Policy Text
Policy
427Mountain View Police Department
Mountain View PD Policy Manual
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentImmigration Violations - 1Immigration Violations
427.1 PURPOSE AND SCOPE
In accordance with the intent of the March 9, 2017, statement by the Santa Clara County Police
Chief's Association, it is neither local law enforcement's mission nor role to enforce federal
immigration laws. Members of this Department will not detain or arrest any person on the basis of
a person's citizenship or status under civil immigration laws.
The Department recognizes that mutual trust and respect is the cornerstone in building a solid
foundation for success in protecting and serving the entire community, and in seeking justice
for all victims of crime. Members of this Department are expected to treat everyone with dignity,
regardless of status.
Law-abiding, undocumented immigrants should not fear arrest or deportation for coming forward
to members of the Department to report a crime as a victim or witness. Without this cooperation,
the Department would be less effective in fulfilling its mission. As such, the Department seeks to
serve and protect in a ways that calms fear and builds trust, and it is incumbent upon all members
of this department to make a personal commitment to organizational values, equal enforcement
of the law and equal service to the public, regardless of immigration status.
DEFINITIONS
Administrative Warrants - Administrative warrants, also called hold requests or retainers, are
issued by a government agency, typically by Immigration and Custom Enforcement officials'
finding that a person is removable from the United States.
Alien - An individual who is not a U.S. citizen or U.S. national.
Illegal Alien - Also know as an "Undocumented Alien," or "Undocumented Immigrant," is an alien
who has entered the United States illegally and is deportable if apprehended, or an alien who
entered the United States legally but who has fallen "out of status" and is deportable.
Immigrant - An alien who has been granted the right to reside permanently in the United States
and to work without restrictions in the United States. Also known as Lawful Permanent Resident,
all immigrants are eventually issued a "green card."
Judicial Warrants - Judicial warrants are criminal warrants issued by a judicial officer, typically
a magistrate judge.
Nonimmigrant - An alien who has been granted the right to reside temporarily in the United States
based upon status that corresponds to the class of visa.Each nonimmigrant status has rules that
must be followed in order for the nonimmigrant to remain "in status."A nonimmigrant who violates
applicable rules will fall "out of status" and is considered deportable.
U.S. National - An individual who owes his / her sole allegiance to the United States, including all
U.S. citizens, and including some individuals who are not U.S. citizens.
Mountain View Police Department
Mountain View PD Policy Manual
Immigration Violations
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentImmigration Violations - 2427.2 DEPARTMENT POLICY
The responsibility for enforcement of civil immigration laws rest with the U.S. Immigration and
Customs Enforcement (ICE) Enforcement and Removal Operations (ERO).
The Department will continue to cooperate while ICE in matters involving serious crimes, the
protection of public safety, and as required by statute, federal regulation, or court decisions. The
Department will not cooperate with the enforcement of civil immigration violations enumerated in
Title 8 USC § 1304; 8 USC § 1324; 8 USC § 1325 and 8 USC § 1326.
427.3 VICTIMS, WITNESSES, AND IMMIGRATION STATUS
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, color or national origin in any way that
would violate the United States or California Constitutions.
427.4 BASIS FOR CONTACT
The Police Department is concerned for the safety of local citizens and thus detection of criminal
behavior is of primary interest in dealing with any person. The decision to detain or arrest
shall be based upon those factors which establish reasonable suspicion and probable cause
respectively, and not on arbitrary aspects. Race, nationality, ethnicity, country of origin, inability
to speak English, “foreign” appearance, dress, mannerisms, gender, sexual orientation, religion,
and socioeconomic status alone are of no bearing on the decision to contact, detain, or arrest.
Officers will not detain or question a person for the purpose of discovering either the person’s
citizenship or status under civil immigration laws.
Officers will not detain or arrest any person on the basis of the person’s citizenship or status under
civil immigration laws.
Members of the Department will not initiate police action where the primary objective is to discover
that the person is an undocumented immigrant or to discover the status of the person under civil
immigration laws.
427.5 ASSISTING ICE
The Department does not conduct sweeps or other concentrated efforts to detain suspected
undocumented aliens.
If a specific request is made by ICE or any other federal agency, this department may provide
available support services, such as traffic control or peacekeeping efforts, during the federal
operation.
Members of this department should not participate in such federal operations as part of any
detention team unless it is in