Undocumented students at UCLA often face systemic barriers to education, employment, and legal protection. With shifting immigration policies and enforcement tactics, knowing your rights is crucial to protecting yourself and your loved ones. This guide provides essential resources for undocumented Bruins, offering legal aid contacts, information on campus support, workplace protections, and steps to take in case of encounters with immigration enforcement.
Understanding Your Rights
Regardless of your immigration status, the U.S. Constitution grants certain protections:
- Right to Remain Silent: You are not required to answer questions about your immigration status from ICE or law enforcement.
- Right to Refuse Consent to a Search: Officers cannot enter your home without a valid warrant signed by a judge.
- Right to an Attorney: You have the right to legal representation, though the government does not provide free attorneys for immigration cases.
- Right Against Discrimination: You cannot be denied medical care, education, or emergency services based on your status.
This document provided by the UCLA Center for Immigration Law provides a comprehensive list of rights to know as an undocumented immigrant.
What to Do If Approached by ICE
- Stay Calm and Do Not Run – Remaining calm helps avoid escalation.
- Do Not Open the Door – Ask the officers to slide a warrant under the door. If it is an administrative warrant (Form I-200 or I-205), it does not grant them permission to enter.
- ICE agents often quickly flash a piece of paper, alleging it is a court-ordered warrant; but many times, it is not the correct type of warrant.
- An immigration warrant is NOT the same as a judicial warrant. Immigration warrants can be issued by ICE themselves, but does not permit searching of nonpublic areas.
- See this website for more in-depth explanations of valid versus invalid warrants & subpoenas.
- This intimidation tactic is often used against undocumented immigrants, which are primarily Latino. Surveys show that Latinos statistically have the lowest rates of education levels compared to U.S. immigrants from other countries due to systemic barriers and xenophobia, so ICE agents take advantage of this barrier to target them.
- Exercise Your Right to Remain Silent – State clearly, “I am exercising my right to remain silent.”
- Do Not Sign Any Documents Without Legal Advice – ICE officers may pressure you into signing voluntary departure orders. See below for pro-bono legal resources for undocumented immigrants.
- Record and Document Everything – If possible, document the encounter or have a bystander record it.
- Call a Lawyer or Advocacy Organization – Legal assistance can significantly impact the outcome of an immigration case.
UCLA-Specific Resources for Undocumented Students
- Undocumented Student Program (USP): www.usp.ucla.edu – Provides legal aid, academic support, and mental health resources. Part of UCLA Resource Center.
- UC Immigrant Legal Services (UCIMM): ucimm.law.ucdavis.edu – Provides free immigration legal assistance to UC students and their immediate family members (e.g. DACA renewals, consultations, assistance with visa applications, etc.).
- Improving Dreams, Equality, Access, and Success (IDEAS) at UCLA: usp.ucla.edu – Student organization striving to be the voice for undocumented students on campus. Provides resources and support to ensure retention in higher education.
- UCLA Labor Center: www.labor.ucla.edu – Supports immigrant workers’ rights; recently received a $200,000 grant to secure equal employment opportunities for undocumented students across the UCs.
External Legal Aid and Advocacy Organizations
- National Immigration Law Center (NILC): www.nilc.org – Legal resources and policy updates for immigrants. Currently fighting the Trump administration in court to renew Deferred Action for Childhood Arrivals (DACA) Act (protects the rights of children of undocumented immigrants from deportation).
- American Civil Liberties Union (ACLU): www.aclu.org/immigrants-rights – Legal defense strategies, rights education, and various research-based, litigation-focused campaigns and initiatives.
- United We Dream: www.unitedwedream.org – Resources for undocumented youth and DACA recipients. Provides updated news on immigration law and executive orders regarding immigrants, as well as mental health resources for immigrants.
- Immigrant Legal Resource Center (ILRC): www.ilrc.org – Legal assistance from expertly-trained immigration lawyers and Know Your Rights materials.
- RAICES (Refugee and Immigrant Center for Education and Legal Services): www.raicestexas.org – Provides free and low-cost legal aid. Social services also available (e.g. reproductive health, school registration, driver license, mental health, financial literacy, parenting classes, clothing banks, transportation, etc.).
- L.A. County Office of Immigrant Affairs (OIA): oia.lacounty.gov – Offers legal aid, social services, and community programs to support immigrants in Los Angeles County.
Workplace Protections for Undocumented Students
- Fair Labor Standards Act (FLSA) protects all workers, regardless of status, ensuring minimum wage and overtime pay.
- Occupational Safety and Health Administration (OSHA) guarantees safe working conditions and the right to report workplace hazards without retaliation.
- However, under the new Trump administration, the leader of OSHA has been replaced with David Keeling. Possible changes to Biden’s OSHA regulations include: lessened reliance on electronic reporting of injuries, end of public data release on injuries, end of heat safety standards, lessened infectious disease standard, etc.). These transformations, though not yet implemented, are necessary to remain updated on.
- National Labor Relations Act (NLRA) allows undocumented workers to unionize and advocate for better conditions in private-sector workplaces, without fear of retaliation.
Education and Healthcare Access
- Public K-12 Education: Under Plyler v. Doe (1982), undocumented children have the right to attend public schools.
- Higher Education: UCLA offers in-state tuition under AB 540 and financial aid for undocumented children brought to the U.S. before 16 through the California Dream Act.
- UCLA Ashe Student Health & Wellness Center: Provides confidential medical care regardless of immigration status. All registered UCLA students may use the Ashe Center.
Emergency Preparedness for UCLA Students and Their Families
- Family Preparedness Plan: Have an emergency plan in place in case of detention or deportation.
- Compile important documents like passports, birth certificates, and medical records in a secure, easily accessible location.
- Inform family members of their rights and how to respond to enforcement actions.
- Power of Attorney: Designate a trusted individual to care for children or handle financial matters.
- Emergency Contacts: Keep a list of legal aid numbers and a trusted advocate who can step in if necessary.
- L.A. County Office of Immigrant Affairs (OIA): 1-800-593-8222
- UCLA Undocumented Students Program (USP) & Legal Services: 310-206-2980
- American Civil Liberties Union (ACLU) – Southern California Division: 213-977-9500
Visual Credit: Julianne Le, Editor-in-Chief
