- Explanation of the purpose of the interview
- Advisement that the interview is voluntary
- Advisement that he or she has the right to decline the interview
- Advisement of the inmate’s right to have counsel present during the interview
California Governor Jerry Brown recently signed a trio of state laws into
law that help protect immigrants from the harshness of some federal immigration
laws and establish important rights for those who have no legal status.
Through passage of the TRUTH Act, AB813, and SB1242, the California legislature,
along with the Governor, have continued to take groundbreaking steps to
integrate its existing immigrant population into society. The
TRUTH Act
provides due process rights for immigrants who have been accused or convicted
of crimes and are being held in local jails. Under this law, when Immigration
and Customs Enforcement (ICE) places an official detainer on a jail inmate,
or a request to the jail to hold or transfer the inmate, jail staff must
provide the immigrant with a copy of the detainer. In the event that ICE
wants to interview an immigrant inmate, the relevant law enforcement agency
must give the inmate a written consent form that sets forth the following
provisions:
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