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Know Your Rights

Your Rights and the Law

Take time to figure out which documents you should and should not carry with you. Always carry a red card documenting your immigration rights. Associated Students has a limited supply of free red cards in the AS Office: Nelson Hall West 2nd Floor.

Encounters with Federal Immigration Officers:

Make sure you and others know what to do if approached by immigration officers.

  • You have the right to remain silent.
  • You have the right to demand a warrant before letting anyone into your home.
  • You have the right to speak to a lawyer and the right to make a phone call.
  • You have the right to refuse to sign anything before you talk to a lawyer.
  • You have the right to refuse to show any documents before speaking with a lawyers

Refer to the Immigrant Legal Resource Center’s “Immigrant Rights” document for more information on how to prepare for encounters with immigration officers and understand your rights. 

Consulte “Los Derechos de Inmigrantes” para obtener más información sobre cómo prepararse para encuentros con agentes de ICE y comprender sus derechos.

Under California law: 

  • You have the right to apply for and secure housing without sharing your immigration status.
  • You have the right to access emergency medical care.
  • You have the right to a workplace free of harassment and discrimination.
  • You have the right to ask companies to stop selling your data or to delete your data.
  • You have the right to an attorney.
  • You have the right to access your police report.
  • Your child has a right to a free public education regardless of immigration status.
  • State and local law enforcement cannot ask for your immigration status for immigration enforcement purposes.
  • State and local law enforcement cannot share your personal information for immigration enforcement purposes.
  • State and local law enforcement cannot assist ICE with immigration enforcement, with very limited exceptions.

Refer to the California Department of Justice's “Know Your Immigration Rights and Protection Under the Law” for more information. 

A list of constitutional rights, state and county immigration-related policies, and more.

Legal framework Brief Summary of protections provided
Constitutional Rights 
1st Amendment Freedom of speech, peaceably assembly, petition government to redress of grievances
4th amendment Protects against unreasonable search & seizure without signed judicial warrant 
5th Amendment Right toremain silent and not incriminate one's self
7th AmendmentRight to due process; right to have a hearing on court and cosult with an attorney 
State Law 
California Values Senate Bill 54Prevents Law enforcement from working with ICE generally and makes it clear that public institutions should not be aiding federal immigration operations. Helps create trust between public institutions and migrant communities.
California's Transparent Review of Unjust Transfers and Holds (TRUTH) Act Ensures that local law enforcement agencies provide individuals in their custody with basic due process and information about their rights should federal immigration authorities seek to make contact with them. 

Police need written consent for a detained person to be interviewed by ICE. Establishes yearly law enforcement meetings to talk about how they interacted with immigration enforcement.
California's Transparency and Responsibility Using State Tools (TRUST) ActDefines the circumstances in which local law enforcement agencies may comply with immigration detainer requests. Detainer requests are the tool that Immigration and Customs Enforcement (ICE) uses when it wants state or local law enforcement agencies to detain individuals beyond their ordinary release because ICE believes the individual is in violation of federal immigration laws.

Before this law passed people were held longer in jail longer to facilitate delivering them to ICE. Not only was it found that these requests were optional but also that these practices waste money and are not needed for effective policing. This law prevents those holds from being enforced however ICE can still make arrests outside of jails.
County Law 
Humboldt County Sanctuary Ordinance (Measure K) Humboldt County Code Title IX, Division 12The Sanctuary ordinance of Humboldt was voted in 2018, the main aspects of the law is to guarantee Public Peace, safety and Welfare. 

Other measures: "Use of County Funds Prohibited to assist in the enforcement of Federal immigration law or to gather or disseminate information regarding release status of individuals or any other such personal information for immigration law enforcement ..." "Welfare of Children of Deported Parents". "Undertaking for the General Welfare" "Restrictions on all county officials and restrictions on law enforcement agents".
Ordinance 1490 of the City Council of the City of Arcata declaring itself a Sanctuary City With the purpose of safeguarding the civil rights, safety and dignity of all Arcata residents regardless of nationality or citizenship status. Other measures: No founding to enforcement of Immigration laws, except in “serious” cases. Prevents the creation of a registry of undocumented people.