What are my rights under the California Values Act (SB 54) if I am stopped by local police?
The California Values Act (SB 54) limits how local police can cooperate with federal immigration authorities. This means police generally cannot ask you about your immigration status or hold you for immigration agents.
Here is what to do if you are stopped by local police in California:
Step 1: Stay Calm and Provide Basic Identification
If you are stopped, especially for a traffic violation, the officer can ask for your driver's license, vehicle registration, and proof of insurance. You must provide these if you have them. You can also provide another form of identification, like a state ID card. You are not required to answer questions about where you were born or how you entered the country.
Step 2: Use Your Right to Remain Silent
You have the right to not answer questions. You can say, "I am exercising my right to remain silent." Police cannot use your silence against you. This is especially important for any questions about your immigration status.
Step 3: Do Not Consent to a Search
Police need a warrant or your permission to search you, your car, or your home. Clearly state, "I do not consent to a search." Do not physically resist if they search anyway, but make it clear you did not give permission.
Step 4: Ask if You Can Leave
To know if you are being detained, ask the officer, "Am I free to leave?" If they say yes, you may leave calmly. If they say no, you are being detained and should not try to leave.
Step 5: Do Not Discuss Immigration Status
SB 54 prohibits local police from asking about your immigration status in most situations. Do not volunteer this information. If asked, you can say you are exercising your right to remain silent.
Important details and nuances:
The California Values Act applies to state and local law enforcement, like city police and county sheriffs. It does not apply to federal law enforcement officers like ICE or Border Patrol agents. Police can still arrest you for suspected criminal activity under California law.
Warnings and limitations:
This law has exceptions. Police can cooperate with ICE if you have a prior conviction for certain serious or violent felonies. Never lie to an officer or provide false documents, as this is a separate crime. These rights do not prevent your arrest for a crime or protect you from federal immigration enforcement actions.
This is general information and does not constitute legal advice. For complex situations, you should consult with a qualified California immigration or criminal defense attorney.
Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 14, 2025
Immigration
Immigration laws, visas, and citizenship information
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