Know Your Rights - Immigration

The City of Emeryville leadership and staff want to assure Emeryville residents that we are committed to protecting and supporting our immigrant community. This webpage is designed to ensure all residents and community members understand their constitutional rights, regardless of immigration status.

Below you will find trusted resources from government agencies and legal service organizations that provide clear, accessible information about your rights as a member of our community.

If you have to deal with Immigration and Customs Enforcement (ICE) or other law enforcement officers at home, on the street, or anywhere else, remember that you have rights:

You have the right to remain silent. You may refuse to speak to immigration officers. Don’t answer any questions. You may also say that you want to remain silent. Don’t say anything about where you were born or how you entered the U.S. Carry a know-your-rights card and show it if an immigration officer stops you. This card explains that you will remain silent and that you wish to speak with an attorney.
Do not open your door. To be allowed to enter your home, ICE must have a warrant signed by a judge. Do not open your door unless an ICE agent shows you a warrant. If an ICE agent wants to show you a warrant, they can hold it against a window or slide it under the door. To be valid, the warrant must have your correct name and address on it. You do not need to open the door to talk with an ICE agent. Once you open the door, it is much harder to refuse to answer questions.
You have the right to speak to a lawyer. You can simply say, “I need to speak to my attorney.” Before you sign anything, talk to a lawyer. ICE may try to get you to sign away your right to see a lawyer or a judge. Be sure you understand what a document actually says before you sign it.
Always carry with you any valid immigration document you have. For example, if you have a valid work permit or green card, be sure to have it with you in case you need to show it for identification purposes. Do not carry papers from another country with you, such as a foreign passport. Such papers could be used against you in the deportation process.
If you are worried ICE will arrest you, let the officer know if you have children. If you are the parent or primary caregiver of a U.S. citizen or permanent resident who is under age 18, ICE may “exercise discretion” and let you go.
Create a safety plan. Memorize the phone number of a friend, family member, or attorney that you can call if you are arrested. If you take care of children or other people, make a plan to have them taken care of if you are detained. Keep important documents such as birth certificates and immigration documents in a safe place where a friend or family member can access them if necessary. Make sure your loved ones know how to find you if you are detained by ICE. They can use ICE’s online detainee locator to find an adult who is in immigration custody. Or they can call the local ICE office. Make sure they have your alien registration number written down, if you have one. You can call the Executive Office for Immigration Review (EOIR) hotline number at 240-314-1500 or 1-800-898-7180 (toll-free) 24 hours a day, 7 days a week to get information on your case’s status.

How can the City of Emeryville support me?

The City of Emeryville will not use any of its resources or staffing (including police staff) to participate in or support enforcement of federal immigration law. The City does not hold individuals in custody based on their civil immigration status unless the person is charged with certain serious offenses or is a sex- or arson- registrant. The City continues to cooperate with the federal government on matters involving criminal activity and protecting public safety, and will continue to abide by lawful court orders.
As California residents, our federal and state lawmakers are here to help:
- Congresswoman Lateefah Simon: Contact the Oakland District Office at 510-763-0370
- Senator Alex Padilla: Contact the San Diego Office for federal issues at 619-239-3884 or the San Francisco Office at 415-981-9369
- Senator Adam Schiff: Contact the Washington DC Office for all issues at 202-224-3841
- CA Assemblymember Mia Bonta: Contact the Oakland District Office at 510-286-1670
- CA Senator Jesse Arreguin: Contact the Oakland District Office at 510-286-1333

Resources on community rights and how to be prepared (in multiple languages)

Alameda County Immigration Legal and Education Partnership (ACILEP): call 510-241-4011 for rapid response and immigration legal services
Centro Legal De La Raza: call 510-437-1554 or info@centrolegal.org for information on immigrants' rights, tenants' rights, and more
Council on American-Islamic Relations (CAIR): call 202-742-6420 to file a complaint about a civil rights matter
Alameda County Public Health Department guidance
Printable red cards in eight languages to distribute to community members
A downloadable, fillable, and printable Family Preparedness Plan(PDF, 492KB)
A know-your-rights handout in eight languages to help families prepare for a possible interaction with ICE
Know Your Rights tutorial video in seven languages to help prepare you for encounters with Immigration & Customs Enforcement (ICE)
A list of Rapid Response Network phone numbers for regions throughout California
A directory of non-profit legal services providers across the country
10 Things Noncitizen Protestors Need to Know (English(PDF, 120KB)/Spanish(PDF, 120KB))
What to do in the first 24 hours when someone is detained
ICE out of California resources
Asian Law Caucus’s Workers Rights team, Winifred Kao at winifred@asianlawcaucus.org
ACLU NorCal provides information in the case you are approached by ICE at your workplace
Lawyers Committee for Civil Rights of the San Francisco Bay Area: Rapid Response for Immigrant Businesses
Public Counsel: FAQs on Nonprofit and Small Business Rights with Respect to Immigration Enforcement
National Employment Law Project & National Immigration Law Center: What to Do if Immigration Comes to Your Workplace

Attorney General Bonta to California’s immigrant communities: Free or low-cost immigration legal help is available

California Attorney General Rob Bonta today again released guidance to help California's immigrant communities find legitimate immigration help and avoid immigration scams by those seeking to take advantage of fear and uncertainty resulting from President Trump’s cruel mass detention and deportation campaign. The alert released today provides tools for people looking to hire free or low-cost legal help.

“Before writing a big check and hiring someone offering to help with immigration matters, I urge people to familiarize themselves with existing resources that are often available at little or no cost,” said Attorney General Bonta. “In California, we know that immigrants are the backbone of our communities, a driving force behind our economy, and an essential part of our history as a state. Amid the President’s destructive immigration agenda, there are people who legitimately want to help our immigrant communities. Californians can find legal help at low or no cost with a legal aid organization at www.lawhelpca.org. If folks are outside of California, they can find help at www.immigrationlawhelp.org.”

Access Free and Low-Cost Legal Assistance

Visit Law Help CA or Immigration Law Help to find immigration assistance near you.

Find free immigration help through the U.S. Department of Justice’s list of no cost legal service providers and list of accredited representatives.

Protect Yourself from Immigration Scams

If you need help applying for immigration relief, be careful who you hire. Watch out for immigration scams that can cost you thousands of dollars and/or harm your immigration status. Here are some tips and resources to help:

Confirm that anyone helping you with your case is licensed or accredited. Only lawyers, accredited representatives, and recognized organizations can give you legal advice or represent you in immigration court. Some immigration consultants may fraudulently call themselves immigration lawyers. If someone claims they are licensed in California or another state and can practice immigration law, confirm they are licensed and in good standing in that particular state by visiting americanbar.org/groups/legal_services/flh-home/flh-lawyer-licensing. If someone claims to be an accredited representative or recognized organization, visit justice.gov/eoir/recognition-accreditation-roster-reports to confirm that information.

Go to a legitimate legal aid organization for free legal help. Many nonprofit organizations provide free immigration help to low-income individuals. To find a legal aid organization near you, go to lawhelpca.org.

Keep your original documents in a safe place. Don’t give your original documents to anyone unless you see proof that the government requires the original document. Make sure you have a trusted emergency contact who can access these documents. Keep copies of all immigration-related documents, including copies of documents filed with the government and communications with the government, in a safe place.

Do not give money or personal information to anyone who calls, texts, or emails you claiming that there is a problem with your immigration matter. No federal or state agency, including U.S. Citizenship and Immigration Services (USCIS), will ever ask for your personal information or payment over the phone, by email, or text. Be skeptical of social media or other ads promising new or quick immigration help.

If You are the Victim of an Immigration Scam

Report it to the California Department of Justice at oag.ca.gov/report. You can also contact your local District Attorney or county department of consumer affairs.

You can get help from a legitimate legal aid organization at lawhelpca.org.

For more do’s and don’ts, see the full “Protecting Yourself from Immigration Scams” consumer alert here. The alert is available in Spanish here.

What is Notario Fraud?

Only lawyers, accredited representatives, and recognized organizations can give you legal advice or represent you in immigration court. Immigration consultants — who may call themselves immigration experts, notarios, notaries public, or paralegals — cannot do so.

In many Spanish-speaking nations, “notarios” are powerful attorneys with special legal credentials. In the United States, however, notary publics are people authorized by state governments to witness the signing of important documents and are not necessarily authorized to provide legal services. A notario público is not authorized to provide people with any legal services related to immigration.

How to Locate Detained Loved Ones

Try to find your loved one’s Alien Registration number (A-Number), which is on their immigration documents. If someone has not previously had contact with immigration authorities or has not applied for an immigration benefit, they will not have an A number but will be assigned one if detained. To find someone in detention, search locator.ice.gov by their A-Number or by their full name and country of birth. Once you identify the detention center, go to ice.gov/detention-facilities for location, visiting, and other information. Using the A-Number, you can look up immigration court hearing information at acis.eoir.justice.gov. For more information, please visit nilc.org/resources.