Charlie Beck Chief of Police Los Angeles Police Department 100 West 1st Street Los Angeles, California 90012 April 26, 2016 Dear Chief Beck, Thank you for the invitation to meet on Wednesday, April 27, to discuss the relationship between the Los Angeles Police Department (LAPD) and Los Angeles’ undocumented community. In advance of the meeting, we would like to identify a few areas of particular concern for us. We hope that this will allow for a more productive conversation on Wednesday, and that you will be able to respond to specific questions and recommendations identified below. 1. LAPD collaboration with HSI/ERO in Los Angeles raids We are concerned about LAPD joint operations with ICE’s Homeland Security Investigations (HSI) and Enforcement and Removal Operations (ERO), in which ICE is making collateral arrests of noncitizens for the purposes of immigration enforcement. These joint operations run counter to LAPD stated policies and priorities limiting collaboration with ICE. We are aware that the LAPD has limited its engagement in immigration enforcement through LAPD’s longstanding Special Order 40. LAPD has reaffirmed such limitations in its policies and affirmations about LAPD engagement with DHS’ Secure Communities and Priority Enforcement Program (PEP). However, at the same time, LAPD routinely engages in joint operations with HSI/ERO that have resulted in ICE and LAPD making collateral arrests, with ICE placing undocumented LA residents in immigration enforcement proceedings, even where the individuals are not charged with any crime in connection with the raid in which they were arrested. LAPD has justified these actions on the ground that LAPD never technically held the individuals in custody. However, in at least two recent instances we are following closely, the raids resulted from LAPD search warrants; LAPD officers participated in the raids; and the individuals were brought to LAPD police stations prior to ICE placing them in removal proceedings. One woman, Isabel Mejia, was placed in removal proceedings as a result of an LAPD/HSI/ERO joint raid in which more than forty people were transferred to a police station by LAPD and HSI/ERO. Ms. Mejia has four children under the age of 14 in Los Angeles, was detained for more than four months, and was released after an immigration judge found that her life or freedom would be threatened if she were returned to Mexico. Another woman remains detained and at risk of deportation as a result of such a raid. Others have surely been deported. These ICE-LAPD actions that involve collateral arrests for immigration enforcement purposes alone further terrorize the undocumented community in Los Angeles. Special Order 40 limits the use of LAPD resources in immigration enforcement and is built on the “principle that effective law enforcement depends on a high degree of cooperation between the Department and the public it serves.” Without the establishment of appropriate limits on the use of such raids for immigration enforcement, these raids appear to conflict with the stated purpose of Special Order 40. With this concern in mind, we make the following requests: ! Please provide information about (1) the number of people affected by LAPD/HSI/ERO joint operations, (2) details of the operations, (3) the contours of the collaborations between LAPD and HSI/ERO; and (4) what limits, if any, guide such collaborations. ! Please commit to a meeting with affected individuals and families, including Isabel Mejia, who was recently released from more than four months of detention following an LAPD/HSI/ERO raid, and the family members of another woman who remains detained. ! Please commit to ensure that LAPD engage in joint operations with ICE only where there is a pre-existing agreement that ICE cannot make any collateral arrests for immigration enforcement purposes. ! Please commit to providing an official statement from LAPD clearly defining the limits of LAPD collaborations with ICE and Department of Homeland Security in immigration enforcement. 2. Policing street vendors As you know, Los Angeles is one of the only major cities in the United States with a complete criminal ban on street vending. The City Council is currently considering proposals to adopt a permitting system. However, the LAPD’s aggressive enforcement of the ordinance criminalizing street vending in Los Angeles hampers the ability of the city to consider concrete solutions regarding this issue and, in the interim, results in convictions that can jeopardize the ability of some street vendors to obtain, or maintain, lawful immigration status. Given that the City appears on the verge of reform, we ask that LAPD make the following commitments: ! Please commit to instruct officers not to arrest, issue citations to, or take other enforcement actions against street vendors while the City Council is considering plans to legalize street vending in Los Angeles. ! Please commit to actively support ongoing efforts to create an inclusive, citywide permit program for sidewalk vending in Los Angeles. 3. ICE holds It is our understanding that LAPD policy is to not hold individuals beyond the time they would otherwise be released from LAPD custody on an ICE detainer and that LAPD does not provide ICE notification of release times in order to facilitate transfer to ICE. ! Please clarify your notification and detainer policy, including whether or not LAPD is facilitating in-custody transfer to ICE or otherwise allowing ICE to apprehend individuals inside LAPD jails and holding facilities. ! Please also clarify whether LAPD provides ICE with advance notification of individuals’ release dates/times and/or home addresses in response to ICE notification requests or otherwise. ! Please clarify whether ICE has access to LAPD databases that contain information about individuals’ release dates/times and/or home addresses. We look forward to the meeting on Wednesday. Sincerely, ICE Out of LA Coalition Los Angeles Street Vendor Campaign American Civil Liberties Union (ACLU) of Southern California California Immigrant Policy Center (CIPC) California Immigrant Youth Justice Alliance (CIYJA) Central American Resource Center (CARECEN) Enlace Familia Immigrant Youth Coalition (IYC) LA Voice Mexican American Legal Defense and Education Fund (MALDEF) National Day Laborer Organizing Network (NDLON) National Domestic Workers Alliance (NDWA) – Los Angeles National Immigration Law Center (NILC) National Lawyers Guild (NLG) – Los Angeles Public Counsel UCLA Labor Center Union del Barrio