immigration_violations

Policy 438University of California Irvine Police Department UC Irvine PD Policy Manual Copyright Lexipol, LLC 2025/02/14, All Rights Reserved. Published with permission by University of California Irvine Police DepartmentImmigration Violations - 1Immigration Violations 438.1 PURPOSE AND SCOPE The immigration status of individuals alone is generally not a matter for police action. It is incumbent upon all employees of this department to make a personal commitment to equal enforcement of the law and equal service to the public regardless of immigration status. Confidence in this commitment will increase the effectiveness of the Department in protecting and serving the entire community. 438.1.1 DEFINITIONS The following definitions apply to this policy (Government Code § 7284.4): 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. 438.2 DEPARTMENT POLICY The U.S. Immigration and Customs Enforcement (ICE) has primary jurisdiction for enforcement of the provisions of Title 8, United States Code dealing with illegal entry. UCIPD, on the other hand, has primary responsibility for preserving and protecting public safety for the University community. Community trust and cooperation is essential to effective law enforcement on campus and other University property. The limited resources of UCIPD should not be diverted from this mission to the enforcement of federal immigration laws; UCIPD shall not enforce federal immigration law. UCIPD should avoid actions that create a disincentive to report crime, or to offer testimony as a witness to a crime, such as requesting information about immigration status from crime victims and witnesses. In accordance with the California Values Act, Government Code section 7284.6(a)(1), UCIPD shall not use University resources or personnel to investigate, interrogate, detain, detect or arrest persons for immigration enforcement purposes, including any of the following: A.Inquiring into an individual's immigration status. B.Detaining an individual on the basis of a federal immigration "hold" request. C.Providing information to federal immigration enforcement agencies regarding a person's release date or responding to requests for notification by providing release dates or other information unless that information is available to the public. D.Providing an individual's home address, work address or other personal information, as defined in Section 1798.3 of the Civil Code, unless that information is available to the public. E.Making or intentionally participating in arrests based on civil immigration warrants University of California Irvine Police Department UC Irvine PD Policy Manual Immigration Violations Copyright Lexipol, LLC 2025/02/14, All Rights Reserved. Published with permission by University of California Irvine Police DepartmentImmigration Violations - 2F.Assisting immigration authorities in the activities described in Section 1357(a)(3) of Title 8 of the United States Code. G.Performing the functions of an immigration officer, whether pursuant to Section 1357(g) of Title 8 of the United States Code or any other law, regulation, or policy, whether formal or informal. 438.3 PROCEDURES FOR IMMIGRATION COMPLAINTS Persons wishing to report immigration violations should be advised that immigration enforcement is the responsibility of the federal government. 438.3.1 BASIS FOR CONTACT, DETENTION, QUESTIONING OR ARREST UCIPD Officers shall not contact, detain, question or arrest an individual solely on the basis of suspected undocumented immigration status or to discover the immigration status of an individual. 438.3.2 NO SWEEPS The UC Irvine Police Department does not conduct sweeps or other concentrated efforts to detain suspected undocumented persons. When law enforcement efforts are increased in a particular area, equal consideration should be given to all suspected violations and not just those affecting a particular race, ethnicity, age, gender, sexual orientation, religion, socioeconomic status or other group. The disposition of each contact (e.g., warning, citation, arrest), while discretionary in each case, should not be affected by such factors as race, ethnicity, age, gender, sexual orientation, religion or socioeconomic status. 438.3.3 ICE REQUEST FOR ASSISTANCE Requests by federal immigration officials for assistance from UC Irvine Police Department should be directed to the Chief of Police or designee, who will determine the department's response. In accordance with the California Values Act, UCIPD shall not: 1.Place peace officers under the supervision of federal agencies or employ peace officers deputized as special federal officers of special federal deputies for purposes of immigration enforcement. 2.Use immigration authorities as interpreters for law enforcement matters relating to individuals in UCIPD custody. 3.Provide office space exclusively dedicated for immigration authorities to use within a UCIPD facility. In accordance with the California Values Act, this department shall not participate in enforcement or investigative duties associated with a joint law enforcement task force, as defined in Section 7284.4(g) of the California Government Code, including the sharing of confidential information, unless the (1) primary purpose of the joint law enforcement task force is not immigration enforcement, and (2) the enforcement or investigative duties are primarily related to a violation of state or federal law unrelated to immigration enforcement. (Gov. Code §7284.6(b)). University of California Irvine Police Department UC Irvine PD Policy Manual Immigration Violations Copyright Lexipol, LLC 2025/02