We have rights! Regardless of your immigration status, we are all guaranteed rights under the Constitution. Learn more here about your rights as an immigrant, how to express them in different situations and how to keep our communities safe.

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If your workspace is private, you have the right to refuse ICE access without an official judicial warrant. To prepare your staff and employees, develop a written protocol for how to respond to an ICE raid using the following resources:

Overview

In the state of California, local law enforcement is prohibited from assisting federal immigration enforcement (ICE) operations under the The California Values ​​Act (SB 54). This means the police cannot ask you about your immigration status or transfer you to ICE for immigration charges. If you are arrested, the police can transfer you to ICE custody if you have a felony or high level misdemeanor conviction (sale, possession, or use of drugs; domestic violence; robbery; murder).

Prepare yourself for interactions with ICE

  1. Carry a red card with you at all times.
    Learn your rights and how to express them with law enforcement (see sections below). Red cards are available at the EBSC office and for download online in a variety of languages. 
  2. Carry a yellow card with you at all times.
    Save the number of your county’s Rapid Response Hotline in your cellphone contacts. Yellow cards for Alameda County are available at the EBSC office and for download online in Spanish and English. Yellow cards for all Northern California counties are also available in Spanish and English.
  3. If you have it, carry proof of citizenship (passport) or permanent residency on you at all times.
    If you have a pending status, carry a copy of your application receipt on you at all times, but do not show this unless you are detained. DO NOT CARRY any foreign identification or false documents. 
  4. Create a family emergency preparedness plan.
    Collect all of your family’s important documents (birth certificates, immigration applications, medical information) in one folder marked “private and confidential.” Make sure your medical and school emergency contacts are updated, preferably with at least one U.S. citizen listed. 
  5. Consult an immigration attorney to understand your case and guidance specific to your situation.
    Have your attorney’s number saved in your phone and written down in your wallet in case of emergency.

If you are stopped by Immigration Customs Enforcement (ICE)

How to reduce risk to yourself:

  • STAY CALM  and do not resist or obstruct the agents or officers. 
  • DO NOT RUN.
  • You have the right to ask for an officer’s identification and badge number. Take photos or write these down if you can. 
  • Do not lie or give false documents.
  • Call your local rapid response phone number as soon as you can and report the ICE operation with as many details as possible. They can also provide immediate assistance if you need it.

Your rights:

  • You have the right to remain silent. If you wish to exercise that right, say so out loud.
  • Ask if you are free to go. If so, walk away calmly. If not, ask why you are being detained. Do not answer any questions. 
  • 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. 
  • 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. 
  • You have the right to record all interactions with law enforcement – but do not interfere with the agents. 

What to do if you are arrested or detained:

  • Give your full legal name so your family and lawyer can identify you in the detained persons database. Remember your immigration number (“A” number) and give it to your family. It will help family members locate you.
  • 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 detained by ICE, you have the right to contact your consulate or have an officer inform the consulate of your detention.
  • 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 Immigration Customs Enforcement (ICE) comes to your home:

  • Do not open the door. Slide your red card under the door or show it through the window and clearly say that you do not give them permission to enter. 
  • You have the right to privacy unless ICE has an official judicial warrant with your name on it and if it is signed by a judge. If they say they have a warrant, ask them to put it under the door. This is a comparison between an official judicial warrant and an administrative warrant which ICE often uses but does NOT give them permission to enter your home.

ICE encounters (Español)

Police stops (Español)

ICE at your front door (Español)

ICE at your front door (English)

Additional Resources