HOW THE CALIFORNIA VALUES ACT APPLIES IN JAILS
On January 1, 2018, the California Values Act,
also known as SB 54, went into effect, limiting
the cooperation between local law enforcement
and Immigration and Customs Enforcement (ICE)
and providing noncitizens with protections when
it comes to immigration enforcement.
Ask about your immigration status
Share your personal information, like your
home or work address, with ICE unless that
information is already available to the public
Provide office space only for ICE’s use in
their facility
Use immigration officers as interpreters for
them during their own investigation
No.
Yes, but only if they have received your
written consent. A jail official must first
give you a consent form to read and sign
before making you available for questioning
by ICE. This form must be available in a
number of languages.* ICE conducts these
interviews to collect information that may
be used against you in your deportation
case. You have the right to decline these
interviews.
*including Spanish, Chinese, Tagalog, Vietnamese, and Korean.
What are my options if an ICE agent
wants to interview me?
You can indicate one of the following on the
consent form:
“No, I do not want to be interviewed”
“Yes, I will do the interview with my
attorney present”
“Yes, I will do the interview alone”
If you were interviewed by an ICE agent:
Without ever getting a consent form
After indicating “No” to an interview on the
consent form
After saying you wanted your lawyer present
but your lawyer was not called
After having received a consent form in
English when your preferred language is
another language, or
After being pressured or threatened by local
law enforcement to agree to the interview.
Please write us at the address below
describing exactly what happened.
What is the California Values Act?
Local law enforcement,
like the police or sheriff,
CANNOT:
Can the Sheriff’s Department
hold me in jail extra time for
the purpose of having ICE pick
me up?
Can an ICE agent
interview me in jail?
FAQ: SB 54
No, the Sheriff’s Department cannot give ICE
your release date unless:
Your release date is already publicly
available
You are a current registrant on the
California Sex and Arson Registry
You were convicted of a felony that is
considered serious or violent under state
law
You were convicted of most any felony
in the last 15 years that is not serious or
violent
You were convicted of a felony that is
punishable by imprisonment in state prison
You were convicted within the past 5
years of a misdemeanor for a crime that
is punishable as either a misdemeanor or
felony
You were convicted of a federal crime
that meets the definition of an aggravated
felony, or
The charge you are currently facing is for
a crime that is considered a serious or
violent felony or is punishable by a term in
state prison and where a judge has made a
probable cause finding.
Can the Sheriff’s Department
tell ICE when I will be released
from jail?
No, the Sheriff’s Department cannot transfer you
into immigration custody unless:
You are a current registrant on the California
Sex and Arson Registry
You were convicted of a felony that is
considered serious or violent under state law
You were convicted of a felony that is
punishable by imprisonment in state prison
You were convicted of most any felony in the
last 15 years that is not serious or violent
You were convicted within the past 5 years of
a misdemeanor for a crime that is punishable
as either a misdemeanor or felony
You were convicted of a federal crime that
meets the definition of an aggravated felony;
or
A warrant or probable cause determination
from a judge finding you violated federal
criminal immigration law.
Can the Sheriff’s Department
transfer me to an
ICE detention center?
If the Sheriff’s Department receives a request from ICE • to hold you beyond your release date,
• to have them notify ICE of your release date,
• or to have them transfer you to immigration custody,
they must give you and your attorney or a person you trust (“designee”) a copy of that request and tell you whether they will comply with that request or not. If they do not give you a copy, make sure to ask the jail staff for a copy of these documents.
If you believe that your rights
were violated under SB 54,
please write to:
Jails Project
ACLU SoCal
Attn: SB54
1313 W 8th Street
Los Angeles, CA 90017
If the prison receives a request
from ICE
• to hold you beyond your release date,
• to have the prison notify ICE of your release date,
• or to have the prison transfer you to immigration
custody,
they must give you and your attorney or a
person you trust (“designee”) a copy of that
request and tell you whether they will comply
with that request or not. If they do not give
you a copy, make sure to ask the prison staff
for a copy of these documents.
If you believe that your rights were violated under SB 54, please write to:
Jails Project / ACLU SoCal
Attn: SB54
1313 W 8th Street
Los Angeles, CA 90017
HOW THE CALIFORNIA VALUES ACT APPLIES IN PRISONS
On January 1, 2018, the California Values Act,
also known as SB 54, went into effect, limiting
the cooperation between local law enforcement
and Immigration and Customs Enforcement (ICE)
and providing noncitizens with protections when
it comes to immigration enforcement.
Restrict your access to
educational or rehabilitative programming or
a credit-earning opportunity simply due to
your immigration status
Take into account your immigration
status when determining your custodial
classification level.
Yes, but only if the prison has received
your written consent. The prison must
first give you a consent form to read and
sign indicating whether you decline or
consent to the interview before making you
available for questioning by ICE. This form
must be available in a number of languages.*
ICE conducts these interviews to collect
information that may be used against you in
your deportation case. You have the right to
decline these interviews.
*including Spanish, Chinese, Tagalog, Vietnamese, and Korean.
What are my options if an ICE agent wants to
interview me?
You can indicate one of the following on the
consent form:
“No, I do not want to be interviewed”
“Yes, I will do the interview with my
attorney present”
“Yes, I will do the interview alone”
If you were interviewed by an ICE agent:
Without ever getting a consent form
After indicating “No” to an interview on the
consent form
After saying you wanted your lawyer present
but your lawyer was not called
After having received a consent form in
English when your preferred language is
another language, or
After being pressured or threatened by local
law enforcement to agree to the interview
Please write us at the address below
describing exactly what happened.
What is the California Values Act?
State prison officials
CANNOT:
Can an ICE agent
interview me while
I’m in state prison?
FAQ: SB 54