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Attorneys warn of U.S. citizens being detained by ICE, urge community to know their rights

Attorneys warn of U.S. citizens being detained by ICE
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BAKERSFIELD, Calif. (KERO) — Amid growing reports of U.S. citizens being detained by Immigration and Customs Enforcement, immigration attorneys in Kern County are urging residents to know their legal rights and be prepared if approached by ICE agents.

  • Amber Tovar, Immigration Legal Services Director with the UFW Foundation, said that even though ICE does not have jurisdiction over U.S. citizens, detainments still occur when agents claim there is “reasonable suspicion” that someone may be undocumented.
  • Ana Huerta, a local immigration attorney and granddaughter of civil rights leader Dolores Huerta, stressed the importance of being prepared, even as a citizen.

Amid growing reports of U.S. citizens being detained by Immigration and Customs Enforcement, immigration attorneys in Kern County are urging residents to know their legal rights and be prepared if approached by ICE agents.

Amber Tovar, Immigration Legal Services Director with the UFW Foundation, said that even though ICE does not have jurisdiction over U.S. citizens, detainments still occur when agents claim there is “reasonable suspicion” that someone may be undocumented.

“Even a U.S. citizen has the right to remain silent, to not share information, and to ask for an attorney,” Tovar said. “But we’ve seen citizens detained because of the color of their skin—brown individuals, who might look like gardeners or day laborers.”

Tovar said the foundation has received several reports in recent weeks of U.S. citizens in California being questioned and detained during federal immigration enforcement actions, particularly amid heightened ICE activity in the Los Angeles area.

Ana Huerta, a local immigration attorney and granddaughter of civil rights leader Dolores Huerta, said she has encountered similar cases in the past. She stressed the importance of being prepared, even as a citizen.

“I generally do not carry my passport on me,” Huerta said. “But my family knows where those documents are located.”

Huerta said that during detentions—whether criminal or immigration-related—personal items are typically confiscated. She recommends memorizing the phone number of a trusted contact or civil rights attorney, as phones are often taken during the booking process.

“Just having a license may not be enough,” Huerta said. “Immigration doesn’t enforce traffic laws, so you have the right to ask who’s stopping you—and why.”

Both attorneys noted that ICE does not always verify citizenship quickly, and some individuals may spend days in detention while their case is processed.

“There is no one-size-fits-all,” Huerta said. “It depends on the case, the documentation, and the response of the immigration office.”

Tovar added that while federal agencies can access records like Social Security numbers, the best safeguard is ensuring a trusted relative or contact has access to your physical identification documents.

“You don’t have to carry proof of citizenship,” Tovar said. “But you do need to know your rights and be ready to protect them.”

Attorneys also encouraged residents to stay informed and connected with local support networks such as the Rapid Response Network, which provides legal guidance and community support during immigration enforcement actions.

For now, local volunteers continue to monitor ICE activity across Kern County and verify reports of enforcement on a daily basis.


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