California immigration lawyer Attorney Nelson has decades of experience in immigration law and regularly shares his knowledge with his clients. Today he will be sharing a few things that you need to know to give you a better understanding of immigration law and your rights as an immigrant living in the U.S.
25 Things You Need to Know From an Experienced California Immigration Lawyer
1. In the state of California, state and local law enforcement officials are PROHIBITED from transferring any undocumented immigrants into federal custody UNLESS they’ve been convicted of a crime noted in the California’s Trust Act in the last 15 years OR if they are a registered sex offender.
2. State and local law enforcement officials in California are also PROHIBITED from asking your immigration status.
3. Information about your immigration status that is not available to the general public CANNOT be shared with federal immigration authorities by state and local law enforcement officials.
4. Although federal immigration authorities CANNOT be given information about your immigration status by state and local law enforcement that is not available publicly, they CAN find out information about your immigration status through a database when you are fingerprinted upon your arrest.
5. Employers ARE required by federal law to verify your eligibility to work within the U.S. according to the federal employment eligibility verification rules and the I-9 form requirements. If you need help obtaining eligibility to work within the U.S. a California immigration lawyer can assist you with that process.
6. In the state of California private employees are NOT required to use the E-Verify system to verify your eligibility to work within the United States.
7. Anyone seeking state identification or a driver’s license within the state of California IS required to show verification of their birth date AND proof of their legal presence within the U.S.
8. Federal law determines that illegal immigrants living in the United States ARE eligible to receive emergency services, health care, and other public programs that have been identified as “necessary to protect life and safety.” However, illegal immigrants are NOT permitted to receive access to public benefits.
9. Despite efforts to prevent the rental or provision of housing to illegal immigrants, the state of California does NOT have any law that prevents the rental or provision of housing to illegal immigrants at this time.
10. Landlords in California are NOT allowed to report any of their tenants to the U.S. Immigration and Customs Enforcement based on vague suspicion or as the result of illegal research.
11. Landlords in California are also also NOT permitted to use a tenant’s immigration status to threaten eviction from property.
12. Employers in California are NOT permitted to conduct ICE workplace inspections without they have an official warrant to do so.
13. Employers in California who receive a federal inspection notice for an ICE workplace inspection MUST notify their employees within 72 hours of receiving that notice.
14. State and local law enforcement officers may NOT arrest you based solely on your immigration rank.
15. If you are an undocumented immigrant in the U.S. and you are arrested, do NOT answer ANY questions, only say “I need to speak to my lawyer” and keep silent until your California immigration lawyer arrives to speak with you. It’s imperative that you say absolutely nothing aside from asking for your attorney because anything you do say can be used against you.
16. If you are arrested and you are an undocumented immigrant, do NOT share any documents (unless you have documents proving your legitimate immigration status) and do NOT share any information about your place of birth until your attorney arrives and speaks with you.
17. If the police department, FBI, immigration or other government official comes to your home seeking entry, you have the right to ask to see a warrant. That warrant will state the EXACT areas of your home that are to be searched and you need to know that other areas of your home may NOT be searched.
18. If immigration officials show up at your workplace they MUST have a warrant that has been signed by a judge OR they must have permission from your employer to come into your place of work UNLESS you work in a public place.
19. If immigration officials show up at your workplace or home contact your California immigration lawyer immediately NEVER run away and don’t panic, these things can be construed as guilt.
20. If you get arrested do NOT sign ANY documents until you can speak with your California immigration lawyer. Use your one telephone call to contact your attorney or a family member who can do this for you.
21. As a foreign national if you are arrested in the U.S. you have the right to contact your consulate or to ask the deportation officer notify the consulate that you have been arrested. You can also ask the officer to show you a list of embassies so that you can write down the phone number. Your consulate may be able to help you to contact your family or help you to get in touch with an attorney.
22. If you are accused of a crime it’s important that you get in touch with your immigration attorney to make sure that the accusation of the crime will not impact your immigration status.
23. ALWAYS keep your California immigration lawyer’s contact information with you in case you should need it. Make sure that your family also have your attorney’s contact information on hand should they need it. You can contact Attorney Nelson with the following information:
Nelson and Associates
301 E. Colorado Blvd., Suite 325
Pasadena, CA 91101
24. Print off and keep a “Know Your Rights” card with you at all times and if you are taken into custody provide that card to officials and call your attorney. This card declares your right to remain silent and decision to do so until your attorney arrives.
25. If you have a green card or other VALID legal immigration document carry it with you at all times and be sure to keep a copy of it in a safe place.
Looking for a California Immigration Lawyer?
If you’re looking for the best California immigration lawyer to help you through the immigration process? Just pick up the phone and dial 626-683-3451 today to get the reputation that you deserve.