Policy Text
Policy Delano Police Department
413 Delano PD Policy Manual
Immigration Violations
413.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines to members of the Delano Police
Department relating to immigration and interacting with federal immigration officials.
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.
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 Delano 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.
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 and/
or deportation. While it may be necessary to determine the identity of a victim or witness, members
shall treat all individuals equally and without regard to race, ethnicity, or national origin in any way
that would violate the United States or California constitutions.
413.4 DETENTIONS AND ARRESTS
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 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.
Copyright Lexipol, LLC 2019/12/06, All Rights Reserved. Immigration Violations - 1
Published with permission by Delano Police Department