Immigration (ICE) arrest in California Courts
In recent years, there has been a noticeable increase in Immigration and Customs Enforcement (ICE) arrests occurring within state courts. This troubling trend impacts a wide range of individuals, from those seeking justice to those simply trying to fulfill their legal obligations.
State courts are meant to be spaces where people can seek legal recourse and address critical matters without fear. However, ICE activity in these environments is creating significant challenges for vulnerable individuals, including:
- Victims Seeking Protective Orders
Survivors of domestic violence or other forms of abuse often turn to the court system to obtain protective orders. The fear of encountering ICE agents in court can deter them from pursuing safety, leaving them trapped in harmful situations. - Parents Involved in Child Custody Hearings
Family court proceedings are already emotionally charged. For immigrant parents, the added threat of ICE arrests in these settings disrupts not only their lives but also the well-being of their children, causing unnecessary trauma. - Criminal Defendants Awaiting Hearings
Individuals involved in criminal matters often attend court to address charges or comply with judicial requirements. An ICE arrest at this stage can derail legal proceedings and erode trust in the justice system.
Why Is This Happening?
ICE has increasingly focused on state courts as locations to apprehend individuals because these venues provide access to people who may already be navigating legal systems. Unfortunately, this practice undermines the principle that everyone—regardless of immigration status—deserves access to justice without fear of reprisal.
The Ripple Effect on Justice and Community Safety
This uptick in ICE activity has broader consequences for communities. When people are afraid to appear in court due to potential immigration consequences, essential legal processes are hindered. Victims may not report crimes, witnesses may avoid testifying, and individuals may fail to address civil or criminal matters, leading to unresolved issues and greater strain on the system.
What Can Be Done?
Advocacy groups, legal professionals, and community leaders are working to push for measures that protect state courts as safe spaces. Policies such as restricting ICE activity in courts, increasing public awareness of rights, and providing legal support to vulnerable individuals are critical steps in addressing this issue.
If you or someone you know is concerned about ICE activity in state courts, consider consulting with an experienced immigration attorney or seeking support from local immigrant advocacy organizations. Knowledge and preparation can make a significant difference in navigating these challenges.
For those of our clients who are undocumented in the United States, there is always a risk that they could be detained by ICE (immigration). To minimize this risk we have the following recommendations. .
Navigating Court Proceedings as an Undocumented Individual: What You Need to Know
If you’re an undocumented individual facing legal proceedings in Los Angeles, understanding your rights and options is essential. A knowledgeable criminal defense attorney can help you navigate these complex situations while protecting your rights and minimizing the risks of Immigration and Customs Enforcement (ICE) involvement. Here’s an overview of key considerations:
Attorney Representation Without Your Presence
Under California Penal Code Section 977(a), a Los Angeles criminal defense attorney can appear on behalf of clients in most misdemeanor cases. This means that, as an undocumented individual, you don’t always have to appear in court for minor offenses. However, there are exceptions, such as:
- DUI cases during arraignment, where a judge might find a specific reason to require your presence (though blanket policies requiring appearances are not allowed).
For felony cases, Penal Code Section 977(b) allows your attorney to represent you without personal attendance if the court permits it and you execute a waiver of personal appearance in open court. Los Angeles criminal defense attorneys regularly obtain these waivers for clients facing felony charges.
ICE Activity in State Courts
ICE officers can be present in court in plain clothes, blending in with the public. This makes it difficult to identify them, heightening the risk of arrest for undocumented individuals.
If approached by someone in the courthouse who is not your attorney or a court official, do not answer their questions, especially if they are asking about:
- Your name
- Place of birth
- Nationality
- Accent or language
Anything you say can and will be used against you in immigration court. Exercising your right to remain silent is critical.
Legal Protections in Courtrooms
California offers some protections for undocumented individuals in court proceedings:
- California Evidence Code Section 351.4 prohibits the disclosure of immigration status in open court unless it is deemed directly relevant to the case.
Your criminal defense attorney can help ensure this protection is upheld during your proceedings.
Responsibilities and Precautions
To protect your legal standing, it’s important to:
- Provide Key Information to Your Attorney
Share your “A-number” (alien registration number) with your Los Angeles criminal defense attorney. This allows them to locate you in ICE custody if necessary. - Prepare Supporting Evidence
Document proof of:- A fixed address
- Your ties to the community
- Evidence that you are not a danger to the community or a flight risk
- Stay Vigilant in Court
- If someone calls your name and they are not your attorney or a court bailiff, do not respond—it could be an ICE agent.
- Attorneys are also not required and should not disclose their clients’ names or identities to ICE agents.
Important Legal Reminders
Under 8 USC 1324(a)(1), it is illegal to “conceal, harbor, or shield an undocumented person from detection by ICE.” Both you and those assisting you should be aware of this provision to avoid unintentional violations of federal law.
The Role of a Criminal Defense Attorney
A Los Angeles criminal defense attorney can provide invaluable support in these situations by:
- Appear and obtain waivers of personal appearance under Penal Code 977.
- Protecting your rights in court, including preventing the disclosure of your immigration status.
- Advising you on how to respond—or not respond—to ICE officers and their questions.
- Locating you in custody if you are detained by ICE.
By working closely with a knowledgeable Los Angles Criminal Defense attorney and being proactive about your legal representation, you can navigate the legal system more safely and effectively. If you’re facing charges or concerns about ICE activity in Los Angeles criminal courts, consult a trusted Los Angeles criminal defense attorney to ensure your rights and safety are protected.
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