At a time when immigrant communities face constant attack, it is crucial that immigrants know their rights, familiarize themselves with laws that could protect them, and understand their options for accessing government services.

Keeping yourself informed is a key tool to protecting yourself and your family. Empower yourself with information on federal and state laws regarding immigrants, make a plan in the event that an emergency occurs, and keep up to date on new laws and developments regarding immigration below.

1. DO NOT OPEN THE DOOR.

Ask the officers to identify themselves and 

show a JUDICIAL warrant under the door or through a window or locked screen. 

2. YOUR CONSTITUTIONAL RIGHT.

The 4th Amendment of the U.S. Constitution grants every person the right to be free of an unreasonable search, and to ask for a warrant.    

3. IT MUST BE A JUDICIAL WARRANT.

Only JUDICIAL warrants are valid to enter. It should say “Court” at the top, be signed by a judge, and have your address on it. Administrative warrants from agencies like the Department of Homeland Security are not valid to enter.

4. IF OFFICERS ENTER ANYWAY

Do not try to stop them if they use force. Tell them they do NOT have permission to enter. Try to get their name and record them if it is safe. 

5. IF THEY HAVE A WARRANT. 

They may enter with a JUDICIAL warrant but can ONLY search for the people or items at the address listed on the warrant. 

6. RIGHT TO REMAIN SILENT. 

Every person has the right to remain silent under the Fifth Amendment of the U.S. Constitution. You have the right to speak to your attorney or consulate (if it is safe to do so for asylum seekers) before saying anything, including your name, where you were born, or anything else. Do not lie or present false documents. 

If you or a loved one is arrested, you have the right to remain silent. Do not sign anything you do not understand. If you are charged with a criminal offense, you will be assigned a public defender. 

Being here without documents is a civil (not criminal) offense. If you are in immigration custody, ask to speak to your consulate or an attorney, if you have one. Give the “A” number on your wristband to them so they can help you. 

If you have been here less than 2 years, you may be subject to expedited removal without court. If you have been here longer, show evidence like a CA license. 

HELPFUL LINKS

• • • Locate someone in county jail: https://www.calsheriffs.org/directory/offices/sheriffs.html 
    • Locate someone in immigration custody: locator.ice.gov
    • Immigrant legal services (non-detained): www.immigrationadvocates.org/legaldirectory/
    • San Diego County Immigrant Legal Defense Program (detained): 619-446-2883
    • California Lawyer Referral Service (private attorneys): bit.ly/lawyer-directory 
    • Immigration court case status and hearings: 800-898-7180 | acis.eoir.justice.gov.
    • Mexican Consular Assistance: 520-623-7874, https://www.gob.mx/ciam
    • List of other consulates in the US: bit.ly/embassycontacts

Emergencies happen, often when we least expect them. It is your right and responsibility to stay informed, and create an emergency plan for you and your family, to defend your rights, and theirs, before your family is affected. Creating an emergency plan is easy. Just follow these three steps:

GATHER, CREATE, and SHARE.

GATHER key information, including those listed below, and keep it in a safe and accessible place:

• Documents (birth certificates, passports, etc.), important contacts, and resources.
• 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.

CREATE the plan and write it down:

• 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 with contact information of family and friends who can help if any member of the family is detained.

SHARE with trusted family members:

• Have a family meeting 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.

For more information on how to create a Family Preparedness Plan, click here.

SB 54 ‘The California Values Act’

On October 5, 2017, Governor Jerry Brown signed SB 54, which then went into effect January 4, 2018 (although some provisions will not go into effect until October of 2018). SB 54 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, creating safer spaces for immigrant families within their communities, in areas such as schools, health care facilities, and courthouses.

Under SB 54, local law enforcement CANNOT ask about immigration status, or use immigration agents, including Border Patrol, as interpreters. Local law enforcement CANNOT make arrests on civil immigration warrants, they CANNOT make immigration holds, and they CANNOT share personal information about individuals, such as home or work addresses, with ICE, unless the information is publicly available. Local law enforcement is PROHIBITED from notifying ICE of release dates, or from transferring individuals into ICE custody, except where allowed under the Trust Act.

Your Right to Health Care