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For non-U.S. citizens, navigating the criminal justice system in California has become even more perilous due to recent changes in federal immigration enforcement. A new ICE policy (11072.3) now permits civil immigration enforcement in or near courthouses, directly impacting anyone who is not a U.S. citizen, including defendants, victims, witnesses, and even family members or friends accompanying them.
Key Concerns for Non-Citizens:
- Expanded ICE Presence: ICE agents can now apprehend, arrest, interview, or search non-citizens at courthouses. This applies to those with criminal convictions (regardless of severity), national security threats, gang members, and individuals with prior removal orders or illegal re-entries.
- “Chilling Effect”: This policy creates fear among non-citizens, potentially discouraging victims of crimes (like domestic violence or sexual assault) and crucial witnesses from coming forward, thus undermining the justice system.
- California Values Act (2017): California law actively restricts state and local law enforcement from cooperating with federal immigration authorities solely for immigration purposes. This includes honoring transfer requests or providing release information.
What Non-U.S. Citizens Should Do if Facing a Criminal Case:
- Do NOT Miss Court: Failing to appear can lead to an arrest warrant, increasing your risk of immigration enforcement.
- Remote Appearances: In many misdemeanor cases (and some felonies with court permission), your attorney may be able to appear for you, potentially resolving your case without you ever setting foot in court. This significantly minimizes ICE interaction risk. Your lawyer can also request remote appearances for concerned family members.
- Disclose Your Immigration Status to Your Attorney: This is CRITICAL. Your attorney needs to know your status to properly protect you from adverse immigration consequences. California attorneys are legally required to inquire about immigration circumstances and prohibited from publicly disclosing undocumented status.
- Lawyers’ Obligations: In California, defense attorneys must analyze immigration impacts of charges, and prosecutors are also required to consider avoiding disproportionate immigration consequences when offering plea deals.
- Be Proactive and Informed: The times are dangerous for non-citizens. Avoid attracting law enforcement attention. If you are involved in a criminal matter, immediately contact an experienced attorney who understands both criminal and immigration law to protect your rights and avoid severe, disproportionate outcomes in federal immigration court.
Being smart, informed, and prepared are your best defenses in these challenging times.
