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Civil rights for undocumented immigrants

On Behalf of | Jun 22, 2021 | Immigration Law

Over the past few years, California legislators have made an effort to protect immigrants. The state has passed several laws to uphold labor and civil rights when it comes to immigration. These laws give immigrants access to higher education and dictate the role law enforcement plays in maintaining immigration law. The California attorney general, who is the top law enforcement officer in the state, is responsible for facilitating effective immigration law enforcement. If you or your family members reside in California, here are some important things you should know about the state’s immigration laws.

TRUTH Act

The TRUTH Act, or the Transparent Review of Unjust Transfers and Holds, went into effect in January 2017. The Act ensures that law enforcement professionals give individuals in their custody due process and details about their rights if they are contacted by federal immigration authorities.

Before an individual goes through an interview with Immigration and Customs Enforcement, local law enforcement must give the individual a written consent form in a language that the individual understands. The document should explain the purpose of the interview and should clearly state that the interview is voluntary. The document must also state that the individual can decline the interview or choose to be interview only with their attorney present.

Receiving a detainer

If an individual receives a detainer, transfer request, or notification, local law enforcement should provide a copy of the request and inform the individual about whether law enforcement plans to comply with the notification or request. Individuals should know what to expect during each phase of the immigration process and California laws are in place to ensure immigrants’ civil rights are protected.