Ventura County attorneys, official explain immigrant rights during ICE encounters; county reiterates compliance with SB 54

Brooke Lotz, an immigration attorney with the Ventura County Public Defender's Office, and a county staff member outlined legal rights and local procedures for encounters with Immigration and Customs Enforcement (ICE) at a public forum in Ventura County.

"First, everyone in the U.S. has the right to remain silent," Lotz said, advising that people explicitly state they are exercising that right if questioned. She added that people "do not need to sign anything without first speaking to an attorney" and that noncitizens "have the right to speak with an attorney, but [one] will not be appointed to them even if they can't afford it." Lotz said that is how immigration court differs from criminal court.

A county staff member said local law enforcement does not participate in immigration enforcement. "We 100% follow Senate Bill 54, which makes it very clear that all local law enforcement agencies are not to participate in immigration enforcement," the county staff member said. The staff member described a limited notification process: if someone in county custody is held to answer or is convicted of serious or violent crimes, county staff may notify ICE of a release date if ICE requests it and the county verifies the person meets ICE criteria; county staff said they will not hold people beyond their release time to await ICE.

Speakers clarified other practical rights and limits. Lotz said ICE agents generally need a warrant signed by a judge to enter a private home; on public streets, ICE must have probable cause to arrest. She said a court order currently bars ICE from stopping and detaining individuals based solely on skin color, language, employment or location. Lotz advised residents that they may record ICE activity provided they tell agents they are recording and do not interfere with enforcement actions.

Lotz also described post-conviction relief options available through the Ventura County Public Defender's Fresh Start team, saying, "If a noncitizen has a criminal conviction in Ventura County, they may be eligible for post-conviction relief." She listed services the team evaluates for eligibility: expungement, vacatur, reducing felonies to misdemeanors, terminating probation and obtaining a certificate of rehabilitation, and directed people to the Ventura County Public Defender website to submit an evaluation request.

Vanessa Frank, an immigration attorney serving the Central Coast region, advised families to prepare documents and a trusted contact. "It is to have all of your medical, legal records in one place in a secure location," Frank said, and recommended giving copies to trusted people who can access records and contact attorneys. Frank repeated the advice to give only ones name to law enforcement and to have a trusted contact call an attorney.

Discussion versus action: speakers described individual rights and county procedures; no local ordinance or vote was proposed or taken during the remarks. County staff framed the limits of local authority and said changes to immigration enforcement must come from federal law and federal legislators.

Resources mentioned during the forum included the Ventura County Public Defender's Fresh Start team, rapid response sign-ups referenced as "805 immigrant" and "VC Defensa," and legal help referral options for people seeking evaluations.