"The revelations show that DPS has been working to a greater extent than many knew to help federal agents deport immigrants. ICE Officers Must Have Reasonable Suspicion to Stop a Vehicle. The names of individuals involved in these enforcement actions are included in the list, regardless of race/ethnicity/sex etc. "ICE also declined a phone interview to discuss how many names have been turned over, how many people have been investigated, how many cases have led to deportations and whether state highway patrols do similar collaborations. The agency sent a statement, saying, "There is a standing request from ICE to provide them a statewide listing of DPS enforcement of DWI (Driving While Intoxicated) and No Driver License offenses. How are you going to find criminals by looking for people who don’t have a license? "The news elicited swift criticism from immigrant advocates in the state.“This is part of the immigration agenda that the governor and lieutenant governor in Texas are embracing. A spokesperson for DPS did not return a request from NBC News to discuss the name sharing. When ICE officers reasonably suspect that a vehicle contains undocumented immigrants, they can briefly stop the vehicle to investigate the circumstances that raised their suspicion. ... ICE can conclude that the legal process is … The agency issued a statement saying it works in partnership with federal and state agencies to enforce immigration law and enhance public safety "by removing criminal aliens from the streets. "This is all being done under our noses," Diaz said of the ticket sharing and Texas SB4 law. A traffic violation could mean a call from ICE for some in Texas "It’s about Governor Abbott wanting to be part of Trump’s deportation machine,” said civil rights advocate Mary Moreno. Once a vehicle is stopped, ICE officers may briefly question its occupants about their immigration status if there is reasonable suspicion to suspect they are undocumented. However, officers can only conduct a search of the vehicle when there is probable cause. Lastly, if ICE officers decide to question someone who is a non-citizen, this person possesses the right to remain silent and does not have to answer questions regarding his immigration status.In order to stop a vehicle, ICE officers must reasonably suspect that the vehicle contains undocumented immigrants. Importantly, the officer’s suspicions must be based upon specific, objective facts besides the occupants’ physical appearance.The COVID-19 pandemic is incredibly fluid and requiring government agencies, businesses, and employers to respond to and prepare for circumstances that are uncharted and rapidly changing.Following is a more detailed analysis of these standards.Downey Brand defended Sierra Pacific Industries in seven lawsuits arising from the Moonlight Fire. “What they (DPS) do is they generate a list and they forward it to us to investigate all the names that are there,” Esquivel said in court, according to the Express-News. “What we do, we want records checks on every name that’s there.”"These lists have been provided by Highway Patrol since August 2016 on a monthly basis. A draft policy issued by Immigration and Customs Enforcement (ICE) says that agency Chief John Morton intends to prohibit his agents as well as local law enforcement officers from detaining illegal aliens stopped during traffic violations. She filed a motion to suppress all evidence against her client. Collectively, these lawsuits sought over a billion dollars in damages, costs and fees.In the last several months there has been an increase in the number of reports throughout California that officers of the U.S. Immigration and Customs Enforcement (“ICE”) have been stopping vehicles containing agricultural workers. After these initial stops, workers are being questioned and made to show documentation of their legal status. Significantly, many workers have reported that these stops appear to be based exclusively on their ethnicity. In light of these reports, this publication provides a brief overview of the legal standards that govern ICE Officers and the respective legal rights of a vehicle’s occupants.Although ICE officers may rely upon their judgment and experience when deciding whether to stop a vehicle, they do not have unlimited discretion. Instead, they must have reasonable suspicion—based upon specific facts—that indicates a vehicle may contain undocumented immigrants. Importantly, ICE officers cannot justify stopping the vehicle based upon the occupants’ appearance alone.Once a vehicle is stopped, officers may briefly question its occupants about their immigration status if the officers reasonably suspect they are not legally in the United States. Officers, however, can only conduct a search of the vehicle when there is probable cause. In other words, in order to legally conduct a search, there must be a fair probability that it will uncover contraband or evidence relating to a crime.© 2020 Downey Brand LLP All Rights Reserved.Significantly, non-citizens generally have the same rights as U.S. citizens when they are stopped and questioned by law enforcement. Therefore, when ICE officers question someone who is a non-citizen, this person has the right to remain silent. Specifically, he does not have to answer questions regarding his immigration status, including whether or not he is a U.S. citizen. In addition, he does not have to consent to a search of his vehicle.This is a complex area of the law. Agricultural employers and their workers should consider consulting with a knowledgeable immigration attorney for a more comprehensive discussion of these standards.Several different factors help determine whether officers have a reasonable suspicion to stop a vehicle. Usually one suspicious factor by itself will not justify stopping a vehicle. However, when there are several suspicious factors present at once, this will bolster an officer’s claim of reasonable suspicion.