A panel of legal experts spoke at California State University, Bakersfield (CSUB) to discuss immigration law and constitutional rights on March 12. The event, hosted by the Keckley Institute of Ethics, focused on educating the community on legal protections for immigrants and recent changes in enforcement policies.
H.A. Sala, criminal defense attorney and Director of the Immigration Justice Collaborative, who has over 40 years of legal experience, explained that immigration enforcement must follow constitutional rules.
He mentioned a 2021 court case where ICE agents were found to have violated rights by detaining workers without proper evidence.
“The courts ruled that immigration agents cannot detain or question people without specific facts,” Sala said.
Salas also brought up California’s SB 54, a law that prevents local police from assisting in federal immigration enforcement.
He reassured the community that agencies like the Kern County Sheriff’s Office and Bakersfield Police Department cannot stop people just to check immigration status.
Attorney David Torres, a criminal attorney with over 35 years of experience, said he noticed a sharp rise in immigration cases since February of this year.
“I have noticed an increase in what I call unlawful entry cases,” Torres said. “People are being charged simply because they have a prior conviction and they are in this country. I’ve noticed a significant increase.”
Torres explained that the rule of law must be upheld for everyone, regardless of their immigration status, and the Fourth Amendment protects individuals from unlawful searches and seizures. Yet, he said he continued to see cases where people are stopped simply because of how they look.
“The Fourth Amendment forbids stopping people just because they look Mexican,” Torres cited the Supreme Court case United States v. Brignoni-Ponce.
Torres explained that officers must have “articulable reasonable suspicion” to stop someone, whether on foot or in a vehicle. “People think they can just stop your car and pull you over, that’s not how it works. And you need to let people know that because they’re afraid to go out, afraid to do basic things like buying groceries.”
Torres also spoke about the California Values Act, which prevents state and local law enforcement from assisting federal immigration authorities.
“The administration may say one thing, but immigrants on the ground are telling me what’s really happening: early morning raids in Lamont, in Arvin. That’s why it’s so important to spread the word,” he said.
He reassured the community that staying silent is often the best defense.
“If you’re stopped, don’t show your AB60 license or answer questions. Just say, ‘I choose to remain silent,’” he said.
Adhemir Romero, an attorney with Immigrant Legal Defense, spoke about the free immigration legal services available to students, faculty, staff, and their families at CSUB and other CSU campuses.
“These services are free for students, staff, and their immediate families, including parents, spouses, children, and siblings,” he explained.
These services are available at nine CSU campuses and 34 community colleges.
Romero also shared an update on the DACA program. The Fifth Circuit Court of Appeals ruled that DACA can continue, but with some limits in Texas. “DACA can still protect people from deportation everywhere, but in Texas, people can’t get work permits,” Romero said.
He explained that while the program’s protection from deportation is allowed in all states, Texas is the only one where work permits can’t be issued. Romero also mentioned that there’s a deadline of April 17th for a possible appeal to the Supreme Court.
For those with DACA, renewals are still allowed.
Romero encouraged anyone who is waiting to apply or has questions to get help from a lawyer. “If you’re part of the CSUB community, come talk to one of our attorneys for more details,” he said.
