U.S. Immigration and Customs Enforcement has ordered its officers not to chase vehicles that fail to pull over, and to conduct vehicle stops only if they have completed specific training, according to a September 30 memo obtained by The Associated Press. The memo, signed by Marcos D. Charles, executive associate director of ICE’s Enforcement and Removal Operations division, replaces earlier directives issued this year, last year and in 2018.
What the vehicle stop guidance requires
- No chases. Officers are not authorized to chase vehicles that fail to pull over under any circumstances. They are told to take down the vehicle’s information for further investigation.
- Training. Only officers who have completed one of the specified agency training courses can conduct vehicle stops. Officers without it can take part only in a support capacity as passengers, not as drivers.
- Equipment. Vehicles used for stops must have lights and sirens that identify them as law enforcement vehicles. All officers at the scene of a stop must wear and activate body cameras.
- Special tactics. Officers can still use pinning, which means using a vehicle or physical barrier to trap or stop a car, and spike strips, but only if they are trained.
Why ICE issued new vehicle stop rules
The AP reported that ICE-initiated vehicle stops have repeatedly escalated when drivers refused to cooperate or tried to flee. ICE agents have fired their guns in more than a dozen such encounters since last year, killing at least four people and wounding several others.
After fatal shootings of drivers in Maine and Texas in July, ICE officers were told to pause most vehicle stops. The next day, President Donald Trump directed the agency to continue them.
The memo is dated the same day as courtroom testimony in Austin about a September stop, pursuit and shooting that wounded a delivery driver. According to the AP, the testimony showed the officer who fired was not wearing a body camera, and the other officer turned his camera off during the pursuit. The driver faces federal assault charges, which his attorneys have called retaliation.
ICE’s response
In a statement, ICE said its leadership occasionally issues guidance reminders and that “Vehicle stops and arrests of illegal aliens continue.” The AP reported the new memo is meant to improve safety for officers, drivers, passengers and the public.
Vehicle stops have also been tested in court. See our report on a federal judge rejecting a bid to halt Tennessee’s joint ICE traffic stops.