Your Rights Under California & Federal Law

Your Rights Under California & Federal Law

The California Department of Justice (DOJ) publishes "Know Your Rights" information.

• You have the right to apply for and secure housing without sharing your immigration status. California law prohibits housing providers from asking about your immigration status unless you are applying for affordable housing funded by the federal government. Additionally, housing providers cannot harass or intimidate you by threatening or sharing information about your immigration status to ICE, law enforcement, or other government agencies.
• You have the right to access emergency medical care. Federal laws and regulations ensure the rights of all people, including undocumented immigrants, to access emergency medical care.
• You have the right to a workplace free of harassment and discrimination. Under California law, you are protected from harassment and discrimination based on your national origin, ancestry, race, ethnicity, and other protected characteristics. Your employer cannot threaten to call immigration authorities as retaliation for reporting harassment or discrimination on the job. Your employer is also not allowed to ask about or look into your immigration status, unless they must do so to comply with federal immigration law and regulations, and you are not required to share this information.
• You have the right to ask companies to stop selling your data or to delete your data. It is important to understand your data privacy rights, and it can be helpful to reduce the number of companies that are storing or selling data about you. For information on these rights and how to exercise them go to oag.ca.gov/privacy/ccpa.
• You have the right to an attorney. If you are arrested by police, you have the right to a government-appointed lawyer. If you are detained by ICE, you have the right to consult with a lawyer, but the government is not required to provide one for you. You can ask for a list of free or low-cost alternatives. To find a legal aid organization near you, go to lawhelpca.org.
• You have the right to access your police report. State and local law enforcement agencies cannot deny a victim of a crime access to their crime report because the victim cannot prove lawful presence in the country.
• Your child has a right to free public education regardless of immigration status. They also have a right to be in a public school learning environment free from discrimination, harassment, bullying, and intimidation. Schools must accept a variety of documents from the student’s parent or guardian to demonstrate proof of age and residency. Information about citizenship/immigration status is never needed for school enrollment. You do not have to share information regarding passports or visas, or regarding the immigration status of a child, parent, guardian or other family member. And you do not have to provide a social security number or other card for either enrollment or for free or reduced-price school breakfast and lunch.

• State and local law enforcement cannot ask for your immigration status for immigration enforcement purposes. California law expressly prohibits law enforcement from inquiring about a person’s immigration status for immigration enforcement purposes.
• State and local law enforcement cannot share your personal information for immigration enforcement purposes. This includes your home or work address for immigration purposes, unless that information is available to the public or unless that information involves previous criminal arrest, convictions or similar criminal history.
• State and local law enforcement cannot assist ICE with immigration enforcement, with very limited exceptions. This means state and local law enforcement cannot investigate, cannot interrogate, cannot arrest, and cannot detain you unless they are part of a joint federal task force where the primary purpose of the task force is not immigration enforcement.

Immigration Help Resources

• Law Help CA: lawhelpca.org

• Immigration Law Help: immigrationlawhelp.org

Report a Complaint

• If you believe your rights have been violated, report it to the California Department of Justice at oag.ca.gov/report.

• If you believe you were subject to discrimination, harassment or retaliation, report it to the California Department of Civil Rights at calcivilrights.ca.gov/complaintprocess/.