January 2020

Note: This information page is being reviewed and edited following the June 18 Supreme Court ruling. Check back for updates.

LEGAL REPRESENTATION, KNOW YOUR RIGHTS, OTHER RESOURCES

1. L.A. Justice Fund:

The L.A. Justice Fund is a partnership among Los Angeles County, the City of Los Angeles, and the philanthropic community and was created to provide legal representation to Los Angeles County residents who cannot afford an attorney and who are facing imminent deportation. Please see the list of L.A. Justice Fund Legal Service Providers on our OIA website an LA Justice Resource Directory.

In the event you don’t qualify for L.A. Justice Fund representation, you should contact the agencies on this list of pro-bono legal service providers for free or low-cost immigration advice.

2. Know Your Rights

Everyone, documented or undocumented, is entitled to certain rights in the United States:

• RIGHT TO NOT OPEN YOUR DOOR, unless the immigration agent has a warrant to enter that is signed by a judge or magistrate and has your name on it.
• RIGHT TO REMAIN SILENT and not answer questions from immigration agents.
• RIGHT NOT TO SIGN ANY PAPERS without first talking to an attorney.
• RIGHT TO TALK TO AN ATTORNEY at your own expense.

The Office of Immigrant Affairs prepared a Know Your Rights Pocket Card, which includes a “Red Card” that you may give to immigration agents. Print and keep this Pocket Card handy: oia.lacounty.gov.

3. Other Resources and Information

The Los Angeles County departments listed below may have additional helpful information.

Alternate Public Defender: 

• Information regarding reduction, dismissal or expungement of previous criminal convictions (post-conviction review)

Child Support Services: 

• Copy of your child support payment records

Children and Family Services: 

• Copy of your file if you were under their care 

Consumer and Business Affairs: 

• Assistance with immigration fraud complaints
• Records of consumer complaints you filed with the department

Domestic Violence Council: 

• Copy of your case records
• Assistance and resources for victims of domestic violence

Office of Education:

• School enrollment and attendance records
• Verification of graduation

Health Services: 

• Copy of your medical records
• Letter to verify your visits to its facilities
• Birth records

Mental Health: 

• Copy of your mental health records
• Letter to verify your visits to its mental health clinics

 Military and Veterans Affairs: 

• Copy of your military records

 Public Defender: 

• Information regarding reduction, dismissal or expungement of previous criminal convictions (post-conviction review)

Public Health: 

• Copy of your medical records
• Copy of Immunization records

Public Library:

• Verification of library visits record at no cost

Public Social Services:

• Copy of your case records and information about DPSS programs that DACA recipients may qualify for

Registrar-Recorder/County Clerk:

• Marriage license
• Birth certificate

Treasurer and Tax Collector:

• Property tax payment records

Workforce Development, Aging and Community Services:

• Records of your visits or participation at County community centers

AVOID IMMIGRATION FRAUD:

Dishonest immigration consultants often defraud consumers by charging fees for illegal or misleading services including giving legal advice, claiming to have inside “connections” or saying they know special laws. Consumers who deal with these people often lose their money and can hurt their chances to adjust their immigration status. Immigration consultants may include: “notarios”, paralegals or anyone offering immigration-related services. No matter what they call themselves, immigration consultants must follow the law.

Learn how to prevent, report, and resolve immigration fraud HERE.

Note: This information page is being reviewed and edited following the June 18 Supreme Court ruling. Check back for updates.

WHAT YOU NEED TO KNOW ABOUT DACA

This document provides general information, and legal questions should be directed to an attorney. The Office of Immigrant Affairs can assist you with finding free or low-cost immigration advice.

1. New DACA Applications or Renewals

• After September 5, 2017, the United States Citizenship and Immigration Service (USCIS) no longer accepts new DACA applications.
• If you currently have DACA or if you have ever had DACA previously, the USCIS will accept renewal applications.
• Immigration and Customs Enforcement (ICE) has advised that it will not target DACA recipients or applicants for renewal for enforcement. However, before submitting your renewal application you should consult with an immigration attorney if you have had any criminal convictions while receiving DACA benefits. For a list of legal and financial resources click here. Note that any criminal record may put you at risk with immigration authorities. You should discuss your individual circumstances with an experienced immigration attorney before you decide whether to renew your DACA.

2. Risk of Deportation

A 2012 Executive Order granted DACA recipients “deferred action” from deportation. This means that a DACA recipient was deferred from removal action based on discretionary prosecutorial authority. Revoking DACA implies that DACA recipients will be treated in the same manner as all other undocumented immigrants. It does not necessarily mean that DACA recipients will be prioritized for deportation. However, the Administration has stated that it is prioritizing for removal anyone convicted of a crime or otherwise posing a threat to public safety.

3. Work Permit

The employment authorization document (EAD) does not currently indicate that it was granted as a result of DACA. Therefore, an EAD should be valid until its expiration date.  You have the right to work legally until your work permit’s expiration date.

Your employer does not have the right to ask you whether you are a DACA recipient or how you got your work permit.

Your employer does not have the right to fire you, put you on leave, or change your work status until after your work permit has expired. If your expiration date is nearing, your employer may ask you for an updated work permit but cannot take any action against you until after it is expired.

Please contact the Los Angeles County Office of Immigrant Affairs if you believe that your employer has discriminated or retaliated against you due to your immigration status.

4. Social Security Number (SSN)

If you have not applied for a social security number, you should do so immediately while your DACA and work permit are still valid. You may continue to use your SSN obtained under DACA for educational, banking, and housing purposes, even if your DACA expires or is revoked. Your SSN cannot be used for employment purposes without a valid work permit.

5. Driver’s License and State ID

California Assembly Bill 60 (AB 60) allows you to apply for a California Driver’s License, even if your DACA expires or is revoked. The California Department of Motor Vehicles will grant you a Driver’s License if you meet their requirements regardless of your immigration status. Visit the DMV website for details on how to obtain a Driver’s License under AB 60: dmv.ca.gov/portal/dmv/detail/ab60.

6. Travel on Advance Parole

Advance parole is a permit to allow someone who does not have a valid immigrant visa to re-enter the United States after traveling abroad.  Advance parole is no longer available for DACA recipients.

7. Medical Coverage

Currently, there are no changes to the Medi-Cal program for DACA recipients.  DACA recipients will continue to receive full-scope, state-funded Medi-Cal as long as they otherwise meet all Medi-Cal eligibility requirements.

8. Student Financial Aid

If you are receiving state-funded financial aid while attending California colleges, you will not lose your financial aid. Stated-funded financial aid was made available to DACA recipients based on the California Dream Act. Regardless of DACA status, the California Dream Act will remain intact. The California Student Aid Commission will not share your personal information with the federal government or immigration enforcement agencies.