Know Your Rights
On November 8, 2016 Donald Trump was elected president of the United States. Since he took office on Janurary 20th, 2017 he has been making changes that affect immigrants and immigration enforcement.
What is immigration enforcement?
Immigration and Customs Enforcement (ICE) is the federal government agency that enforces immigration law.
There are already many laws about immigration enforcement, including:
- Who cannot come into the country
- Who has to leave
- Who is detained
What's happening now?
Recently, there are reports of increased Immigration Customs Enforcement (ICE) activity within communities nationwide. The County of Santa Clara stands by its residents and does not cooperate with ICE.
Under Board Policy 3.54, the County does not, under any circumstances, honor civil detainer requests from ICE by holding inmates on ICE’s behalf for additional time after they would otherwise be released from County custody. It is the policy of the County that the Sheriff may exercise discretion to facilitate the transfer of an adult inmate to ICE custody if an ICE agent presents a valid arrest warrant signed by a federal or state judicial officer, or other signed writ or order from a federal or state judicial officer authorizing ICE’s arrest of the inmate.
I think I see ICE in my community, what do I do?
The Office of Immigrant Relations urges all residents to reach out if they have encounters with ICE. The County has invested more than $500,000 into the Rapid Response Network (RRN), a hotline to report ICE activity and provide 24/7 help in real time. Residents should call the RRN hotline at (408) 290-1144 if they see ICE in their neighborhoods, if ICE knocks on their door, or if a loved one has been detained.
We all have basic rights.
The right to remain silent
- If you are arrested by the police or ICE officers, you have the right to remain silent. You may give them your Right to Remain Silent Card (Red Card). Download the red cards below
- Red Cards available in 8 languages
Protection from illegal searches and arrests in your home
- Unless they have a warrant signed by a judge, police or ICE may not enter your home without your permission
- Do not open your door or give them any information. Have them pass the court order under the door and verify that it is a valid court order signed by a judge. There are examples of a valid court order and an invalid order in the Know Your Rights booklet at the top of this page
What do I do if a loved one is arrested by ICE?
First, get as much information as you can about what happened to the person. Call the Santa Clara County Rapid Response Network (RRN) hotline so someone from the community can walk you through the process and connect you to an immigration attorney. The RRN hotline is: (408) 290-1144
The ICE website helps you find detained family members or friends: https://locator.ice.gov/odls/homePage.do. The website is helpful, but not always correct or updated. Keep checking!
Once you find out where they are, you can get contact information for the detention center at www.ice.gov/detention-facilities.
For a list of local legal services that provide deportation defense, scroll to the bottom of the page under Additional Resources.
What if I've been arrested by ICE?
Call the Santa Clara County Rapid Response Network (RRN) hotline immediately. The RRN will connect you to immigration attorneys and activate accompaniment teams to provide moral support to your family and loved ones. The RRN hotline is: (408) 290-1144.