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413
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Immigration Violations
413.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines to members of the Albany Police
Department relating to immigration and interacting with federal immigration officials.
413.1.1 DEFINITIONS
The following definitions apply to this policy (Government Code § 7284.4):
Criminal immigration violation - Any federal criminal immigration violation that penalizes a
person’s presence in, entry, or reentry to, or employment in, the United States. This does not
include any offense where a judicial warrant already has been issued.
Immigration enforcement - Any and all efforts to investigate, enforce, or assist in the investigation
or enforcement of any federal civil immigration law, including any and all efforts to investigate,
enforce, or assist in the investigation or enforcement of any federal criminal immigration law that
penalizes a person's presence in, entry or reentry to, or employment in the United States.
Judicial warrant - An arrest warrant for a violation of federal criminal immigration law and issued
by a federal judge or a federal magistrate judge.
413.2 POLICY
It is the policy of the Albany Police Department that all members make personal and professional
commitments to equal enforcement of the law and equal service to the public. Confidence in
this commitment will increase the effectiveness of this department in protecting and serving the
entire community and recognizing the dignity of all persons, regardless of their national origin or
immigration status.
413.3 VICTIMS AND WITNESSES
To encourage crime reporting and cooperation in the investigation of criminal activity, all
individuals, regardless of their immigration status, must feel secure that contacting or being
addressed by members of law enforcement will not automatically lead to immigration inquiry
and/or deportation. While it may be necessary to determine the identity of a victim or witness,
members shall treat all individuals equally and not in any way that would violate the United States
or California constitutions.
Albany Police Department participation in federal immigration enforcement undermines public
trust and cooperation as well as can discourage victims and witnesses of crime from coming
forward, undermining public safety.
413.4 IMMIGRATION INQUIRIES PROHIBITED
Officers shall not inquire into an individual’s immigration status for immigration enforcement
purposes (Government Code § 7284.6).
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413.4.1 CALIFORNIA LAW ENFORCEMENT TELECOMMUNICATIONS SYSTEM (CLETS)
Members shall not use information transmitted through CLETS for immigration enforcement
purposes except for criminal history information and only when consistent with the California
Values Act (Government Code § 15160).
Members shall not use the system to investigate immigration violations of 8 USC § 1325 (improper
entry) if that violation is the only criminal history in an individual’s record (Government Code §
15160).
413.4.2 CALIFORNIA DEPARTMENT OF MOTOR VEHICLES
Members shall not obtain, access, use, or otherwise disclose noncriminal history information
maintained by the DMV for immigration enforcement (Vehicle Code § 1808.48).
413.5 SANCTUARY CITY POLICIES
All members of the Albany Police Department shall comply with the provisions of Albany City
Council Resolution # 2017-09 declaring the City of Albany a Sanctuary City:
(a)Department members shall require a judicial warrant prior to detaining an individual
or in any manner prolonging the detention of an individual at the request of U.S.
Immigration and Customs Enforcement (ICE) or Customs and Border Protection
(CBP).
(b)Department members shall not arrest, detain, or transport an individual solely on the
basis of an immigration detainer or other administrative document issued by ICE or
CBP, without a judicial warrant.
(c)Unless acting pursuant to a court order or a legitimate law enforcement purpose that
is unrelated to the enforcement of a civil immigration law, no Department member
shall permit ICE or CBP agents access to City facilities or any person in custody for
investigative interviews or other investigative purposes.
(d)To the extent ICE or CBP has been granted access to City facilities, individuals with
whom ICE or CBP engages will be notified that they are speaking with ICE or CBP,
and ICE or CBP agents shall be required to wear duty jackets and make their badges
visible at all times while in City facilities.
(e)Department members shall not inquire into the immigration or citizenship status of an
individual, except where the inquiry relates to a legitimate law enforcement purpose
that is unrelated to the enforcement of a civil immigration law, or where required by
state or federal law to verify eligibility for a benefit, service or license conditioned on
verification of status.
(f)No Department member shall voluntarily release personally identifiable data or
information to ICE or CBP regarding an inmate’s custody status, release date or home
address, or information that may be used to ascertain an individual’s religion, ethnicity
or race, unless for a law enforcement purpose unrelated to the enforcement of a civil
immigration law.
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(g)No Department member shall authorize or engage in the human or technological
surveillance of a person or group based solely or primarily upon a person or group’s
actual or perceived religion, ethnicity, race or immigration status.
(h)No Department member shall interrogate, arrest, detain or take other law enforcement
action against an individual based upon that individual’s perceived race, national
origin, religion, language, or immigration status, unless such personal characteristics
have been included in timely, relevant, credible information, linking a specific individual
to a particular criminal event/activity.
413.5 DETENTIONS AND ARRESTS
An officer shall not detain any individual, for any length of time, for a civil violation of federal
immigration laws or a related civil warrant (Government Code § 7284.6).
An officer who has a reasonable suspicion that an individual already lawfully contacted or detained
has committed a criminal violation of 8 USC § 1326(a) (unlawful reentry) that may be subject to
an enhancement due to a previous conviction of an aggravated felony under 8 USC § 1326(b)
(2), may detain the person for a reasonable period of time to contact federal immigration officials
to verify whether the United States Attorney General has granted the individual permission for
reentry and whether the violation is subject to enhancement (Government Code § 7284.6). No
individual who is otherwise ready to be released should continue to be detained only because
questions about the individual’s status are unresolved.
If the officer has facts that establish probable cause to believe that a person already lawfully
detained has violated 8 USC § 1326(a) and the penalty may be subject to enhancement due to
prior conviction for specified aggravated felonies, he/she may arrest the individual for that offense
(Government Code § 7284.6).
An officer shall not detain any individual, for any length of time, for any other criminal immigration
violation of federal immigration laws (Government Code § 7284.6).
An officer should notify a supervisor as soon as practicable whenever an individual is arrested for
violation of 8 USC § 1326(a).
413.5.1 SUPERVISOR RESPONSIBILITIES
When notified that an officer has arrested an individual for violation of 8 USC § 1326(a) or under
the authority of a judicial warrant, the supervisor should determine whether it is appropriate to:
(a)Transfer the person to federal authorities.
(b)Transfer the person to jail.
413.7 FEDERAL REQUESTS FOR ASSISTANCE
Absent an urgent issue of officer safety or other emergency circumstances, requests by federal
immigration officials for assistance from this department should be directed to a supervisor. The
supervisor is responsible for determining whether the requested assistance would be permitted
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under the California Values Act (Government Code § 7284.2 et seq.). and the City of Albany's
Sanctuary City policies.
The Chief of Police is charged with notifying the City Manager of requests or mandates from the
federal government for use of department resources to enforce federal immigration laws..
413.8 INFORMATION SHARING
No member of this department will prohibit, or in any way restrict, any other member from doing
any of the following regarding the citizenship or immigration status, lawful or unlawful, of any
individual (8 USC § 1373; Government Code § 7284.6):
(a)Sending information to, or requesting or receiving such information from federal
immigration officials
(b)Maintaining such information in department records
(c)Exchanging such information with any other federal, state, or local government entity
Nothing in this policy restricts sharing information that is permissible under the California Values
Act.
413.8.1 IMMIGRATION DETAINERS
No individual should be held based solely on a federal immigration detainer under 8 CFR 287.7
(Government Code § 7284.6).
Notification to a federal authority may be made prior to release of an individual who is the subject
of a notification request only if the individual meets one of the following conditions (Government
Code § 7282.5; Government Code § 7284.6):
(a)The individual has been arrested and had a judicial probable cause determination for a
serious or violent felony identified in Penal Code § 667.5(c) or Penal Code § 1192.7(c).
(b)The individual has been arrested and had a judicial probable cause determination for
a felony punishable by time in a state prison.
(c)The individual has been convicted of an offense as identified in Government Code §
7282.5(a).
(d)The individual is a current registrant on the California Sex and Arson Registry.
(e)The individual is identified by the U.S. Department of Homeland Security’s Immigration
and Customs Enforcement as the subject of an outstanding federal felony arrest
warrant.
413.8.2 NOTICE TO INDIVIDUALS
Individuals in custody shall be given a copy of documentation received from U.S. Immigration
and Customs Enforcement (ICE) regarding a hold, notification, or transfer request along with
information as to whether the Albany Police Department intends to comply with the request
(Government Code § 7283.1).
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If the Albany Police Department provides ICE with notification that an individual is being, or will
be, released on a certain date, the same notification shall be provided in writing to the individual
and to his/her attorney or to one additional person who the individual may designate (Government
Code § 7283.1).
413.8.3 TRANSFERS TO IMMIGRATION AUTHORITIES
Members shall not transfer an individual to immigration authorities unless one of the following
circumstances exist (Government Code § 7282.5; Government Code § 7284.6):
(a)Transfer is authorized by a judicial warrant or judicial probable cause determination.
(b)The individual has been convicted of an offense as identified in Government Code §
7282.5(a).
(c)The individual is a current registrant on the California Sex and Arson Registry.
(d)The individual is identified by the U.S. Department of Homeland Security’s Immigration
and Customs Enforcement as the subject of an outstanding federal felony arrest
warrant.
413.8.4 REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE
The Detective Bureau supervisor shall ensure that data regarding the number of transfers of an
individual to immigration authorities, as permitted by Government Code § 7284.6(a)(4), and the
offense that allowed for the transfer is collected and provided to the Administrative Sergeant for
required reporting to the DOJ (Government Code § 7284.6(c)(2)(see the Records Section Policy).
413.9 U VISA AND T VISA NONIMMIGRANT STATUS
Under certain circumstances, federal law allows temporary immigration benefits, known as a U
visa, to victims and witnesses of certain qualifying crimes (8 USC § 1101(a)(15)(U)).
Similar immigration protection, known as a T visa, is available for certain qualifying victims of
human trafficking (8 USC § 1101(a)(15)(T)).
Any request for assistance in applying for U visa or T visa status should be forwarded in a timely
manner to the Detective Bureau supervisor assigned to oversee the handling of any related case.
The Detective Bureau supervisor should:
(a)Consult with the assigned investigator to determine the current status of any related
case and whether further documentation is warranted.
(b)Contact the appropriate prosecutor assigned to the case, if applicable, to ensure the
certification or declaration has not already been completed and whether a certification
or declaration is warranted.
(c)Address the request and complete the certification or declaration, if appropriate, in a
timely manner.
1.The instructions for completing certification and declaration forms can be found
on the U.S. Department of Homeland Security (DHS) website.
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2.Form I-918 Supplement B certification shall be completed if the victim qualifies
under Penal Code § 679.10 (multiple serious offenses). The certification shall be
completed and not refused for the specified reasons in Penal Code § 679.10(k)
(3).
3.Form I-914 Supplement B declaration shall be completed if the victim qualifies
under Penal Code § 236.5 or Penal Code § 679.11 (human trafficking). The
declaration shall be completed and not refused for completion for the specified
reasons in Penal Code § 679.11(j)(3).
4.Forward the completed Form I-918 Supplement B certification or completed
Form I-914 declaration B to the victim, family member, or authorized
representative (as defined in Penal Code § 679.10 and Penal Code § 679.11)
without requiring the victim to provide government-issued identification (Penal
Code § 679.10; Penal Code § 679.11)
(d)Ensure that any decision to complete, or not complete, a certification or declaration
form is documented in the case file and forwarded to the appropriate prosecutor.
Include a copy of any completed form in the case file.
1.If Form I-918 Supplement B is not certified, a written explanation of denial shall
be provided to the victim or authorized representative. The written denial shall
include specific details of any reasonable requests for cooperation and a detailed
description of how the victim refused to cooperate (Penal Code § 679.10).
(e)Inform the victim liaison of any requests and their status.
413.9.1 TIME FRAMES FOR COMPLETION
Officers and their supervisors who are assigned to investigate a case of human trafficking as
defined by Penal Code § 236.1 shall complete the above process and the documents needed for
indicating the individual is a victim for the T visa application within 15 business days of the first
encounter with the victim, regardless of whether it is requested by the victim (Penal Code § 236.5).
Officers and their supervisors shall complete the above process and the documents needed
certifying victim cooperation for a U visa or T visa application pursuant to Penal Code § 679.10
and Penal Code § 679.11 within 30 days of a request from the victim, victim's family, or authorized
representative related to one of their assigned cases. If the victim is in removal proceedings, the
certification shall be processed within seven days of the first business day following the day the
request was received.
413.9.2 REPORTING TO LEGISLATURE
The Detective Bureau supervisor or the authorized 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).
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413.9.3 POLICE REPORTS
Upon request, an officer or supervisor should provide a victim or authorized representative with a
copy of the report filed by the victim within seven days of the request (Penal Code § 679.10).
413.10 TRAINING
The Training Sergeant should ensure that all appropriate members receive training on immigration
issues.
Training should include:
(a)Identifying civil versus criminal immigration violations.
(b)Factors that may be considered in determining whether a criminal immigration violation
has been committed.
(c)Prohibitions contained in the California Values Act (Government Code § 7284 et seq.).
(d)Provisions of Albany's Sanctuary City Policy