GO - 52307 - - Contacts - with - Foreign - Nationals

SACRAMENTO POLICE DEPARTMENT GENERAL ORDERS GO 523.07 Page 1 of 4 523.07 CONTACTS WITH FOREIGN NATIONALS 4-27-18 PURPOSE The purpose of this order is to establish procedures for contacts with fore ign nationals, including as victims or suspects of crimes or infractions, witnesses in investigations, or subjects involved in accidents. POLICY It shall be the policy of the Sacramento Police Department (SPD) to provide equal enforcement of the law and equal service to all members of the public regardless of an individual’s immigration status. Because the responsibility for enforcement of federal immigration laws rests solely with the U.S. Immigration and Customs Enforcement Agency (ICE) under the direction of the Department of Homeland Services (DHS) and not with state or local law enforcement agencies, the Department will not initiate police action based solely on an individual’s immigration status. PROCEDURE A. DEFINITIONS 1. FOREIGN NATIONAL – Any person who is not a citizen of the United States and has not become naturalized under United States law. 2. IMMIGRATION AUTHORITIES – The United States Immigration and Customs Enforcement (ICE). 3. HOLD REQUEST – Also known as an “immigratio n detainer” or “federal administrative warrant,” is a request by ICE, to a jail or other holding fa cility to notify ICE when a subject in custody will be released and, if necessary, to hold the person up to an additional 48 hours to allow ICE to take custody of the subject. A hold request is an administrative request and is not an arrest warrant or order issued by a court of law. B. GENERAL 1. SPD employees shall not, while in the course and scope of employment, use any City funds or resources to enforce federal civil immigration law, including, but not limited to a. Investigating, interrogating, or collecting information about an individual solely to determine his or her immigration status, except as required to comply with Section 922(d)(5) of Title 18 of the United States Code or to certify an individual who has been identified as a potential 1101(15)(T) or 1101(a)(15)(U) of Title 8 of the United States Code. b. Arresting, detaining, or continuing to detain a person solely on the belief that the person is not present lawfully in the United States or on the basis of alleged violation(s) of the civil provisions of federal immigration laws. c. Arresting, detaining, or continuing to detain a person solely on the basis of an immigration detainer, federal administrative warrant, or hold request when such detainer, warrant, or hold request is based solely on alleged violat ion(s) of the civil provisions of federal immigration laws. d. Notifying the federal government about the release or pending release of any person detained, arrested, or imprisoned solely on the basis of alleged violation(s) of the civil provisions of federal immigration laws. e. Providing or responding to requests for confidential information about an individual, including, but not limited to, information about the individual’s home address, work address, person’s status as a victim of domestic abuse or sexual assault, sexual orientation, or SACRAMENTO POLICE DEPARTMENT GENERAL ORDERS GO 523.07 Page 2 of 4 disability solely on the basis of alleged violat ion(s) of the civil provisions of federal immigration laws. f. Absent a judicial warrant, detaining or arresting an individual solely on the basis of alleged violation(s) of the civil provisi ons of federal immigration laws. g. Including on any application, questionnaire, or interview form used in relation to benefits or services provided by the City, any question r egarding immigration status other than those required by federal or state laws. h. Inquiring into any individual’s immigration st atus or requesting to examine any individual’s documents relating to his or her immigration status for the sole purpose of establishing his or her status unless for the purpose of complying with 834c PC. i. Detaining an individual on the basis of a hold request. j. Making or intentionally participating in arrests based solely on civil immigration warrants. k. Performing the functions of an immigration officer. 2. SPD employees are NOT prohibited from a. Investigating, enforcing, detaining, or arresting an individual who unlawfully enters or attempts to reenter the United States following removal based on conviction of a federal aggravated felony, provided that such entry or attempted reentry is detected during unrelated law enforcement activity. b. Responding to a request for information about an individual’s criminal history as long as it is not solely on the basis of alleged violation(s) of civil provisions of federal immigration laws. c. Making inquiries into information necessary to certify an individual who has been identified as a potential crime or traffick ing victim for a T or U Visa. d. Inquiring into an individual’s immigration status for the sole purpose of complying with Penal Code Section 834c, which sets forth mandatory notification requirements to certain foreign consulates when a foreign national will be detained longer than two (2) hours. e. Verifying citizen status for the purposes of employment and compliance with Cal. Gov't. Code § 1031 and Cal. Gov't. Code §1031.5. 3. SPD employees shall not participate in joint law enforcement task forces with federal law enforcement agencies if the primary purpose of the joint task force is related to immigration enforcement. a. If SPD employees participate in a joint law enforcement task force with federal law enforcement agencies for purposes other than immigration enforcement on an ongoing basis, the Department shall submit