COR DEPARTMENT OF PUBLIC SAFETY. Revised 05/2017 Page 1 of 5 CHAPTER CORRECTIONS SUBJECT ARREST AND DETENTION OF FOREIGN NATIONALS

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1 DEPARTMENT OF PUBLIC SAFETY PURPOSE Our practice is to make the appropriate notification when an arrest of a foreign national is made in accordance with the U.S. Department of State s Bureau of Consular Affairs publication and USC Title 8. POLICY The City of Las Vegas Department of Public Safety complies with the notification requirements set by the U.S. Department of State and U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations (ICE/ERO). DEFINITIONS Detainer A notice that ICE issues to a federal, state, local, or tribal Law Enforcement Agency (LEA) to inform the LEA that ICE intends to assume custody of a removable alien in the LEA s custody. ICE Immigration Officer Enforcement and Removal Operations (ERO) deportation officers and Homeland Security Investigations (HIS) special agents, as well as designated officers of a state or political subdivision of a state authorized to perform certain immigration officer functions. Foreign National Anyone who is not a citizen of the Unites States. A person with dual U.S. and foreign citizenship is not a foreign national. Revised 05/2017 Page 1 of 5

2 PROCEDURES A. ICE Notification Procedures 1. When a person identified as being foreign born has been arrested and booked, the Law Enforcement Support Technician (LEST) will fax information regarding the inmate to an Immigration and Customs Enforcement and Removal Operations (ICE/ERO) agent utilizing DPS Form 348A ICE Notification Fax Form. 2. THE ICE/ERO office will determine if the individual is an alien subject for removal and whether to place an ICE Detainer on the subject. ICE/ERO will review available databases and determine if an interview with the inmate will be necessary. 3. If an interview is necessary, an ICE/ ERO agent will contact the facility to schedule the interview. 4. If the ICE/ERO determines the individual is a priority for removal, consistent with the Department of Homeland Securities enforcement priorities under the Priority Enforcement Program (PEP), ICE will seek removal and transfer of the subject. 5. ICE will fax an ICE detainer to the facility. Form I-247A, Immigration Detainer Notice of Action 1. The Form I-247A requests the receiving Law Enforcement Agency (LEA) maintain custody of the priority individual for a period not to exceed 48 hours beyond the time when he/she would have otherwise been released from custody. 2. ICE must identify on Form I-247A the enforcement priority under which the individual falls, as well as the basis for its determination of probable cause. 3. The LEA must give a copy of the I-247A form to the arrested subject to inform them that the ICE detainer has been placed on them. Page 2 of 5 Revised 05/2017

3 A. Form I-247A, Immigration Detainer Notice of Action (Cont.) 4. All immigration detainers (Form I-247A Immigration Detainer Notice of Action) must be accompanied by either Form I Warrant for Arrest of Alien or Form I Warrant of Removal/Deportation. 5. This detainer (ICE Form I-247A) cannot be used to detain a person beyond 48 hours. The 48-hour period for which ICE requests that a LEA maintain custody of a subject includes weekends and holidays. 6. If ICE does not take custody within 48 hours, the detainer automatically lapses, and the subject will be immediately scheduled for release. Law Enforcement Technician (LEST) 1. Upon receipt of the ICE detainer, I-247A, the detainer will be given to the Intake Sergeant to be delivered to the inmate. 2. After the Intake Sergeant serves the I-247A detainer, it will be given back to the LEST unit for filing. 3. LEST will place all forms (I-247A, I-200, and I-205) in the inmate s file. 4. When the LEST is processing the second check of the release voucher for the ICE detained inmate, they will fax DPS Form 348B ICE Release Notification Fax Form to ICE to inform them that the detained inmate is scheduled for release. The 48 hour hold will begin at the time the document is faxed. 5. The release voucher will be stamped and contain the following information: a) Type of ICE detainer. b) Time it was faxed to THE ICE/ERO office. c) Time the 48 hour hold will expire. Revised 05/2017 Page 3 of 5

4 A. Transport Officer 1. Once the 48 hour hold has expired, the Transport Officer will take the original release voucher back to the LEST unit and they will generate a new release voucher, releasing that person to the streets, pending that person has no wants or other holds. B. Consulate Notification Procedures 1. Foreign nationals have the right to contact their government. 2. The LEST will notify the Intake Sergeant of any foreign national arrestee booked into the facility. 3. The Intake Sergeant will inform the arrestee of their right to contact their government. If the arrestee desires to contact their government, the Intake Sergeant will facilitate the call and document it. 4. Consular Notification will be documented on an Incident Report with the following information: a) Embassy/consulate called b) Phone number called c) Name of the person taking the report d) Other pertinent information C. Homeland Security Notification 1. The Homeland Security division from LVMPD has identified countries that require mandatory notification. 2. The LEST will notify the Intake Sergeant of any arrestee with nationality of one of the countries requiring mandatory notification. 3. When mandatory notification is required, the Intake Sergeant will ensure notification is made to LVMPD and documented on an Incident Report. Page 4 of 5 Revised 05/2017

5 D. List Of Countries And Their Consulates 1. A list of the countries requiring mandatory notification and a list with the consulate offices and their phone and fax numbers will be maintained in the Intake Sergeant s office. ACCREDITATION STANDARDS REVIEW/REVISION DATES: Revised: 09/2008; Revised: 04/2017; Revised: 05/2017 ACA: 6A-06 Revised 05/2017 Page 5 of 5