Not a citizen and arrested in California: what to know, say, and whether ICE can hold you

This page covers what to say and do after an arrest, and whether ICE can hold you before a conviction. How jail holds work is on What an ICE hold is. This is general information, not legal advice.

What should I say to the police and jail staff?

As little as possible. You have the right to stay silent. Use it.

• Say: "I want to remain silent. I want a lawyer."
• Don't answer questions about the case, where you were born, or your immigration status. Talk about those only with your own lawyer.
• Don't sign papers you don't understand, especially anything about immigration or leaving the country.
• Don't lie and don't show false papers. Silence is your right. Lying is not.

California law says local police and jails may not use their staff or money to ask about your immigration status.

Will ICE find out I was arrested?

Probably, yes. Plan for it.

When a jail books you, it takes your fingerprints and sends them to the FBI. Under a federal program called Secure Communities, the FBI automatically sends them on to the Department of Homeland Security to check against immigration records. California cannot opt out of this.

After that, ICE may ask the jail to hold you, to tell ICE your release date, or to let an ICE officer interview you.

Does the jail have to help ICE?

Mostly no. California's Values Act limits what local jails may do:

• They may not hold you past your release time just because ICE asked.
• They may not tell ICE your release date or hand you to ICE, unless a judge signed a warrant, or you have certain convictions or a pending serious or violent felony charge that a judge has found probable cause for. Even then, the law lets the jail choose; it does not require it.
• They may not give ICE your home or work address unless it is already public.

Local notes, for people held in these counties:

• Santa Clara County. In June 2019 the Board of Supervisors voted to keep its policies of not holding anyone past release for ICE without a judge's warrant and generally not notifying ICE of releases (county news release). That 2019 release is the county's own statement of the policy. Ask your lawyer whether it still applies today.
• San Mateo County. A county ordinance passed in April 2023 limits county departments and staff from using county resources to help immigration enforcement, with exceptions such as a federal judge's warrant. The county strengthened it in November 2025 (county news release). The Sheriff's 2021 announcement that it would stop ICE transfers is older; ask your lawyer how the rules work in the jail today.

Can ICE talk to me in jail?

Only if you agree. Under California's TRUTH Act:

• Before any ICE interview, the jail must give you a written form. It explains the interview is voluntary, that you can say no, and that you can choose to talk only with your lawyer present.
• The form must be available in English, Spanish, Chinese, Tagalog, Vietnamese and Korean.
• If ICE sends a hold, notification or transfer request about you, the jail must give you a copy and tell you whether it plans to comply.
• If the jail tells ICE your release date, it must also tell you and your lawyer, or one other person you choose, in writing.

You can say no. Then tell your lawyer ICE asked.

Can ICE hold me before I am convicted?

Yes, it can happen. ICE does not need a conviction to arrest someone on immigration grounds.

Since the Laken Riley Act (January 29, 2025), some people must be held by ICE with no bond if they are charged with or arrested for burglary, theft, larceny, shoplifting, assault of a law enforcement officer, or a crime that causes death or serious bodily injury. This covers people who entered without inspection, used fraud or false papers to get in, or lack valid entry papers. ICE is required to ask the jail to hold them.

Bond after entry without inspection. Since September 2025, the Board of Immigration Appeals has said immigration judges cannot give bond to people who entered without inspection (Matter of Yajure Hurtado). On July 30, 2026, the Ninth Circuit, the federal appeals court for California, ruled in Rodriguez Vazquez v. Bostock that many people who entered without inspection and were arrested inside the country can ask for a bond hearing. On October 1, 2026, the U.S. Supreme Court agreed to decide the same question (Rhoney v. Barbosa da Cunha, No. 26-104, docket). The Laken Riley Act rules above still apply either way. Ask a lawyer what applies today. See How a criminal record can affect your immigration status.

What happens at my first court date?

Your first court date is usually the arraignment. The judge tells you the charges and your rights, and sets the next dates (California Courts, The arraignment).

• A lawyer. If you can't afford one, the judge appoints one at no cost, usually a public defender.
• An interpreter. If you don't understand English, the judge must appoint an interpreter at no cost. Ask for one.
• Your plea. You will be asked to plead guilty, not guilty or no contest. The court's own page says to talk to your lawyer before pleading guilty or no contest, and that a conviction can have immigration consequences.
• Release. If you are in jail, the judge decides whether you are released on your promise to return, released under supervision (like an ankle monitor), given bail, or held. Misdemeanor cases are usually released on a promise to return.

Should I pay bail?

Talk to your defense lawyer first, especially if ICE has asked about you. Getting out of jail can sometimes mean going straight into ICE custody. Your lawyer can check for ICE requests and plan with you. Family members paying bail should ask the lawyer too.

What should I tell my defense lawyer?

Everything about your immigration situation. What you tell your lawyer is private. Your lawyer can only protect you from what they know about.

California law requires your defense lawyer to give you accurate advice about the immigration effects of any plea, and, if you want, to fight for a result that avoids them. You do not have to tell the judge your immigration status. See Before you take a plea deal.

Don't plead guilty or no contest until your lawyer has explained the immigration effects. Small details, like the exact code section or a sentence of 364 days instead of one year, can change the immigration result.

What can my family do from outside?

• Find the defense lawyer's name and give them the immigration facts on the checklist below, with the person's OK.
• Don't post about the arrest online, and don't discuss the facts of the case with anyone but the lawyer.
• Call an immigration legal clinic for a second opinion on the immigration side. See Free or low cost immigration legal help in the Bay Area.
• Plan for release day, in case ICE asks the jail about the person. See Helping a neighbor who is not a citizen come home.
• If ICE takes them, see How to find a family member detained by ICE.

An example

This is a made up example to show the steps.

Jorge has DACA. He is arrested after a bar fight in San Jose and booked into the county jail.

1. Police ask where he was born. He says, "I want to remain silent. I want a lawyer."
2. A jail officer hands him a TRUTH Act form saying ICE wants to interview him. He checks that he does not agree to the interview.
3. At his arraignment, the judge appoints a public defender. In private, Jorge tells her he has DACA and shows her the checklist his sister brought.
4. The public defender asks the jail whether ICE has sent any request about him, and talks with an immigration expert before discussing any plea.
5. His sister waits to pay bail until the lawyer says it is safe.

The example shows the order of steps, not a likely outcome.

Is there a checklist I can print?

Yes. Give it to a family member to keep, or bring it to your lawyer.

Who can help?

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

• Your appointed lawyer or defense lawyer. Ask for one at your first court date if you can't pay. In Santa Clara County, the Public Defender's main line is (408) 299-7700.
• Community Legal Services in East Palo Alto (CLSEPA): 650-326-6440, for immigration and deportation defense help for people with low income in San Mateo and Santa Clara counties.
• More free and low cost help: Free or low cost immigration legal help in the Bay Area
• If agents are in your neighborhood: Who to call if you see immigration agents

You are not your arrest. Take it one step at a time, and let people help you carry it.