Criminal

ARREST /DETENTION OF FOREIGN NATIONALS AND UNDOCUMENTED

FOREIGN NATIONALS AND UNDOCUMENTED PERSONS

For the purpose of consular notification, a foreign national is any person who is not a U.S. citizen.

When an officer takes a person into custody and the officer is aware or has reason to suspect that the arrested person may be a foreign national, the officer must inform the jail supervisor of this situation. The jail supervisor must note this on the jail registration form.

The arresting officer must deliver any documentation of foreign citizenship, which is not evidence, to the jail supervisor. It will be the responsibility of the Jail Division to maintain a file with all documentation concerning notification and any copies of documentation of citizenship found on a foreign national.

The jail supervisor must be responsible for notification of the foreign embassy or consulate.

1. For foreign nationals whose country is on the list of mandatory notification countries:

a. Notify the nearest consulate of the foreign national’s country via fax immediately or as soon as reasonably possible, and in no case longer than the end of the booking shift. Notification must be made even if the for- eign national does not want the notification.

b. Document the notification in accordance with the U.S. State Department Guidelines.

2. For foreign nationals whose country is not on the list of mandatory notification countries:

a. As soon after the arrest as reasonably possible, but no later than booking, inform the foreign national that no- tification can be made to consular officers if requested. If foreign national requests notification, notify the nearest consulate of the foreign national’s country as soon as reasonably possible but no later than seventy-two (72) hours after arrest.

b. Document the notification in accordance with the U.S. State Department Guidelines.

E. A list of foreign embassies and consulates, and countries with special treaties will be on permanent file with the jail supervisor.

F. The enforcement of immigration laws rests with the US Immigration and Customs Enforcement (ICE).

1. Officers may not arrest an undocumented person, without a warrant, solely upon the suspicion that the individual has entered this country illegally.

2. Officers must not use coercion or intimidation based on immigration status.

3. Officers must not contact the US Immigration and Customs Enforcement (ICE) directly.

Francisco Hernandez

Author Francisco Hernandez

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