Policy Text
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW
1 01/24/2011 10/01/201 9 04/01/20 20
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
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428 - Immigration Violations 1 POLICY 428 IMMIGRATION VIOLATIONS
428.1 PURPOSE AND SCOPE
The immigration status of individuals alone is generally not a matter for police action. It is
incumbent upon all employees of this department to make a personal commitment to equal
enforcement of the law and equal service to the public regardless of immigration status.
Confidence in this commitment will increase the effectiveness of the department in protecting and
serving the entire community.
428.1.1 ACCREDITATION STANDARDS
This section per tains to the following CALEA Standards: N/A
This policy pertains to the following Standard Operating Procedures: N/A
428.2 DEPARTMENT POLICY
The U.S. Immigration and Customs Enforcement (ICE) has primary jurisdiction for en forcement of
the provisions of Title 8, United States Code dealing with illegal entry .
When assisting ICE at its specific request as set forth in section 428.3.3 of this policy, or when
suspected criminal violations are discovered as a result of inquiry o r investigation based on
probable cause originating from activities other than the isolated violations of 8 USC § 1304; 8
USC § 1325 and 8 USC § 1326, this department may assist in the enforcement of federal
immigration laws.
428.3 PROCEDURES FOR IMMIG RATION COMPLAINTS
Persons wishing to report immigration violations should be referred to the local office of the U.S.
Immigration and Customs Enforcement (ICE). The Employer Sanction Unit of ICE has primary
jurisdiction for enforcement of Ti tle 8, United S tates Code .
428.3.1 BASIS FOR CONTACT
Unless immigration status is relevant to another criminal offense or investigation (e.g., harboring,
smuggling, terrorism), t he fact that an individual is suspected of being an undocumented alien
shall not be the sole basis for contact, detention, or arrest.
428.3.2 SWEEPS
The Tustin Police Department does not independently conduct sweeps or other concentrated
efforts to detain suspected undocumented aliens.
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW
1 01/24/2011 10/01/201 9 04/01/20 20
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
_____ _____ _____________
428 - Immigration Violations 2 When enforcement efforts are increased in a particular area, equal consideration should be given
to all suspected violations and not just those affecting a particular race, ethnicity, age, gender,
sexual orientation, religion, socioeconomic status, or other group.
The disposition of each contact (e.g., war ning, citation, arrest), while discretionary in each case,
should not be affected by such factors as race, ethnicity, age, gender, sexual orientation, religion,
or socioeconomic status .
428.3.3 ICE REQUEST FOR ASSISTANCE
If a specific request is made by ICE or any other federal agency , this department will provide
available support services, such as traffic control or peace keep ing efforts, during the federal
operation.
Employees of this department should not participate in such federal operations as p art of any
detention team unless it is in direct response to a n instance of public or officer safety. Any
detention by a n employee of this department should be based upon the reasonable belief that an
individual is involved in criminal activity.
428.3.4 IDENTIFICATION
Whenever an y individual is reasonably suspected of a criminal violation (infraction, misdemeanor,
or felony) ; the investigating officer should take reasonable steps to determine the person’s
identity through valid identification or other re liable sources.
If an individual would have otherwise been released for an infraction or misdemeanor on a
citation, the person should be taken to the station and given a reasonable opportunity to verify
his/her true identity (e.g., telephone calls). If the person’s identity is thereafter reasonably
established, the original citation release should be completed without consideration of
immigration status.
428.3.5 ARREST
If the officer intends to take enforcement action and the individual is unable to r easonably
establish his/her true identity, the officer may take the person into custody on the suspected
criminal violation (see Vehicle Code § 40302a, and Penal Code § 836, if pertinent to the
circumstances).
428.3.6 BOOKING
If the officer is unable t o reasonably establish an arrestee’s identity, the individual may, upon
approval of a supervisor, be booked into jail for the suspected criminal violation and held for bail.
A person detained exclusively pursuant to the autho rity of Vehicle Code § 40302(a) for an y
Vehicle Code infraction or misdemeanor shall not be detained beyond two hours for the purpose
of establishing his/her true identity. Regardless of the status confirmation of that person’s identity,
at the expiration of two hours, he/she shall be r eleased on his/her signature with a promise to
appear in court for the Vehicle Code infraction or misdemeanor involved.
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW
1 01/24/2011 10/01/201 9 04/01/20 20
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
_____ _____ _____________