Know Your Rights

The City of Santa Ana is committed to the safety of all residents regardless of religion, race, ethnicity, sexual orientation, country of origin, or immigration status. Immigrants who are stopped, arrested or detained by immigration or other law enforcement agencies have certain rights. If you encounter law enforcement at work, on the street, after a traffic stop, or at home, you usually have the same constitutional rights as U.S. citizens, but you may have fewer rights when interacting with law enforcement agents at the border or an airport.

Disclaimer: This Know Your Rights resource page provides general information. It is not legal advice.  Talk to an immigration lawyer for legal advice about your specific situation.

Know Your Rights - FAQs

What can I expect when encountering law enforcement at the border or an airport?

  • Law enforcement can stop, detain, or search you if they have ‘reasonable suspicion’ that you are involved in criminal activity. However, law enforcement cannot search you based on your race, gender, religious, or country of origin.
  • Law enforcement have the authority to ask you about your immigration status, the purpose of your visit, and other questions to determine whether you have permission to enter the U.S.
  • Remaining silent can result in law enforcement denying you entry into the U.S. You can choose not to answer questions, but law enforcement can and likely will deny you permission to enter the U.S.
  • You DO NOT have the right to have an attorney when you are being questioned about your immigration status. But you can have an attorney present for questions unrelated to your status.
  • You have the right to claim fear of returning to your home country. If you are told that you do not have permission to enter the U.S., but you fear persecution or torture if sent back to your home country, tell the border agent and ask for asylum. You may be eligible for immigration relief.
  • ALWAYS SPEAK to an immigration lawyer before leaving the U.S. In some cases, if you leave, you may not be allowed to come back into the country for a certain number of years.

What forms can I prepare prior to ICE detainment?

  • Consult with an immigration attorney with deportation or removal experience.
  • Signed DHS Form G-28: This form allows an attorney to speak on your behalf. If ICE detains you far from your attorney, getting it signed after the fact can delay your case. You can search ‘G-28 form’ online and sign it in advance or access it here: Learn more about and download the G-28 form
  • Signed ICE Form I-246: This form requests a pause on deportation. Just like the G-28 form, it should be signed before detention to avoid delays. Search ‘I-246 ICE’ online, print, and sign it in advance or access it here: Download the I-246 Form

What should I do if Immigration shows up at my work?

  • You have the right to REMAIN SILENT. You do not have to answer any questions about your immigration status, background, or your colleagues. If you answer questions, Immigration may ask you for your immigration documents.
  • DO NOT attempt to run away. Immigration will suspect that you are undocumented and attempt to arrest you. It is safer to continue working, ask if you are being detained, and calmly ask if you may leave.

What should I do when Immigration or other law enforcement approach me on the street?

  • You generally have the right to REMAIN SILENT. You do not have to answer questions about your immigration status, where you were born, where you live, where you are from, or whether you have documents. Even if you have answered some of their questions, you can decide to not answer more questions. You should never lie about your immigration status, as that can have serious consequences.
  • You have the right to SPEAK TO A LAWYER. You should speak to a lawyer before you answer questions about your background or immigration status.
  • If you have valid immigration documents, you should show them when asked. The law requires immigrants who have been issued valid immigration documents to carry those documents with them at all times. If you are undocumented, you can refuse to answer questions about your immigration status or whether you have documents.

What should I do when Immigration knocks on my door?

  • DO NOT let Immigration into your home and DO NOT step outside. Immigration must have a warrant signed by a judge or an occupant’s consent to enter your home. ICE will often trick you into giving consent by saying they are investigating a crime or need to “take a quick look around” or “come in to talk.” They might also show you a warrant that isn’t signed by a judge.
  • ASK to see the warrant. They can slip it under the door or hold it up to a window. Do not step outside.
  • CHECK if the warrant is signed by a judge. If they do not have a warrant or it isn’t signed by a judge, say, “I don’t want to talk right now.” or “I do not have to let you in.”

Who might try to ask me about my immigration status?

  • ANY law enforcement agent may try to ask you questions about your background, immigration status, family members and colleagues, among other topics. This includes not just Immigration, but also local and state police and federal agents from several different law enforcement agencies.
  • ‘Immigration’ usually refers to Immigration and Customs Enforcement (ICE) and Customs and Border Patrol (CBP). ICE and CBP are in charge of immigration enforcement within the United States and at the border, respectively. ICE agents often impersonate ‘police’ by wearing police badges, tactical gear, and other police indicia, and by announcing themselves as police.

Santa Ana Ayuda Sin Fronteras

Santa Ana Ayuda Sin Fronteras ("Help without borders") is a City-led emergency relief program approved by the City Council that provides direct assistance to families affected by immigration enforcement actions.

Community Resources

The City of Santa Ana has put together a list of immigration and community resources to help residents, including housing assistance, food distribution, healthcare access, immigration and legal services, and more.

Protecting Workers and Tenants from Immigration Status Harassment

  1. For Workers: Discrimination based on national origin, including immigration status, may be against the law. Please contact a labor and employment attorney.
  2. For Tenants: Landlords cannot harass or threaten tenants based on their immigration status. California law explicitly prohibits this. Find a template letter HERE.

Messages from City of Santa Ana

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Note: Visit our YouTube playlist or click the three horizontal stripes in the top right corner to view all of the messages from the City.

This information on this page was derived from the National Immigration Law Center, OC Labor Federation, and OC Rapid Response Network (OCRRN).  Visit their webpages for additional information and resources.

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