It is important to know that everyone in the United States, regardless of immigration status, is protected by certain rights under the U.S. Constitution. Below is a list of frequently asked questions and answers to help you understand and navigate immigration-enforcement related topics, Know Your Rights, and Be Prepared.
What rights does everyone have?
- You have the right to remain silent. You can refuse to speak to an ICE agent. You do not have to answer any questions, especially about your birthplace, immigration status, or how you entered the United States. Say that you want to remain silent until you speak with an immigration law provider.
- You have the right to demand a warrant before letting anyone into your home. Do not open your door to ICE without a warrant that is signed by a judge and includes your specific and correct name and address on it. If they say that they have one, do not open the door for them to show it to you. Ask them to slip it under the door or show it through a window.
- You have the right to speak to an immigration law services provider and the right to make a phone call. Have the phone number of a friend or relative memorized as you may not have access to your cell phone. Also, memorize the phone number of a legal services provider such as: SCH 24/7 Helpline 1-800-736-1060
- You have the right to refuse to sign anything before you talk to an immigration law provider. Do not sign anything. That could eliminate your right to speak with an immigration law provider or your right to have a hearing in front of an immigration judge. This may result in you being deported immediately without a hearing.
- You have the right to refuse to show any documents. Do not show documents issued by another country to an ICE officer, such as a consular identity document or a passport from your country of birth. Never present false documents.
What documents should I carry?
- If you have a valid work permit or permanent resident card (i.e. “green card”), carry it with you at all times. If you do not have one, carry a municipal ID, state ID, or driver’s license only if it was issued in the United States by a U.S. government agency and contains no information about your immigration status or your country of origin.
- Do not carry any documentation indicating your country of origin.
- Do not carry any false identity or immigration documents.
- At all times, carry a red card reminding you of your constitutional rights and to exercise your right to remain silent in case you are stopped or interrogated by ICE or police officers.
Where can I get more information?
- Schedule an appointment for a one-on-one free, confidential consultation with a Department of Justice Accredited Immigration Representative at Sierra Community House by calling 530-546-0952
- Attend our local or virtual Know Your Rights Workshops or a virtual workshop with our partner Visión y Compromiso.
- Review the Immigration Preparedness Toolkit
- More Resources
Does local law enforcement participate in immigration enforcement?
- California state law generally prohibits California law enforcement agencies from cooperating with immigration enforcement actions. This means that local police departments, county sheriffs, and California Highway Patrol will not NOT assist immigration agents working with Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP) in raids, checkpoints, or targeted arrests. California law enforcement officers cannot ask you about your immigration status and cannot make an arrest based purely on your lack of immigration status or even an outstanding removal order.
- If you are arrested and booked into a California jail, immigration agents may become aware of your location automatically through the booking process, but California jails will not assist immigration agents to arrest you at the jail or upon your release unless you have been convicted (not simply arrested or charged) of certain serious crimes. If you believe that a past arrest or conviction may put you at increased risk of immigration enforcement, a licensed immigration law provider (such as Sierra Community House) can help you to analyze your individual situation and take steps to be prepared for future immigration enforcement actions.
Where can I get Mental Health Resources?
- Mental Health is available to all regardless of immigration status. For simple tips and more information see United We Dream.
What kind of organization is Sierra Community House?
- Sierra Community House is a non-governmental, community-based non-profit. Sierra Community House is Recognized by the Department of Justice to employ Accredited Representatives that are licensed to provide immigration law advice and services. Our immigration law staff can represent community members in applying for immigration benefits such as Deferred Action for Childhood Arrivals (DACA) and Naturalization
How can I be prepared for an immigration emergency?
- Remember that you have the right to legal representation. Have the phone number of a friend or relative memorized as you may not have access to your cell phone. Also, memorize the phone number of a legal service provider such as: Sierra Community House’s 24/7 Helpline 1-800-736-1060
How can I protect my children in case of an immigration emergency?
- It is important to plan for emergencies, especially identifying a caregiver for children. Certain forms do not require a parent/guardian signature.
- Print a Family Preparedness Plan
How can I print red cards?
How can I support my employees or neighbors?
- Share the Know You’re Your Rights and Be Prepared information, and the SCH KYR virtual workshop flyers. For details on providing Know Your Rights see this Train the Trainer Tool.
How can I donate to local immigration support efforts?
- Contact our Director of Development, Allison Edwards for more information: [email protected]
- Follow us on Instagram and Facebook, and subscribe to our newsletter to stay tuned on upcoming events and more ways to get involved!
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