What immigrants in Berkeley should know about their rights

With Donald Trump inaugurated for his second term Monday, fear is rising among undocumented immigrants in California. As a sanctuary city, Berkeley may be the target of Trump’s mass deportation plans. 

Last week, border-patrol agents showed up in unmarked vehicles in Fresno and Kern Counties and arrested at least 78 undocumented immigrants, according to ABC7. 

In his inaugural speech, Trump promised to deport “millions and millions” of people, although local immigration nonprofits have warned against spreading fear in immigrant communities through news of unverified raids.

In particular, they’ve cautioned: Do not spread rumors on social media. Do not help ICE spread panic. Do not pass on unverified reports of raids.  

They have also called for the population to stay alert, informed and, most important, to know they have rights under the law.

As a sanctuary city, Berkeley police and other city employees have pledged not to help ICE with an investigation, detention or arrest unless there is a valid, limited-in-scope court warrant signed by a district judge. The city also takes strides to limit the information it keeps about residents’ immigration status. The Berkeley school district, UC Berkeley and Berkeley City College have similar policies.

Here are some resources for immigrants as Trump takes office on Monday:

Report ICE activities and get legal assistance

If you see Immigration and Customs Enforcement (ICE) agents in Berkeley or Alameda County, you can call the 24-hour hotline 510-241-4011 to report them. The hotline is operated by a coalition operated by a coalition, called the Alameda County Immigration Legal & Education Partnership (ACILEP), which includes the Public Defender’s Office.

Hotline staff will do a raid verification aimed at dispelling false rumors and lessening panic.

If someone is detained by ICE in Alameda County, you can also call the hotline for emergency legal representation. 

Save the number 510-241-4011 on your phone. 

The East Bay Community Law Center is among the local groups offering free or low-cost legal help. 

Know your rights

All people in the United States, regardless of immigration status, have certain rights and protections under the U.S. Constitution. 

The California Values Act “means the police cannot ask you about your immigration status or deport you solely on immigration charges,” according to East Bay Sanctuary Covenant. “If you are arrested, the police cannot transfer you to ICE custody unless you have a felony or high level misdemeanor conviction (DUIs; sale, possession, or use of drugs; domestic violence; robbery; murder).”

Carry and show a red card to assert your rights. It’s a card created by the Immigrant Legal Resource Center. They are printed with your rights under the U.S. Constitution, and a statement that you are exercising your right to remain silent. 

Immigrants can show red cards designed by the Immigrant Legal Resource Center to assert their rights.

You can print your own red cards here. They are available in 16 languages.

If an ICE agent stops you on the street

Keep calm. 

Always ask the officer, “Am I free to go?” If the answer is “yes,” you can walk away.

If the answer is “no:”

Do not walk away Do not answer any questions  Ask for a lawyer Do not talk about your immigration status Do not talk about when and how you came to the United States

If an officer begins to search you, say, “I do not consent to this search.”

If an ICE agent comes to your home

Do not open the door. Ask the officer to slip a valid search warrant under your door. If they don’t have a valid search warrant, they cannot enter your home. If the agents don’t speak your language, ask for an interpreter.

A valid search warrant will be:

Signed by a judge or magistrate (not an immigration official) Show the address to be searched State in detail where the agent will search

Check out the warrant. Look at the top and at the signature line to see if it was issued by a court and signed by a judge. Only a court/judge warrant grants ICE permission to enter your premises. One issued by the Department of Homeland Security or ICE, and signed by a DHS or ICE employee, does not.

Do not resist if ICE agents force their way in. Say “I do not consent to your entry,” but do not physically resist.

If an ICE agent comes to your home with a warrant for removal/deportation

A search warrant is not the same as a warrant for removal/deportation. 

You do not have to let ICE agents into your home if they only have a warrant for removal/deportation.

If you are arrested by an ICE agent

You have a right to an attorney. Ask to speak to a lawyer immediately.  

You have a right to remain silent. Do not answer questions. 

Do not sign anything without a lawyer. 

Do not lie or show fake documents. 

Do not talk about your immigration status. Do not talk about when and how you came to the United States.

Remember your immigration number (“A” number) and give it to your family. It will help family members locate you.

To find someone who has been detained, access ICE’s online detainee locator, or call the ICE Northern California field office at (415) 365-8800.

Family emergency plan

East Bay Sanctuary Covenant recommends families:

Have your lawyer’s contact saved on your phone.  Save money for legal and court fees Have your and your children’s documents well organized  Give a trusted attorney power of attorney to make decisions for your family on your behalf.  Find a trusted person and give them access to your finances Find someone who will care for your children in case of deportation or detention and give them legal power to take care of your children.  Have your children’s documents well organized

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A version of this story was first published on Mission Local, a nonpartisan, nonprofit news site based in San Francisco’s Mission District. Berkeleyside staff contributed reporting to the story.