Policy Text
San Francisco Police Department 5.15
General Order Rev. 01/08/2020
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ENFORCEMENT OF IMMIGRATION LAWS
The purpose of this order is to establish policies regarding the San Francisco Police Department’s role
in the enforcement of immigration laws and cooperation with U.S . Immigration and Customs
Enforcement (“ICE”), U.S. Customs and Border Protection (“CBP”) or successor agencies whose role
is to enforce immigration laws, in conformity with state and federal laws and San Francisco
Administrative Code Chapters 12H and 12I .
5.15.01
POLICY
It is the policy of the San Francisco Police Department to foster respect and trust between law
enforcement and residents, to protect limited local resources, to encourage cooperation among
residents, City officials, and law enforcement , and to ensure community security . It is also
Department policy, consistent with its obligations under state and federal law, to adhere to San
Francisco Administrative Code Chapters 12H and 12I . These Chapters generally prohibit the use of
City resources to assist in the enforcement of federal immigration laws , except as required by
federal or state law.
5.15.02
STATE AND LOCAL LAW
In accordance with Chapter 12H and state law, members of the Department shall , in performing
their official duties, adhere to all of the following:
A. DETENTION : Members shall not stop, question, or detain any individual because of the
individual's national origin, foreign appearance immigration status , or who are Limited
English Proficient . (see S.F. Administrative Code section 91.2; DGO 5.20, Language
Access Services, 5.03, Investigative Detentions .) Members shall not inquire into an
individual’s immigration status.
B. DOCUMENTS: In the course and scop e of their duties e.g., traffic enforcement,
investigations, and taking reports, m embers shall not require individual s to produce any
document to prove their immigration status. (see DGO 5.06)
C. ASSISTING ICE /CBP : Members shall not cooperate with or assist ICE/CBP in any
investigation, detention, or arrest procedures , public or clandestine , where in any such
instance the express or implied purpose is the enforc ement of federal immigration laws .
D. INFORMATION GATHERING/DISSEMINATION FOR IMMIGRATION
ENFORCEMENT PURPOSES :
1) Release Status/Confidential Information for immigration enforcement purposes .
Members shall not r equest information about, or disseminate informati on, regarding
the release status of any individual, or other “Personal Information” including but not
DGO 5.15
Rev. 01/08/ 2020
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limited to date, time, or location or any other confidential , identifying information
such as home, work, or family or emergency contact information, except as required
by federal or s tate law . Members shall not threaten to release any personal information
to federal immigration authorities or threaten individuals with deportation or removal
proceedings.
2) Benefits, Services , or Opportunities . The Department shall not include on any
application, questionnaire, or interview form it use s in relation to benefits, services, or
opportunities provided by the City and County of San Francisco, any questions
regarding immigration status other than those required by federal or s tate law .
E. ICE/CBP DETAINERS/ ADMINISTRATIVE (CIVIL) WARRANTS: Members shall
not arrest or detain an individual, or provide any individual's personal information to a
federal immigra tion officer, solely on the basis of an administrative (civil) warrant, prior
deportation order, or other civil immigration document that only addresses alleged
violations of the civil provisions of immigration laws. Members shall not place an
administrative (civil) immigration hold or detainer on an individual who is in custody.
National Crime Information Center (“NCIC”) or California Law Enforcement
Telecommunication System (“CLETS”) warrant responses currently make clear whether
the warrant is administr ative (civil) or criminal.
Members shall adhere to all of the following w hen reviewing or examining outstanding
warrants in the NCIC or CLETS system . Members :
1) Shall c ontact the Sheriff’s Central Warrant Bureau (“ CWB ”) to confirm any warrant
before taking action on the warrant .
2) Shall not enforce f ederal administrative (civil) warrants for arrest (current ly
Department Homeland Security (“DHS” ) Form I -200) or for removal/deportation
(currently DHS F orm I -205 or any other or similar versions of these forms ).
3) Shall not enforce Administrative Immigration Detainer – Notice of Action (currentl y
DHS F orm I -247A , former forms I247-D, I -247N, and I -247X, or any other similar
versions of these forms ).
4) May enforce criminal wa rrants after consulting wit h CWB and confirming the
criminal warrant .
5) Shall record the name of the individual from CWB staff who confirmed the criminal
warrant in the incident report. (See DGO 6.18, Warrant Arrests)
F. TRUTH ACT
If an individual is in SFPD’s custody and a member receives “any ICE hold, notification,
or transfer request, [the member ] shall provide a copy of the request to the individual ”
pursuant to Cal. Govt. Code section