Protection of Rights:
We are a country connected to one another not by race, but by common rights to“life, liberty, and the pursuit of happiness”. It is key for immigrants to know their rights in the U.S and to understand the laws that could protect them.
Rights
Here you will encounter many rights and responsibilities that all citizens should respect and utilize. A number of these responsibilities are legally necessary for every citizen, however all are significant to making sure that the U.S remains a nation that is free and successful.
Rights:
-Freedom to express yourself. -Freedom to practice religion as you wish. -Freedom from discrimination and equal protection under the law. -Right to a equal trial by jury. |
Responsibilities:
-Protect and reinforce the Constitution. -Stay informed on the issues influencing your community. -Obey federal, state, and local laws. -Respect the beliefs, viewpoint, and rights of others. -Engage in your local community. -Pay income and additional taxes truthfully, and on time, to federal, state, and local officials. -Serve on a jury when asked to. -Defend the country if the occasion occurs. |
California Laws Respecting Immigrants
Deferred Action for Childhood Arrivals (DACA): On June of 2012 Barack Obama created an immigration policy made for the number of individuals that are unlawfully present in the U.S because they were brought to the country as children. This policy provides a renewable two years of deferral from deportation and qualification for a work permit in the U.S.
DACA status is available to undocumented persons that came to the U.S. at the age of 15 or younger. DACA does not offer lawful permanent residence; however it does produce protection from deportation for a certain amount of time, permission to work, and eligibility to be given a social security number.
A person may be eligible for initial DACA status if such individual:
-Was under 31 years as of June 15, 2012.
-Arrived to the United States before reaching age 16.
-Has continual reside in the United States since June 15, 2007, up to the present time.
-Was present in the United States on June 15, 2012 and at the time of making his or her request for consideration of deferred action with USCIS.
-Had no lawful status on June 15, 2012
NOTE: No lawful status on June 15, 2012 means that:
A. You never had a lawful immigration position on or before June 15, 2012, or
B. Any lawful immigration status or parole that you obtained prior to June 15, 2012 had expired as of June 15, 2012.
-Is in school, achieved a certificate of accomplishment from high school, has received a general educational development (GED) certificate, or is a discharged veteran from the U.S. Armed Forces or U.S. Coast Guard.
-Has not been declared guilty of a felony, a remarkable wrongdoing, or three or more wrongdoings.
If you are interested in applying for Form I-821D: Deferred Action Childhood Arrival (DACA Status) click here.
Below are some sources of DACA information:
-Immigrant Legal Resource Center(ILRC)
-United States Citizenship and Immigration Services (USCIS)
-UC Berkeley
DACA status is available to undocumented persons that came to the U.S. at the age of 15 or younger. DACA does not offer lawful permanent residence; however it does produce protection from deportation for a certain amount of time, permission to work, and eligibility to be given a social security number.
A person may be eligible for initial DACA status if such individual:
-Was under 31 years as of June 15, 2012.
-Arrived to the United States before reaching age 16.
-Has continual reside in the United States since June 15, 2007, up to the present time.
-Was present in the United States on June 15, 2012 and at the time of making his or her request for consideration of deferred action with USCIS.
-Had no lawful status on June 15, 2012
NOTE: No lawful status on June 15, 2012 means that:
A. You never had a lawful immigration position on or before June 15, 2012, or
B. Any lawful immigration status or parole that you obtained prior to June 15, 2012 had expired as of June 15, 2012.
-Is in school, achieved a certificate of accomplishment from high school, has received a general educational development (GED) certificate, or is a discharged veteran from the U.S. Armed Forces or U.S. Coast Guard.
-Has not been declared guilty of a felony, a remarkable wrongdoing, or three or more wrongdoings.
If you are interested in applying for Form I-821D: Deferred Action Childhood Arrival (DACA Status) click here.
Below are some sources of DACA information:
-Immigrant Legal Resource Center(ILRC)
-United States Citizenship and Immigration Services (USCIS)
-UC Berkeley
AB 60 Driver License: In 2013 Governor Brown signed AB 60 into law. AB 60 is directed towards the Department of Motor Vehicles (DMV) to grant a driver's license to any California resident who is qualified, regardless of their immigration status. This means that an undocumented individual that otherwise qualifies can receive a California driver's license under AB 60.
When applying you will need to do the following:
-Complete a driver license or identification card application.
-Get educated for the driver license knowledge test.
-Make an appointment before visiting your local DMV (walk-ins are only permitted at Driver License Processing Centers).
-Provide DMV with verification of identity and California residency.
Applicants must also do the following:
-Pay the application fee.
-Pass a vision and knowledge test.
-Provide a thumb print.
-Have your picture taken.
-If required, arrange a future appointment for the behind-the-wheel driving test.
When applying you will need to do the following:
-Complete a driver license or identification card application.
-Get educated for the driver license knowledge test.
-Make an appointment before visiting your local DMV (walk-ins are only permitted at Driver License Processing Centers).
-Provide DMV with verification of identity and California residency.
Applicants must also do the following:
-Pay the application fee.
-Pass a vision and knowledge test.
-Provide a thumb print.
-Have your picture taken.
-If required, arrange a future appointment for the behind-the-wheel driving test.
SB-54 California Value Act: Senate Bill 54 was signed into law by Governor Brown on October 5, 2017 and went into effect on January 1, 2018. The premise of SB-54 is that California state law authorities are prohibited from using public resources, such as personnel or facilities, to scrutinize or detain people for federal immigration enforcement reasons. The intent of SB 54 is to create safe spaces at schools, health facilities, work environment, courthouses etc.
The following is what law enforcement in California can not do under SB-54:
-Ask about immigration status or arrest an individual simply because of their status.
-Constrain an individual in jail after release date at Immigration and Customs Enforcement’s (ICE) request.
-Make arrests grounded on civil immigration warrants.
-Deliver release dates or other data about a detainee unless that data is accessible to the public or the individual has a criminal sentence for one of the excepted crimes.
The following is what law enforcement in California can do under SB-54:
-Respond to ICE notification requests if liberation dates and times are already open to the public.
-Allow ICE officials to interrogate someone in prison if certain requirements are met.
-Engage in a joint law enforcement task force where the predominant purpose is not immigration enforcement.
-Respond to notification requests from ICE when the individual has been convicted or accused of certain serious felonies.
The following is what law enforcement in California can not do under SB-54:
-Ask about immigration status or arrest an individual simply because of their status.
-Constrain an individual in jail after release date at Immigration and Customs Enforcement’s (ICE) request.
-Make arrests grounded on civil immigration warrants.
-Deliver release dates or other data about a detainee unless that data is accessible to the public or the individual has a criminal sentence for one of the excepted crimes.
The following is what law enforcement in California can do under SB-54:
-Respond to ICE notification requests if liberation dates and times are already open to the public.
-Allow ICE officials to interrogate someone in prison if certain requirements are met.
-Engage in a joint law enforcement task force where the predominant purpose is not immigration enforcement.
-Respond to notification requests from ICE when the individual has been convicted or accused of certain serious felonies.
Protecting Yourself and the Community
It is often seen that undocumented immigrants hesitate to report a crime whether they were a victim or a witness. Crime victims and witnesses should not worry when bringing attention to crimes to Chula Vista law enforcement because of their immigrant status, or the immigration status of family members. It is always important to report if you are at the scene of a crime or if you were a victim to reduce the chances of the crime occurring again.
Along with other law enforcement agencies that have adapted the physiology of community policing, the Chula Vista Police Department’s (CVPD) focal point is on protecting the citizens of Chula Vista, not finding out people’s immigration status. The immigration status of an individual or their family is not a concern of the CVPD. Therefore, no person communicating with any CVPD officer as a crime victim or a witness is asked about immigration status. Nor will the CVPD communicate a person's immigration status to any other law enforcement agency.
Immigration status is not a factor Chula Vista police officers consider in any routine or interaction with individuals of Chula Vista. CVPD officers arrests or detainments may not be based on race, ethnicity, gender, sexual orientation, religion, socioeconomic or immigration status. These are requirements are both from the U.S. Constitution and CVPD Policy 428. Furthermore, because of CVPD Policy 428, no investigations or questions are made concerning any victim or witness’ immigration status. This applies before and after arrest.
Along with other law enforcement agencies that have adapted the physiology of community policing, the Chula Vista Police Department’s (CVPD) focal point is on protecting the citizens of Chula Vista, not finding out people’s immigration status. The immigration status of an individual or their family is not a concern of the CVPD. Therefore, no person communicating with any CVPD officer as a crime victim or a witness is asked about immigration status. Nor will the CVPD communicate a person's immigration status to any other law enforcement agency.
Immigration status is not a factor Chula Vista police officers consider in any routine or interaction with individuals of Chula Vista. CVPD officers arrests or detainments may not be based on race, ethnicity, gender, sexual orientation, religion, socioeconomic or immigration status. These are requirements are both from the U.S. Constitution and CVPD Policy 428. Furthermore, because of CVPD Policy 428, no investigations or questions are made concerning any victim or witness’ immigration status. This applies before and after arrest.