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Policy 413Santa Monica Police Department Santa Monica Police Department Policy Manual Copyright Lexipol, LLC 2024/08/13, All Rights Reserved. Published with permission by Santa Monica Police DepartmentImmigration Violations - 1Immigration Violations 413.1 PURPOSE AND SCOPE All employees of this Department shall be committed to equally enforcing the law and providing equal service to the public regardless of immigration status. No individual living in, working, or visiting our community will be subjected to detention or investigation solely based on their immigration status. Confidence in this commitment will increase the effectiveness of the Department in protecting and serving the entire community. 413.1.1 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. 413.2 POLICY The purpose of this policy is to provide guidelines to members of the Santa Monica Police Department related to immigration as well as to outline the scope of the Department’s interaction with federal immigration officials in accordance with existing law. 413.3 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. 413.4 IMMIGRATION INQUIRIES PROHIBITED Officers shall not inquire into an individual’s immigration status for immigration enforcement purposes (Government Code § 7284.6). As such, officers are also prohibited from asking any other private actors, such as employers, landlords, or family members, about an individual’s immigration status. Santa Monica Police Department Santa Monica Police Department Policy Manual Immigration Violations Copyright Lexipol, LLC 2024/08/13, All Rights Reserved. Published with permission by Santa Monica Police DepartmentImmigration Violations - 2413.4.1 CALIFORNIA LAW ENFORCEMENT TELECOMMUNICATIONS SYSTEM (CLETS) Members shall not use information transmitted through CLETS for immigration enforcement purposes except for criminal history information and only when consistent with the California Values Act (Government Code § 15160). Members shall not use the system to investigate immigration violations of 8 USC § 1325 (improper entry) if that violation is the only criminal history in an individual’s record (Government Code § 15160). 413.4.2 CALIFORNIA DEPARTMENT OF MOTOR VEHICLES Members shall not obtain, access, use, or otherwise disclose noncriminal history information maintained by the DMV for immigration enforcement (Vehicle Code § 1808.48). 413.5 GUIDELINES FOR DETENTIONS AND ARRESTS The following will provide guidelines for officers in the field when they legally detain individuals without identification, and when it is permitted, under the California Values Act, to verify whether a legally detained individual is subject to enhancement by the Attorney General. 413.5.1 MINOR CRIMINAL OR TRAFFIC VIOLATIONS Whenever any individual is reasonably suspected of committing a minor criminal or traffic violation, the investigating officer should take reasonable steps to determine the person's identity through valid identification or other reliable sources. If an individual would have otherwise been released for an infraction or misdemeanor on a citation, then once the person's identity is reasonably established, the original citation release should be completed without consideration of immigration status. This does not preclude an officer from taking enforcement action when an individual has committed a minor criminal or traffic violation and the individual is unable to reasonably establish his/her true identity. Based on the totality of the circumstances, an officer may take an individual into custody on the suspected criminal and/or traffic violation per Penal Code § 836 and Vehicle Code § 40302(a), as applicable. A field supervisor shall approve all such arrests. 413.5.2 FEDERAL CIVIL OFFENSES An individual who initially made legal entry into the United States, but remained beyond the time approved in their documents, generally, has committed a federal civil offense. The investigation and prosecution of violations of civil federal immigration law falls within the scope and authority of the federal government. As such, officers shall not detain any individual, for any length of time, for a civil violation of federal immigration laws or a related civil warrant (Government Code § 7284.6). 413.5.3 ENHANCEMENT BY ATTORNEY GENERAL If an officer has reasonable suspicion that an already lawfully detained individual has committed a criminal violation of 8 UCS § 1326(a) (unlawful reentry) that may be subject to enhancement, then the officer may verify whether the United States Attorney General has granted