of the reason for the stop.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
Cited in 108 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Hulse v. State, Department of Justice (Montana Supreme Court 1998, 289 Mont. 1)“…is the equivalent of particularized suspicion as defined in § 46-5-401, MCA. Seyferth v. State (1996), 277 Mont. 37…”
- State v. Martinez (Montana Supreme Court 2003, 2003 MT 65)“…ommitted, is committing, or is about to commit an offense. Section 46-5-401, MCA 723 NJhether particularized suspici…”
- State v. Reynolds (Montana Supreme Court 1995, 272 Mont. 46)“…zed suspicion to justify an investigatory stop pursuant to § 46-5-401, MCA. In 1991, the Legislatur…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Nebraska Revised Statutes, Chapter 29: CRIMINAL PROCEDURE
§ 29-829Stop and search of person for dangerous weapon; when authorized; peace officer, definedIn force
A peace officer may stop any person in a public place whom he reasonably suspects of committing, who has committed, or who is about to commit a crime and may demand of him his name, address and an explanation of his actions. When a peace officer has stopped a person for questioning pursuant to this section and reasonably suspects he is in danger of life or limb, he may search such person for a dangerous weapon. If the peace officer finds such a weapon or any other thing the possession of which may constitute a crime, he may take and keep it until the completion of questioning, at which time he shall either return it, if lawfully possessed, or arrest such person. For purposes of this section, peace officer shall include credentialed conservation officers of the Game and Parks Commission.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at nebraskalegislature.gov
Cited in 18 court opinions in our collectionLatest citing opinion in our collection: 2017
Opinions citing this section in our collection:
- State v. Van Ackeren (Nebraska Supreme Court 1993, 242 Neb. 479)“…igative stops are statutorily authorized in Nebraska under Neb. Rev. Stat. § 29-829 (Reissue 1989), which states in part:…”
- State v. Tingle (Nebraska Supreme Court 1991, 239 Neb. 558)“…ally, specific statutory reliance for the stop was made on Neb. Rev. Stat. § 29-829 (Reissue 1989), which provides in part…”
- State v. Ege (Nebraska Supreme Court 1988, 227 Neb. 824)“…bberson, 209 Neb. 41 , 305 N.W.2d 904 (1981); Neb. Rev. Stat. § 29-829 (Reissue 1985). An investigatory stop…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
New York Criminal Procedure Law
§ 140.50Temporary questioning of persons in public places; search for weaponsIn force
Temporary questioning of persons in public places; search for weapons. 1. In addition to the authority provided by this article for making an arrest without a warrant, a police officer may stop a person in a public place located within the geographical area of such officer's employment when he reasonably suspects that such person is committing, has committed or is about to commit either (a) a felony or (b) a misdemeanor defined in the penal law, and may demand of him his name, address and an explanation of his conduct. 2. Any person who is a peace officer and who provides security services for any court of the unified court system may stop a person in or about the courthouse to which he is assigned when he reasonably suspects that such person is committing, has committed or is about to commit either (a) a felony or (b) a misdemeanor defined in the penal law, and may demand of him his name, address and an explanation of his conduct. 3.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 13 court opinions in our collectionLatest citing opinion in our collection: 2021
Opinions citing this section in our collection:
- People v. McIntosh (New York Court of Appeals 2001, 96 N.Y.2d 521)“…re, a stop based on reasonable suspicion in accordance with Criminal Procedure Law § 140.50 (1) and an arrest based on reasonable c…”
- People v. Dread (Appellate Division of the Supreme Court of the State of New York 1975, 49 A.D.2d 401)“…er existed before the enactment of section 180-a [source of Criminal Procedure Law § 140.50] (People v Rivera, 14 NY2d 441 , c…”
- People v. Coleman (Appellate Division of the Supreme Court of the State of New York 1993, 191 A.D.2d 390)“…n of the accused’s Federal and State Constitutional rights (Criminal Procedure Law Section 140.50).’ ” (Supra, at 311 [Rosenberger, J.,…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Utah Code, Title 77: Criminal Procedure
§ 77-7-15Authority of peace officer to stop and question suspect -- Grounds.In force
A peace officer may stop any individual in a public place when the officer has a reasonable suspicion to believe the individual has committed or is in the act of committing or is attempting to commit a public offense and may demand the individual's name, address, date of birth, and an explanation of the individual's actions.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Cited in 45 court opinions in our collectionLatest citing opinion in our collection: 2020
Opinions citing this section in our collection:
- State v. Sery (Court of Appeals of Utah 1988, 87 Utah Adv. Rep. 32)“…Ed.2d 607 (1975), and has been codified in this state in Utah Code Ann. § 77-7-15 (1982). [7] A temporary detention o…”
- State v. Sims (Court of Appeals of Utah 1991, 156 Utah Adv. Rep. 8)“…onduct investigatory operations, it does not apply here. Utah Code Ann. § 77-7-15 (1990) allows a peace officer to “stop…”
- American Fork City v. Pena-Flores (Utah Supreme Court 2002, 463 Utah Adv. Rep. 50)“…61 L.Ed.2d 357 (1979). Consistent with this ruling, Utah Code section 77-7-15 permits a police officer to demand iden…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Revised Code of Washington
§ 10.93.160Immigration and citizenship status—Law enforcement agency restrictions.In forcecited in 2 of our articles
(1) The definitions contained in RCW 43.17.420 apply to this section. (2) The legislature finds that it is not the primary purpose of state and local law enforcement agencies or school resource officers to enforce civil federal immigration law. The legislature further finds that the immigration status of an individual or an individual's presence in, entry, or reentry to, or employment in the United States alone, is not a matter for police action, and that United States federal immigration authority has primary jurisdiction for enforcement of the provisions of Title 8 U.S.C. dealing with illegal entry. (3) School resource officers, when acting in their official capacity as a school resource officer, may not: (a) Inquire into or collect information about an individual's immigration or citizenship status, or place of birth; or (b) Provide information pursuant to notification requests from federal immigration authorities for the purposes of civil immigration enforcement, except as required by law.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at app.leg.wa.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Personal Restraint Petition Of: Michael Vasiliy Kolesnik (Court of Appeals of Washington 2024)“…as the Department points out, Kolesnik’s argument ignores RCW 10.93.160(10), a separate provision of the KWWA,…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Washington License Plate Reader Laws (2026)
Wisconsin Statutes, Chapter 968: Commencement Of Criminal Proceedings
§ 968.24Temporary questioning without arrest.In force
After having identified himself or herself as a law enforcement officer, a law enforcement officer may stop a person in a public place for a reasonable period of time when the officer reasonably suspects that such person is committing, is about to commit or has committed a crime, and may demand the name and address of the person and an explanation of the person’s conduct. Such detention and temporary questioning shall be conducted in the vicinity where the person was stopped. 968.24 Note
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 37 court opinions in our collectionLatest citing opinion in our collection: 2021
Opinions citing this section in our collection:
- State v. Post (Wisconsin Supreme Court 2007, 301 Wis. 2d 1)“…(1972). The Wisconsin legislature codified the standard in Wis. Stat. § 968.24 (2005-06). [3] In interpreting § 968.2…”
- State v. Waldner (Wisconsin Supreme Court 1996, 206 Wis. 2d 51)“…tutional standard established in Terry in Wis. Stat. § 968.24 (1993-94), cited in full below.…”
- County of Jefferson v. Renz (Wisconsin Supreme Court 1999, 231 Wis. 2d 293)“…that a person has committed or is about to commit a crime, Wis. Stat. 968.24, [11] or reasonably suspects that a pe…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Code of Federal Regulations Title 8
§ 264.1Registration and fingerprinting.In forcecited in 2 of our articles
(a) Prescribed registration forms. The following forms are prescribed as registration forms: Form No. and Class G-325R, Biographic Information (Registration), or its successor form. I-94/94A/94W, Arrival-Departure Record—Aliens admitted as nonimmigrants; aliens paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act; aliens lawfully admitted to the United States for permanent residence who have not been registered previously; aliens who are granted permission to depart without the institution of deportation or removal proceedings or against whom deportation or removal proceedings are being instituted. I-95, Crewmen's Landing Permit—Crewmen arriving by vessel or aircraft. I-181, Memorandum of Creation of Record of Lawful Permanent Residence—Aliens born to an alien lawfully admitted for permanent residence during a temporary visit abroad admitted without a visa under 8 CFR 211.1(b). I-485, Application to Register Permanent Residence or Adjust Status, or its predecessor or successor form—Applicants under sections 245 and 249 of the Immigration and Nationality Act as amended, and section 13 of the Act of September 11, 1957.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at ecfr.gov
Cited in 41 court opinions in our collectionLatest citing opinion in our collection: 2018
Opinions citing this section in our collection:
- Mohammed Nasir Khan v. Attorney General of the United States (Court of Appeals for the Third Circuit 2006, 448 F.3d 226)“…ertain Non-immigrants, 67 Fed.Reg. 52,584 (Aug. 12, 2002); 8 C.F.R. § 264.1 (f) (2002). 2 . Em…”
- Tampubolon v. Holder (Court of Appeals for the Ninth Circuit 2010, 610 F.3d 1056)“…ajah v. Mukasey, 544 F.3d 427, 433 (2d Cir. 2008); see also 8 C.F.R. § 264.1(f)(4) (2003) (enabling regulation for t…”
- United States v. Luis Sanchez, Luz Alvarez, Luis Torres Maldonado, Carlos Delgado and Juana Dominguez (Court of Appeals for the Second Circuit 1980, 635 F.2d 47)“…1-221, which for him constitutes evidence of registration. 8 C.F.R. § 264.1 (b). Form 1-221 bears the following leg…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Is a Matrícula Consular Valid ID in the U.S.? (2026)
United States Code Title 18
§ 1546Fraud and misuse of visas, permits, and other documentsIn forcecited in 2 of our articles
Whoever knowingly forges, counterfeits, alters, or falsely makes any immigrant or nonimmigrant visa, permit, border crossing card, alien registration receipt card, or other document prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the United States, or utters, uses, attempts to use, possesses, obtains, accepts, or receives any such visa, permit, border crossing card, alien registration receipt card, or other document prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the United States, knowing it to be forged, counterfeited, altered, or falsely made, or to have been procured by means of any false claim or statement, or to have been otherwise procured by fraud or unlawfully obtained; orWhoever, except under direction of the Attorney General or the Commissioner of the Immigration and Naturalization Service, or other proper officer, knowingly possesses any blank permit, or engraves, sells, brings into the United States, or has in his control or possession any plate in the likeness of a plate designed for the printing of permits, or makes any print, photograph, or impression in the…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 904 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Bizzie Walters v. Todd McMahen (Court of Appeals for the Fourth Circuit 2012, 684 F.3d 435)“…plaint alleged that the hiring clerks individually violated 18 U.S.C. § 1546, which estab- lishes as a criminal offe…”
- Flores-Figueroa v. United States (Supreme Court of the United States 2009, 556 U.S. 646)“…n, 8 U. S. C. §1325(a), and misusing immigration documents, 18 U. S. C. §1546(a). And it charged him with aggravated…”
- United States v. Posada-Rios (Court of Appeals for the Fifth Circuit 1998, 158 F.3d 832)“…e statement on a visa application in violation of 18 U.S.C. § 1546(a) . . . . . . . . . . . .…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Wage Theft in the U.S.: Your Rights Regardless of Immigration Status
§ 3559Sentencing classification of offensesIn force
An offense that is not specifically classified by a letter grade in the section defining it, is classified if the maximum term of imprisonment authorized is— life imprisonment, or if the maximum penalty is death, as a Class A felony; twenty-five years or more, as a Class B felony; less than twenty-five years but ten or more years, as a Class C felony; less than ten years but five or more years, as a Class D felony; less than five years but more than one year, as a Class E felony; one year or less but more than six months, as a Class A misdemeanor; six months or less but more than thirty days, as a Class B misdemeanor; thirty days or less but more than five days, as a Class C misdemeanor; or five days or less, or if no imprisonment is authorized, as an infraction. Except as provided in subsection (c), an offense classified under subsection (a) carries all the incidents assigned to the applicable letter designation, except that the maximum term of imprisonment is the term authorized by the law describing the offense.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 1,732 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Ewing v. California (Supreme Court of the United States 2003, 538 U.S. 11)“…triggering crime is crime of "violence" or drug related); 18 U. S. C. § 3559 (c) (grand theft not among triggering o…”
- United States v. Richard Junior Frazier (Court of Appeals for the Eleventh Circuit 2004, 387 F.3d 1244)“…t parole, pursuant to the federal “three-strikes” statute, 18 U.S.C. § 3559 (c). 13 Frazier timely appealed on Aug…”
- Lopez v. Gonzales (Supreme Court of the United States 2006, 549 U.S. 47)“…demeanors (that is, by one year’s imprisonment or less, cf. 18 U. S. C. §3559(a)), see 21 U. S. C. §844(a) (providing…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 3571Sentence of fineIn forcecited in 5 of our articles
A defendant who has been found guilty of an offense may be sentenced to pay a fine. Except as provided in subsection (e) of this section, an individual who has been found guilty of an offense may be fined not more than the greatest of— the amount specified in the law setting forth the offense; the applicable amount under subsection (d) of this section; for a felony, not more than $250,000; for a misdemeanor resulting in death, not more than $250,000; for a Class A misdemeanor that does not result in death, not more than $100,000; for a Class B or C misdemeanor that does not result in death, not more than $5,000; or for an infraction, not more than $5,000.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 400 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Southern Union Co. v. United States (Supreme Court of the United States 2012, 567 U.S. 343)“…at. Ann. §13:1E–99.89(f) (West Supp. 2012). 4 See, e.g., 18 U. S. C. §3571(d) (fine “not more than the greater of…”
- United States v. McNair (Court of Appeals for the Eleventh Circuit 2010, 605 F.3d 1152)“…ts or retirement. In calculating Swann’s fine under 18 U.S.C. § 3571(d),118 the PSI stated the “gross loss”…”
- United States v. Coplan (Court of Appeals for the Second Circuit 2012, 703 F.3d 46)“…ne greater than the default statutory máximums provided by 18 U.S.C. § 3571 (d). Id. at 175 (“[I]t is the clear…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: How to File a DMCA Takedown on AWS (2026 Guide), How to File a DMCA Takedown on Wikipedia (2026 Guide), What Does a Criminal Fine Mean, and Who Paid the Largest One in US History?
United States Code Title 8
§ 1182Inadmissible aliensIn forcecited in 3 of our articles
Except as otherwise provided in this chapter, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States: Any alien— who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to have a communicable disease of public health significance; 1 So in original. The semicolon probably should be a comma. except as provided in subparagraph (C), who seeks admission as an immigrant, or who seeks adjustment of status to the status of an alien lawfully admitted for permanent residence, and who has failed to present documentation of having received vaccination against vaccine-preventable diseases, which shall include at least the following diseases: mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B, and any other vaccinations against vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices, who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services in consultation with the Attorney General)— to have a physical or mental…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 12,482 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Zadvydas v. Davis (Supreme Court of the United States 2001, 533 U.S. 678)“…Attorney General's authority to parole illegal aliens, see 8 U. S. C. § 1182(d)(5)(A), and there he committed multip…”
- Immigration & Naturalization Service v. St. Cyr (Supreme Court of the United States 2001, 533 U.S. 289)“…dable aliens. See id., at 187. That proviso, codified at 8 U. S. C. § 1182 (c), stated: "Aliens lawfully admitte…”
- Jennings v. Rodriguez (Supreme Court of the United States 2018, 583 U.S. 281)“…ever, “shall not be regarded as an admission of the alien.” 8 U. S. C. §1182(d)(5)(A). Instead, when the purpose of…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Is There a Felony in Canada? Indictable, Summary, and Hybrid Offences Explained
§ 1302Registration of aliensIn force
It shall be the duty of every alien now or hereafter in the United States, who (1) is fourteen years of age or older, (2) has not been registered and fingerprinted under section 1201(b) of this title or section 30 or 31 of the Alien Registration Act, 1940, and (3) remains in the United States for thirty days or longer, to apply for registration and to be fingerprinted before the expiration of such thirty days. It shall be the duty of every parent or legal guardian of any alien now or hereafter in the United States, who (1) is less than fourteen years of age, (2) has not been registered under section 1201(b) of this title or section 30 or 31 of the Alien Registration Act, 1940, and (3) remains in the United States for thirty days or longer, to apply for the registration of such alien before the expiration of such thirty days. Whenever any alien attains his fourteenth birthday in the United States he shall, within thirty days thereafter, apply in person for registration and to be fingerprinted.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 45 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Immigration & Naturalization Service v. Lopez-Mendoza (Supreme Court of the United States 1984, 468 U.S. 1032)“…or remaining unlawfully in this country is itself a crime. 8 U. S. C. §§ 1302 ,1306, 1325. The deportation hearing lo…”
- Rajah v. Mukasey (Court of Appeals for the Second Circuit 2008, 544 F.3d 427)“…oes not insulate the petitioners from its reach. Title 8 U.S.C. § 1302 is part of the same subchapter as…”
- Akins v. Saxbe (District Court, D. Maine 1974, 380 F. Supp. 1210)“…lien registration and notification requirements of the Act, 8 U. S.C. §§ 1302(a), 1305, 1306, if they wish to remain…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 1304Forms for registration and fingerprintingIn forcecited in 3 of our articles
The Attorney General and the Secretary of State jointly are authorized and directed to prepare forms for the registration of aliens under section 1301 of this title, and the Attorney General is authorized and directed to prepare forms for the registration and fingerprinting of aliens under section 1302 of this title. Such forms shall contain inquiries with respect to (1) the date and place of entry of the alien into the United States; (2) activities in which he has been and intends to be engaged; (3) the length of time he expects to remain in the United States; (4) the police and criminal record, if any, of such alien; and (5) such additional matters as may be prescribed. All registration and fingerprint records made under the provisions of this subchapter shall be confidential, and shall be made available only (1) pursuant to section 1357(f)(2) of this title, and (2) to such persons or agencies as may be designated by the Attorney General. Every person required to apply for the registration of himself or another under this subchapter shall submit under oath the information required for such registration.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 112 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Arizona v. United States (Supreme Court of the United States 2012, 567 U.S. 387)“…udes a requirement that aliens carry proof of registration. 8 U. S. C. §1304(e). Other aspects, however, have stayed…”
- United States v. Alberto Ritter (Court of Appeals for the Ninth Circuit 1985, 752 F.2d 435)“…the packages. He was then formally arrested for violating 8 U.S.C. § 1304 (e), by willfully failing to carry his…”
- United States v. State of Alabama (Court of Appeals for the Eleventh Circuit 2012, 691 F.3d 1269)“…s section 10 when he or she is found to be in violation of 8 U.S.C. §§ 1304(e) or 8 U.S.C. § 1306(a), the…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: What to Do If ICE Comes to Your Door: Know Your Rights (2026 Guide)
§ 1306PenaltiesIn force
Any alien required to apply for registration and to be fingerprinted in the United States who willfully fails or refuses to make such application or to be fingerprinted, and any parent or legal guardian required to apply for the registration of any alien who willfully fails or refuses to file application for the registration of such alien shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not to exceed $1,000 or be imprisoned not more than six months, or both. Any alien or any parent or legal guardian in the United States of any alien who fails to give written notice to the Attorney General, as required by section 1305 of this title, shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not to exceed $200 or be imprisoned not more than thirty days, or both.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 51 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- United States v. Campos-Serrano (Supreme Court of the United States 1971, 404 U.S. 293)“…rmits, the Congress chose to deal with them separately. In 8 U. S. C. § 1306 (c) and § 1306 (d), it specifically pr…”
- Martinez-Medina v. Holder (Court of Appeals for the Ninth Circuit 2010, 673 F.3d 1029)“…the United States when required to do so is a crime, see 8 U.S.C. § 1306 (a), and other criminal statutes may be…”
- United States v. Arizona (Court of Appeals for the Ninth Circuit 2011, 641 F.3d 339)“…nge of address, fraudulent statements, and counterfeiting. 8 U.S.C. § 1306 (a)-(d). These provisions include no me…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 1357Powers of immigration officers and employeesIn force
Any officer or employee of the Service authorized under regulations prescribed by the Attorney General shall have power without warrant— to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States; to arrest any alien who in his presence or view is entering or attempting to enter the United States in violation of any law or regulation made in pursuance of law regulating the admission, exclusion, expulsion, or removal of aliens, or to arrest any alien in the United States, if he has reason to believe that the alien so arrested is in the United States in violation of any such law or regulation and is likely to escape before a warrant can be obtained for his arrest, but the alien arrested shall be taken without unnecessary delay for examination before an officer of the Service having authority to examine aliens as to their right to enter or remain in the United States; within a reasonable distance from any external boundary of the United States, to board and search for aliens any vessel within the territorial waters of the United States and any railway car, aircraft, conveyance, or vehicle, and within a distance of twenty-five…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 667 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- United States v. Brignoni-Ponce (Supreme Court of the United States 1975, 422 U.S. 873)“…ection 287 (a) (1) of the Immigration and Nationality Act, 8 U. S. C. § 1357 (a) (1), authorizes any officer or emp…”
- Reno v. Flores (Supreme Court of the United States 1993, 507 U.S. 292)“…and is likely to escape before a warrant can be obtained," 8 U. S. C. § 1357 (a)(2). Arrested aliens are almost alwa…”
- Immigration & Naturalization Service v. Delgado (Supreme Court of the United States 1984, 466 U.S. 210)“…to be or remain in the United States, see 66 Stat. 233 , 8 U. S. C. § 1357 (a)(1), it further held that under the…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- Whren v. United States, 517 U.S. 806 (1996)(courtlistener.com)
- Delaware v. Prouse, 440 U.S. 648 (1979)(courtlistener.com)
- Rodriguez v. United States, 575 U.S. 348 (2015)(courtlistener.com)
- Arizona v. United States, 567 U.S. 387 (2012)(courtlistener.com)
- Pennsylvania v. Mimms, 434 U.S. 106 (1977)(courtlistener.com)
- Maryland v. Wilson, 519 U.S. 408 (1997)(courtlistener.com)
- Brendlin v. California, 551 U.S. 249 (2007)(courtlistener.com)
- Hiibel v. Sixth Judicial District Court, 542 U.S. 177 (2004)(courtlistener.com)
- Berkemer v. McCarty, 468 U.S. 420 (1984)(courtlistener.com)
- Salinas v. Texas, 570 U.S. 178 (2013)(courtlistener.com)
- Schneckloth v. Bustamonte, 412 U.S. 218 (1973)(tile.loc.gov).gov
- California v. Acevedo, 500 U.S. 565 (1991)(courtlistener.com)
- Turner v. Driver, 848 F.3d 678 (5th Cir. 2017)(courtlistener.com)
- U.S. Bill of Rights, Fourth and Fifth Amendments (National Archives)(archives.gov).gov
- 8 U.S.C. § 1304(e) (duty to carry registration document)(govinfo.gov).gov
- 18 U.S.C. § 3571 (sentence of fine)(govinfo.gov).gov
- 18 U.S.C. § 3559 (sentencing classification of offenses)(govinfo.gov).gov
- 8 CFR 264.1 (registration forms and evidence of registration)(ecfr.gov).gov
- 8 U.S.C. § 1302 (registration of aliens)(govinfo.gov).gov
- 8 U.S.C. § 1306 (penalties for failure to register)(govinfo.gov).gov
- USCIS: Alien Registration Requirement(uscis.gov).gov
- DHS final rule: Alien Registration Form and Evidence of Registration, 91 FR 39248 (June 29, 2026)(federalregister.gov).gov
- 8 U.S.C. § 1182(a)(6)(C)(ii) (false claim to citizenship)(govinfo.gov).gov
- 18 U.S.C. § 1546 (fraud and misuse of immigration documents)(govinfo.gov).gov
- 8 U.S.C. § 1357(g) (287(g) agreements)(govinfo.gov).gov
- ICE: 287(g) program and participating agencies(ice.gov).gov
- California Vehicle Code § 12951(leginfo.legislature.ca.gov).gov
- Florida Statutes § 322.15(leg.state.fl.us)
- 625 ILCS 5/6-112 (Illinois)(ilga.gov).gov
- Texas Transportation Code chapter 521 (§ 521.025)(tcss.legis.texas.gov).gov
- Texas Penal Code chapter 38 (§ 38.02)(tcss.legis.texas.gov).gov
- Arizona Revised Statutes § 13-2412(azleg.gov).gov
- Arizona Revised Statutes § 11-1051(azleg.gov).gov
- Colorado Revised Statutes title 16 (§ 16-3-103)(olls.info)
- North Dakota Century Code chapter 29-29 (§ 29-29-21)(ndlegis.gov).gov
- Florida Statutes § 856.021(leg.state.fl.us)
- 725 ILCS 5/107-14 (Illinois)(ilga.gov).gov
- Kansas Statutes § 22-2402(ksrevisor.gov).gov
- Louisiana Code of Criminal Procedure art. 215.1(legis.la.gov).gov
- Montana Code Annotated § 46-5-401(mca.legmt.gov).gov
- Nebraska Revised Statutes § 29-829(nebraskalegislature.gov).gov
- Nevada Revised Statutes § 171.123(leg.state.nv.us).gov
- New York Criminal Procedure Law § 140.50(nysenate.gov).gov
- New Hampshire RSA 594:2(gc.nh.gov).gov
- Rhode Island General Laws § 12-7-1(webserver.rilegislature.gov).gov
- Utah Code § 77-7-15(le.utah.gov).gov
- Wisconsin Statutes § 968.24(docs.legis.wisconsin.gov).gov
- California Government Code § 7284.6(leginfo.legislature.ca.gov).gov
- Illinois TRUST Act, 5 ILCS 805/15(ilga.gov).gov
- RCW 10.93.160 (Washington)(app.leg.wa.gov).gov
- Texas Government Code chapter 752 (§ 752.053)(tcss.legis.texas.gov).gov
- Texas S.B. 8 (89th Legislature, 2025), adding Government Code chapter 753 (§ 753.051)(capitol.texas.gov).gov
- Florida Statutes § 908.11(leg.state.fl.us)
- EOIR: List of Pro Bono Legal Service Providers(justice.gov).gov
- EOIR: Recognition and Accreditation Roster Reports(justice.gov).gov
- U.S. Department of Justice Civil Rights Division: report a violation(civilrights.justice.gov).gov