Immigrant Rights and Resources in Oakland

 

“As a proud sanctuary city, Oakland stands unwavering with our immigrant communities—our city’s heartbeat—families, children, grandparents, who make our culture and economy vibrant. Their safety and well-being create a thriving Oakland for everyone.” – Mayor Barbara Lee

 

This page provides information about the City of Oakland’s policies regarding our immigrant community and resources available to Oaklanders through our county, regional, and state partners.

Resources

   

Sanctuary City 

Oakland is a Sanctuary City. In compliance with City policy, the Oakland Police Department does not enforce nor assist Immigration and Customs Enforcement (ICE) officials in enforcing civil immigration law violations. 

If Oaklanders see ICE activity in Alameda County or know someone who’s been detained, you are encouraged to call the Alameda County Immigration Legal and Education Partnership Hotline at 510-241-4011.

  • California is a Sanctuary State, and the California Office of the Attorney General is the state’s top law enforcement official office. This Office has published a “Know Your Rights” guide along with guidance for immigrant students and families and information about how to avoid immigration scams. This information is available online at https://oag.ca.gov/immigrant/resources. 

  • If you have information regarding immigration enforcement happening in your community or believe state or federal law is being violated, please reach out to the Office of the Attorney General at immigration@doj.ca.gov. 

  • If you believe your rights have been violated, the Office of the Attorney General advises you to report it to the California Department of Justice at oag.ca.gov/report. 

Oakland Police Department Immigration Policy

Frequently Asked Questions (FAQ)

What is Oakland’s stance on immigration and sanctuary policies?

Oakland has a long-standing commitment to protecting the rights and dignity of all residents, regardless of immigration status. The city has been a City of Refuge since 1986 and reaffirmed its Sanctuary City status in 2016. The cooperation agreement with ICE was terminated in 2017, and the Oakland Sanctuary City Ordinance (Ordinance No. 13515) was enacted in January 2019 to formalize this commitment.

What does the Sanctuary City Ordinance prohibit OPD from doing?

Under Ordinance 13515, OPD:

  • Cannot provide assistance to ICE or its subdivisions, including traffic control or operations, except:
    • During a public safety emergency related to an ICE action
    • When required by federal or state statute, regulation, or court order
  • If OPD assists ICE under these exceptions, the department must submit a written report to the Public Safety Committee explaining the circumstances.

Are OPD officers allowed to share information with ICE or CBP?

No. Officers cannot share non-public information such as:

  • An individual’s address
  • Court dates
  • Release dates

Such information may only be released if a judicial warrant is provided.

Can OPD officers ask about someone’s immigration status?

No. Officers may not inquire about or request proof of immigration status while providing services or benefits. The only exceptions are when immigration status is required by law, such as when processing a U visa or T visa for victims of certain crimes or trafficking.

Does OPD assist ICE in enforcing immigration laws?

No. OPD officers are prohibited from:

  • Enforcing or assisting in the enforcement of civil immigration laws
  • Initiating investigations to determine immigration status
  • Detaining individuals for violations of civil immigration laws.

What happens if ICE requests OPD’s operational assistance?

If ICE requests operational assistance:

  • Directed to the on-duty watch commander for approval.
  • The watch commander must notify the Chief of Police (or designee) immediately.
  • The Chief or designee will evaluate the request based on:
    • Compliance with the California TRUST Act
    • Public and officer safety
    • Availability of OPD resources

Does OPD maintain records about residents’ immigration status?

No. OPD does not collect or maintain information about immigration status, unless it is specifically required for U visa or T visa documentation.

What limits exist on using law enforcement databases for immigration enforcement?

Under California Government Code §15160, law enforcement officers may not use CLETS (California Law Enforcement Telecommunications System) to:

  • Obtain information for immigration enforcement purposes, or
  • Investigate violations of 8 U.S.C. §1325 (illegal entry) when that is the only criminal record present.

What oversight is required if OPD assists ICE in any capacity?

If OPD provides any assistance to ICE (outside of emergencies or mandates), the department must

  • Report the action to the Public Safety Committee
  • Justify the circumstances under which assistance was provided.

What is the bottom line of OPD’s immigration enforcement policy?

  • OPD’s role is to protect public safety, not to enforce immigration law.
  • The department upholds California state law, local sanctuary policies, and civil rights protections for all community members.
 

 

Legal Resources

To learn more and access their services, visit www.acilep.org or call (510) 241-4011, Monday - Friday, 6:00 AM to 6:00 PM.

Alameda County Immigration Legal and Education Partnership (ACILEP) is a collaborative program dedicated to protecting and empowering undocumented communities across Alameda County. We provide rapid response, legal services, and community education to ensure that undocumented individuals and their families have access to justice, dignity, and the resources they need to thrive.

 

Back to top