Case 2:11-cv-00225-SS Document 96-2 Filed 08/09/13 Page 1 of 1

 

ORLEANS PARISH 501.15 PAGE: 1 of]

 

 

OFFICE UPDATED: sums REVIEWED: 691113

 

 

CHAPTER: Inmate Acceptance, Booking, Release and Records

 

SUBJECT: Immigration and Customs Enforcement (ICE) Procedures

 

 

 

POLICY:

It is the policy of the Orleans Parish Sheriff?s Office to cooperate with the United States Immi-
gration and Customs Enforcement (ICE) in accordance with the following procedures:

1. For purposes of this section, a voluntary Immigrations and Customs Enforcement
detainer request shall be de?ned as any request, including but not limited to Form 1?
247 (also known as a ?48 hour hold?), which seeks continued detention of an inmate beyond
expiration of municipal, state, or federal charges, or a ?nding of no probable cause, or a posting
of bail or parole, or a completion of a sentence, or lifting of another jurisdiction or agency?s de-
tainer, or a court ordered release. ICE criminal warrants, or any court order for continued deten?
tion shall not be considered voluntary ICE detainer requests for purposes of this section.

2. The Orleans Parish Sheriff?s Office shall decline all voluntary ICE detainer requests un-
less the individual's charge is for one or more of the following offenses: First Degree Murder
(La. R.S. 14:30); Second Degree Murder (La. R.S. Aggravated Rape (La. R.S. 14:42);
Aggravated Kidnapping (La. R.S. 14:44); Treason (La. R.S. 14: 1 13); or Armed Robbery with
Use of a Firearm (La. R.S. If a court later dismisses or reduces the individual?s charge
such that the individual is no longer charged with one of the above offenses or the court recom?
mends declining the ICE hold request, OPSO will decline the ICE hold request on that individu-
a1.

3. OPSO of?cials shall not initiate any immigration status investigation into individuals in
OPSO custody or af?rmatively provide information on an inmate?s release date or address to
ICE.

4. Prior to any interview pertaining to an ICE criminal investigation, ICE must notify the
subject inmate's attorney, provide a reasonable opportunity for counsel to be present during the
interview, and certify to OPSO that this notice and opportunity has occurred. Absent a criminal
warrant or court order transferring custody, no ICE agent shall be permitted into the secure area
of the Intake and Processing Center. Absent a court order, OPSO shall not allow ICE to conduct
civil immigration status investigations at OPSO or otherwise interview an inmate before the de-
tainee?s ?rst appearance.

5. Any individual who alleges a violation of the policy set forth herein may ?le a written
complaint for investigation with the Orleans Parish Sheriff?s Director of Intake and Processing.