Policy Santa Cruz County Sheriff's Office 428 Policy Manual Immigration Violations 428.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines to members of the Santa Cruz County Sheriff's Office for investigating and enforcing immigration laws. 428.2 POLICY It is the policy of the Santa Cruz County Sheriff's Office 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 immigration status. 428.3 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 without regard to race, color or national origin in any way that would violate the United States or California Constitutions. 428.4 ARREST NOTIFICATION TO IMMIGRATION AND CUSTOMS ENFORCEMENT Except as described below, it is not necessary to notify ICE when booking arrestees at the county jail. Immigration officials routinely interview suspected undocumented aliens who are booked into the county jail. Notification should be handled according to jail operation procedures. Whenever a deputy has reason to believe that an individual arrested for any offense listed in Health and Safety Code § 11369 may not be a citizen of the United States, and the individual is not going to be booked into the county jail, the arresting deputy shall notify ICE or other appropriate agency of the United States. Individuals arrested for other offenses who are not going to be booked into the county jail may be reported to ICE or other appropriate agency of the United States. When determining whether notification of immigration authorities is appropriate, the deputy should, in consultation with a supervisor, consider the totality of circumstances of each case, including, but not limited to: (a) Seriousness of the offense (b) Community safety (c) Potential burden on ICE or other federal agency (d) Impact on the immigrant community Immigration Violations - 309 Adoption Date: 2016/01/28 © 1995-2016 Lexipol, LLC Santa Cruz County Sheriff's Office Policy Manual Immigration Violations No individual who is otherwise ready to be released should continue to be detained solely for the purpose of making notification to immigration authorities. 428.5 ICE REQUESTS FOR ASSISTANCE Requests by ICE, or any other federal agency, for assistance from this department should be directed to a supervisor. The Department may provide available support services, such as traffic control or peacekeeping efforts, to ICE or other federal agencies. 428.6 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): (a) Sending information to, or requesting or receiving such information from ICE (b) Maintaining such information in department records (c) Exchanging such information with any other federal, state or local government entity 428.6.1 IMMIGRATION HOLDS Individuals should not be held in custody solely for a civil immigration hold under 8 CFR 287.7 428.7 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)). A law enforcement certification for a U visa may be completed by a deputyin order for a U visa to be issued. Similar immigration protection, known as a T visa, is available for certain qualifying victims of human trafficking (8 USC § 1101(a)(15)(T)). A law enforcement declaration for a T visa may be completed by a deputy in order for a T visa to be issued. Any request for assistance in applying for U visa or T visa status should be forwarded in a timely manner to the Investigation Section supervisor assigned to oversee the handling of any related case. TheInvestigation Section 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. Immigration Violations - 310 Adoption Date: 2016/01/28 © 1995-2016 Lexipol, LLC Santa Cruz County Sheriff's Office Policy Manual Immigration Violations (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. 428.7.1 HUMAN TRAFFICKING T VISA Deputies and their supervisors who are assigned to investigate a case of human trafficking shall complete the above process and the documents needed for a 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). 428.8 TRAINING The Training Sergeant shall ensure that all appropriate members receive immigration training. Immigration Violations - 311 Adoption Date: 2016/01/28 © 1995-2016 Lexipol, LLC