Policy Text
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GENERAL ORDER
TITLE ACCREDITATION
Foreign Nationals/ Diplomats- CALEA 1.1.4, 1.2.3-a, 1.2.5, 1.2.9-a,
42.2.5, 55.1.1, 61.1.2, 61.1.7-a, 74.3.1
Consular Notification
PRIOR REVISIONS
11/01/01, 02/26/04, 03/08/12, 10/05/16;
06/17/19; 10/24/19, 12/18/19
PROPONENT UNIT
ATTACHMENTS:
Professional Standards Branch -Arresting a Non-US Citizen Consular
Notification Process
-CAN FAX Sheet Consular Notification
-Local Law Enforcement and Foreign
Mission Personnel in the United States-
What to do if Stopped by the Police
-Diplomatic and Consular Immunity
Guidance for Law Enforcement and
Judicial Authorities
-Information for Law Enforcement
Agencies and Judges
-Victims of Criminal Activity: U-
Nonimmigrant Status
-GPD Admin Memo: RE Community
Identification Card
NUMBER ISSUE DATE REVISION DATE TOTAL PAGES
40.3 07/01/98 09/16/2024 7
I. PURPOSE: This Order defines the scope and limits of the Department’s law enforcement
authority regarding detention/arrests of foreign nationals.
II. POLICY: All individuals, regardless of citizenship or immigration status, are entitled to basic
rights and privileges which are set forth in common law, state and federal law, and the Florida
and United States Constitutions. In addition, foreign nationals (persons who are not US
citizens) may be entitled to rights and privileges set forth in the Vienna Convention and other
international laws. It is the policy of the department to provide service to all persons and to
exercise its duties in conformance with all applicable laws, regardless of citizenship or
immigration status, nationality, or racial/ethnic background.
III. DEFINITIONS:
Diplomatic Immunity: A principle of international law is broadly defined as the freedom from
local jurisdiction accorded to duly-accredited diplomatic officers, their families and servants.
Diplomatic officers should not be arrested or detained except for the commission of a grave
crime Family members of diplomatic officers, their servants and employees of a diplomatic
mission are entitled to the same immunities under current United States law (22
U.S.C. § 254) if they are not nationals of, or permanently reside in, the receiving state.
Associated with this personal immunity is the inviolability enjoyed by the premises of the mission
of the sending state and the private residence of a diplomatic agent, his property, papers and
correspondence.
Foreign Nationals: Any citizen of a foreign country present in the United States (without
regard to legal status).
IV: PROCEDURE:
A. Questioning of Foreign Nationals/Arrest Policy:\n\n--- Page 2 ---\n\nGAINESVILLE POLICE DEPARTMENT
1. Authority to Arrest
Officers have no statutory authority to enforce violations of federal immigration
laws. If any foreign national is arrested, the arrest must be based on a confirmed
warrant or on state/local traffic or criminal charges.
2. Participation in ICE Operations
GPD officers are permitted to only assist ICE agents when officers have been
assigned to a task force or a joint criminal investigation involving ICE agents
when the primary focus of the task force or investigation is a criminal
investigation. Examples include, but are not limited to, customs violations, money
laundering, narcotics cases, gang investigations, hate crimes, human trafficking,
and terrorist activities. Even in these circumstances, officers shall obtain
authorization from the Investigations Bureau Chief or higher, prior to participating
in any immigration operation Nothing in this order prohibits an officer from
responding to or being on the scene of any federal warrant service in order to
maintain safety in exigent circumstances.
3. Traffic Violations
If an individual is stopped for a traffic violation is not wanted for other charges or
has a valid driver’s license, the individual should be treated the same as any
other violator and not subjected to arrest or further questioning because of
nationality or immigration status. Without reasonable suspicion of criminal
activity, the individual must not be detained longer than necessary for the traffic
stop to be completed.
4. Confiscating Immigration Documents
Generally, officers do not have authority to confiscate Resident Alien Cards
(a.k.a. “green cards”) or Employment Authorization Cards without the express
authorization from an ICE official. If an officer has probable cause to believe that
immigration documents are altered or counterfeit with fraudulent intent, the officer
is permitted to confiscate those documents and to place charges as appropriate
for the possession of fraudulent government identification documents (Florida
Title XXIII Chapter 322.051)
B. Foreign Nationals as Victims/Witnesses
1. The indiscriminate questioning of foreign nationals about their citizenship or
immigration status without a reasonable basis for suspicion of state/local traffic or
criminal charges is unconstitutional according to Supreme Court decisions.
Officers should refrain from asking questions about citizenship or immigration
status of victims/witnesses unless the investigation warrants it.
If the Victim/Witness’s first language is not English, the department member will
ensure an interpreter is acquired and engaged in any question or conversation
about the person(s) citizenship or immigration status.
2. A police report/investigation is not contingent upon a person’s citizenship or
immigration status. Department employees provide service to all persons
regardless of their citizenship or immigration status.
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3. If it becomes known that a victim or witness is essential to a case is facing
deportation, Department Members may request a delay in deportation for
applicable crimes as indicated by the U.S. Citizenship or immigration status and
Immigration Services. Department members shall forward a request in writing via
their Chain-of-Command to the Office of the Chief. Department members may
refer to the U.S. Citizenship or immigration status and immigration Services-
Information for Law Enforcement Agencies and Judges website for applicable
VISA(s).
If the victim/witness has a criminal history, chances are reduced that ICE will
approve such a request. Any approval by ICE to delay deportation does not
constitute employment authorization or confer any benefit upon the
victim/witness.
C. Juvenile Foreign Nationals
1. Juvenile Notification Procedures: When an arrested or detained foreign
national is a juvenile, the following procedures shall be adhered to:
a.When juvenile foreign nationals are charged with any crime and transported
to the Juvenile Assessment Center (J.A.C.), the arresting officer shall
complete a Foreign National Notification Form and fax it to the appropriate
consular official without delay. In all cases where a juvenile foreign national is
arrested, the arrestee’s / detainee’s consulate shall be notified regardless of
their nationality and whether or not it is a mandatory notification country or
not. In these cases, the Foreign National Notification Form shall be attached
to the offense/incident report by turning it into Records with the CR number
notated on the document.
2. In the event that a juvenile foreign national is issued a civil citation, and
subsequently released to their parent or guardian, the parent or guardian shall be
advised of their right to consular notification, and they may contact them if they
so choose.
D. Arrest Procedures
1. The United States is obligated under international treaties and customary
international law to notify foreign authorities when foreign nationals are arrested
or otherwise detained in the United States. When foreign nationals are physically
arrested, officers shall:
i. Properly inform the foreign national of the right to have their
government notified concerning their arrest/detention.
ii. If the foreign national asks that such notification be made, do so
without delay by informing the nearest consulate or embas