In 1989, San Francisco passed the “City and County of Refuge” Ordinance (also known as the Sanctuary Ordinance). The Sanctuary City Ordinance generally prohibits City employees from using City funds or resources to assist Immigration and Customs Enforcement (ICE) in the enforcement of Federal immigration law unless such assistance is required by federal or state law.

In 2013, San Francisco passed the “Due Process for All” Ordinance. This ordinance limits when City law enforcement officers may give ICE advance notice of a person’s release from local jail. It also prohibits cooperation with ICE detainer requests, sometimes referred to as “ICE holds.”

These ordinances were last amended in July 2016.

If however you are stopped by an Immigration and Customs Enforcement (ICE) officer or agent on the street, of if they come to your home, the following is some important legal information you should know.

If an ICE agent stops you on the street

Keep calm. Always ask the officer, “Am I free to go?” If the answer is “yes,” walk away.

If the answer is “no:”

Do not walk away
Do not answer any questions
Ask for a lawyer
Do not talk about your immigration status
Do not talk about when and how you came to the United States

If an officer searches you, say, “I do not consent to this search.”

If an ICE agent comes to your home

Do not open the door. Ask the officer to slip a valid Judicial Search and Seizure Warrant or a valid Judicial Arrest Warrant under your door. If they don’t have a valid Judicial Search and Seizure Warrant, or Judicial Arrest Warrant they cannot enter your home or place of business without YOUR EXPLICIT PERMISSION.

It MUST be:

Signed by a judge or magistrate (not an immigration official)
Show the address to be searched
State in detail where the agent will search

If an ICE agent comes to your home with a warrant for removal/deportation

A Judicial Search and Seizure Warrant is not the same as a DHS administrative warrant of removal-deportation.

You do not have to let them into your home if they only have a DHS administrative warrant of removal-deportation.

You MUST however let any law enforcement personnel with a valid Judicial Search and Seizure Warrant or a valid Judicial Arrest Warrant into your home and you may not unduly impede or prevent them from carrying out the defined tasks within the warrant.

If you are arrested by an ICE agent

You have a right to an attorney. Ask to speak to a lawyer.
You have a right to remain silent. Do not answer questions.
Do not sign anything without a lawyer.
Do not lie or show fake documents.
Do not talk about your immigration status. Do not talk about when and how you came to the United States.