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Know Your Rights

Know Your Rights – Immigrant Communities

The CPDA Immigration Committee focuses on the intersections between criminal and immigration law and works to improve the level of representation of noncitizens in the state criminal and immigration court systems through training, legislative advocacy, and state and federal litigation.

This committee works closely with immigrant advocacy organizations and others who recognize that when the constitutional, statutory, and human rights of immigrants are threatened, everyone's rights are threatened.

Your Rights in California

Under the California Values Act (SB 54, Durazo), which took effect on January 1, 2018, California law enforcement agencies are generally prohibited from asking about your immigration status.

  • Police and sheriffs cannot ask about your immigration status during routine stops or investigations.
  • They cannot arrest you solely based on deportation orders or civil immigration violations.
  • They cannot use ICE or Border Patrol as interpreters.
  • They are restricted from sharing your personal information (like your home address) with immigration authorities, unless that information is already public.

If law enforcement in California violates this, and asks you about your immigration status, you have the right not to answer and to remain silent.

  • Right to Remain Silent: You are not required to answer questions from law enforcement or immigration agents. You can say:
    “I choose to remain silent. I want to speak to a lawyer.”
  • Protection Against Unlawful Searches: ICE or police cannot search your home without a judicial warrant or your consent. You can say:
    “I do not consent to a search.”
  • Right to Due Process: You are entitled to notice of charges, a hearing before an immigration judge, and the opportunity to present your case.
  • Right to an Attorney: In immigration court, you have the right to hire a lawyer (at your own expense). In criminal court, you may be appointed a public defender if you cannot afford one.
  • Protection from Arbitrary Detention: You cannot be detained without legal process. You have the right to a hearing and to know the charges against you.
  • Reminder: These rights apply to all people on US soil — including undocumented people, visa holders, green card holders, refugees, and asylum seekers. However, rights may be more limited at the border or during deportation proceedings.

Under SB 54 (California Values Act), certain locations are considered safe zones where immigration enforcement is limited:

  • Public schools
  • Libraries
  • Courthouses
  • Health facilities (such as clinics and hospitals)

Employees and officials in these locations are not permitted to assist ICE or immigration enforcement without proper legal authorization, such as a judicial warrant.

This protection is intended to allow people to access services and justice without fear of detention or deportation.

What To Do If...

  • Stay calm.
  • You have the right to remain silent.
  • You do not have to answer questions about your immigration status.
  • You do not have to show ID unless your visa requires it.
  • Say:
    “I am exercising my right to remain silent. I want to speak to a lawyer.”
  • Do not provide false documents or false information.
  • You do not have to open the door unless ICE presents a judicial warrant signed by a judge.
  • Ask them to slide the warrant under the door.
  • Check for:
    • Your correct name and address
    • Signature from a judge
  • If they don’t have a judicial warrant:
    • Say:
      “I do not consent to entry.”
    • You may remain silent.
  • If ICE forces entry, do not resist. Say:
    “I do not consent to this entry.”
  • You have the right to remain silent.
  • Do not sign anything without talking to a lawyer.
  • Signing papers could lead to deportation.
  • You have the right to contact a lawyer, but immigration court does not provide one.
  • Ask for a hearing before a judge and ask if you are eligible for bond.
  • Memorize important numbers and carry your lawyer's number if possible.
  • Stay calm.
  • You have the right to remain silent.
  • You do not have to show ID or answer questions about status.
  • Say:
    “I choose to remain silent and want to speak to a lawyer.”
  • Do not show false papers or lie.
  • Do not sign anything without understanding it.
  • ICE may enter public areas of your business without a warrant.
  • To enter private areas, ICE must have a judicial warrant or your permission.
  • You can refuse access to private spaces without a proper warrant.
  • You do not have to give employee records unless presented with a subpoena or warrant.
  • Do not retaliate against employees for exercising their rights.
  • Contact an attorney for guidance on compliance and employee protection.

General Reminders

  • Do not sign anything you don’t understand.
  • Have a family safety plan in case someone is detained.
  • Memorize the phone numbers of trusted people and your attorney.
  • Know your “A-number” if you have one and keep your documents safe.

Disclaimer: This guide is for general informational purposes only and is not legal advice. Reading this material does not create an attorney-client relationship between the California Public Defenders Association or any attorney associated with the California Public Defenders Association.

Immigration law is complex and constantly changing. If you are facing legal proceedings or have questions about your rights, you should speak with an immigration attorney.

For additional resources and legal information, visit the

Immigrant Legal Resource Center (ILRC)