California's Illegal Immigration Laws

• The state of California is a popular destination for immigrants from Mexico because of its location. There are an estimated three million illegal immigrants now living in California. Supporters of illegal immigration claim that the practice lowers the cost of labor and the price of products for consumers because immigrants are willing to work at less than the minimum wage. Critics cite the fact that the immigrants do not pay taxes while benefiting from things such as the health care and education systems. Regardless of public support, illegal immigration is just that -- illegal. The state of California has its own laws that complement national laws regarding illegal immigration.

Cooperation

• In matters of immigration, the United States Congress retains complete authority. The state of California Penal Code states that law enforcement agents within the state will cooperate with federal immigration and naturalization officers regarding individuals arrested for being illegal residents in the United States. The state must defer to federal immigration laws.

Verification of Identity

• California Penal Code section 834b states that law enforcement agents may, if they suspect the legality of an individual's citizenship, attempt to verify the legal status of any individual. This verification can include questioning the individual's date and place of birth, the circumstances surrounding his entry into the United States and requesting official documentation of his legal status.

Notification

• If an individual is found to be an illegal resident, law enforcement agents are required to notify the individual of her illegal status and that she must obtain permission to remain in the United States or be deported. The law enforcement agent is then required to notify the attorney general of California and the U.S. Immigration and Naturalization Service of the status of the illegal resident.

Detention

• Foreign nationals, including illegal immigrants, cannot be held for more than two hours without being informed of his right to communicate with an official from his home country's consulate.

Fines

• The state of California outlines in section 653.55 that no individual should knowingly make false statements regarding immigration matters. Violation of this results in a misdemeanor charge, imprisonment for up to six months and a fine of up to $2,500.