Know your rights: a guide for undocumented young people

This page is general information, not legal advice. DNLH is not a law office. Talk to a lawyer about your own case. Free help is listed below.

What rights do I have, whatever my status?

The U.S. Constitution protects everyone in the country, not only citizens. That includes the right not to answer questions that could be used against you, and protection from unreasonable searches (Bill of Rights). Rep. Kevin Mullin's know your rights page puts it simply: regardless of status, you have rights, including the right to remain silent with immigration officers.

Knowing your rights does not mean you will never have a hard moment. It means you can stay calm and avoid mistakes that make things worse.

What are my rights at school?

You can go to public school. Every child in the United States has the right to a free public education, whatever their status. The Supreme Court decided this in Plyler v. Doe (1982). This applies in every state.

In California:

• Schools cannot ask about your status or a Social Security number to enroll you, per the Attorney General. They may not collect status information except as the law requires (Education Code 234.7).
• Your information stays private. Schools may not share it with immigration officers without a judicial warrant, judicial subpoena or court order, per the Attorney General's school guidance.
• Agents cannot just walk into classrooms. They need a judicial warrant, judicial subpoena or court order for nonpublic areas. Your parent must give consent before an immigration officer interviews you at school, unless a judge signed a warrant or order, and your parent must be told right away. See Can immigration agents come to my child's school?
• You cannot be bullied or treated differently because of your immigration status or nationality (Education Code 220, 234.1). If it happens, see How to file a discrimination complaint against a school.
• You can go to college. AB 540 can give in state tuition, and the California Dream Act Application opens state aid without DACA. See Yes, you can still go to college in California.

What are my rights at work?

You must be paid for every hour you work. California's labor protections apply to all workers, whatever their status (Labor Code 1171.5). That includes minimum wage, overtime, breaks and a safe workplace.

• Minimum wage: at least $16.90 an hour in 2026, and $17.40 from January 1, 2027, per the Labor Commissioner and DIR. Some cities pay more. See Minimum wage.
• If you are under 18, you need a work permit. The Labor Commissioner says all minors under 18 working in California must have a permit to work, usually issued by someone at your school. In summer, the school district where you live issues it. Child labor rules also limit your hours and the kinds of jobs you can do.
• If you were not paid, you can file a wage claim with the Labor Commissioner. It does not ask about immigration status. See How to file a wage claim.
• Your boss cannot threaten to call immigration to punish you for speaking up. See Your rights at work, with or without papers.

Two hard truths. First, federal law makes it illegal for employers to knowingly hire someone without work authorization (8 U.S.C. 1324a). DACA gives a work permit; many undocumented young people do not have one. Second, never use fake papers or someone else's Social Security number. That can cause serious immigration and criminal problems. Talk to a lawyer about safe options, like the ones in After college: work permit and other options.

What are my rights with police?

You can stay silent. You do not have to answer questions about where you were born, your immigration status or how you came here. Say: "I want to stay silent. I want to talk to a lawyer."

If you are 17 or younger, California police must let you talk to a lawyer first. Before a custodial interrogation, and before you waive your Miranda rights, a youth 17 or younger must consult with a lawyer in person, by phone or by video. That consultation cannot be waived (Welfare and Institutions Code 625.6). There are narrow exceptions, such as an immediate threat to life. Do not agree to "just talk" without that lawyer.

This is a California law, and nothing in it says it reaches federal immigration agents. Do not count on it with them. With any federal agent, use your right to stay silent.

California police are limited in helping immigration. Under the California Values Act, state and local police may not use their resources to ask about your status for immigration enforcement, with narrow exceptions (Government Code 7284.6). The law does not bind federal agents. See The California law that stops local police from helping immigration.

About your name. California has no general "stop and identify" law. A police department in San Jose tells its officers that refusing to identify during a detention is not, by itself, a crime, per its department memo. If you are driving, you must show your license. If you are arrested, refusing to identify at booking can be a crime. Never give a false name. See Do I have to tell police my name in California?

Know this about arrests. When anyone is booked into jail, fingerprints go to the FBI and are automatically shared with DHS, per ICE. An arrest can lead to immigration problems even if the case is dropped. Ask for a lawyer right away.

Juvenile records are protected. In California, juvenile court information may not go to federal officials without a juvenile court order (Welfare and Institutions Code 831).

Stay safe. Don't run. Don't fight. Keep your hands visible. Don't lie. Don't consent to a search. Say "I do not consent to a search" calmly. If you are hurt, get help and write down names and badge numbers later.

What if immigration agents stop me?

These rights apply everywhere in the United States.

1. Stay calm. Don't run. Running can give agents a reason to detain you, per Rep. Mullin's know your rights page.
2. Ask: "Am I free to go?" If yes, walk away calmly. Federal rules say agents need reasonable suspicion to briefly hold you for questioning (8 CFR 287.8).
3. Stay silent. Federal law lets agents ask questions, but it states no duty for you to answer (8 U.S.C. 1357). You can hand over a red card.
4. Don't show false papers. False documents can give agents a reason to detain you.
5. Don't sign anything before you talk to a lawyer.
6. At home, you don't have to open the door. Ask them to slide any warrant under the door. An ICE form (I-200 or I-205) is signed by an immigration official, not a judge (8 CFR 287.5).
7. Call your county rapid response line to report what is happening: San Mateo County (203) 666-4472, Santa Clara County (408) 290-1144.

Full guide: If immigration agents come.

About papers you carry. Federal law requires noncitizens 18 and older to carry proof of registration, and noncitizens 14 and older who were never registered must register; parents register children under 14, and youth have 30 days after turning 14 (8 U.S.C. 1302, 1304). Whether to register is a serious legal choice. DNLH does not advise on it. Talk to a lawyer before you decide.

Why does turning 18 matter?

Time spent in the U.S. without status before your 18th birthday does not count toward the 3 and 10 year bars that can block a future green card (8 U.S.C. 1182(a)(9)(B)). After 18, it does. Some protections also have age limits.

So see a free immigration lawyer before you turn 18, even if you think nothing applies to you. Some young people qualify for protection they never knew about, like Special Immigrant Juvenile Status if a parent abused, neglected or abandoned them.

If you came to the U.S. alone as a child, California funds free legal help through its Youth Legal Services program. The federal ORR National Call Center is 1-800-203-7001.

What about DACA?

If you already have DACA, renew it on time. USCIS still processes renewals. First time requests are accepted but not processed as of October 21, 2026. See DACA and DACA and your rights.

What if I am scared or overwhelmed?

That is a normal reaction to a hard situation. You don't have to carry it alone.

• Talk to someone now: call or text 988, or chat at 988lifeline.org. It is free and confidential. If you or someone else is in danger right now, call 911.
• Free coaching for young people in California: Soluna, regardless of insurance or status.
• More help: Talk to someone now.

How can I get ready now?

• Memorize two phone numbers: a trusted adult and a legal aid group.
• Keep a red card in your phone case or wallet.
• Help your family make a family preparedness plan, including who picks up younger siblings.
• Keep important papers (birth certificate, school records, DACA papers) in one safe place at home, and copies with a trusted adult.
• Don't post your status, address or school schedule online.

Questions people ask

Can a school counselor tell immigration about me? California schools may not share your information with immigration officers without a judicial warrant, judicial subpoena or court order.

Do I have to answer if a police officer asks where I was born? No. You can stay silent.

Can I get in trouble for joining a protest? Peaceful protest is protected speech, but an arrest can create immigration risk. Talk to a lawyer before you go, and carry a lawyer's number.

Can I work for cash? You still have the right to be paid at least minimum wage. Keep a record of your hours and pay.

I live outside California. What applies to me? The right to public school, the right to stay silent, the right not to open the door, and the advice to see a lawyer before 18 apply everywhere. The California laws on this page do not. Ask a local legal aid group.

Who can help?

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Community Legal Services in East Palo Alto (low income residents of San Mateo and Santa Clara counties): (650) 326-6440, per CLSEPA. Helps with DACA, SIJS, asylum and deportation defense.
• Immigration Institute of the Bay Area, Redwood City (San Mateo County): (650) 587-1558 for a free first consultation; (650) 780-7530 main line, per IIBA.
• Legal Aid Society of San Mateo County (San Mateo County): (650) 558-0915.
• California Community Colleges legal services (community college students statewide): book at findyourally.com, per the Chancellor's Office.
• California Youth Legal Services (children who came alone, statewide): CDSS program page.
• More: Free legal help in the Bay Area.