Starting January 1, 2014, a new California Law limits local jails from holding people for extra time just so they can be deported. This law is called the TRUST Act.
If you or a loved one think you have been wrongly held for immigration, please call 1-844-TRUST-01 (1-844-878-7801) or email email@example.com.
Remember: When talking to or in front of law enforcement, anything you say can be used against you— don’t talk about your immigration status, citizenship, when or how you came to the US, or where you’re from.
A request from immigration asking the local jail to hold a person for extra time (after the criminal case allows for release) so that immigration can pick up the person and take them into immigration custody.
Under the TRUST Act, local police and sheriffs CANNOT hold you for immigration if you are arrested for or convicted of minor crimes - for example, most traffic offenses. And in many other cases, local law enforcement can only hold you if you have a conviction.
This is the law everywhere in California.
All people have a basic right to due process. A federal court recently found that all immigration holds violate this right and may be unconstitutional.
Now, over 40 counties in California have entirely stopped detaining people for extra time on ICE holds. In these counties, you can only be turned over to ICE if the hold is signed by a judge and based on “probable cause” (reasonable evidence).
ICE holds violate the Fourth Amendment of the Constitution because they are not signed by a judge and are not based on a finding of probable cause (reasonable evidence) to authorize detention (holding you).