President Trump has been reshaping immigration policy in significant ways since assuming his second term in office. Statistics show that migrant communities are increasingly concerned about their safety and future within the United States, with many reporting lifestyle changes such as foregoing healthcare services, delaying job searches, or limiting activities outside the home.
While research suggests that immigrants – including those without legal status – are less likely to commit crimes than native-born Americans, the Trump administration has campaigned on targeting immigrants with criminal records. In practice, the data shows that through the middle of 2025, 4.5% of people detained by ICE had convictions for “nonviolent vice crimes.”
For immigrants concerned about having a criminal record, New York City has specific laws and policies that are not considered violent or major crimes, but could still result in a ticket or summons. An unpaid ticket, or failure to appear in court for a summons appearance, can snowball into a warrant for arrest, which could then potentially complicate an immigrant’s legal standing.
Here are some lesser-known NYC infractions for people who want to eliminate any potential run-ins with law enforcement.
Having an Open Container of Alcohol in a Car or on the Street
Section 1277 of New York’s Vehicle and Traffic Law prohibits the consumption or possession of alcoholic beverages in motor vehicles. While it is illegal to drink and drive in every U.S. state, New York drivers should also not have open containers of alcohol in their car while driving, whether the drink belongs to them or to anyone in any passenger seat.
With the legalization of marijuana at the state level and the increasing number of legal dispensaries, it is important to note that the rule also applies to cannabis-infused beverages. Neither drivers nor passengers are allowed to have an open container of a cannabis-infused drink while on public highways or right-of-way public highways. Any vehicle operator or passenger found violating this rule will be guilty of a traffic infraction.
This rule does not apply to vehicles designed to carry 10 or more passengers, or used to transport people for profit.
In addition, New York laws do not allow people to consume alcoholic beverages in public spaces unless they are at a block party or another designated event that has obtained a permit.
If cited for an open container violation, an individual should respond in a timely manner and consider retaining a qualified criminal defense attorney. Failure to adequately deal with an open container violation can lead to severe consequences, such as a bench warrant for the person’s arrest.
Operating a Phone While Driving
Did you know that New York was the first state to ban handheld cell phone use while driving in 2001? Nowadays, the state’s “No Touch” law expands on this concept, declaring that drivers cannot hold their mobile devices or any portable electronic device while operating their vehicle on the roadways. Illegal activity goes beyond simply talking on the phone and includes composing or reading text messages, browsing information, viewing, taking or sending images, and perhaps a no brainer – playing games!
If a person is found using a “portable electronic device” while driving, with the exception of calling 911 or other emergency personnel, they can end up with a traffic ticket and be subject to a fine and a surcharge.
Fare Evasion–Even on Buses
While it is common to witness people bypassing the fare in New York’s sprawling subway system and on the MTA’s signature blue and white buses, this act is very much illegal and considered theft of services, which is technically a misdemeanor. The illegal behavior includes entering buses through the back doors without paying and using emergency gates to enter subway stations without paying.
The price of a single ride now stands at $3, with MTA officials reasoning they need more funding to keep the public transportation system running efficiently and to account for necessary repairs. People experiencing financial difficulties can apply for assistance through the Fair Fares program, where eligible passengers can ride trains and buses at half the price.
If found fare evading, people may get a warning for a first offense, but the second offense is a hefty fine of $100, and $150 for subsequent violations, payable through the Transit Adjudication Bureau. Failure to respond to fines can result in summonses that escalate.
Arrests can occur for fare evasion if police discover that the person has outstanding warrants, multiple prior fare evasion offenses, fail to provide ID, or have a pending criminal case.
Passing Between Train Cars on the Subway
There may be good reason to want to swap one subway car for another – foul smells, rude passengers, or a hot, stuffy environment. But this must be done the right way: by exiting at the next stop and walking to a different train car. Since 2005, New York’s Regulations on Restricted Areas and Activities has banned the use of the emergency doors for casually passing from one car to another. During enforcement crackdowns, police may be on the lookout for infractions like this, and rule breakers can be fined $75.
The exception to this rule is in the case of an emergency, or if directed to do so by an authorized employee.
Wear Your Seatbelt–Even If You’re the Passenger
New York State demands that all passengers buckle up while riding in vehicles, regardless of where they may be seated. This is due to New York State’s Occupant Restraint Law, which was put into effect on Nov 1, 2020, and requires that each occupant of a motor vehicle must use a seat belt for adults or child safety restraint system for young children.
If passengers do not wear a seat belt, the vehicle can be pulled over by police, and adult passengers may receive a ticket. Plus, if a driver is carrying a passenger under the age of 16, who is not accompanied by a parent or guardian and does not have their seatbelt buckled, the driver could be issued a ticket.
However, the seat belt use requirement does not apply to emergency vehicles, vehicles from 1964 or older, or passengers in buses other than school buses.
