Policy Text
Policy
414Garden Grove Police Department
Policy Manual
Copyright Lexipol, LLC 2024/03/20, All Rights Reserved.
Published with permission by Garden Grove Police
DepartmentImmigration Violations - 1Immigration Violations
414.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines to members of the Garden Grove Police
Department relating to immigration and interacting with federal immigration officials.
The United States Immigration and Customs Enforcement (ICE) has primary jurisdiction for
enforcement of the provisions of Title 8, U.S. Code dealing with illegal entry, etc. When members of
the Garden Grove Police Department are requested by the ICE to provide immediate assistance,
or when suspected criminal violations are discovered as a result of any investigation, based upon
probable cause, not originating from violations of Title 8, U.S. Code, §§ 1304, 1324, 1325, and
1326, members of the Garden Grove Police Department may assist in the enforcement of federal
immigration laws.
414.1.1 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.
414.2 POLICY
It is the policy of the Garden Grove 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.
414.3 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 not in any way that would violate the United States
or California constitutions.
Garden Grove Police Department
Policy Manual
Immigration Violations
Copyright Lexipol, LLC 2024/03/20, All Rights Reserved.
Published with permission by Garden Grove Police
DepartmentImmigration Violations - 2414.4 IMMIGRATION INQUIRIES PROHIBITED
Officers shall not inquire into an individual’s immigration status for immigration enforcement
purposes (Government Code § 7284.6).
414.4.1 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).
414.4.2 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).
414.5 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 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, he/she may arrest the individual for that offense
(Government Code § 7284.6).
An officer shall not detain any individual, for any length of time, for any other criminal immigration
violation of federal immigration laws (Government Code § 7284.6).
An officer should notify a supervisor as soon as practicable whenever an individual is arrested for
violation of 8 USC § 1326(a).
Members of the Garden Grove Police Department shall not independently conduct sweeps or
other concentrated efforts to detain suspected undocumented aliens.
When enforcement efforts are increased in a particular area, equal consideration should be