Know Your Rights

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Know Your Rights

 


1. If immigration, police or FBI agents attempt to enter your house: DO NOT open the door.

Ask the officers to identify themselves and show a “warrant” from under the door or through a window.

Verify that the warrant authorizes them to enter your specific address and property.

2. Officers must have a warrant to enter.

The warrant should include the word “WARRANT” & your address.

If it does not, the officers are not authorized to enter and you should not give them permission.

3. If the officers enter anyway:

Do not try to stop them.

Tell them that they do not have your permission to enter.

Try to get their names or badge numbers to file a complaint later.

4. If officers have a valid warrant:

They may enter your home but can ONLY search for people or items listed on the warrant.

Verify this information before they enter your home.

5. If detained, exercise your right to remain silent.

You do not have to speak to an officer.

You can remain silent or tell the officer you want to speak to an attorney or your consulate first.

You do not have to answer questions or present documents with your name, age, national origin, birthplace, or immigration status.

Do not sign anything you do not understand.

6. Do not lie to officers.

Do not present false documents or lie.

This will only make the situation worse.

If you are arrested, remember:

You have the right to remain silent and not answer any questions.

You have the right to ask to speak with your attorney or consulate.

Do not sign any documents that you do not understand.

 

SB 54, The CA Values Act

 


SB 54 was signed by Governor Brown on October 5, 2017, and went into effect on January 4, 2018. 
(Some provisions will go into effect on October 2018)

SB 54, the CA Values Act, PROHIBITS California state and local law enforcement agencies, including school police departments, from using agency or department money or personnel to INVESTIGATE, INTERROGATE, DETAIN, DETECT, OR ARREST persons for immigration enforcement purposes.

SB 54 creates safe spaces by limiting assistance with immigration enforcement in public agencies, such as:

  • Schools
  • Health Care Facilities (clinics and hospitals)
  • Court Houses


SB 54 prohibits:

  • Local law enforcement from asking about immigration status or using immigration agents as interpreters (including Border Patrol)
  • Making arrests on civil immigration warrants
  • Immigration holds
  • Sharing personal information such as work and home address with ICE
    • unless publicly available
  • Notifying ICE of release dates (exceptions under Trust Act)
  • Transfers to ICE (exceptions under Trust Act)

 

Report any suspected violation of SB 54 to ICE out of CA Hotline:

1-844-878-7801 (1-844-TRUST-01)

 

Make an Emergency Plan

 


The most important part of creating your emergency plan is to make sure you gather important information.

GATHER THE FOLLOWING DOCUMENTS AND KEEP THEM IN A SAFE PLACE THAT IS ACCESSIBLE TO YOUR FAMILY:

  • Documents (birth certificates, passports, etc.), important contacts and resources.
  • Community resources ready to access in case of an immigration related emergency.
  • Legal document giving authority to your spouse or another person you choose to be able to make decisions for you.
  • Example: With a signed power of attorney, your spouse could sell your car, even if the title is in your name.
  • Legal document that will help you prepare for long-term separation. Consider selecting a family member or trusted friend to serve as a temporary guardian for your children.
  • Form G-28: This form allows you to obtain legal representation before you need it. You sign it, but a lawyer does not have to sign it at the same time. If you are arrested, the form you signed will make it easier for an attorney to meet with you.


CONSIDER THE FOLLOWING:

  • Write down the family schedule that includes the time of arrival and departure from work, school and the common or usual routes that your family takes to go to work or school.
  • Make a list that is in view of family and friends who can help you if any member of the family is detained.
  • Have a family reunion with your partner and children and calmly explain what the real risks are to deportation, review the plan together and make sure each family member knows what they need to do in case of an emergency.


Stay informed and above all defend your rights before your family is affected!

 

HELPFUL LINKS

Immigrant Rights – ILRC
Know Your Rights – National Immigration Law Center (NILC)
Know Your Rights Skit - ILRC
New Immigration Service: Know Your Rights and DACA Apps
Family Preparedness Plan - ILRC