Policy Text
Roll Call Training Bulletin
Produced by: Captain Zack Bales , South Command Katherine Lester , Chief of Police
Prepared by: Sergeant Ryan Davis , PSU Volume 25-8
Immigration Enforcement and SB54 – The Values Act
02-28-2025
The Sacramento Police Department Immigration Violation Guidance
The Sacramento Police Department (SPD) is not responsible or authorized to enforce federal civil immigration
laws which are used to detain and remove undocumented immigrants from the United States of America .
Therefore, the SPD shall not serve as a civil immigration enforcement agency for the U.S. F ederal
Government. Although in some cases , SPD officers may arrest suspects wanted for violating criminal
provisions of federal immigration laws, however the SPD does not take the responsibility for performing
immigration functions unrelated to investigating and enforcing criminal acts. California Senate Bill 54 (California
Values Act) prohibits state and local law enforcement agencies from enforcing federal civil immigration laws.
Officers should be familiar with and reference General Order 523.07 (Contacts with Foreign Nationals) for
specific guidance.
Laws and Policies
It shall be the policy of the 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 Security (DHS) and not with state or local law enforcement
agencies, the SPD shall not initiate police action based solely on an individual’s immigration status.
Effective January 1, 2018 , SB-54 places restrictions on local law enforcement agencies’ participation in federal
immigration enforcement. SB -54 prohibits the use of department funds or personnel to investigate, interrogate,
detain, or arrest persons for immigration enforcement purposes . The SPD’s policies and procedures regarding
immigration enforcement comply fully with the California Values Act and all other federal, state, and local laws.
There is a distinction between a Civil Arrest Warrant (I -205 Administrative Deportation Warrant) and a Federal
Criminal Arrest Warrant. The SPD is prohibited from taking enforcement action on Civil Arrest Warrants (I -205).
See the e xamples at the end of this document .
When conducting a criminal history check (QPER) in Versadex, officers shall refrain from selecting Immigration
Enforcement in the “Purpose ” box when justifying a check. This field shall remain the default ‘C’ (Criminal
Justice) to indicate your query is related to a criminal investigation.
Roll Call Training Bulletin
Page 2 of 7
State Law and SPD Policy Immigration FAQs
1. Does the SPD arrest subjects for or to enforce federal civil immigration violations?
No. Federal and state law prohibit s SPD personnel from investigating or arresting a person for civil immigration
purposes.
2. Can an officer stop a person to determine the person’s immigration status?
No. SPD personnel are prohibited from inquiring into an individual’s civil immigration status except to provide
victim services such as U -Visa information, criminal offense investigations , or otherwise required by law.
3. Are there any federal immigration -related laws that make it a crime for someone who is
undocumented to be in the United States?
Yes. Although immigration status violations are civil in nature, there are limited circumstances when an
undocumented immigrant may have committed a federal crime for improperly entering or re maining in the US
under federal immigration laws. For example, 8 U.S.C 1325 established improper entry into the US at a time,
place, or manner (other than as designated by immigration authorities ) a federal misdemeanor . In addition, 8
U.S.C 1326 codifies that a person to enter or be present in the US without permission of the US Attorney
General after having previously been denied admission, excluded, deported, or removed as a federal felony .
Federal immigration authorities have primary responsibility to investigate and enforce these and other criminal
immigration offenses.
4. Can a n SPD officer arrest someone who has an outstanding arrest warrant for violating a
federal criminal immigration offense?
Yes. If an SPD officer learns that a suspect has a criminal arrest warrant issued by a federal judge for an
immigration -related offense, such as 8 U.S.C. § 1325 (improper entry) or 8 U.S.C. § 1326 (illegal re -entry), the
officer may detain and arrest the suspect pursuant to the warrant.
5. Can an SPD officer make a warrantless arrest of someone who is suspected of entering the
US improperly in violation of 8 U.S.C. § 1326 ( improper entry)?
No. Under federal law, the crime of improperly entering the US is completed upon entry. Therefore, a police
officer must witness the improper entry to make a warrantless arrest. SPD policy prohibits an officer from
making a warrantless arrest for the misde meanor violation of improper entry.
6. Can an SPD officer temporarily detain someone who was previously deported and re -entered
the US in violation of 8 U.S.C. § 1326 (illegal re -entry)?
While conducting law enforcement activities unrelated to immigration enforcement, the SPD may receive a
National Crime Information Center (NCIC) Immigration Violator’s Record that indicates a person may have
illegally re -entered the US after having been convicted of an aggravated felony (as defined by federal statute ),
a violation of 8 U.S.C 1326(a), (b)(2) ( illegal re -entry after conviction of an aggravated felony). SPD officers
are permitted to detain such a person for a reasonable period of time