What to do if you’re detained by Border Patrol as raids in Central California continue
Immigrant rights organizations in Central California are alerting immigrant families of their constitutional rights after a Border Patrol operation this week resulted in dozens of arrests throughout Kern County and within the city limits of Bakersfield.
“Farm workers and immigrants are being terrorized,” UFW Foundation directing attorney Sofia Corona said.
Corona said agents are asking for the documentation of people who look a certain way, known as racially profiling, and targeting drivers who are on their way to work, “focusing on a highway that farm workers routinely use to go to work.”
Rosa Lopez, a Bakersfield-based senior policy advocate with the ACLU of Southern California said, “please remind people if stopped by CBP to invoke their right to remain silent, don’t consent to a search, don’t sign any documents, and asked to speak with an attorney,”
The Rapid Response Network of Kern County is pushing out a hot line number 661-432-2230, where people can call to get connected with resources if a loved one was detained and to report CBP/ICE activities.
The organization also has information on how to locate a loved one who has been detained by ICE.
“We ask that people remain vigilant and notify the UFW Foundation of any suspected ICE or CBP activity,” Corona said. “We are working diligently to inform our community members of their rights, such as the right to remain silent and request to speak to an attorney. We will not stand by while this happens to our community.”
Regardless of immigration status, all individuals in the United States have rights.
Those include:
▪ The right to remain silent if a person has contact with a law enforcement official.
▪ The right to not open the door to their homes to a law enforcement official.
▪ The right to due process.
▪ The right to have a day in court and be represented by an attorney.
Immigrant rights groups and community organizers and advocates have been distributing red cards that detail constitutional rights in the event families encounter immigration agents.
The red cards include reminders that constitutional rights apply to everyone, regardless of immigration status.
Red cards can be obtained for free from immigrant rights organizations, such as Central Valley Immigrant Integration Collaborative (CVIIC).
The cards help people assert their rights in many situations, such as when ICE agents go to a home, according to the ILRC, and are available in 13 languages including Hmong, Punjabi, Spanish, Tagalog and English.
Your rights with Border Patrol
On private property: Border Patrol agents cannot go into private land more than 25 miles north of the border without a warrant or consent. Agents may enter onto private property without a warrant within 25 miles of the border.
In the car: Border patrol “roving patrols” cannot pull over vehicles to question occupants about their immigration status unless agents have a “reasonable suspicion” of an immigration violation or crime. Reasonable suspicion is more than just a “hunch”. In California and Arizona, it is illegal for a border patrol to rely on the race or ethnicity of a driver or passenger to justify a stop.
At checkpoints: Border Patrol may stop vehicles at certain checkpoints to do two things: 1. Ask a few limited questions to verify citizenship or immigration status of the vehicles’ occupants and 2. visually inspect the exterior of a vehicle.
At Border Crossing: Agents at Ports of Entry may question people about their citizenship and what they are bringing into the country. Even though you always have the right to remain silent, if you don’t answer questions to establish your citizenship, officials may deny your entry into the U.S or detain you for search and or questioning.
In Jail or Detention: If you are detained, you have the right to remain silent and the right to speak to an attorney. If you are a citizen of another country, you also have the right to speak with your consulate. Do not sign anything without talking to a lawyer.
Things to remember
Never provide fake documents or say you are a U.S. citizen if you are not. It is a federal crime to lie to a federal officer.
If you are approached on the street or in a public place away from the border, you do not have to answer agents’ questions or provide identification. Ask if you are free to go. If you are not free to go, you are under arrest and have the right to remain silent.
If you are stopped, detained or harassed by Border Patrol, try to get the agent’s name, badge number, and any other identifying information.
It is not against the law to videotape or record interactions with Border Patrol on private property, in vehicle stops and at checkpoints. CBP prohibits videotaping or recording anything on government property at a port of entry.
What to do if ICE detains you or a loved one
If someone you know has been detained, they will be processed at the local ICE field office before being transferred to a detention facility. In the Central Valley, the Mesa Verde Detention Center is located in the city of Bakersfield. Detainee locator: locator.ice.gov
Have the right information: To locate someone, you will need personal information to identify them including the country of birth and the A-Number. If you don’t have an A-Number, you can look them up by full name, date of birth and country of birth.
If you are afraid to return to your home county and get arrested let ICE agents know that fear of returning to your home country.
Find an immigration attorney: Act fast and seek an immigration attorney immediately to help you understand the options you or your loved one might have.
Remember your rights: to remain silent and the right to be an attorney. If detained, you have the right to make a phone call. Do not speak about your immigration status or sign any documents without your attorney present.
“The RRN of Kern and other partner are hosting several KYR (Know Your Rights) events throughout the county,” said Lopez who is also an organizer and a member of the Rapid Response Network of Kern.
Visit the website www.rapidresponsekern.com for more information.
This story was originally published January 10, 2025 at 10:27 AM.
