Can Police in IL Cite You for Not Carrying Your Green Card?

 Posted on October 30, 2025 in Immigration

Recently, a 60-year-old Chicago man (who is a lawful permanent resident) was issued a $130 ticket following a routine stop. U.S. Immigration and Customs Enforcement (ICE) agents did not detain the man, but when they discovered he was not carrying his green card, they issued a citation. This citation is based on a decades-old – but rarely enforced – provision of federal law that requires all adult non-U.S. citizen to carry their green cards at all times (8 U.S.C. Section 1304(e)).

Although the statute describes a $100 maximum fine, DHS has a "modernized" interpretation of the statute as "Noncompliance is a misdemeanor punishable by a fine of up to $5,000 or imprisonment for not more than 30 days, or both." This move by the current administration raises constitutional questions regarding how far the government can go in policing documentation.

As the federal government seeks to "reanimate" dormant portions of immigration statutes, all immigrants should carry evidence with them at all times of their lawful presence in the United States.  If you are an immigrant in Illinois who has received a ticket for failure to have your green card on your person, it is wise to speak to a knowledgeable DuPage County, IL immigration lawyer.

Can Local Illinois Law Enforcement Issue Tickets for Failure to Carry a Green Card?

Immigration enforcement falls under federal jurisdiction, and Illinois law and policy explicitly limit local officers’ role in immigration enforcement under the TRUST Act (5 ILCS 805) and the Way Forward Act (Public Act 102-0234, 2021). That said, local "obstruction," "failure to identify," or "license violations" could be misapplied by local law enforcement. Whether or not local law enforcement will cooperate with ICE task forces remains an unknown, and there could be a gray area between immigration inquiry and traffic enforcement.

What Are the Rights of Non-Citizens During an Illinois Traffic Stop?

A non-citizen who is pulled over by an Illinois state or local police officer for a traffic stop is not required to disclose immigration status. The individual may show a state ID, a passport, or a driver’s license instead of immigration papers and may decline to consent to a vehicle search. If local law enforcement notifies ICE, then federal exposure is a different matter. The state of our immigration laws is in constant flux, so it is important not to give false information or attempt to obstruct law enforcement.

What Should You Do If Cited for Failure to Carry Immigration Papers or a Green Card?

You should always carry a photocopy or digital image of your green card or other immigration documents. You should also keep your attorney's contact information with you. If you are stopped:

• Stay calm and never argue with officers.
• Do not admit to any wrongdoing.
• Do not sign any documents without first consulting an attorney.
• If arrested, do not resist, as this can result in additional charges.
• Contact an immigration attorney as soon as you are able.

Contact an Itasca, IL Immigration Attorney

If you have been ticketed or questioned in the state of Illinois for failure to have your green card with you, you may have valid defenses. State laws restrict law enforcement from enforcing federal immigration rules, and historically, federal courts have upheld that separation. Because there is no guarantee that the policy will continue, the best step you can take to protect yourself and your future is to speak to an experienced DuPage County, IL family immigration lawyer from Unzueta Law Group, P.C..

Your attorney can help you determine whether the citation can be dismissed while safeguarding your lawful status. We are a local family firm with more than two decades of experience in immigration law and will fight for you, your family, and your future. Call 630-509-2363 to schedule your initial attorney meeting. Se Habla Español.