New California Law Will Protect Immigrants Who Witness Crimes

The law will help more immigrants who have been victims of crimes.

New California Law Will Protect Immigrants Who Witness Crimes

Across California and the United States, many immigrants live in fear of potential deportation or other immigrant consequences if they happen to get caught up in some sort of illegal activity. Even if they are not directly involved, just being a victim or a witness to a crime could land them in serious hot water with the United States Customs and Immigration Services, or ICE. Since the election of President Donald Trump and his administration’s tougher stance on immigration, there have been numerous stories of victims of crimes being arrested at the courthouse, or of police turning over witnesses and victims to crimes to federal immigration authorities.

In California, a new law seeks to stop this from occurring. As of January 1, 2018, California police will be prevented from arresting crime victims or witnesses to crimes simply due to actual or suspected immigration violations. This law is one of several measures drafted by state lawmakers in an attempt to ensure that people who are living in California without legal status but who are otherwise following the law are not deterred from reporting crimes or serving as witnesses in criminal cases due to their immigration statues.

As the law currently stands, police in California are not permitted to detain people who report or are helping investigations regarding hate crimes. The new law will extend this protection to victims and witnesses of all crimes, unless the police are executing a warrant. Similarly, law enforcement officers will be probated from handing over crime victims or witnesses to federal immigration authorities without a warrant. This measure is intended to help immigrants cooperate with law enforcement and to help protect immigrants who may be victims of crimes.

For defendants in criminal cases, this law is also important, as it may help them in securing witnesses to testify on their behalf. In many cases, the only witnesses to a crime may be people who are undocumented. They may not be willing to risk deportation or other immigration consequences in order to testify for a friend, relative or neighbor. This law will provide protection for them, as the police will not be able to arrest them or turn them over to federal immigration authorities simply for witnessing a crime. An experienced Los Angeles defense attorney can work with defendants in cases involving witnesses who are reluctant to testify due to their immigration status, and can explain this law and other laws that may protect them.

At the Chambers Law Firm, our attorneys are skilled at helping our clients achieve the best possible outcome for their cases. If you have been charged with a crime in Los Angeles or the surrounding areas, contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.

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