Police Department Policy

UCSF_04.01.04_-_Undocumented_Members_of_the_U_1004036

UCSF PD

Policy Text
University of California, San Francisco Police Department General Orders 1 4.1 Liaison 4.1.4 Undocumented Members of the UC Community (Issued : 7/2/17 ) A. Student Support and Success The University of California welcomes and supports students without regard to their immigration status. The University will continue to admit stude nts in a manner consistent with its nondiscrimination policy and without regard to a student’s race, color, national origin, religion, citizenship or other protected characteristic. In other words, undocumented applicants with or without DACA status will b e considered for admission on the same basis as any U.S. citizen or other applicant. The University is committed to creating an environment in which all admitted students can successfully matriculate and graduate. Federal law protects student privacy rig hts, and the California Constitution and statutes provide broad privacy protection to all members of the UC community. University policy provides additional privacy protections. When the University receives requests for information that implicate individua l privacy rights, the University will continue its practice of working closely with the Office of General Counsel to protect the privacy of members of the UC community. We will not release immigration status or related information in confidential student r ecords, without permission from a student, to federal agencies or other parties without a judicial warrant, a subpoena, a court order or as otherwise required by law. B. UC Campuses and Other Locations Primary jurisdiction over enforcement of federal immi gration laws rests with the federal government and not with the UCSF PD or any other state or local law enforcement agency. The UCSF PD is devoted to providing professional policing services that strive to ensure a safe and secure environment in which memb ers of the University’s diverse community can pursue the University’s research, education and public service missions. Community trust and cooperation are essential to effective law enforcement on campus or other UC locations. The limited resources of UC police departments should not be diverted from this mission to enforcement of federal immigration laws. Accordingly: 1. The UCSF PD will not join those state and local law enforcement agencies that have entered into an agreement with Immigration and Customs Enforcement (ICE), or undertake other joint efforts with federal, state or local law enforcement agencies, to investigate, detain or arrest individuals for violation of federal immigration law. 2. It is in the best interest of all members of the UC commu nity to encourage cooperation with the investigation of criminal activity. To encourage such cooperation, all individuals, regardless of their immigration status, must feel University of California, San Francisco Police Department General Orders 2 secure that contacting or being addressed by UC police officers will not automatica lly lead to an immigration inquiry and/or a risk of removal. Consequently: a. UCSF PD police officers will not contact, detain, question or arrest an individual solely on the basis of suspected undocumented immigration status or to discover the immigratio n status of an individual, except as required by law. b. UCSF PD police officers should avoid actions that create a disincentive to report crime, or to offer testimony as a witness to a crime, such as requesting information about immigration status from crime victims and witnesses. 3. The California Attorney General has concluded that civil immigration detainers are voluntary requests to local law enforcement and compliance is not mandatory. Local law enforcement agencies may be liable for improperly detain ing an individual who is otherwise eligible for release based on a civil immigration detainer. Consequently: a. UCSF PD police officers will not detain an individual in response to an immigration hold request from ICE, or any other law enforcement agency enforcing federal immigration law, unless doing so is required by law or unless an individual has been convicted of a serious or violent felony. b. In order to confirm compliance with legal requirements and these principles, campus police chiefs should review any other request for information from ICE or any other law enforcement agency enforcing federal immigration law, before response . 4. If UCSF PD receives a request to assist a victim of or witness to a crime with a U visa or T visa application, the request should be immediately forwarded to the Chief of Police, who should take prompt action to facilitate the request if appropriate. a. The Investigations Unit Supervisor or designee should ensure that certification requests are reported to the Legislature in January of each year and include the number of certifications signed and the number denied. The report shall comply with Government Code § 9795 (Penal Code § 679.10; Penal Code § 679.11). 5.

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