With the White House pushing for mass deportations, fear and uncertainty are growing in the communities of San Diego and Imperial counties. Misinformation is everywhere, and knowing the law and your rights is crucial. Here are some resources to help you stay informed and prepared.
Resources
Everyone in the U.S., regardless of immigration status, has certain rights under the Constitution.
If ICE or the police approach you at your home, work or school, there are steps you can take to protect yourself and your family. Here are some tips from the American Civil Liberties Union.
See more information at the ACLU’s website.
If ICE or the police approach you at your home, work or school, there are steps you can take to protect yourself and your family. Here are some tips from the American Civil Liberties Union.
See more information at the ACLU’s website.
- What to do when the police or ICE arrive:
- Stay calm and keep the door closed. Opening the door does not give officers or agents permission to come inside, but it is safer to speak to them through the door.
- Ask if they are immigration agents and what they are there for.
- Ask the agent or officer to show you a badge or identification through the window or peephole.
- Ask if they have a warrant signed by a judge. If they say they do, ask them to slide it under the door or hold it up to a window so you can inspect it.
- Don’t lie or produce any false documents. Don’t sign anything without speaking with a lawyer first.
- Do not open your door unless ICE shows you a judicial search or arrest warrant naming a person in your residence and/or areas to be searched at your address. If police have such a warrant, they are legally allowed to enter the home of the person on the warrant if they believe that person is inside. But a warrant of removal/deportation (Form I-205) does not allow officers to enter a home without consent. If they don’t produce the appropriate warrant, keep the door closed. State: “I do not consent to your entry.”
- If agents force their way in, do not resist. If you wish to exercise your rights, state: “I do not consent to your entry or to your search of these premises. I am exercising my right to remain silent. I wish to speak with a lawyer as soon as possible.”
- If you are on probation with a search condition, law enforcement is allowed to enter your home.
- What to do if you're arrested or detained
- If you are arrested by the police, you have the right to a government-appointed lawyer, and should ask for one immediately.
- If you are detained by ICE or Border Patrol, you have the right to hire a lawyer, but the government does not have to provide one for you. Ask for a list of free or low-cost alternatives.
The Immigrant Legal Resource Center's “red cards” can help people assert their rights in the instance that ICE agents go to their home or work. Print in English, Spanish and 17 other languages.
Larry Valenzuela for CalMatters
The new state budget that Gov. Gavin Newsom signed includes $55 million for the DMV to build a data-sharing system, a program meant to bring the state in compliance with the federal REAL ID law.
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