December 19, 2024 - SAN FRANCISCO – In response to the President-elect’s threats of mass arrest, detention, and deportation, California Attorney General Rob Bonta today held the second in a series of five regional convenings with immigrant rights groups, elected officials, and others in San Francisco. During the convening, the Attorney General and California Department of Justice (CADOJ) staff shared resources, heard concerns, and discussed CADOJ’s ongoing efforts to protect California’s immigrant communities. In recent weeks, the Attorney General has released guidances to help California immigrants better understand their rights and protections under the law and avoid immigration scams by those seeking to take advantage of fear and uncertainty ahead of Inauguration Day. The Attorney General also issued updated model policies and recommendations to help public institutions like schools, hospitals, and courts comply with California law limiting state and local participation in immigration enforcement activities.
“We know that there is a lot of fear and anxiety from California’s immigrant communities stemming from the President-elect’s promise of mass deportations,” said Attorney General Bonta. “These convenings are an opportunity to share important guidance to help immigrants understand their rights under the law and to learn from organizations that have their ear to the ground about the issues facing different communities in different regions across the state. I want to thank my entire team for their tireless work to prepare for the challenges ahead. Rest assured, if the President-elect breaks the law, we will be ready.”
Know Your Immigration Rights and Protections Under the Law
- You have the right to apply for and secure housing without sharing your immigration status. California law prohibits housing providers from asking about your immigration status unless you are applying for affordable housing funded by the federal government. Additionally, housing providers cannot harass or intimidate you by threatening or sharing information about your immigration status to ICE, law enforcement, or other government agencies.
- You have the right to access emergency medical care. Federal laws and regulations ensure the rights of all people to access emergency medical care, including undocumented immigrants.
- You have the right to an attorney. If you are arrested by police, you have the right to a government-appointed attorney. If you are detained by ICE and/or are facing immigration proceedings, you have the right to seek legal assistance through an attorney.
- State and local law enforcement cannot ask for your immigration status. California law expressly prohibits law enforcement from inquiring about a person’s immigration status for immigration enforcement purposes.
- State and local law enforcement cannot share your personal information. This includes sharing your home or work address for immigration purposes, unless that information is available to the public or unless that information involves previous criminal arrest, convictions or similar criminal history.
- State and local law enforcement cannot assist ICE with immigration enforcement, with very limited exceptions. This means they cannot investigate, cannot interrogate, cannot arrest, and cannot detain you unless it is as part of joint federal task force where the primary purpose is not immigration enforcement.
The full “Know Your Immigration Rights” consumer alert is available in English, Spanish, Chinese, Korean, Tagalog, and Vietnamese at oag.ca.gov/immigrant/resources.
Protect Yourself from Immigration Scams
If you need help applying for immigration relief, be careful who you hire. Watch out for immigration scams that can cost you thousands of dollars and/or harm your immigration status! Here are some tips and resources to help:
- Go to a legitimate legal aid organization for free legal help. Many nonprofit organizations provide free immigration help to low-income individuals, such as those found through the resources below. To find a legal aid organization near you, go to lawhelpca.org.
- Keep your original documents in a safe place. Don’t give your original documents to anyone unless you see proof that the government requires the original document. If you give someone an original, they may lose it or refuse to return it unless you pay them.
- Do not hire an immigration consultant or a notary. Only lawyers, accredited representatives, and recognized organizations can give you legal advice or represent you in immigration court. Immigration consultants – who may call themselves immigration experts, notarios, notaries public, or paralegals – cannot do so.
- Do not give money or personal information to anyone who calls, texts, or emails you claiming that there is a problem with your immigration matter. No federal or state agency, including USCIS, will ever ask for your personal information or payment over the phone, by email, or text.
For more dos and don'ts, see the full “Protect Yourself from Immigration Scams” consumer alert available in English, Spanish, Chinese (Simplified), Korean, Tagalog, and Vietnamese at oag.ca.gov/immigrant/resources.
Guidance and Model Policies for Public institutions
In December 2024, Attorney General Bonta issued updated guidance to help staff develop practical plans to protect the rights of immigrants and their families to safely access public institutions by limiting support of immigration enforcement activity at these institutions. While the guidance is tailored to certain types of public institutions, any institution that is accessible to the public may choose to adopt a similar policy to protect the rights and safety of their patrons.
- Guidance and Model Policies to Assist California’s Superior Courts
- Guidance and Model Policies to Assist California’s Healthcare Facilities
- Guidance and Model Policies to Assist California’s Colleges and Universities
- Guidance and Model Policies to Assist California’s K-12 Schools
- Guidance and Model Policies to Assist the Division of Labor Standards Enforcement, the Agricultural Labor Relations Board, and the Division of Workers Compensation
- Guidance and Model Policies to Assist California’s Public Libraries
- Guidance and Model Policies to Assist California Shelters
Access Free and Low-Cost Legal Assistance
Visit Law Help CA or Immigration Law Help to find immigration assistance near you.
File a Complaint
If you believe your rights have been violated, report it to the California Department of Justice at oag.ca.gov/report.
If you believe you were subject to discrimination, harassment or retaliation, report it to the California Civil Rights Department at calcivilrights.ca.gov/complaintprocess/.
Source: CA. DOJ