Loading...
HomeMy WebLinkAboutPolicy #413-Immigration ViolationsPolicy 413 Albany Police Department Albany PD Policy Manual Copyright Lexipol, LLC 2025/08/25, All Rights Reserved. Published with permission by Albany Police Department Immigration Violations - 1 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). Albany Police Department Albany PD Policy Manual Immigration Violations Copyright Lexipol, LLC 2025/08/25, All Rights Reserved. Published with permission by Albany Police Department Immigration Violations - 2 413.4.1 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. Albany Police Department Albany PD Policy Manual Immigration Violations Copyright Lexipol, LLC 2025/08/25, All Rights Reserved. Published with permission by Albany Police Department Immigration Violations - 3 (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 Albany Police Department Albany PD Policy Manual Immigration Violations Copyright Lexipol, LLC 2025/08/25, All Rights Reserved. Published with permission by Albany Police Department Immigration Violations - 4 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). Albany Police Department Albany PD Policy Manual Immigration Violations Copyright Lexipol, LLC 2025/08/25, All Rights Reserved. Published with permission by Albany Police Department Immigration Violations - 5 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. Albany Police Department Albany PD Policy Manual Immigration Violations Copyright Lexipol, LLC 2025/08/25, All Rights Reserved. Published with permission by Albany Police Department Immigration Violations - 6 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). Albany Police Department Albany PD Policy Manual Immigration Violations Copyright Lexipol, LLC 2025/08/25, All Rights Reserved. Published with permission by Albany Police Department Immigration Violations - 7 413.9.3 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