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Date: 08/05/04 Revision: 11/21/17 Reviewed: 02/03/25 HILLSBOROUGH COUNTY SHERIFF’S OFFICE CHAD CHRONISTER , SHERIFF STANDARD OPERATING PROCEDURE Number: GEN 505.08 Page: 1 of 9 SUBJECT: ARRESTS, DETENTION, AND ENCOUNTERS WITH FOREIGN NATIONALS, DIPLOMATS AND UNDOCUMENTED IMMIGRANTS I. PURPOSE : The purpose of this standard operating procedure is to def ine the guidelines to be followed by Sheriff's Office personnel when conducting investigations and providing assistance in situations invo lving foreign nationals, non-English speaking individuals, diplomats, undocumented immigrants, and consular officers. II. SCOPE : This procedure shall apply to all Sheriff's Office personnel. III. DISCUSSION : Sheriff's Office personnel may, in the course of their duties, encounter non-English speaking individuals or citizens of other countries. The United St ates Department of State requires law enforcement agencies to treat foreign nationals in the United States in a manner that complies with consular legal obligations to include consular notification and consular access, subsequent to arrest or significant d etention. These are mutual obligations that also pertain to American citizens abroad. In general, Sheriff's Office personnel should treat a foreign national or a non -English speaking individual as they would want an American citizen to be treated in a simi lar situation in a foreign country. This means taking all reasonable steps to obtain an interpreter for non -English speaking individuals a nd prompt, courteous notification to the foreign national ’s consular for assistance , when applicable. IV. DEFINITI ON: A. Foreign national - any person who is not a United States citizen. Foreign nationals are subject to c onsular notification procedures set forth herein . B. Diplomat - an officer of a country assigned to an embassy in another country . A foreign diplomat in the United States should have an identification card issued by the Department of State. C. Consular official/ Consul - a citizen of a countr y, employed by the government of that country , who is authorized to provide assistance o n behalf of that government to that government's citizens in a foreign country. Foreign consular officers in the United States are generally assigned to the consular section of their government's embassy in Washington D.C., or its consular offices maintai ned in other locations within the United States. A consular officer should have an identification card issued by the Department of State. D. Diplomatic immunity - Diplomatic agents accredited to a foreign government as ambassadors, or other public mini sters, are immune from the jurisdiction of all courts and tribunals of the receiving state whether criminal or civil. They cannot be prosecuted, sued, punished, or compelled to testify in the country to which accredited. The families and households of such diplomatic agents benefit from the same immunity. E. Matrícula Consular - an identification card issued by the consulate of the Mexic an government, to its citizens living in the United States who can prove Mexican citizenship. The Mexican Consulate i s responsible for maintaining data pertaining to these cards. The Matrícula Consular is issued for the purposes of identification and/or passport for reentry into Mexico, access to consular services, identification during contact with law enforcement, ide ntification in the event of an injury or GEN 505.08 11/21 /17 Page 2 of 8 fatality, and application for public utilities. The Matrícula Consular does not give Mexican nat ionals legal immigration status or imply legal residency in the United States, establish voting or driving privileges or allow the holder to establish employment. V. PROCEDURE : A. Arrests or significant detention of foreign nationals, diplomats, or consular officials, may require the Sheriff’s Office to make an arrest/detention notification to the consulate of the arrestee/detainee. Consular notification is not required for brief, routine detentions, such as for traffic violations, traffic crashes, or other situations in which the detainee is immediately released: 1. The deputy should immediately contact his/he r supervisor, conduct the appropriate queries via FCIC/NCIC and initiate a General Offense Report. 2. Diplomats and recognized family members may not be arrested or detained, nor may their residences be entered for investigative purposes. They may be i ssue d traffic citations. Reasonable constraints may be applied in emergency circumstances involving self -defense, public safety, or the pr evention of serious criminal acts. 3. Consular officers may be arrested or detained for a felony and pursuant to a warrant. Their residences may be entered for investigative purposes. They may be issued traffic citations. Family members have no immunity. 4. Determine the detainee's citizenship. In the absence of other information, assume this is the country on w hose passport or other travel document the detainee travels. 5. If the detainee's country is on the Mandatory Notification list (see page 5): a. Inform the detainee of his/her right to communicate with their consulate and that you must notify th eir consulate of the arrest/detention. b. At the time of booking, the deputy shall request the intake booking clerk