SACRAMENTO, Calif. — New executive orders by President Donald Trump aimed at undocumented immigrants have Californians concerned about possible interactions with federal immigration enforcement agencies.

California State Sen. Sasha Renée Pérez, D-Pasadena, introduced a bill on Jan. 23 that would require schools to warn students and families if immigration officers are on campus grounds.

What should Californian residents do if they encounter ICE agents? How does state law protect against deportation?

The Bee spoke with immigration attorneys at Mendoza Immigration in Sacramento and the UC Davis School of Law to find out the answers.

Do you have to answer ICE questions?

According to the Fifth Amendment on the U.S. Constitution, every person in the United States has the right to remain silent regardless of immigration status, according to Amagda Pérez, attorney and co-director of the UC Davis Immigration Law Clinic.

“If you’re not sure why you’re being asked certain questions, you (should) exercise your right to remain silent until you have counsel available to advise you,” Pérez said.

If local police officers or sheriff’s deputies pull over your vehicle and ask for identification, she said, you can be required to provide your driver’s license and proof of insurance.

However, you should not be asked for proof of immigration status, Pérez said.

“A police officer is not a federal agent that has the training to evaluate a person’s immigration status,” Pérez said. “In California ... they’re prohibited from providing information to the (U.S.) Department of Homeland Security because, again, they’re not immigration agents.”

Do you need to show proof of legal status?

You do not need to provide any information to immigration enforcement agents, according to Pérez.

“If they are asking for the person that they have apprehended to provide certain information, then that person has the right again to not answer any questions until they’re represented by counsel,” she said. “In the moment that any person asks for counsel before they answer any other questions, then any further inquiry needs to stop at that point.”

“Otherwise, it would be a violation of their constitutional rights,” Pérez explained.

Mendoza said he tells clients to carry a folder of documents that demonstrate at least two years of continuous presence in the United States to help fight an expedited removal order.

An expedited removal order allows ICE to fast-track deporting someone the agency believes is undocumented without giving them the opportunity to see a judge, according to the National Immigration Law Center.

Previously, immigration agents only issued these orders within 100 miles of a coastline or border and within 14 days of the person’s arrival, according to the law center’s website.

The Department of Homeland Security under the Trump administration said it will now allow the use of expedited removal against any undocumented person who cannot prove two continuous years of presence in the country.

Are you required to allow ICE into your home or business?

Regardless of immigration status, you do not have to allow immigration officers to enter your home or business if they do not have a valid judicial warrant, according to Mendoza.

“Don’t open the door. Don’t answer any questions. Don’t sign anything,” he said.

A valid judicial warrant includes the name of the person being searched for and the address that is allowed to be searched, Pérez said.

According to Mendoza, ICE may come to a door or business and present an administrative warrant.

This warrant grants immigration officials the right to arrest someone the agency suspects is a noncitizen who does not have a lawful right to be in the country, Pérez said.

However, it does not give agents permission to search private property and seize someone, she said.

What’s the difference between ICE and Border Patrol?

ICE is generally tasked with enforcing immigration law, while the Border Patrol typically remains near points of entry and within 100 miles of the border, according to Pérez,

Points of entry can include land border checkpoints and airports, she said.

The rights to remain silent when questioned and to not be subject to unlawful searches and seizures by law enforcement apply to Border Patrol as well, Pérez said.

Does California have laws to protect immigrants?

California’s so-called sanctuary state law prevents local law enforcement agencies from using state resources to cooperate with immigration enforcement operations.

Senate Bill 54, also known as the California Values Act, was signed by California Gov. Jerry Brown in 2017.

Pérez said this kind of law can help immigrants who witness or are victims of crime trust that local police will protect them without the threat of being reported to ICE.

“(The state) wants to make sure that there’s this clear division between the law enforcement officers that are supposed to protect the communities, and then there are those that are looking again to enforce immigration laws,” she said.

What are some ways to protect against deportation?

Knowing and exercising your rights can help empower all members of the community, Pérez said.

Mendoza said nonprofit organizations in California are handing out cards with information detailing individuals’ rights in the event they are approached by ICE agents.

“We’re hoping that people know that they’re not alone and that they do have rights,” Pérez said. “There is a community of advocates who will be there to answer questions and provide assistance as needed.”

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