Immigration Enforcement in California: Policies, Practices, and Controversies

Immigrants have dramatically shaped the United States. For years, people worldwide have come to America in search of a better life. However, in recent years, immigration has become a polarizing and controversial topic in the country. As the government continues to grapple with this complex issue, the state of California has taken numerous steps in 2024 and in previous years to protect the rights of immigrants and make sure they can build a life in the U.S. where they can thrive. 

Deportation Issues

It is important to understand that immigrants can be deported if they are convicted of a crime, if they fail to follow the terms of their Visa, or if they are found to be in the country illegally. However, there are many exceptions to these rules that can make the situation even more complicated. For instance:

  • A conviction for a crime can lead to mandatory deportation or, depending on the circumstances, other discretionary deportation.
  • Immigrants can be detained while their deportation case is pending or can be released on bond.
  • Immigrants may avoid deportation due to the cancellation of removal or asylum. 

As a result of the complicated nature of immigration law, it is crucial to reach out to an experienced California immigration attorney when experiencing any deportation issues. These legal professionals can help you understand your legal options and determine the course of action you should take.

Can Police Officers Ask a Person About Their Immigration Status?

Although police officers are not allowed to ask about a person’s immigration status, it is important to note that no one is legally required to answer these questions. Every individual has the right to remain silent when questioned by officers, including questions about their immigration status. It is also important to remember that anything you say to the police officers can be used against you in court, so it is advisable to provide them with only basic details, such as your name and address if asked. Otherwise, it is best to remain silent and ask to speak to a legal professional if you are arrested.

Other Actions That Are Prohibited in California

In addition to prohibiting local law enforcement from asking a person’s immigration status, California also does not allow officers to detain an individual on a hold request from the federal government unless there is a warrant or felony, nor transfer undocumented immigrations into federal custody unless convicted in the last 15 years of a crime that has been mentioned in the California Trust Act, or they are a registered sex offender. 

Contact Herrera Clifton Hess Today To Learn More About Immigration Enforcement in California

Immigration law is a complex area of law that covers a wide range of issues. It deals with whether non-citizens are allowed to enter the United States for a limited purpose and duration, whether they can live, work, and raise a family in the U.S., and whether they can seek asylum from persecution in their home country. Immigration law also addresses removal defense if a non-citizen is facing the threat of removal due to a criminal conviction or unlawful presence in the United States. However, the Ventura Immigration Law Firm of Herrera Clifton Hess is well-versed in these legal areas and ready to help you with any issues you have.

For further information about immigration enforcement in California or to discuss your case, contact Herrera Clifton Hess today.