IMMIGRATION ENFORCEMENT

Transcription

1 SOUTH TUCSON POLICE DEPARTMENT PAGE 1 of 6 I. POLICY This agency recognizes and values the diversity of the community it serves. Therefore, this agency shall conduct all immigration enforcement activities in a manner consistent with federal and state laws regulating immigration and protecting the civil rights, privileges and immunities of all persons. This policy will not limit or restrict the enforcement of federal immigration laws to less than the full extent permitted by federal law. This agency is committed to partnering with federal agencies and others to the extent allowable under federal, state, and local laws to address criminal activity within our community. This practice is consistent with our duty to ensure the safety and well being of all persons, regardless of their immigration status. Officers should be aware that the enforcement of state and federal laws related to immigration is a complex effort requiring the cooperation of multiple agencies and the consideration of multiple facts and circumstances. Officers are encouraged to contact supervisors when necessary. If at any time, in the sound judgment of an officer, the officer believes that deviation from this policy is appropriate, the officer should contact a supervisor. II. PURPOSE The purpose of this policy is to provide guidelines for the management of investigations into issues related to immigration enforcement. III. DEFINITIONS A. 287(g) officer state or local officer trained, certified and authorized by the federal government to enforce all aspects of federal immigration law. B. ICE/CBP/287(g) Immigration and Customs Enforcement, Customs and Border Protection or a 287(g) certified officer. IV. Consensual contacts A. In enforcing the laws, officers may legally stop, detain or arrest anyone when reasonable suspicion or probable cause exists that a crime has occurred. B. Consistent with our efforts to protect the safety and well being of the community and to encourage the public to report criminal activity, officers should exercise discretion in making immigration status inquires during consensual contacts or with victims and witnesses of a crime. In order to avoid perceptions of bias based policing (including racial profiling) during consensual contacts, officers should be consistent in asking persons for their identification. C. In no event shall race, color or national origin play any role in an officer s decision to inquire about immigration status in consensual encounters. V. When contacting I.C.E., Customs and Border Protection, or a certified 287(g) officer Officers shall not stop or detain a person(s) based solely on the suspicion that the person(s) are present in the United States unlawfully. Officers contacting suspected undocumented persons, shall follow the same procedures when contacting or stopping any individual.

2 SOUTH TUCSON POLICE DEPARTMENT PAGE 2 of 6 A. Federal Civil Charges In accordance with federal law, a person(s) unlawful presence in the United States is a civil violation and any enforcement action is reserved for ICE/CBP/287(g). If officers contact ICE during the course of an investigation, and ICE advises the officer there are pending federal civil charges, the officer may not extend the initial lawful stop based solely upon those charges. Once the investigation related to the initial lawful stop has been completed, if probable cause to arrest was not developed in the initial investigation the person must be released, unless the officer develops reasonable suspicion to detain further to investigate a violation of other criminal activity. The officer shall not extend the detention to wait for ICE to respond. Without the person s consent, officers will not transport the person based solely upon a federal civil violation unless the person is already under arrest. If the person is released an ICE referral form will be completed. B. Federal Criminal Charges If officers contact ICE during the course of an investigation, and ICE advises the officer there are federal criminal charges against the detainee, then the officer shall determine whether ICE will respond to take the person into custody or whether the officer should arrest the detainee and transport to ICE, jail, or a federal facility. C. Unable to determine if there is a Federal Criminal or Civil Charge. If ICE is unable to indicate whether the federal charge against the detainee is civil or criminal, then the officer will treat the charge as civil. D. The fact that an ICE/CBP/287g cannot verify a person s status does not mean a person is unlawfully or lawfully present in the United States. E. ICE/CBP/287g representatives may not respond and/or accept control of suspected undocumented persons who are intoxicated, or may need hospitalization for treatment of injury or ill health. F. Officers who come in contact with suspected undocumented persons who exhibit these characteristics will deal with these persons as any other injured and/or intoxicated person would be handled in accordance with department policy and procedures. VI. DETENTION AND REMOVAL ORDER (DRO) HOLDS (usually an NCIC hit) A. The Detention and Removal Office (name to change) is a unit of ICE that has the responsibility of detaining and transporting undocumented persons apprehended by ICE, CBP and local law enforcement. B. Once a person has been identified as being in the United States unlawfully, ICE will issue a DRO hold, which can be for criminal or civil violations. 1. This hold will be similar to a warrant notification when a person s information is run through NCIC. C. If an officer receives a DRO notification from ICE, the following will be done: 1. Call the phone number on the DRO notification to determine whether the DRO hold is criminal or civil. 2. Detain and transport for criminal orders, if requested to do so by ICE. 3. Complete a South Tucson Police Department police case report form (Other Agency Assist) containing all relevant information.

3 SOUTH TUCSON POLICE DEPARTMENT PAGE 3 of 6 D. Without the person s consent, officers will not transport for civil violations or continue to detain if the only violation is a civil DRO hold. E. Consular notification procedures shall be followed. VII. ICE/CBP/287g CONTACT FOR DROP HOUSES, HUMAN SMUGGLING AND LOAD VEHICLES A. When contact with ICE/CBP/287g is deemed appropriate, the following steps shall be taken: 1. Patrol supervisor shall: a. Contact the Patrol Lieutenant and provide a detailed account of ICE/CBP/287g contact for drop houses, human smuggling and load vehicles b. Review the circumstances and after briefing the Patrol Lieutenant, decide if the incident warrants a response from ICE/CBP/287g or if the incident requires notification of another command level officer and/or agency. c. Document each reported incident along with the response by ICE/CBP/287g. 2. Officers will cooperate with ICE/CBP/287g agents in ICE law enforcement activities consistent with the mandates of this agency and its policies and procedures. 3. Officers, upon coming into contact with undocumented persons in regard to a smuggling operation/drop house or a load vehicle, may transport ICE prisoners at the request of an on-call ICE/CBP/287g agent and with prior approval of the on-duty supervisor based on staffing, work load, available back-up, criticality of incident and of any other present duties prior to any transport(s). 4. The on-duty supervisor, Patrol Lieutenant and Public Information Officer (PIO) shall be notified as soon as possible for on scene assistance by ICE/CBP/287g agents or other high profile incidents involving undocumented persons. VIII. U-VISA A. The U-Visa is made available through the United States Citizenship and Immigration Services for undocumented foreign nationals who are current or former victims, witnesses or affected family who are assisting or have assisted officials in the criminal justice system investigate or prosecute criminal activity. Because some of these current or former victims, witnesses or affected family members may have temporary or no legal status in this country, individuals may fear that assisting law enforcement could lead to their deportation. By providing undocumented foreign national victims, witnesses or affected family members a means of stabilizing their legal status, the U-Visa encourages individuals to report crimes and cooperate with prosecutors. The U-Visa is designed to help curb criminal activity, protect the innocent, and encourage undocumented foreign national victims, witnesses or affected family members to fully participate in proceedings intended to support bringing criminals to justice.

4 SOUTH TUCSON POLICE DEPARTMENT PAGE 4 of 6 B. U-Visa Criteria to Legal Status for Non-Residents 1. The U-Visa provides an opportunity to legal status for immigration crime victims, witnesses or affected family members who: a. Have suffered substantial physical or mental abuse as a result of victimization, b. Possess information regarding the activity, c. Offers a source of assistance in the investigation or prosecution, and d. The case under investigation is active/on-going in nature. C. If the victim or witness candidate is requesting a U-Visa based upon past cooperation, and the officer/assigned Detective believes the applicant to be an appropriate candidate, the victim or witness may be forwarded to the Office of the Chief of Police via chain of command. The final authority for the department on any application shall rest with the Chief of Police. Department authorization is only one step in the U.S. Citizenship and Immigration Services process in granting a U-Visa. The victim or witness may then be referred to the appropriate prosecuting agency for further review and assistance. D. The officer/assigned Detective shall: 1. Determine if the victim or witness applicant meets the conditions required on the U-Visa Certification Form (U-Nonimmigrant Status Certification Federal Form I-918, Supplement B) in regards to the type of crime committed and involvement (if the applicant is a victim, witness, or possesses relevant information for a successful resolution to the case under investigation). 2. Forward their written recommendation to the Office of the Chief of Police via chain of command. IX. NCIC ICE IMMIGRATION VIOLATOR FILE A. ICE keeps a record of aliens who have been convicted of a felony crime in the United States and have since been deported to their country of citizenship. This record is known as the Deported Felon File which is located in the NCIC Immigration Violator File. B. The Immigration Violator File contains the following additional categories: 1. The ICE Absconder category, which contains the records for individuals with an outstanding administrative warrant of removal from the United States who have unlawfully remained in the United States. 2. The ICE National Security Entry/Exit Registration System (NSEERS) category, which contains the records for individuals whom the Department of Homeland Security (DHS) and ICE have determined have violated registration requirements for entry into the United States. 3. ICE enters this information into the NCIC Immigration Violator File. 4. Police officers will not take enforcement action on Administrative Warrants or NSEERS hits, as these are civil or other non-criminal federal matters. 5. The NCIC query results will advise whether the information displayed is an Administrative Warrant hit or a Deported Felon File hit.

5 SOUTH TUCSON POLICE DEPARTMENT PAGE 5 of 6 C. If an officer runs a person who is the subject of a Deported Felon File notification, and there are no local charges, the following steps will be taken: 1. Verify through physical description (scars, marks, tattoos, etc.), admission, or other available information, that the person on the notification is the same person. 2. Contact the ICE Law Enforcement Service Center in Vermont through the communications dispatcher or call directly using the phone number listed for immediate notification confirmation. 3. Once the hit has been confirmed, officers will positively identify the subject through LiveScan, or fingerprint the individual and fax the fingerprints to ICE. 4. After the subject has been positively identified, the ICE Law Enforcement Agency Response (LEAR) Unit (or other local ICE office) may be contacted at (ICE 24 hour contact) for pick-up and disposition of the subject. 5. Officers may also, after verification, transport the subject to the local ICE Intake/Detention and Removal Office as indicated by the ICE/CBP/287(g). Officers will call the LEAR unit before transporting a subject. D. Officers will complete a South Tucson Police Department police case report form with the following information: 1. Subject s name and personal information. 2. Time, place and reason for contacting the subject. 3. Whether or not the LEAR unit picked up the subject or if the subject was transported to the ICE center. 4. Name and badge number of ICE agent that took custody of subject. E. If there are local charges along with a Deported Felon notification, there is no need to contact ICE. Follow normal booking procedures. X. Documentation Officers are reminded of their responsibility to thoroughly document all facts and circumstances supporting their decisions in the application of these statutes. XI. Contacting federal agencies The following options exist for contacting federal immigration agencies. When contact is required, Dispatch/Communications may be contacted to initiate the appropriate computer inquiry (NLETS) or to make the telephone inquiry.

6 SOUTH TUCSON POLICE DEPARTMENT PAGE 6 of 6 An officer may use the following points of contact: (ICE 24 hour contact) (Following initiation of the appropriate computer inquiry (NLETS), the ICE Law Enforcement Support Center) (If south of Pinal County, Tucson Customs and Border Protection) (Phoenix area ICE duty agent). If there is a local ICE Duty Agent assigned, the local duty agent.