Know Your Rights: Local Law Enforcement and Immigration Under the California Values Act (SB 54)

Feb 07, 2025
A person wearing a bulletproof vest with the word police across the back.

WHAT IS THE CALIFORNIA VALUES ACT? 

The California Values Act (SB 54) prohibits local law enforcement from using its resources for immigration enforcement, with limited exceptions. This page explains your rights under the law. You can find additional information here about your rights if ICE confronts you at home, on the street, or at work.

Remember, you always have the right to remain silent. When talking to or in front of law enforcement, anything you say can and will be used against you—don't talk about your immigration status, citizenship, when or how you came to the United States, or where you're from. 

FAQ About the California Values Act

How does the law restrict local law enforcement?

Local law enforcement, like the police or sheriff, cannot: 

  • Ask about your immigration status.
  • Share your personal information, like your home or work address, with ICE unless that information is already available to the public.
  • Provide office space in their facility only for ICE's use.
  • Make or intentionally participate in arrests based on civil immigration warrants.
  • Perform the functions of an ICE officer in any manner. 
  • Use immigration officers as interpreters during their own investigation. 

Can the sheriff's department hold me in jail extra time so ICE can pick me up?

No. 

Can ICE interview me in jail?

Yes, but only if they have received your written consent. A jail official must give you a consent form to read and sign before making you available for questioning by ICE. This form must be available in multiple languages, including Spanish, Chinese, Tagalog, Vietnamese, and Korean. ICE conducts these interviews to collect information that may be used against you in your deportation case. You have the right to decline these interviews.  

What are my options if an ICE agent wants to interview me? 

You can indicate one of the following on the consent form: 

  • "No, I do not want to be interviewed." 
  • "Yes, I will do the interview with my attorney present." 
  • "Yes, I will do the interview alone." 

You can report the incident to the California Attorney General's office if you were interviewed by an ICE agent: 

  • Without ever getting a consent form.
  • After indicating "No" to an interview on the consent form.
  • After saying you wanted your lawyer present, but your lawyer was not called.
  • After having received a consent form in English when your preferred language is another language, or
  • After being pressured or threatened by local law enforcement to agree to the interview. 

 

Can the sheriff's department tell ICE when I will be released from jail?

No, the sheriff's department cannot give ICE your release date unless: 

  • Your release date is already publicly available. 
  • You are a current registrant on the California Sex and Arson Registry. 
  • You were convicted of a felony that is considered serious or violent under state law. 
  • You were convicted of most any felony in the last 15 years that is not serious or violent. 
  • You were convicted of a felony that is punishable by imprisonment in state prison. 
  • You were convicted within the past 5 years of a misdemeanor for a crime that is punishable as either a misdemeanor or felony. 
  • You were convicted of a federal crime that meets the definition of an aggravated felony, or 
  • The charge you are currently facing is for a crime that is considered a serious or violent felony or is punishable by a term in state prison and where a judge has made a probable cause finding. 

Can the sheriff's department transfer me to an ICE detention center?

No, the sheriff's department cannot transfer you into immigration custody unless: 

  • You are a current registrant on the California Sex and Arson Registry.
  • You were convicted of a felony that is considered serious or violent under state law. 
  • You were convicted of a felony that is punishable by imprisonment in state prison. 
  • You were convicted of most any felony in the last 15 years that is not serious or violent. 
  • You were convicted within the past 5 years of a misdemeanor for a crime that is punishable as either a misdemeanor or felony. 
  • You were convicted of a federal crime that meets the definition of an aggravated felony, or 
  • A warrant or probable cause determination from a judge finding you violated federal criminal immigration law. 

Request Documentation

If the sheriff's department receives a request from ICE to hold you beyond your release date, to notify ICE of your release date, or to transfer you to immigration custody, the department must give you and your attorney or a person you trust ("designee") a copy of that request and tell you whether or not they will comply with it. If they do not give you a copy, make sure to ask the jail staff for a copy of these documents. 

Report Violations

If you believe your rights were violated under SB 54, you can call the ACLU NorCal intake line: (415) 621-2488. 

You can also report the violation to the California Attorney General's Office at oag.ca.gov/report. 

Disclaimer: This information is NOT intended as legal advice. If you need legal advice regarding a specific situation, you should consult with a licensed and trusted attorney.