Policy Text
Policy
423Fremont Police Department
Immigration Violations
423.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines to members of the Fremont Police Department
related to their duties and responsibilities associated with immigration law, arrests, detentions/
detainers, and Requests for Notifications.
423.2 POLICY
It is the policy of the Fremont Police Department that all members make personal and professional
commitments to equal enforcement of the law and equal service to the public, in compliance
with 8 USCA § 1373, The Truth Act, The Values Act, The Trust Act, and The City of
Fremont Compassionate Sanctuary City Policy. 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.
423.3 DEFINITIONS
(a)DHS Form I-200 (Warrant arrest of Alien): the Department of Homeland Security
(DHS) form that directs any immigration officer authorized pursuant to sections 236
and 287 of the Immigration and Nationality Act and part 287 of Title 8, Code of Federal
Regulations, to serve warrants of arrest for immigration violations.
(b)DHS Form I-205 (Warrant of Removal/Deportation): the DHS form that directs any
immigration officer of the United States Department of Homeland Security to remove/
deport the specified inmate.
(c)DHS Form I-247A (Immigration Detainer-Notice of Action): the DHS form that requests
the receiving law enforcement agency to:
1.Notify ICE, as early as practical, of the release date of an inmate prior to his/
her release;
2.Maintain custody of an inmate for a period not to exceed 48 hours beyond his/
her scheduled release;
3.Relay the detainer request to any other law enforcement agency to which the
inmate is transferred; or
4.Notify ICE in the event of the inmate’s death, hospitalization, or transfer to
another institution.
(d)ICE: The U.S. Department of Homeland Security’s Immigration and Customs
Enforcement Agency (ICE) has the primary responsibility to investigate and enforce
federal immigration laws.
(e)ICE Access under the Truth Act: “ICE Access” means for the purposes of civil
immigration enforcement, when the local law enforcement agency takes any of the
following actions:
Copyright Lexipol, LLC 2023/12/21, All Rights Reserved.
Published with permission by Fremont Police DepartmentImmigration Violations - 1
Fremont Police Department
Immigration Violations
1.Arresting, stopping, detaining, or otherwise taking control of an individual for
purposes of civil immigration enforcement;
2.Responding to an ICE hold, notification, or transfer request;
3.Providing notification to ICE in advance of the public that an individual is being
or will be released at a certain date and time through data sharing or otherwise;
4.Providing ICE non-publicly available information regarding release dates, home
addresses, or work addresses, whether through computer databases, jail logs
or otherwise;
5.Allowing ICE to interview an individual; or
6.Providing ICE information regarding dates and times of probation or parole
check-ins.
(f)Joint Law Enforcement Task Force: At least one California law enforcement agency
collaborating, engaging, or partnering with at least one federal law enforcement
agency in investigating federal or state crimes.
(g)Judicial Probable Cause determination: The Values Act: defines “Judicial probable
cause determination” to mean a determination made by a federal judge or federal
magistrate judge that probable cause exists that an individual has violated federal
criminal immigration law and that authorizes a law enforcement officer to arrest and
take into custody an individual.
(h)Judicial Warrant: The Values Act defines “Judicial warrant” to mean a warrant based
on probable cause for a violation of federal criminal immigration law and issued by a
federal judge or a federal magistrate judge that authorizes a law enforcement officer
to arrest and take into custody the person who is the subject of the warrant.
(i)Personal Information: “Personal information” means any information that is maintained
by the City that identifies or describes an individual, including, but not limited
to, his or her name, social security number, physical description, home address,
home telephone number, education, financial matters, work address and medical or
employment history. It includes statements made by or attributed to, the individual.
(j)Transfer of Custody: The custody exchange of an inmate within the secure area of the
facility not accessible to the public, from the Fremont Police Department’s custody to
the custody of another law enforcement agency.
(k)Trust Act (Gov. Code §§ 7282 et seq.): Provides that a person may not be held in
custody solely on the basis of a request for notification and/or detainer if he or she
is otherwise eligible to be released from custody. “Eligible for release from custody”
means that the individual may be released from custody because one of the following
conditions has occurred:
1.All criminal charges against the individual have been dropped or dismissed;
2.The individual has been acquitted of all criminal charges;
3.The individual has served all the time required for their sentence;
4.The individual has posted a bond; or
Copyright Lexipol, LLC 2023/12/21, All Rights Reserved.
Published with permission by Fremont Police DepartmentImmigration Violations - 2
Fremont Police Department
Immigration Violations
5.The individual is otherwise eligible for release under state or local law.
(l)Truth Act (Gov. Code §§ 7283 et seq.): Requires law enforcement