Last updated: February 2025
Because of changes in federal immigration policy and enforcement in January, the Office of the California Attorney General, Santa Cruz County officials and community groups are informing Santa Cruz County immigrants about their legal rights.
Listen to a Noticias Watsonville episode about immigration rights and resources.
Rights of undocumented immigrants in California when interacting with law enforcement
From the Office of the California Attorney General:
- State and local law enforcement cannot ask for your immigration status for immigration enforcement.
- Local law enforcement in California cannot assist federal agencies with immigration enforcement, with some exceptions.
- Undocumented immigrants have the right to an attorney if arrested by police. People of any immigration status who are arrested by police have the right to a public attorney if they cannot afford one.
- Undocumented immigrants do not have the right to a public defender if detained by Immigration and Customs Enforcement (ICE). However, detainees can pay for legal assistance from private attorneys or nonprofit organizations, and should consider having a lawyer read any document before signing it.
- Undocumented immigrants have the right not to self-incriminate by remaining silent.
- Undocumented immigrants have protection from unlawful search and seizure. Immigration enforcement officials legally need a federal warrant to enter homes, businesses and schools. Undocumented migrants do not have to open their door for immigration officials or law enforcement unless presented with a judicial warrant.
- Find more rights under California’s SB54. It went into effect in January 2018. The Office of the California Attorney General has a list of immigrant rights and other resources, and a quick reference guide in English and Spanish.
How to prepare for enforcement of unauthorized immigration in California
From the Community Action Board of Santa Cruz County:
- Memorize the phone number for an emergency contact in case of immigration detention. A family member or attorney are some options.
- Parents should fill out a child care plan. It includes details of who will care for their children in case a parent is detained or deported. The document can allow a designated caregiver to travel with children, take them to the doctor and sign them up for school and public benefits. Tell your family and designated caregiver about the plan.
- Prepare for potential legal defense. Many people use public notaries or notarios to help with immigration concerns, but only bar-certified lawyers or organizations accredited by the U.S. Department of Justice can legally assist with immigration paperwork. Consider putting money aside for private legal services.
- Emergency contacts should have an immigrant’s immigration number (A-number) to help find a person in detention. U.S. Immigration and Customs Enforcement locator can search for detainees by name or immigration number. Detainees may be held at federal immigration detention centers in McFarland, Adelanto, Bakersfield, San Diego and Calexico or outside California.
- Many organizations distribute “red cards” with advice for individuals interacting with immigration enforcement. The card can be handed to immigration enforcement to assert legal protections against self-incrimination and unlawful searches. They can be printed in several languages.
Other rights of undocumented people in California
From the Office of the California Attorney General:
- Children without legal status have a right to a free public education without discrimination. Parents do not have to disclose their immigration status to schools.
- Undocumented immigrants have the right to access emergency medical care.
- Housing providers cannot ask your immigration status except for some federally-funded housing programs. It is illegal for a landlord to threaten to report a tenant to immigration enforcement.
More immigration resources
- Your Allied Rapid Response runs a hotline to report possible sightings of immigration enforcement in Santa Cruz County at 831-239-4289.
- The American Civil Liberties Union lists a local rapid response network to report immigration enforcement in Monterey County at (831) 643-5225 and phone numbers for other counties.
- The County of Santa Cruz has more information about undocumented immigrants’ access to housing, health care and legal services.
- The Community Action Board of Santa Cruz County maintains a list of recommended nonprofit and private immigration lawyers.
- Sus Derechos, a site from the Santa Cruz County Office of Education and local nonprofits, has information on immigrant rights, legal assistance and other resources.
- U.S. Immigration and Customs Enforcement locator can search for detainees by name or immigration number.
- Law Help CA has detailed legal information for immigrants and referrals to legal assistance.
- The County of Santa Cruz lists immigration resources.
- California Attorney General resources for immigrant communities
- California Attorney General’s guidance and model policies for public institutions.
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