Can Police Turn Me Over to ICE in California?

California’s sanctuary law limits how local police cooperate with Immigration and Customs Enforcement (ICE). If you’re facing immigration enforcement, understanding these protections is critical.

What is SB 54 (The California Values Act)?

Senate Bill 54, effective January 1, 2018, prohibits California law enforcement from using resources for immigration enforcement.

Core Prohibitions Under SB 54

California law enforcement cannot:

• Question you about your immigration status during routine stops or investigations
• Hold you in custody solely to allow ICE to pick you up
• Share your personal information (home address, work address) with ICE unless it’s already publicly available
• Provide office space exclusively for ICE use
• Make arrests based on civil immigration warrants
• Use ICE agents as interpreters
• Allow officers to be supervised by federal agencies for immigration enforcement
• Participate in joint task forces where the primary purpose is immigration enforcement

What SB 54 Does NOT Do

Critical Limitation: SB 54 does not prevent ICE from operating in California. Federal immigration agents can still:

• Independently arrest noncitizens
• Conduct workplace raids
• Execute federal search warrants
• Operate removal proceedings
• Deport people from California

As California Attorney General Rob Bonta explained: “The federal government has a lane that they are entitled to move in, they can enforce immigration law. But they can’t conscript or force the city or the county or the state law enforcement entities to do their job for them.”

Exceptions: When Police Can Cooperate With ICE

SB 54 includes exceptions allowing limited cooperation when someone has been convicted of certain serious crimes within specified timeframes:

Police may notify ICE or transfer custody if you have:

• Conviction for a serious or violent felony under California law
• Conviction for most felonies in the last 15 years (with exceptions)
• Conviction for a felony punishable by state prison
• Conviction in the past 5 years for a misdemeanor that’s a “wobbler” (can be charged as misdemeanor or felony) listed in Government Code § 7282.5
• Federal conviction meeting the aggravated felony definition
• Current charge for a serious or violent felony with judicial probable cause finding
• Registration on California Sex and Arson Registry

Protections remain for:

• All straight misdemeanor convictions (including drug possession and DUI)
• Most drug offenses reduced under Proposition 47
• Traffic violations
• Juvenile adjudications (varies by county policy)

Your Rights in California Jails

ICE Interview Requests

If you’re in county jail and ICE wants to interview you, jail staff must:

1. Provide you a written consent form in your language (available in English, Spanish, Chinese, Tagalog, Vietnamese, Korean)
2. Allow you to indicate whether you consent to the interview
3. Not make you available for interview without your written consent

You have the right to:

• Decline the interview entirely
• Request your attorney be present
• Refuse to answer questions

ICE uses these interviews to gather information for removal proceedings. You are never required to agree.

ICE Transfer and Notification Requests

If ICE sends a request to hold you beyond your release date or transfer you to immigration custody, the sheriff’s department must give you and your attorney:

• A copy of ICE’s request
• Notice of whether they will comply with the request

This notification requirement allows you to challenge any cooperation that violates SB 54.

Report Violations

If law enforcement violated SB 54, report to the California Attorney General’s Office or ACLU of Northern California. Document everything: officer names/badges, dates, times, what was said, witnesses. Consult an immigration attorney, violations may provide defenses in removal proceedings.

Related California Protections

TRUTH Act (AB 2792, 2016): Requires notice when complying with ICE detainer requests and mandates data collection on ICE transfers.

AB 450 (2017): Prohibits employers from allowing ICE workplace access without a warrant, providing employee records without a subpoena, or retaliating against employees.

SB 29 (2017): Prohibits new or expanded contracts between local governments and ICE for detention facilities.

SB 81 (2025): Limits immigration enforcement activity at hospitals and clinics by restricting access to nonpublic areas without a judicial warrant or court order and strengthening privacy protections for patient information.

Limits on ICE Access to Sensitive Locations

Schools: AB 699 requires school officials to request ID from immigration enforcement and limits ICE entry to non-public areas without consent.

Healthcare: Medical facilities must protect patient information. Immigration status cannot be disclosed for immigration enforcement.

Courts: California law limits information sharing from courthouse databases despite federal policy changes.

The Limits of State Protection

California’s sanctuary law creates barriers between local police and immigration enforcement, but ICE can still operate independently. Between 2018-2023, California jails transferred over 4,000 individuals to ICE under the law’s exceptions. Some sheriffs publicly defy SB 54—these violations may be challengeable through legal action.

The U.S. Immigration System’s Fundamental Flaws

California’s sanctuary law exists because the federal immigration enforcement system operates with insufficient oversight and targets communities indiscriminately. The law recognizes that:

• Immigration enforcement should not be local law enforcement’s job
• Fear of removal undermines public safety by preventing crime reporting
• Separating families over minor offenses serves no legitimate purpose
• Mass removal campaigns waste resources while failing to address root causes

Yet even California’s protections cannot fully shield people from a federal system designed to maximize enforcement rather than justice.

Contact the Law Office of Lina Baroudi

If ICE has contacted you, arrested you, or if you believe your rights under SB 54 were violated, we can help. We assist clients with:

• Understanding SB 54 protections in your specific situation
• Challenging illegal transfers to ICE custody
• Defending against removal proceedings
• Asserting civil rights violations
• Connecting you with criminal defense counsel when needed

The U.S. immigration system is deliberately complex and enforcement tactics change constantly. Don’t handle these issues alone. Contact us today to discuss your case and learn what legal options are available.

California law provides significant protections, but understanding exactly what those protections are (and aren’t) is essential to defending yourself effectively.