Do I need to carry my passport in the US? A legal expert's take on what documents immigrants and citizens should have

In the first nine months of President Donald Trump’s second administration, immigration agents have detained at least 170 U.S. citizens, according to a ProPublica investigation. Several of these cases occurred in L.A. County, and about two dozen detainees said they were held for more than a day, unable to call their loved ones or a lawyer.

That reporting has sparked a joint congressional investigation into allegations of misconduct by immigration agents. Meanwhile, the Department of Homeland Security insists it is solely targeting undocumented immigrants.

“[N]o American citizens have been arrested or detained,” Secretary Kristi Noem said at a recent press briefing. “We focus on those that are here illegally, and anything that you would hear or report that would be different than that is simply not true and false reporting.”

The detention of U.S. citizens has sowed fear and confusion, as has a Supreme Court decision that allows federal officials to profile people based on their appearance.

Some U.S. citizens now are carrying their passports to go to the grocery store, to school or to work.

There are many documents citizens and noncitizens are required to have, but what documents they need to carry on their person as they make their way to and from home is another question.

LAist can’t provide legal advice, but we reached out to Lynn Damiano Pearson, senior staff attorney at the National Immigration Law Center, to get the following general guidance.

What documents am I required to carry if I’m a US citizen?

“There is no legal requirement for U.S. citizens to carry any kind of identification or documentation,” Damiano Pearson said. “Of course, if you're driving a car, you need a driver's license, but there's no legal requirement that you ever carry your passport.

“With that said, I understand why people are thinking about carrying more identification.”

In Damiano Pearson’s view, U.S. citizens should leave their passports at home, where chances of losing them are slim. They should also let family or close friends know where they keep their passports. If a citizen is detained by immigration agents, their loved one can provide authorities with proof of their citizenship.

For U.S. citizens who are particularly wary of getting stopped by immigration agents, Damiano Pearson recommends carrying a color copy of their passport, instead of relying on a photo on their phone. Giving immigration agents access to your phone “is just a bad idea,” she said.

What if I am a lawful permanent resident?

In contrast to U.S. citizens, green card holders “do need to carry that card with them and show it to immigration officials if they ask for it,” Damiano Pearson said.

Immigration agents, she added, can fine lawful permanent residents who lack documentation or even punish them with jail time.

What if I have a pending green card case?

“If you don't have an [employment authorization document] already and you're somewhere in the application process, carry a copy of the receipt from the [U.S. Citizenship and Immigration Services] showing that you have a pending application,” Damiano Pearson said.

What if I am a DACA or TPS recipient?

Anyone who has an employment authorization document, including DACA and TPS recipients, should have this document when they leave their home, Damiano Pearson said. They also are required to present it to immigration officials when asked.

What if I’m a visa holder?

“Visa gets kind of complicated because it's such a broad term,” Damiano Pearson said. For people in this category, she recommends consulting with a legal expert about their particular case.

In California, college students can access free immigration legal assistance through their respective systems:

• Community college students 
• CSU students
• UC students  

Additional free legal services also can be obtained through:

• California Department of Social Services (CDSS) 
• Immigrants Rising

What if I’m undocumented?

“Honestly, there isn't any documentation that is particularly helpful” in this situation, she said. Still, undocumented people can exercise their right to remain silent and ask to speak with an attorney.

If federal officers violate a citizen's or noncitizen’s rights, Damiano Pearson added, that person has the option of pursuing a lawsuit, as one U.S. citizen from Alabama did after being detained on the job — twice. Detentions filmed by citizen journalists also can be useful, she said, because the footage can be held up as evidence.

“Continue recording,” she advised. Make unlawful detentions “as undeniable as possible to the courts and to the general public.”