Policy Text
Policy
414San Luis Obispo Police Department
San Luis Obispo PD CA Policy Manual
Copyright Lexipol, LLC 2025/10/30, All Rights Reserved.
Published with permission by San Luis Obispo Police
DepartmentImmigration Violations - 1Immigration Violations
414.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines to members of the San Luis Obispo Police
Department relating to immigration and interacting with federal immigration officials.
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 San Luis Obispo 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.
414.4 ENFORCEMENT
An officer may detain an individual when there are facts supporting a reasonable suspicion that the
individual entered into the United States in violation of a federal criminal law. Federal authorities
shall be notified as soon as possible and the detained individual shall be immediately released if
the federal authorities do not want the person held. An officer should not detain any individual, for
any length of time, for a civil violation of federal immigration laws or a related civil warrant.
San Luis Obispo Police Department
San Luis Obispo PD CA Policy Manual
Immigration Violations
Copyright Lexipol, LLC 2025/10/30, All Rights Reserved.
Published with permission by San Luis Obispo Police
DepartmentImmigration Violations - 2414.4.1 CIVIL VS. CRIMINAL FEDERAL OFFENSES
An individual who enters into the United States illegally has committed a misdemeanor (8 USC
§ 1325(a)). Generally, an alien who initially made a legal entry into the United States but has
remained beyond what is a legal period of time has committed a federal civil offense.
Reasonable suspicion that a criminal immigration violation has occurred shall not be based on
race, color, national origin or any other generalization that would cast suspicion on or stigmatize
any person, except to the extent permitted by the United States or California Constitutions. Instead,
the totality of circumstances shall be used to determine reasonable suspicion, and shall include
factors weighing for and against reasonable suspicion.
Factors that may be considered in determining reasonable suspicion that a criminal immigration
violation has occurred may include, but are not limited to:
(a)An admission that the person entered the United States illegally.
(b)Reason to suspect that the person possesses immigration documentation that is
forged, altered or otherwise indicative that the person is not legally present in the
United States.
(c)While a lack of English proficiency may be considered, it should not be the sole factor
in establishing reasonable suspicion. When practicable, reasonable effort should be
made to accommodate persons with limited English proficiency.
(d)Other factors based upon training and experience.
414.4.2 CRIMINAL IMMIGRATION ARREST WARRANTS
Historically, immigration authorities have used civil detainers to allow officials across the United
States to detain subjects for removal and deportation purposes. The California Values Act (SB
54, 2017) prohibits California law enforcement agencies from enforcing or acting upon these civil
detainers.
Federal immigration officials utilize United States District Courts to issue criminal immigration
arrest warrants under Title 8, United States Code, Sections 1326(a) and 1326(b). The California
Values Act does not prohibit California law enforcement officers from acting upon criminal
immigration arrest warrants.
Title 8, United States Code (U.S.C.) § 1326(a) addresses the reentry of previously deported
persons into the United States. It makes it a criminal offense for a person to enter, attempt to
enter, or be found within the United States after being deported, excluded, or removed without
the express consent of the Attorney General.
Title 8, United States Code, section 1326(b) outlines the criminal penalties for a person
who reenters the United States after being removed, excluded, or deported, or after departing
the United States while an order of exclusion, deportation, or removal is outstanding. The
circumstances of the removal are linked to prior criminal history.
This statute applies to