Police Department Policy

UCSF_04.01.03_-_Immigration_Violations_266079

UCSF PD

Policy Text
University of California, San Francisco Police Department General Orders 1 4.1 Liaison 4.1.3 Immigration Violations (Revised: 4/25/25 ) A. Purpose and Scope The immigration status of individuals alone is generally not a matter for police action. It is incumbent upon all employees of the Department to make a personal commitment to equal enforcement of the law and service to the public regardless of immigration status. Confidence in this commitment will inc rease the Department’s effectiveness in protec ting and serving the entire community. B. Department Policy 1. United States Immigration and Customs Enforcement (ICE) has primary jurisdiction for enforcement of the provisions of Title 8 of the U.S. Code dealing with illegal entry. The UCPD, on the other hand, has primary responsibility for preserving and protecting public safety for the University community. Co mmunity trust and cooperation are essential to effective law enforcement on campus and other University property. 2. The limited resources of the UCSF Police Department should not be diverted from this mission to the enforcement of federal immigration laws; the UCSF Police Department shall not enforce federal immigration law. 3. The UCSF Poli ce Department should avoid actions that create a disincentive to report crime or offer testimony as a witness to a crime, such as requesting information about immigration status from crime victims and witnesses. 4. In accordance with the California Values Act, Government Code § 7284.6 (a) (1), the UCSF Police Department shall not use University resources or personnel to investigate, interrogate, detain , detect or arrest persons for immigration enforcement purposes, including any of the following: a. Inquir ing into an individual's immigration status b. Detaining an individual on the basis of a federal immigration “hold” request c. Providing information to federal immigration enforcement agencies regarding a person's release date or responding to requests for notification by providing release dates or other information, unless that information is available to the public d. Providing an individual's home address, work address or other personal information, as defined in Civil Code §1798.3, unless that informati on is available to the public e. Making or intentionally participating in arrests based on civil immigration warrants University of California, San Francisco Police Department General Orders 2 f. Assisting immigration authorities in the activities described in Title 8 of the U.S. Code § 1357(a)(3). g. Performing the functions of an immigration officer, whether pursuant to Title 8 of the U.S. Code § 1357(g) or any other law, regulation or policy, whether formal or informal. C. Procedures 1. Immigration Complaints Persons wishing to report immigration violations shoul d be advised that immigration enforcement is the responsibility of the federal government. 2. Basis for Contact, Detention, Questioning or Arrest Officers shall not contact, detain, question or arrest an individual solely on the basis of suspected undocum ented immigration status or to discover the immigration status of an individual. 3. No Sweeps a. The UCSF Police Department does not conduct sweeps or other concentrated efforts to detain suspected undocumented persons. When law enforcement efforts are increased in a particular area, equal consideration should be given to all suspected violations and not just those affecting persons of a particular race, national origin, religion, gender identity or expression, housing status, sexual orientation, mental or physical disability or other protected status. b. The disposition of each contact (e.g., warning, citation, arrest), while discretionary in each case, should not be affected by such factors as race, national origin, religion, gender identity or expressi on, housing status, sexual orientation, mental or physical disability or any other protected status. 4. Immigration and Customs Enforcement (ICE) Requests for Assistance a. Requests by federal immigration officials for assistance from the UCSF Police Depar tment should be directed to the Chief of Police or his/her designee, who will determine Department response. b. In accordance with the California Values Act, the UCSF Police Department shall not: (1) Place peace officers under the supervision of federal ag encies or employ peace officers deputized as special federal officers of special federal deputies for purposes of immigration enforcement (2) Use immigration authorities as interpreters for law enforcement matters relating to individuals in UCSF Police Dep artment custody (3) Provide office space exclusively dedicated for immigration authorities to use within a UCSF Police Department facility. University of California, San Francisco Police Department General Orders 3 c. In acco rdance with the California Values Act, Department members shall not participate in enforcement or investig ative duties associated with a joint law enforcement task force, as defined in Government Code § 7284.4(g), including the sharing of confidential information, unless (1) the primary purpose of the joint law enforcement task force is not immigration enforce ment and (2) the enforcement or investigative duties are primarily related to a violation of state or federal law not related to immigration enforcement. [Government Code § 7284.6(b) ]. d. Nothing in this policy shall prohibit the UCSF Police Department from managing the flow of traffic, peacekeeping, ensuring officer safety or other activities necessary to prevent personal injury and/or property damage. e. Department members shall not participate in federal operations as part of any federal immigration dete ntion team. Any detention

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