Illegal, that California police ask immigration status

California cities have violated the sanctuary law, according to the ACLU Human Rights organization.

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LOS ANGELES.- The American Civil Liberties Union (ACLU) filed this Monday two legal complaints against two cities in California and Orange County, for violating the sanctuary law. This means that police officers cooperate with the migration office, but "it is illegal" to do so, according to the organization. Here you will find a list of rights what is important that you remember, in case the police stop you or arrest.

According to legal complaints presented by this organization, the county of Orange and the cities of Tustin Y Huntington park breached the law SB 54, known as the Securities Act and that limits collaboration between the Local police and the Immigration and Customs Control Service (ICE).

Jessica Karp Bansal, a lawyer from the ACLU office in southern California, said in a statement that "It is illegal" that police officers detain local residents to deliver them to ICE. "It has devastating effects for their families and their communities," he added.

Complaints filed by ACLU are related to arrests of Kelvin Hernández Román Y Jose Maldonado, whose rights "were violated in multiple ways."

Hernandez, 32, was arrested on July 13, 2019 by two Tustin Police Department agents for an alleged problem with the polarized windows of his car. The officers made several questions about your migratory state, which according to the complaint, are a clear violation of the California Securities Act, which states that local authorities cannot "investigate the immigration status of an individual."

Hernandez was taken to the jail of Theo Lacywhere the officers of Orange County Sheriff's Department they informed him that they would not present charges against him after the traffic stop, but he remained in detention until the immigration authorities went to pick it up.

A similar situation lived Maldonado, arrested on July 15, 2019 by agents of the Huntington Park Police Department for allegedly being intoxicated on public roads.

Although Maldonado was never charged, the police held him for more than seven hours until he was handed over to ICE officers.

ACLU emphasizes in its statement that "there is evidence that this has been a common practice of the Huntington Park police."

The 96% of the population of this small town located south of Los Angeles is latina.

Maldonado was released on bail, while Hernandez is being held at the immigrant center in Advancement, California.

Legal complaints seek a monetary compensation and request investigations into these incidents, in addition to training for law enforcement agencies SB 54 and other state regulations that protect immigrants.


The same ACLU organization has developed a list of recommendations so that you know your rights in case you are arrested or arrested by police in Los Angeles or cities in southern California, which are adhered to the sanctuary law:

  • The police and the bailiffs they can't ask you about your immigration status.
  • They can't arrest you just for having a deportation order or for most immigration offenses.
  • They cannot use ICE agents or the border patrol as interpreters.
  • They can't share your personal information, like your address, neither with ICE nor with the border patrol, unless it is publicly available.
  • If the police or sheriffs arrest you, they can't stop you for overtime in jail just for immigration agents to pick you up.
  • They cannot allow immigration agents to interview you without your written permission. You have the right to refuse any interview and the right to remain silent.
  • They cannot notify ICE or to the border patrol when you will be released, or transfer to their custody, although there are certain exceptions.
  • If they decide to notify or transfer you to immigration agents, they have to inform you in writing. This gives you more opportunities and time to prepare and fight your case.

For the exceptions and a more complete list of recommendations, you can directly consult the organization's page.

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