Any Minnesota lawyers have answers on this?

cross-posted from !law_us@lemmy.sdf.org.

From the linked PDF:

Give the officers my ID?
If the ICE officer demands your ID, only show a driver’s license or another ID issued from the U.S. government. DON’T give the officer any false or foreign documents such as a passport, consular ID, or an expired visa.

In NY, the DRIVER must show any officer a driver’s license. If you are the PASSENGER, you do NOT have to show the officer an ID or give any personal information, including your name, address, or place of birth.

This seems off.

My understanding: in the US, nationals need not carry ID (while immigrants must carry their docs). Exceptionally, if you are driving a car, then the state requires you to carry your driver’s license. The DL is the property of the state. The fed does not issue driver’s licenses.

There is no such thing as a US federal driver’s license. The quote above refers to “ID issued from the U.S. government,” that would be a passport. A passport is not going to be carried daily inside the issuing country.

Traffic enforcement is not in the jurisdiction of federal ICE agents, is it? Can they really demand your driver’s license under this kind of false pretense of ensuring that drivers are permitted to drive when in fact the real reason they want to see the DL is to snoop on citizenship?

There are some interstate highways that traverse state borders. Does it make a difference whether or not someone is driving on one?

And what about cyclists? If you are cycling and happen incidentally to be carrying a driver’s license (which is not needed to cycle), must you produce it on demand?

It’s bizarre how that doc singles out New York. How does it differ from other states?

what the ACLU says

The ACLU has some advice:

https://www.acluva.org/know-your-rights/stopped-by-police-or-ice/

This is also a bit imprecise. Of course drivers must show their DL to “police”, but what about ICE? They just leave that up in the air.

    • activistPnk@slrpnk.netOPEnglish
      21·
      2 天前

      Aww, sweety, don’t you know written statutes, compliance, and enforcement are all different things?

      When this disappears, you can tell all your friends at school that there is “no law any more[sic]” (just like your parent told you), and become popular at your school. Until then, please run along and play with your friends. This conversation is for grown ups.

  • Ascrod@midwest.socialEnglish
    3·
    2 天前

    I’m questioning if even showing your DL to lawless thugs like ICE is a good idea. They could just take it from you, and then you’d have no ID.

    • activistPnk@slrpnk.netOPEnglish
      2·
      2 天前

      Whether it’s a good idea to present the DL to ICE depends on whether there is a legal obligation to do so – hence the question about jurisdiction.

      If you legally must present a state DL on-demand to feds, then it’s a question of consequences. Refusing to present your DL to a local cop who pulls you over could probably lead to legit confiscation (effectively, loss of driving privs). If the feds take your DL and it’s unlawful, then the confiscation has no legal effect because you are still licensed to drive. You would just have the inconvenience of reporting a stolen ID to the DMV and waiting for a replacement.

      One legal theory I would like answered is if you can refuse the DL to feds, then would they have to call a local cop to demand your DL by proxy in the scenario of following a legal procedure? This could be interesting because local cops may not be happy to respond to such calls.