Do immigrants have a right to legal aid in California? Here's what the law says

SACRAMENTO, Calif. — Immigrant rights advocates and nonprofits in Northern California have been responding to the mass U.S. Immigration and Customs Enforcement raids happening throughout the country.

Within the last three weeks ICE has made arrests at Immigration Courts in Sacramento and Los Angeles protests over immigration raids continue.

Questions are circling around the Golden State on what people’s rights are when they are undocumented and what can documented community members do when they witness an ICE raid.

Here’s what to know:

What rights do people with undocumented status have when they go to Immigration Court?

Undocumented people have a right to a fair and legal trial including due process.

Additionally, undocumented people have a right to legal counsel but they do not have a right to government-appointed counsel, according to the American Immigration Council.

Can they bring someone with them?

Yes, people people attending Immigration Court can have a friend or family member there.

But be aware of collateral arrest s by ICE officers. Collateral arrest is when ICE agents are looking to arrest a person who is undocumented but an additional undocumented person, who was not the intended target, happens to be present; the agents can detain them as well, according to Immigrant Justice.

Collateral arrests have become a standard feature of ICE operations.

Is immigration court the same as criminal court?

No. Immigration court is a civil court run by the Department of Justice. It handles deportation and immigration cases—not crimes. You do not have a right to a public defender. There are no jury trials, and the judge works for the federal government, not the state. Many legal protections from criminal court don’t apply.

Do undocumented immigrants have the right to a lawyer in immigration court in California?

Yes, but not a free one. Immigration court is a civil court run by the federal government.

That means you do not have the right to a public defender like in criminal court.

You can hire a lawyer or get help from a nonprofit. Free or low-cost legal aid is available from some trusted group.

If you are seeking representation in the State of California then it is recommended to look through The State Bar of California website.

Through this site, you can find free or low cost legal help while avoiding fraud by an immigration consultant.

How can immigrants in California find free or low-cost legal help?

Start with LawHelpCA.org. You can search by county, language, and case type. Trusted groups in Northern California include:

• Sacramento Food Bank & Family Services: Family visas, citizenship, green cards; Spanish spoken

• Opening Doors: Removal defense, asylum; Spanish, Arabic, Farsi

• Bay Area Legal Aid: Domestic violence survivors; Spanish, Vietnamese, Cantonese, Mandarin

• Church World Service (Walnut Creek): Asylum, green cards; Spanish, Farsi, Arabic

• Centro Legal de la Raza: Broad immigration help in Spanish

Do you have to interact with ICE agents?

ICE can enter areas open to the general public such as parking lots and waiting rooms without permission. This includes public areas where undocumented individuals work. But that does not give ICE the authority to detain, question or arrest anyone, according to the American Civil Liberties Union.

Under California law, employers cannot turn over employee records or voluntarily allow immigration agents to enter non-public areas of workplaces without a warrant. If a warrant is shown, employers should carefully look at the address to make sure it matches the address of the building. Employers should also note the areas and items ICE is authorized to search.

People at risk of deportation should stay calm if ICE is in their area. The ACLU advises they not run. ICE can use running as a reason to arrest.

Bystanders should document interactions with ICE.

What are your rights when detained by ICE?

If an arrest happens, you should not resist.

When detained, you should request a lawyer but other than requesting a lawyer should remain silent.

All people have the right to remain silent and should practice that right when detained.

Be careful of any forms that ICE might ask you to sign. Unintentionally, people have signed forms agreeing to be deported without first seeing a judge.

If you get arrested and there is a final order for your deportation, let agents know you have a fear of returning to your home country, according to the ACLU. This may help your legal case.

You can order or print out red cards, pocket size cards that explain your rights, from redcardorders.com. These cards list your constitutional rights and can be given to immigration officers.

What are options for bystanders when witnessing an ICE raid?

Bystanders who are witnessing an ICE raid should document what they are seeing and conduct of the ICE agents, according to Immigrant Justice.

The details of a raid can be useful for the non-citzen’s legal case.

Documenting a raid includes writing and video recording. It is important to remember that there are no states in which it is illegal to record law enforcement while they are engaged in their public duties.

Bystanders should consider looking up laws and court cases regarding recording audio and video in their states and cities.

For local rapid response there are hotlines to call in Northern California. The Sacramento Rapid Response Network is meant for emergencies only to report ICE activity and enforcement actions 916-382-0256.

This network covers the following areas:

•Sacramento County

•Yolo County

•Placer County

•El Dorado County

•Nevada County

•Yuba County

•Sutter County

•Colusa County

•Butte County

What if someone you know is detained?

If you believe someone you know has been detained you can access ICE’s online detainee locator or call the Northern California field office at 415-844-5512.

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