In today’s world where laws and regulations can sometimes feel overwhelming, it is more important than ever for individuals to know their rights.

The more one understands their rights, the more equipped they are to navigate difficult situations. Whether it’s knowing what to do when encountering discrimination, understanding one’s rights in the workplace or having clarity on legal protections when interacting with law enforcement, knowledge can provide the confidence and power to act decisively.

Every resident in the U.S. regardless of documentation/immigration status has constitutional rights. This guide introduces information about the rights of any individual that may be approached by an immigration officer and preparation for a situation that may involve detainment.

This guide also highlights organizations and resources that provide legal assistance and counseling.

Agencies involved in immigration enforcement include the U.S. Immigration and Customs
Enforcement (ICE), U.S. Citizenship and Immigration Services (USCIS) and U.S. Customs and Border Protection (CBP).

General Recommendations

Tips provided by the American Civil Liberties Union (ACLU) include:

Stay calm. Do not run, argue, resist or obstruct the officer, even if you believe that your rights are being violated.

Do not lie about your statues or provide false documents.

You have the right to remain silent and do not have to discuss your immigration or citizenship status with police, immigration agents, or other officials.

Anything you tell an office can later be used against you in immigration court.

If you are not a U.S. citizen and an immigration agent requests your immigration papers, you must show them if you have them with you.

If an immigration agent does ask to search you, you have the right to say no. Agents don’t have the right to search you or your belongings without your consent or probable cause.

If you are over the age of 18, carry your papers with you at all times. If you don’t have your papers with you, tell the officer that you want to remain silent or that you want to consult a lawyer before answering any questions.

School Procedures

Fresno City College offers procedures in the event of an encounter with an immigration officer.

If you are approached by someone asking you for information about a student or employee:

Do not provide them any information about students or staff.

You are not authorized to release information about a student or staff.

Ask the individual who they are and who they represent. If they say immigration or any law enforcement agency, get their name and their credential, and direct them to contact the General Counsel’s office here on campus, (559) 243-7125 or SCCCD PD (559) 244-6140.

An individual can say:
“California law and campus administrative policies do not authorize me to share student or employee information. I will need to connect you with the Office of the General Counsel.”

Once you direct the agent to contact the General Counsel’s Office, immediately call the General Counsel at (559) 243-7125 or SCCCD PD at (559) 244-6140 to report the incident.

Red Cards

Red cards, a pocket-sized information guide, contains a list of rights for any individual regardless of immigration status and procedures to take when approached by an immigration official.

Red Card Campus Locations:

• Dream Center – Old Administration Building (OAB)-137 – Monday – Friday 8 a.m. – 5 p.m.
• FCC Library – Monday – Thursday 7:30 a.m. – 7 p.m. Friday 7:30 a.m. – 2 p.m.
• Welcome Center – 1525 E. Weldon Ave, Fresno CA 93704 – Monday – Friday 8 a.m. – 5 p.m.
• Transfer Center – Student Services Building Room 200 – Monday – Friday 8 a.m. – 5 p.m.
• Psychological Services – SC-216 (above the bookstore) – Monday – Wednesday 8 a.m. – 5 p.m. Thursday 8 a.m. – 9 a.m., 11:30 a.m. – 5 p.m. Friday 8 a.m. – 5 p.m.

The front side reads as follows:

You have constitutional rights:

• Do not open the door if an immigration agent is knocking on the door.
• Do not answer any questions from an immigration agent if they try to talk to you. You have the right to remain silent.
• Do not sign anything without first speaking to a lawyer. You have the right to speak with a lawyer.
• If you are outside of your home, ask the agent if you are free to leave and if they say yes, leave calmly.
• Give this card to the agent. If you are inside of your home, show the card through the window or slide it under the door.

The backside reads as follows:

• 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 cards are available to citizens and noncitizens alike.

Judicial vs Administrative Warrants

A judicial warrant is required in order for an immigration officer to enter and search a person’s home. Unlawful searches are not permitted by the Fourth Amendment.

A judicial warrant is signed by a judicial court, including state or federal courts. Only a judge or magistrate judge (excluding immigration judges) may sign a judicial warrant.

An administrative warrant allows immigration officers to make an arrest or seizure, but not a search, with some exceptions. Immigration judges or officers may sign these warrants themselves, not making it a judicial warrant.

Family Preparedness Plan

In the event of an arrest, preparations can be made if an individual can no longer take care of a child. It is important to inform family or emergency contacts in the event of detainment.

The Immigrations Legal Resource Center website offers detailed family preparedness plans.

Student Resources
Fresno City College Dream Center – (559) 443-8570 [email protected]

This office aims to offer support, resources and academic counseling to migrant students, helping them overcome challenges and achieve their educational goals in a safe and confidential space.

TRIO Student Support Services (SSS) – (559) 443-8689

Higher Education Legal Services Project offers free legal assistance to California Community Colleges students and staff including faculty.

Rapid Response Network

A rapid response network is an organization that attends to calls involving encounters with immigration officers and if an arrest is made. They offer hotlines and legal defense while also being able to report activity of agencies such as ICE.

Valley Watch Rapid Response Network – (559) 206-0151

Organizations

UFW Foundation – 732 North Van Ness Avenue Fresno, CA 93728
(559) 496-0700
Monday- Friday 9 a.m. – 5 p.m.

Central Valley Immigrant Integration Collaborative – 5014 East University Avenue, Fresno, CA 93727
(559) 496-0700
Monday- Friday 9 a.m. – 5 p.m.