Immigration_Violations

Policy 413CSU Police Department Policy Manual Copyright Lexipol, LLC 2025/02/14, All Rights Reserved. Published with permission by CSU Police DepartmentImmigration Violations - 1Immigration Violations 413.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines to members of the CSU Police Department relating to immigration and interacting with federal immigration officials. The CSU Police Department is proud of the diversity of its community and strives to foster a campus environment that is safe and welcoming for everyone. The CSU is committed to assuring an environment where all members of our university community are not hesitant or afraid to come forward or interact with the University Police departments for fear of intervention by ICE. Primary jurisdiction for enforcement of federal immigration laws concerning unlawful entry into the United States rests with ICE, not with the University Police. CSU police officers shall not contact, detain, question or arrest individuals solely on the basis of known or suspected immigration status. 413.1.1 DEFINITIONS The following definitions apply to this policy (Government Code § 7284.4): Criminal immigration violation - Any federal criminal immigration violation that penalizes a person’s presence in, entry, or reentry to, or employment in, the United States. This does not include any offense where a judicial warrant already has been issued. Immigration enforcement - Any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, including any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a person's presence in, entry or reentry to, or employment in the United States. Judicial warrant - An arrest warrant for a violation of federal criminal immigration law and issued by a federal judge or a federal magistrate judge. 413.2 POLICY It is the policy of the CSU Police Department that all members make personal and professional commitments to equal enforcement of the law and equal service to the public. Confidence in this commitment will increase the effectiveness of this department in protecting and serving the entire community and recognizing the dignity of all persons, regardless of their national origin or immigration status. Pursuant the California Values Act (Cal. Govt. Code §7284, et seq) and Education Code §66093.3(h) and (i), the CSU Police Department shall post this policy limiting assistance with immigration enforcement to the fullest extent of the law on the department's website. 413.3 VICTIMS AND WITNESSES To encourage crime reporting and cooperation in the investigation of criminal activity, all individuals, regardless of their immigration status, must feel secure that contacting or being addressed by members of law enforcement will not automatically lead to immigration inquiry CSU Police Department Policy Manual Immigration Violations Copyright Lexipol, LLC 2025/02/14, All Rights Reserved. Published with permission by CSU Police DepartmentImmigration Violations - 2and/or deportation. While it may be necessary to determine the identity of a victim or witness, members shall treat all individuals equally and not in any way that would violate the United States or California constitutions. 413.4 IMMIGRATION INQUIRIES PROHIBITED Officers shall not inquire into an individual’s immigration status for immigration enforcement purposes (Government Code § 7284.6). 413.4.1 CALIFORNIA LAW ENFORCEMENT TELECOMMUNICATIONS SYSTEM (CLETS) Members shall not use information transmitted through CLETS for immigration enforcement purposes except for criminal history information and only when consistent with the California Values Act (Government Code § 15160). Members shall not use the system to investigate immigration violations of 8 USC § 1325 (improper entry) if that violation is the only criminal history in an individual’s record (Government Code § 15160). 413.4.2 CALIFORNIA DEPARTMENT OF MOTOR VEHICLES Members shall not obtain, access, use, or otherwise disclose noncriminal history information maintained by the DMV for immigration enforcement (Vehicle Code § 1808.48). 413.5 DETENTIONS AND ARRESTS Individuals will not be contacted, detained, questioned, or arrested solely on the basis of being or suspected of being an undocumented immigrant, except as required by law. Further, an officer shall not detain any individual, for any length of time, for a civil violation of federal immigration laws or a related civil warrant (Government Code § 7284.6). An officer who has a reasonable suspicion that an individual already lawfully contacted or detained has committed a criminal violation of 8 USC § 1326(a) (unlawful reentry) that may be subject to an enhancement due to a previous conviction of an aggravated felony under 8 USC § 1326(b) (2), may detain the person for a reasonable period of time to contact federal immigration officials to verify whether the United States Attorney General has granted the individual permission for reentry and whether the violation is subject to enhancement (Government Code § 7284.6). No individual who is otherwise ready to be released should continue to be detained only because questions about the individual's status are unresolved. If the officer has facts that establish probable cause to believe that a person already lawfully detained has violated 8 USC § 1326(a) and the penalty may be subject to enhancement due to prior conviction for specified aggravated felonies, they may arrest the individual for that offense (Government Code § 7284.6). An officer shall not detain any individual