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Know your rights: Here's what to do if ICE shows up: ‘These statements are important'

Know your rights: Here's what to do if ICE shows up: ‘These statements are important'

USA Today12-02-2025

Know your rights: Here's what to do if ICE shows up: 'These statements are important'
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Know your rights: Protect yourself during ICE encounters
You have constitutional rights if an immigration agent approaches you. Here is what to know and what to do to protect yourself.
SUSD Superintendent Michelle Rodriguez assured families that schools are safe havens and the district has legal counsel to address immigration concerns.
Community organizations are distributing "red cards" that outline constitutional rights in English and other languages, informing individuals of their right to remain silent and refuse entry to their homes without a warrant.
Local law enforcement agencies, including the Stockton Police Department and San Joaquin County Sheriff's Office, have stated they will not participate in ICE raids, prioritizing community safety and trust.
Stockton Unified School District recently held a "Health and Wellness Resource Fair" at McKinley Elementary School for families to learn their rights and obtain resources on immigration, health, and education.
The resource fair was organized following the Jan. 20 decision by President Donald Trump to overturn a Biden policy that protected "sensitive" areas, such as schools, churches, and hospitals, from immigration enforcement.
"Criminals will no longer be able to hide in America's schools and churches to avoid arrest," the U.S. Department of Homeland Security said in a statement. "The Trump administration will not tie the hands of our brave law enforcement, and instead trusts them to use common sense."
Since the announcement, ICE raids have been reported across the country, which has left many undocumented residents fearful. Schools, nonprofit organizations and even local law enforcement officials have assured residents these institutions are there to protect and serve the community.
"Stockton Unified is a safe haven ... while their children are on our campuses, they are safe," Superintendent Michelle Rodriguez told The Stockton Record during the resource fair. "Anytime that we have any notification, we haven't had any up to this point, but any notification of ICE involvement, the directive is for them to go to my office, so all that paperwork and those agents would be sent to my office."
She added that Stockton Unified has an immigration lawyer on retainer who would verify if there is an actual judicial warrant in case of the presence of ICE on a school campus.
"There is apprehension of what's happening at the federal level, so people are worried. We are seeing some reduction in attendance. We're also seeing reduction in some of our activities, such as our food distribution," Rodriguez said. "We want families to know that they can count on us, that they can have this as a safe haven. Please continue to still send your children to school. They are safe here."
Immigration resources in Stockton, San Joaquin County
Rodriguez encourages families to attend school fairs even if they do not need immigration resources. They also provide other resources, she said.
"This is the first of a series of health and wellness fairs that we're doing for our families. We know that some of the changes that are happening, both at the federal and state level, but mostly federal level, are having an impact on them, and so we wanted to make sure and have these resources," Rodriguez said. "We know it's more than just our immigrant parents who are having challenges so we wanted to make sure that we have everything for all families. We have both those that are food insecure, we have those resources here for them. We do have support for our immigration families, and then also for other families, such as our LGBTQ community as well."
Carmen Morado, a Guanajuato, Mexico native whose daughter attends Hazelton Elementary in Stockton, said she attended the fair to learn about resources.
"Pues para saber de todo, saber mis derechos y poder pasar la voz," Morado said in Spanish. "Mas que nada, por eso me gusta ir a todo lo que sea relacionado para poder ayudar a mi comunidad." (Well, to know everything, to know my rights and to be able to spread the word," Morado said. "More than anything, that's why I like to go to everything that is related to being able to help my community.)
She said she tries to not miss school fairs to stay informed. Her message to others in the community is to not be afraid and to learn about their rights.
"Me siento insegura por que aveces no sabes que pueda pasar o como esta generando mucho odio y mucho racismo no sabes aveces como va actuar la gente," Morado said. (I feel insecure because sometimes you don't know what could happen or how it is generating a lot of hate and a lot of racism, sometimes you don't know how people are going to act.")
El Concilio, Faith in the Valley, United Way, and SUSD Family Resource Centers were among the organizations participating in the fair.
Deportation fears: Stockton Unified reaffirms support for immigrant families
What are red cards? Know your rights
Stockton's rich culture and diversity can't be denied.
In every corner of Stockton, you will see businesses that reflect its residents of more than 319,000 people from Mexican to Vietnamese and Mediterranean restaurants. Immigrant communities have chosen Stockton as their home for decades, and it remains one of Stockton's backbones.
According to data from the U.S. Census Bureau, 25.9% of the population in Stockton is foreign-born.
In Stockton, red cards can be found at El Concilio at 224 S. Sutter St. and 445 N. San Joaquin St., Empowering Marginalized Asian Communities (EMAC) at 1304 E. Hammer Lane, Unit 9, and Little Manila Rising at 2154 S. San Joaquin St. These nonprofits serve diverse communities.
"We're distributing those for free and we want people to know that those cards are free, because we do know that some agencies or folks are trying to charge people to give them a copy, they're free," Jose Rodriguez, president and CEO of El Concilio, told The Stockton Record. "We want people to know what these cards do. It explains to them what their rights are in the event that they are confronted by law enforcement and the card can actually be given to law enforcement."
Red cards are small-sized cards that fit in your wallet and state your constructional rights. They come in many different languages from English and Spanish to Chinese and Arabic.
These cards were created by the Immigrant Legal Resource Center (ILRC) and are available at many local nonprofits free of charge. They can also be found on the ILRC website for download.
"All people in the United States, regardless of immigration status, have certain rights and protections under the U.S. Constitution," the ILRC website states. "The ILRC's Red Cards help people assert their rights and defend themselves in many situations, such as when ICE agents go to a home."
The card states at the bottom that the cards are available for both citizens and noncitizens.
The red cards state your constitutional rights:
Do not open the door.
Do not answer any questions.
Do not sign anything.
Give this card to the agent.
Last tarjetas rojas declaran sus derechos constitucionales:
No abra la puerta.
No conteste ninguna pregunta.
No firme nada.
Entregue esta tarjeta al agente.
Statements to read from your red cards to ICE agents.
"I do not wish to speak with you, answer your questions, or sign or hand you any documents based on my 5th Amendment rights under the United States Constitution."
"I do not give you permission to enter my home based on my 4th Amendment rights under the United States Constitution unless you have a warrant to enter, signed by a judge or magistrate with my name on it that you slide under the door."
"I do not give you permission to search any of my belongings based on my 4th Amendment rights."
"I choose to exercise my constitutional rights."
"These statements are important because if you unfortunately are detained and do end up at a trial, you can state that you mentioned your constitutional rights if they were broken," said JR Arimboanga, co-executive of EMAC. "Say they still push through your door without a signed judicial warrant, being able to say that you said these statements may be able to support your case."
Arimboanga said there is also an app by National Korean American Service & Education Consortium (NAKASEC) that people can download on their smart phones called "Know Your Rights 4 Immigrants."
"In the moment, with the fear, the anxiety, the shock, you may not know what to say," Arimboanga said.
How can I report U.S. Immigration and Customs Enforcement (ICE) sightings?
Many of the local nonprofits such as El Concilio and EMAC are working alongside Faith in the Valley to confirm any reported ICE sightings.
"We're working with other groups to provide information to the community when there's possible sightings of ICE because right now that we know that there's a lot of people in the community who are fearful," Jose Rodriguez said. "Sometimes people don't understand the difference between a sheriff's patrol or an ICE patrol ... rumors start and then people get scared."
Jose Rodriguez said El Concilio established a network where when they receive calls of possible ICE sightings, they go out and confirm if they are true or false. He said anyone who believes they have seen ICE can call them.
"People have said that there hasn't been any raids, but there have been people being detained," Jose Rodriguez said. "ICE showing up at certain residences and then doing certain traffic stops, this is what's being reported to us. Now, how true is some of that? I don't know. Not everyone calls us."
He said some of the other groups they are also working with are ILRC, Catholic Charities, and the Farm Worker Justice Fund.
El Concilio is also providing trainings for other nonprofits to educate them on what to know if ICE shows up at their locations for enforcements.
"They feel that they're much more at risk when they're working out in the fields," Jose Rodriguez said. "There is some now some reservation by some of these folks in terms of wanting to do that work, but there is need."
According to the ACLU Nor Cal website, to report ICE activity and enforcement actions during emergencies, you can call the Valley Watch Rapid Response Network hotline at (559) 206-0151​​​​​​. This is for the counties of San Joaquin, Stanislaus, Merced, Fresno and Kern.
"I would just want to try to reassure the community that we know that there's a lot going on but we are trying to create a sense of normalcy and reassure families that at least locally, everyone is doing what they can to protect them so not be fearful," Jose Rodriguez said. "There are resources available to them if they have questions."
To learn more about El Concilio, visit elconcilio.org or follow them at facebook.com/ElConcilioCA.
Can I record if I see ICE agents doing an arrest?
The answer is yes, but do not interfere with the arrest being made.
"It is legal to film immigration and law enforcement in public in the United States, regardless of your immigration status," the Witness website states. "As long as you don't interfere."
The website also states to film with intention by letting the person being detained aware that you are filming to observe and document, but stop if they as you so. Stay focused on law enforcement instead of the person being detained to keep their identity anonymous. Instead focused on filming law enforcement badges, license plates, any weapons and also film any street signs and landmarks.
For more tips on filming immigration enforcement visit witness.org.
How can I obtain or talk to an immigration attorney?
El Concilio also provides immigration services such as citizenship applications, DACA renewals, renewal of documents, family petitions, and legal consultations.
"We do have two attorneys, immigration attorneys on staff," Jose Rodriguez said. "One of the things that we're working on is getting more lawyers to volunteer their time to make themselves available when those questions or opportunities arise where people want to speak to someone."
Anyone interested in learning more about El Concilio's immigration program call (209) 337-7505.
While EMAC does not have any immigration lawyers on staff, they do have some contacts they are able to reach out for questions, Arimboanga said.
"We know at this time, particularly even for us trying to find a lawyer, an immigration lawyer or a criminal lawyer ... is really tough, particularly if you don't have the funds," Arimboanga said. "We have some resources, but we don't have any lawyers on retainer at the moment. We do have some lawyers that we can reach out to for questions."
Arimboanga said as a prevention, it's important to know your rights and be prepared.
Have more questions? EMAC has an Anti-Deportation Toolkit
The nonprofit EMAC created an Anti-Deportation Toolkit which can be found on their website with resources. The regularly update document covers four topics.
Know Your Rights.
Reporting ICE Sightings.
Legal Assistance.
Resources To Stay Safe.
"Folks are feeling the fear, they're feeling anxiety, they're feeling hopeless, they're feeling helpless," Arimboanga said. "What we do as EMAC is try to let folks know that there's a ton of information and resources out there for the Southeast Asia community, but for all communities."
Arimboanga said EMAC will be providing Know Your Rights trainings for the community in the next couple of weeks through Zoom in multiple languages.
The nonprofit also hopes to continue their efforts in sponsoring campaigns to stop deportations and for pardon campaigns in prevention to being deported.
"Last year we launched a campaign for a community member who unfortunately was deported," Arimboanga said. "This year we're hoping to launch a couple other campaigns to help prevent people from being deported as well."
Arimboanga said that they have heard of ICE sightings in the area.
"A lot of people don't realize that there is an ICE Center in Stockton, right off of Fremont Street, where folks often have to check in," Arimboanga said. "We did hear from a community member that was stopped by an ICE officer. Fortunately, she is documented, but they were looking for her husband who is undocumented."
Arimboanga added that ICE showed up to their home at 5 a.m. on Wednesday, Feb. 5 near Hammer Lane in Stockton.
"ICE often uses scare tactics and manipulative tactics to get who they want," he said.
To learn more about EMAC's resources or upcoming Know Your Rights trainings, visit emacstockton.org or follow them at emacstockton.
"You have every right to be worried. You have every right to be anxious, you have every right to feel the emotion that you're feeling. There's a lot going on in our world even before this new administration and to know that you have power, and that we have collective power together, and that we can do something. We can fight back against the fear and misinformation," Arimboanga said. "We can build community and collective power to keep us safe. We keep us safe, whether it's knowing your rights, whether it's sharing information or education with your friends, your family, whether it's having a plan, you have power."
More: Stockton police, San Joaquin County sheriff won't enforce federal immigration laws
Local authorities will not enforce federal immigration laws
The Stockton Police Department and San Joaquin County Sheriff's Office announced they would follow California law and would not help U.S. Immigration and Customs Enforcement (ICE) with raids in the area.
The Stockton Police Department said its focus would remain on relationship-based policing and "ensuring everyone's well-being, regardless of immigration status," The Stockton Record previously reported.
"Stockton Police Department is committed to the values that make our city one of the nation's most diverse and vibrant communities," the department said in a statement previously. "We serve all residents with fairness, dignity, and respect, ensuring Stockton remains safe, welcoming, and thriving. Our focus on building trust and strengthening relationships creates a future where every voice is heard, every person is valued, and our collective well-being is protected."
"I know there's a lot of questions we're starting to receive and a lot of anxiety in certain parts of our community, in the immigrant community," Sheriff Patrick Withrow said in a Jan. 16 video posted on Facebook. "Whether you're documented or undocumented, what we care about is good people being in our community. It's not going to change the way we do business. We're going to go after bad people."
The U.S. Department of Justice directed federal prosecutors nationwide to investigate local and state officials who block immigration enforcement under Trump's administration.
Deputy Attorney General Emil Bove, Trump's former defense attorney, said in previous statement that acting officials who do not cooperate with the stepped-up immigration enforcement could face federal prosecution.
To stay up to date on what the U.S. Department of Homeland Security is doing, visit www.dhs.gov.
Record reporter Angelaydet Rocha covers community news in Stockton and San Joaquin County. She can be reached at arocha@recordnet.com or on Twitter @AngelaydetRocha. To support local news, subscribe to The Stockton Record at https://www.recordnet.com/subscribenow.

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