The information below is compiled from the listed websites and not meant to substitute for legal advice. In case of an emergency, you can report ICE activity and enforcement actions by calling your local rapid response network. Orange County 714-881-1558

Immigration & School, Students, Parents

https://www.myschoolmyrights.com/rights/immigration-students/

Should I be worried if my school has not declared itself a “safe haven” or “safe zone” district?

NO. Even if your school district or charter did not adopt a “safe haven” or “safe zone” resolution, your district or charter was required to adopt policies limiting your school’s ability to cooperate in immigration enforcement actions by July 1, 2018. The policies should also declare that your school remains safe and accessible to all Californians, regardless of immigration status 2. To learn about your district’s policies on this topic, search for your district’s school board policies on the school district’s website with search terms like:

• • response to immigration enforcement,
• • nondiscrimination,
• • student records,
• • district residency,
• • visitors/outsiders,
• • Uniform Complaint Procedures, or
• • bullying

If your school has not yet adopted these types of policies, then you should encourage your school district to do so by letting them know they are legally required to. The ACLU of California has a model school board policy that we think all school districts should adopt.

Also, the California Attorney General published a guide to help school districts comply with California laws called Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist California’s K-12 Schools in Responding to Immigration Issues.

Learn more about School & Student rights by visiting  https://www.myschoolmyrights.com/rights/immigration-students/

Family Preparedness Plan

https://www.ilrc.org/resources/family-preparedness-plan

A Family Preparedness Plan including how to protect children in the event of detention of a parent and how to find information on where a person is detained by U.S. Immigration and Customs Enforcement (ICE) and much more is available in several languages by visiting the Immigrant Legal Resource Center www.ilrc.org

Family members can use the ICE detainee locator: https://locator.ice.gov/odls/homePage.do.

More Resources

• Informed Immigrant: https://www.informedimmigrant.com/

• Immigrant Legal Resource Center (ILRC): https://www.ilrc.org/community-resources

•National Immigration Law Center (NILC): https://www.nilc.org/

• https://www.immigrationadvocates.org/nonprofit/legaldirectory/

• Family members can use the ICE detainee locator: https://locator.ice.gov/odls/homePage.do.

ACLU KNOW YOUR RIGHTS CAMPAIGN

https://www.aclu.org/know-your-rights/immigrants-rights

https://www.aclusocal.org/en/icenotwelcome

https://www.aclu.org/know-your-rights/what-do-when-encountering-law-enforcement-airports-and-other-ports-entry-us?redirect=know-your-rights%2Fwhen-encountering-law-enforcement-referral-contact-information#referral-contact-information

In case of an emergency, you can report ICE activity and enforcement actions by calling your local rapid response network. Orange County 714-881-1558

What To Do:  

IF LAW ENFORCEMENT ASKS ABOUT MY IMMIGRATION STATUS

How to reduce risk to yourself

• Stay calm. Don’t run, argue, resist, or obstruct the officer, even if you believe your rights are being violated. Keep your hands where the police can see them.

• Don’t lie about your status or provide false documents.

Your rights

• You have the right to remain silent and do not have to discuss your immigration or citizenship status with police, immigration agents, or other officials. Anything you tell an officer can later be used against you in immigration court.

• If you are not a U.S. citizen and an immigration agent requests your immigration papers, you must show them if you have them with you.

• If an immigration agent asks if they can search you, you have the right to say no. Agents do not have the right to search you or your belongings without your consent or probable cause.

• If you’re over 18, carry your papers with you at all times. If you don’t have them, tell the officer that you want to remain silent, or that you want to consult a lawyer before answering any questions.

What to do in such an encounter

• In some states, you must provide your name to law enforcement if you are stopped and told to identify yourself. But even if you give your name, you don’t have to answer other questions.

• If you are driving and are pulled over, the officer can require you to show your license, vehicle registration, and proof of insurance, but you don’t have to answer questions about your immigration status.

• Customs officers can ask about your immigration status when entering or leaving the country. If you are a lawful permanent resident (LPR) who has maintained your status, you only have to answer questions establishing your identity and permanent residency. Refusal to answer other questions will likely cause delay, but officials may not deny you entry into the United States for failure to answer other questions. If you are a non-citizen visa holder, you may be denied entry into the U.S. if you refuse to answer officers’ questions.

POLICE OR ICE ARE AT MY HOME

How to reduce risk to yourself

• Stay calm and keep the door closed. Opening the door does not give them permission to come inside, but it is safer to speak to ICE through the door.

Your rights

• You have the right to remain silent, even if an officer has a warrant.

• You do not have to let police or immigration agents into your home unless they have certain kinds of warrants.

• If police have an arrest 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.

WHAT TO DO WHEN  POLICE OR ICE ARRIVE

• 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 they don’t produce a 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 toyour 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. 

I’VE BEEN STOPPED BY POLICE OR ICE

How to reduce risk to yourself

• • Stay calm and do not resist or obstruct the agents or officers.
• • Do not lie or give false documents.
• • Prepare yourself and your family in case you are arrested. Memorize the phone numbers of your family and your lawyer. Make emergency plans if you have children or take medication.

Your rights

• • You have the right to remain silent. If you wish to exercise that right, say so out loud. (In some states, you may be required to provide your name if asked to identify yourself.)
• • You do not have to consent to a search of yourself or your belongings, but police may pat down your clothing if they suspect a weapon.
• • If you are arrested by police, you have the right to a government-appointed lawyer.
• • If you are detained by ICE, you have the right to consult with a lawyer, but the government is not required to provide one for you. You can ask for a list of free or low-cost alternatives.
• • You do not have to answer questions about where you were born, whether you are a U.S. citizen, or how you entered the country. (Separate rules apply at international borders and airports and for individuals on certain non-immigrant visas, including tourists and business travelers.)

WHAT TO DO IF YOU ARE ARRESTED OR DETAINED

• • Say you wish to remain silent and ask for a lawyer immediately. Don’t give any explanations or excuses. Don’t say anything, sign anything, or make any decisions without a lawyer.
• • If you have been arrested by police, you have the right to make a local phone call. The police cannot listen if you call a lawyer.
• • If you have been detained by ICE, you have the right to contact your consulate or have an officer inform the consulate of your detention.
• • Remember your immigration number (“A” number) and give it to your family. It will help family members locate you.
• • Keep a copy of your immigration documents with someone you trust.
• • If you are a non-citizen: Ask your lawyer about the effect of a criminal conviction or plea on your immigration status. Don’t discuss your immigration status with anyone but your lawyer. While you are in jail, an immigration agent may visit you. Do not answer questions or sign anything before talking to a lawyer. Read all papers fully. If you do not understand or cannot read the papers, tell the officer you need an interpreter.

If you believe your rights were violated

• • Write down everything you remember, including officers’ badges and patrol car numbers, which agency the officers were from, and any other details. Get contact information for witnesses.
• • If you’re injured, seek medical attention immediately and take photographs of your injuries.
• • File a written complaint with the agency’s internal affairs division or civilian complaint board. In most cases, you can file a complaint anonymously if you wish.

I NEED A LAWYER

Your rights

• • If you are arrested by the police, you have the right to a government-appointed lawyer and should ask for one immediately.
• • If arrested, you have the right to a private phone call within a reasonable time of your arrest, and police may not listen to the call if it is made to a lawyer.
• • 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.
• • If you are detained, you have the right to call a lawyer or your family, and you have the right to be visited by a lawyer in detention. You have the right to have your attorney with you at any hearing before an immigration judge.

ICE Not Welcome: Verify, Document, and Report

https://www.aclusocal.org/en/icenotwelcome

The following information is produced by the ACLU Foundation of Southern California for educational purposes only.This is not intended as a substitute for legal advice.

WE KNOW OUR RIGHTS when U.S. Immigration and Customs Enforcement (ICE) is at our door. We know not to open the door. We know to ask for a warrant. We know not to answer any questions. Don’t be fooled. Know your rights. When ICE shows up at your door, remember to safely* take these three important steps:

1. VERIFY. Determine the officer’s agency and whether they are really police or probation.

• • Look at their uniforms. Uniforms are one way to tell what agency an officer is from. ICE usually wears civilian or plain clothing with black bulletproof vests. Oftentimes, it says “POLICE” on the front or back. Local police, on the other hand, wear distinct uniforms with identifying insignias.
• • Ask what police or probation department they are from. Remember what they say. If they lie, make sure to document it.
• • Ask to see proof of who they are. Ask to see a business card or a badge.
• • Ask if they have a warrant signed by a judge.

2. DOCUMENT. Determine the officer’s agency and whether they are really police or probation. Record the encounter with video or audio. Remember names, times, and details. Documentation and witnesses can be critical to a legal defense, should that be necessary later.  • Ask for their names and titles. If you can, write them down • Ask why they are there.• Find someone to witness the encounter — either from inside the house or outside.• Document the details of any questioning, search, or arrest.

3. REPORT. Share what happened and seek legal assistance if necessary.

• • Download the free Mobile Justice app to record interactions with law enforcement and send those interactions directly to the ACLU.
• • Call your local Rapid Response Network to report the incident and to seek legal assistance, if needed.
• • Share video or other documentation on social media.
• • Report the incident to your consulate or a community organization.
• * Remember to stay safe.

If an officer tries to enter your home without your permission, do not block the doorway or physically obstruct the officer. Just tell the officer: “I do not consent to you entering my home” and document the encounter. And never answer any questions about citizenship or immigration status without the advice of a lawyer. If you are searched, against your will, say: “I do not consent to this search.”

Together, we can protect each other and our families, friends, and neighbors. What happened to you might be happening to others. Only with that information can we fight back.

UNITED WE DREAM: Know Your Rights Campaign

https://unitedwedream.org/resources/know-your-rights/

While asserting your rights does not guarantee the stop of an arrest at the moment, it is important to exercise our rights to facilitate our defense. You are not alone. Our movement is ready to support you, fight for your freedom, and reclaim the humanity of our community. Visit www.unitedwedream.org

 RECORD  &  REPORT

• • Step 1: Ensure that audio and video are on and ready to be used and shared to a cloud.
• • Step 2: Get information on the officer’s name, badge number, and agency.
• • Step 3: Narrate the date, time, and location where the incident occurred.
• • Step 4: Do not disclose the information of your loved ones or yourself to the agents.

Always remember you have the power to make choices. You have a choice over your safety, how you respond, and what you choose to share. To learn more about your power and your rights, join United We Dream.

IF IMMIGRATION AGENTS COME TO YOUR HOME

Prepare Yourself

• • Fill out your preparedness plan and put it in a folder labeled “Privilege & Confidential” and give it to a person you trust.
• • Create a plan in advance with your family and friends. Assign who will be in charge of your case and who will support in different capacities.
• • Make sure your photos and videos are being synced to the cloud (e.g. iCloud or Google Photos) in case you record an interaction with ICE so that other people can access it.
• • Make sure the fences you have in your home are closed. This means that the gate has to be closed with a lock at all times.
• • Paste a ‘Know Your Rights’ flyer and a reminder to record any interaction with ICE inside your doo

Defend Yourself

• • Keep Calm
• • Do not open the door
• • If immigration agents enter your home without your permission, verbally express that you do not give them permissionto enter your home or search your belongings. Ask for a search and arrest warrant.
• • Do not answer any questions. Exercise your right to remain silent. If you do choose to answer questions, remember not to lie.
• • Do not sign any documents.
• • Ask to speak with your lawyer or a loved one.
• • If you feel safe, record the event with your cell phone either through video or audio only.
• • ICE Lies: Do not agree to what ICE asks. For example, do not follow them to their office, to immigration offices like USCIS, or to meet them for coffee.

IF IMMIGRATION AGENTS APPROACH YOU IN PUBLIC

Prepare Yourself

• • Fill out your preparedness plan and put it in a folder labeled “Privilege & Confidential” and give it to a person you trust.
• • Create a plan in advance with your family and friends. Assign who will be in charge of your case and who will support at different capacities.
• • Make sure your photos and videos are being synced to the cloud (e.g. iCloud or Google Photos) in case you record an interaction with ICE so that other people can access it.
• • Join a local pro-immigrant rights group.
• • Don’t carry a passport. A passport is a travel document and if you have it on you while detained, it can help ICE deport you faster.
• • Don’t provide a foreign ID, this includes your consulate card, foreign driver’s license, foreign voting card, etc. A foreign ID reveals to the ICE agent that you were born in another country that is not the U.S.

Defend Yourself

• • Ask them to identify themselves.
• • Provide your name only.
• • Remain silent – if you choose to speak, remember to not lie.
• • Ask for a warrant and check to see if your name is on it and spelled correctly.
• • Record and report the incident.
• • Stay calm and don’t run.
• • Don’t share your personal or loved one’s information (name, address, etc).
• • Don’t take ICE to your house to pick up your ID.
• • Do not sign anything. Do not consent to being searched.
• • ICE Lies: Do not agree to what ICE asks. For example, do not follow them to their office, to immigration offices like USCIS, or to meet them for coffee.

IF IMMIGRATION AGENTS COME TO YOUR JOB 

Prepare Yourself

• • Prepare a plan with your co-workers/employer in case immigration comes to your place of work.
• • Fill out your preparedness plan and put it in a folder labeled “Privilege & Confidential” and give it to a person you trust.
• • Create a plan in advance with your family and friends. Assign who will be in charge of your case and who will support at different capacities.
• • Make sure your photos and videos are being synced to the cloud (e.g. iCloud or Google Photos) in case you record an interaction with ICE so that other people can access it.
• • Join a local pro-immigrant rights group.
• • Carry valid documentation at all times or a copy of your pending process.
• • Don’t provide a foreign ID, this includes your consulate card, foreign driver’s license, foreign voting card, etc. A foreign ID reveals to the ICE agent that you were born in another country that is not the U.S.
• • Download the Notifica App and add your emergency contacts with an emergency message. We suggest that this message includes the contact of a trusted person who has and knows your preparedness plan. 

Defend Yourself

• • Remain silent – if you choose to speak, remember to not lie.
• • Show your valid documentation or copy of your pending process.
• • Ask for a warrant and check to see if your name is on it and spelled correctly.
• • Do not sign anything.
• • Do not consent to being searched – verbally say, “I do not consent to being searched”.
• • ICE Lies: Do not agree to what ICE asks. For example, do not follow them to their office, to immigration offices like USCIS, or to meet them for coffee.