go-69.pdf

\n\n--- Page 1 ---\n\nTALLAHASSEE POLICE DEPARTMENT GENERAL ORDERS SUBJECT Foreign Nationals and Diplomatic Immunity CHIEF OF POLICE Signature on file Proudly Policing Since 1826 Nationally Accredited 1986 NUMBER ORIGINAL ISSUE CURRENT REVISION TOTAL PAGES 69 06/20/2019 10/31/2025 10 AUTHORITY/RELATED REFERENCES FS Chapter 811, Unauthorized Aliens, Nationality, and Immigration FS Chapter 901, Arrests FS Chapter 908, Federal Immigration Enforcement General Order 6, Arrests and Alternatives to Arrest General Order 8, Mentally Ill Persons General Order 24, Substance Abuse Impaired Persons General Order 59, Transporting and Booking Procedures United States Department of State Consular Notification and Access 1963 Vienna Convention on Consular Relations ACCREDITATION REFERENCES CALEA Chapters 1, 61 KEY WORD INDEX Civil Rights and Legal Safeguards Procedure V Consular Notifications Procedure I Cooperation with Federal Immigration Authorities Procedure II Diplomatic Immunity Procedure III Immigration Data Reporting to FDLE Procedure IV Support Tools and Resources Procedure VI POLICY The Department is responsible for establishing protocols that support state and federal regulations regarding interactions with foreign nationals. Officers are responsible for adhering to established protocols when making certain notifications to federal entities and foreign government representatives, and honoring international agreements regarding diplomatic immunity.\n\n--- Page 2 ---\n\nTALLAHASSEE POLICE DEPARTMENT DEFINITIONS Administrative Immigration Warrant: A form utilized by a federal immigration agency that names a foreign national to be deported. An administrative immigration warrant is not an arrest warrant. Consular Notification: The obligatory process by which federal, state, and local law enforcement and legal authorities provide information to foreign government representatives regarding their citizens in the United States. Designated Immigration Officer (DIO): A TPD officer authorized and trained under a 287(g) agreement with federal immigration authorities to enforce immigration law. Foreign National: Any person not a citizen of the United States, including persons possessing a permanent resident card (i.e., green card) and those illegally in the United States. A foreign national claiming the United States as one country in their dual citizenship shall be treated exclusively as a citizen of the United States. Suspected Unauthorized Alien (SUA): A person whom law enforcement has reasonable suspicion to believe is unlawfully present in the United States under the Immigration and Nationality Act (8 U.S.C. §§ 1101 et seq.). Reasonable suspicion shall not be based solely on race or national origin. PROCEDURES I. CONSULAR NOTIFICATIONS A. The 1963 Vienna Convention on Consular Relations creates a legal obligation for a host country to provide consular notification when a foreign national is: 1. Arrested (i.e., custodial arrest), 2. Taken into protective custody (e.g., Marchman Act, Baker Act), or 3. Seriously injured or deceased (by accident, criminal act, or natural causes). B. When an officer has interactions with a foreign national as listed in subsection A above, the officer is responsible for determining if consular notification is mandatory or optional. GENERAL ORDER 69 PAGE 2 of 10 FOREIGN NATIONAL AND DIPLOMATIC IMMUNITY OCTOBER 31, 2025\n\n--- Page 3 ---\n\nTALLAHASSEE POLICE DEPARTMENT C. The current list of mandatory notification countries is maintained on the United States Department of State website: https://travel.state.gov/content/travel/en/consularnotification.html D. If the foreign national resides in a mandatory notification country, the officer shall: 1. Without unnecessary delay, advise the person that notification will be made to consular officials, and 2. Make the notification before the end of their tour of duty as described in subsection J below. E. If the foreign national resides in a non-mandatory notification country, the officer shall: 1. Without unnecessary delay, advise the person of the option for consular notification, and 2. If the person requests consular notification, make the notification before the end of their tour of duty as described in subsection J below. F. In situations where the foreign national is deceased or otherwise incapacitated, the officer is responsible for using simple and direct means (e.g., interviews, document reviews) in determining the appropriate foreign consulate to notify. G. Consular notification requirements apply regardless of the person’s immigration status (i.e., legally or illegally in the United States). H. Consular notification requirements apply to adults and juveniles. I. Absent a circumstance mentioned in subsection A above, consular notifications are not applicable in the following situations involving a foreign national: 1. Traffic stops, traffic crash investigations, and issuance of citations, 2. Field interviews or calls for service, or 3. Providing an alternative to arrest (e.g., Notice to Appear). GENERAL ORDER 69 PAGE 3 of 10 FOREIGN NATIONAL AND DIPLOMATIC IMMUNITY OCTOBER 31, 2025\n\n--- Page 4 ---\n\nTALLAHASSEE POLICE DEPARTMENT J. When making a consular notification, officers shall do so by either calling or e-mailing the appropriate foreign consular office. 1. The telephone or e-mail communication must be made on a Department-issued device. 2. The contact information for each country’s consular office or embassy in the United States is available by either: a. Clicking on the “contact info for foreign embassies & consulates” tab on the webpage listed in subsection C above, or at b. https://travel.state.gov/content/travel/en/consularnotification/Con sularNotificationandAccess.html. K. The protocols of this section apply to detectives involved in follow-up activities where a consular notification is required, but has not yet been made by officers. L. The member making the consular notification is responsible for documenting the following information in an offense report: 1. The date and time the notification was made, and 2. The telephone number or e-mail address used to make notification to the foreign consular office/embassy. II. COOPERATION WITH FEDERAL IMMIGRATION AUTHORITIES A. The Department and its officers are responsible for adhering to FS 908.104 (Cooperation with Federal Immigration Authorities) in support of federal immigration laws, which includes: 1. Making notification to a federal immigration agency when aware of an administrative immigration warrant for a person (see subsections B and C below), and 2. Being cooperative with federal immigration agencies, state and local governmental entities, and law enforcement agencies regarding requested information about an officer’s interactions with a foreign national. B. Administrative immigration warrants are entered into NCIC/FCIC, and the teletype entry provides information and instructions on contacting GENERAL ORDER 69 PAGE 4 of 10 FOREIGN NATIONAL AND DIPLOMATIC IMMUNITY OCTOBER 31, 2025\n\n--- Page 5 ---\n\nTALLAHASSEE POLICE DEPARTMENT the federal Law Enforcement Support Center (LESC) for 24/7 assistance at 802-872-6020. C. Except as noted in subsections E and F below, an officer is responsible for notifying the LESC when aware of an administrative immigration warrant for a person with whom they are interacting. 1. The LESC will facilitate communication between the officer and the federal immigration agency and coordinate any response by a federal agent to take custody of the foreign national. 2. Federal agents do not respond to all situations where an officer has discovered a foreign national with an administrative immigration warrant. 3. Officers are responsible for the following: a. Being cooperative with the LESC and the involved federal agent(s), and b. Being cognizant of the fact that an administrative immigration warrant: 1) Is not an arrest warrant (nor does it solely provide detention authority over the foreig