What are immigrants' legal rights in California ICE raids? What the law says
Published in News & Features
Since nationwide protests began against the Immigrations and Customs Enforcement agency, the Trump administration has escalated raids in cities across the country.
A recent Associated Press investigation uncovered an ICE memo that appears to reverse “longstanding guidance meant to respect constitutional limits on government searches.”
But if you are detained, what are your rights? If you’re a noncitizen, do you have the same legal protections?
Here’s what to know:
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.
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
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 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.
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.
How can I stay safe around ICE officials?
The American Civil Liberties Union of Northern California said it’s important to stay calm.
“Don’t run. Don’t argue, resist or obstruct the police, even if you are innocent or police are violating your rights. Keep your hands where police can see them,” the ACLU said.
The Fifth Amendment of the U.S. Constitution says 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.”
And if ICE comes to your home or business, you do not have to consent to a search without a judicial warrant. The ACLU of Northern California said administrative warrants do not give ICE permission to search homes or businesses.
However, the Associated Press obtained an internal ICE memo that authorizes agents to use force to enter a residence on the basis of administrative warrants. The Associated Press reports “the memo itself has not been widely shared within the agency, according to a whistleblower complaint, but its contents have been used to train new ICE officers who are being deployed into cities and towns to implement the president’s immigration crackdown.”
A valid judicial warrant includes the name of the person being searched for and the address that is allowed to be searched, Pérez said. An administrative warrant grants immigration officials the right to arrest someone the agency suspects is a non-citizen who does not have a lawful right to be in the country.
What should I do if I see ICE in my area?
Bystanders who are witnessing an ICE raid should document what they are seeing and conduct of the ICE agents, according to Immigrant Justice. There are several organizations to report raids to, depending on the area.
The Sacramento Rapid Response Network is meant for emergencies only to report ICE activity and enforcement actions. The hotline is 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
Fresno, San Joaquin, Merced, Stanislaus and Kern counties have a dedicated hotline through the Central Valley Watch Rapid Response. The hotline is 559-206-0151.
Additionally, the California attorney general’s office has a dedicated portal to report “potentially unlawful activity” by federal agents, including “the use of excessive force, unlawful searches or arrests, wrongful detentions, interference with voting, or other civil-rights violations.”
The portal is at oag.ca.gov/reportmisconduct.
Can I record ICE activity?
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.
In California, you cannot legally obstruct an officer’s ability to conduct police activities — though it is explicitly outlined in code that taking photos, video or audio recordings in a public space does not do that in and of itself.
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(The Sacramento Bee’s Lauren Chapman contributed to this story.)
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