KNOW YOUR RIGHTS UNDER THE CALIFORNIA "TRUTH" ACT (SB2792)
Effective January 1, 2017, California law enforcement agencies have to comply with requirements of Government Code 7283 & 7283.2, to notify anyone from the immigrant community held in jail that ICE has placed a detainer on them and to provide them a written consent form before ICE can interview them
LEGISLATIVE BACKGROUND>>>The TRUTH (Transparent Review of Unjust Tranfers and Holds) Act was signed into law by Governor Brown on September 28, 2016, to provide crucial protections to members of the immigrant community (including lawful permanent residents, non-permanent residents and undocumented persons) who are held in California jails.
>>>Under current law, California law enforcement agencies are allowed to detain a person upon completion of their sentence for purpose of being transferred to ICE (Immigration & Customs Enforcement) for removal proceedings. When immigrants are not notified that an ICE detainer was placed on them, it can often lead to intimidation, coercion and involuntary admissions which makes it difficult and costly for their defense counsel to defend or protect them, and sometimes it is too late when defense counsel is retained to rectify the wrong.
>>>Under the TRUTH Act, the due process rights of immigrants are protected by giving them the "right to know" when ICE has placed a detainer (i.e. request for hold or transfer of the individual to ICE custody) on them. In addition, when ICE requests to "interview" them to assess their deportability status, the local law enforcement agency is required to provide a written consent form to them advising them that they have the "right to say no" to the ICE interview.
WHAT YOUR RIGHTS AREIf you are held in jail after being convicted of a crime, you are entitled to the following rights under the TRUTH Act: (1) You have the "right to know" that ICE has placed a detainer on you by receiving a written copy of the ICE detainer request from the local law enforcement agency and by being notified as to whether the local law enforcement agency intends to comply with the ICE detainer, (2) You have the "right to say no" if ICE wants to interview you while you are still detained by the local law enforcement agency, by being provided with a written consent form available in English, Spanish, Chinese, Tagalog, Vietnamese, Korean and any other languages applicable in your county, (3) You can attend a community forum which is held in your city or county in which the local law enforcement agency has provided ICE access to any immigrant within the past year, to learn about ICE practices on such matters and to provide public comments.