As lawyers committed to justice and equity, we have received numerous accounts of immigrants facing police discrimination and racial profiling. In this article, we will answer what you should do if you encounter this situation. 

Police incorrectly attribute the task of detaining immigrants 

Firstly, immigration issues, such as detaining immigrants, are a federal responsibility only, and do not fall to state, local governments, or police forces (such as sheriffs.)

Second, for the immigrant community in the United States, it is not new that the police tend to favor the majority communities at the expense of minorities. Although it is racism and racial profiling, unfortunately it is a common reality.

What Is The SB4 law?

SB4 is a bill that, as soon as it is signed by Governor Gregg Abbott, would go into effect on February 6, 2024. This law would allow state and local police to arrest undocumented people and exercise the law on “racial grounds.”

This law would also increase penalties. That is, people arrested at the border could be charged with first degree felony, and it could increase to second degree felony for those who refuse be arrested (increasing the sentence from 2 to 20 years.)

SB4 also encourages the police to perform racial profiling. This is an invitation to further discrimination, and further marginalization for all who are in the Hispanic community. 

What Is Racial Profiling?

Racial profiling constitutes a permitted practice for local authorities. That is, they would be allowed to use racial stereotypes to stop someone, without having a legal justification. “If a person looks Latino or Hispanic, you have to pull them over or detain them because they could be undocumented.” Is this correct? It is morally incorrect because it goes against inclusion policies that have been circulating in recent years, would then constitute a step backwards in the law. It Is completely unconstitutional. 

Confronting Discrimination From Police

In the case of a lady we helped, she was arrested for exceeding the speed limit, which was not true. They did not bother with the speeding ticket and simply sent her directly to immigration forces and with the US Marshals without explanation. Clearly, the victim feels she was unjustly detained and targeted on racial grounds. This type of case happens all the time, and it’s our immigration law firm’s job to ensure the immigrants are protected from racial profiling or unconstitutional involvement of local police sheriffs in federal matters such as immigration. 

What Should An Immigrant Do If They Face A Racist Cop?

For more information, consult our immigration lawyers specializing in immigration and criminal law. Any criminal charge could negatively affect your immigration status if not handled by a proper attorney early on.

If he believes he was arrested unjustly or with real causes, his actions must be the same.

• If arrested, hand over your lawyer’s card.
  
• With this action, you would indicate that you do not waive your rights.
  
• Request the presence of your lawyer.
  
• Do not agree to be questioned unless in the presence of your lawyer.
  
• Anything you say in the absence of your lawyer will be against your will.
  
• Don’t sign anything unless your lawyer says so.

In an environment where police discrimination persists, it is vital to know their rights and seek legal advice. SB4 and similar laws increase the risk of “racial profiling,” intensifying discrimination and marginalization in our Hispanic community. Contact an immigration lawyer today. Our immigration lawyers have the advantage that they know both criminal and immigration law. 

Contact Us To Speak With An Immigration And Criminal Defense Lawyer

We are available to provide legal advice and support to all who face racial profiling. Call us at (562) 925-2921 to schedule a consultation with our immigration lawyers in Bellflower, CA, and take the first step toward security and stability in the United States. If you or a loved one has been detained unjustly or racially motivated by racial profiling, contact our immigration attorneys today!

Watch the video below to learn more about how SB4 can affect our community