California is referred to as a sanctuary state when it comes to unregistered immigrants. What that turn of phrase really means is that undocumented residents within the borders of the state of California have certain rights and protections that are not necessarily found in other jurisdictions in the United States. Indeed, California is deemed to be the most protective of rights of undocumented immigrants in the United States. The laws in Texas are far less liberal when it comes to unregistered immigrants within the Lone Star State
Immigration and law enforcement action
When it comes to immigration law, among the most important rights extended to California undocumented residents are those associated with law enforcement action. There are three fundamental rights extended to California unregistered immigrants in the state:
- An undocumented person in California cannot be detained on a hold request issued by the federal government unless the individual has committed a felony or a felony warrant has been issued for that person’s arrest.
- An unregistered immigrant cannot be taken into federal custody unless that person has been convicted in the last 15 years of a type of crime that is listed on California’s Trust Act or the person in question is a registered sex offender.
- Finally, a person cannot be asked about his or her immigration status nor can information be shared with federal authorities that is not already available to the public at large.
If you or a loved one faces a legal issue associated with or arising from immigration status, seeking legal representation is a wise course. An experienced Texas immigration attorney could aid in the protection of legal rights available under state and federal law.