Legal Rights and Services in California

California is known for its strong protections for immigrants, regardless of their legal status. The state has passed several laws and established numerous programs to safeguard immigrant rights and provide access to legal assistance. This section covers key legal rights, available services, and how immigrants can access help when they need it.

Legal Rights of Immigrants in California

Right to Education

  • All children in California, regardless of immigration status, have the right to free public education (K-12) under both state and federal law.

  • Schools cannot ask about a student’s or parent’s immigration status during enrollment.

Right to Medical Care

  • Undocumented immigrants in California can access free or low-cost healthcare through programs like Medi-Cal (for low-income residents) and community clinics.

  • Hospitals are required to provide emergency medical care, regardless of immigration status.

Right to Work and Workplace Protections

All workers in California, including undocumented immigrants, have the right to:

  • Be paid at least the minimum wage.

  • Overtime pay for work beyond 8 hours a day or 40 hours a week.

  • Safe working conditions and protection from workplace hazards.

  • File complaints about wage theft, unsafe conditions, and discrimination without retaliation.

Right to Legal Representation

  • Immigrants have the right to an attorney in immigration proceedings, but the government is not required to provide one. However, many non-profits and legal aid organizations offer free or low-cost legal representation.

Protection from Discrimination

  • California law prohibits discrimination based on race, national origin, religion, or immigration status in housing, employment, education, and public services.

Privacy and Sanctuary Laws

  • Sanctuary State Law (SB 54): Limits state and local law enforcement from cooperating with federal immigration authorities, except in specific circumstances.

  • Law enforcement cannot ask about immigration status during routine interactions, such as traffic stops or when reporting a crime.

  • Public institutions, including schools and hospitals, are prohibited from sharing immigration status with federal authorities without a warrant.

Legal Services for Immigrants

Several organizations and agencies in California offer free or low-cost legal services to immigrants. These services include help with immigration applications, legal representation in court, and assistance with other legal matters.

Immigration Legal Assistance:

Immigration Center for Women and Children (ICWC)

  • Services: Helps with U visas, T visas, DACA, and green card applications.

  • Locations: Los Angeles, San Francisco, San Diego, and Oakland.

Coalition for Humane Immigrant Rights (CHIRLA)

  • Services: Provides legal consultations, citizenship application help, and deportation defense.

  • Location: Los Angeles, with outreach programs throughout California.

Asian Law Alliance (ALA)

  • Services: Offers legal assistance to immigrants, including family-based petitions, naturalization, and asylum applications.

  • Location: San Jose.

Central American Resource Center (CARECEN)

  • Services: Specializes in legal aid for Central American immigrants, including TPS, DACA, and asylum.

  • Locations: Los Angeles and San Francisco.

Deportation Defense:

Public Counsel

  • The largest pro bono law firm in the U.S., offering free legal services to low-income individuals, including deportation defense

Immigrant Defenders Law Center (ImmDef)

  • Specializes in representing immigrants in removal proceedings and provides legal services for detained immigrants.

Kids in Need of Defense (KIND)

  • Focuses on providing legal representation to unaccompanied minors in immigration court.

DACA and TPS Support

  • Many organizations help immigrants apply for or renew Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS).

  • Services typically include help with filling out forms, gathering required documents, and fee waivers for low-income applicants.

Know Your Rights Resources

What to Do if Approached by Immigration Authorities (ICE)

At Home:

  • Do not open the door unless the officers have a warrant signed by a judge

  • Ask the officer to slip the warrant under the door.

  • You have the right to remain silent.

At Work:

  • Employers cannot allow ICE agents to enter a workplace without a warrant.

  • If ICE agents arrive, stay calm and do not run. You have the right to remain silent.

On the Street:

  • If stopped by ICE, you have the right to remain silent and refuse to answer questions about your immigration status.

  • Do not sign any documents without speaking to a lawyer.

Know Your Rights Cards

  • Many organizations provide “Know Your Rights” cards that immigrants can carry with them. These cards explain basic rights in multiple languages and can be shown to ICE agents during an encounter.