MILWAUKEE POLICE DEPARTMENT STANDARD OPERATING PROCEDURE 130 FOREIGN NATIONALS - DIPLOMATIC IMMUNITY - IMMIGRATION ENFORCEMENT BY: (3'1605317201 7'43 EFFECTIVE: July 8. 2017 Assistant Chief Carianne Yerkes DATE: June 19. 2017 ACTION: Amends General Order 2018-17 (March 24. 2016) WILEAG 6.2.2 ROMALL Contains only changes to current policy. For complete version of SOP. see SharePoint. 130.30 IMMIGQATION ENFORCEMENT A. POLICY It shall be the policy of the Milwaukee Police Department to implement an immigration enforcement strategy that is consistent with the mission of reducing the levels of crime. fear. and disorder in the city of Milwaukee. However. this strategy must also be in balance with the jurisdictional responsibilities of the federal government and the corresponding jurisdictional limitations of local law enforcement. The following procedures not only achieve that balance but also comply with the Wisconsin attorney general's law enforcement guide to immigration enforcement. With a policing philosophy that is community-based. problem-oriented, and data-driven. we are committed to ridding the city's streets of violent offenders regardless of whether such offenders are in the United States legally or illegally. We are also committed to facilitating safe. sustainable communities where citizens individUals are encouraged to report crime and provide the police with useful information and intelligence. However, proactive immigration enforcement by local police its-inherently can be detrimental to our mission and policing philosophy when doing so ultimately deters some eitizees individuals from participating in their civic obligation to assist the police. It is therefore expected that each police member follow the procedures set forth below regardless of one's personal opinion or political ideology on the issue of immigration. . Enforcement of the nation's immigration laws is the responsibility of the federal government, particularly the United States Bureau of lmmigrations and Customs Enforcement (ICE). Accordingly. the Milwaukee Police Department snail?does not unilaterally undertake immigration - related investigations and shall does not routinely inquire into the immigration status of persons encountered during police operations. This prohibition does not preclude the department from cooperating with federal immigration of?cials when requested, or from notifying those of?cials in serious situations where a potential threat to the public is perceived. Note: Most immigration violations are civil and fall under the jurisdiction of the federal government. As such. local law enforcement of?cers have no right General Order - FOREIGN NATIONALS - DIPLOMATIC IMMUNITY- IMMIGRATION ENFORCEMENT Page 2 0f 3 of arrest in these matters. C. A person's right to ?le a police report. participate in police?community activities. or otherwise bene?t from police services is not contingent upon their immigration status Consequently, department members shall - .-. - i- . .-. D. Department members shall not request passports. visas, "green cards.? or other documents relating to one's immigration status in lieu of. or in addition to. standard forms of identi?cation such as a driver?s license, state identi?cation card. etc. Immigration related documents shall only be requested when standard forms of identi?cation are unavailable, or when the member is proceeding under (F) below. anWother?p start edera 2 .- gavemment en ty or of?c I maynot 'plr- bit a - entity or officiai from sending to or receiving from. ?i immig'; ?oh and Naturalization Service. information regarding the oltlze lawful or unlawfut, of any individual. Police members shat inform eral im gratlon of?cials of the Whereabouts behaviors of any suspected ill foreign visitor when I {fu?'ul'rl?r? 1. Is arrested for a felony. 2. is arrested for a misdemeanor involving the possession or use of a dangerous weapon. 3. Is arrested for a terrorism-related offense, or is otherwise reasonably suspected of involvement in terrorism and/or subversive activities. 4. Is arrested for any offense involving the entry or fraudulent assimilation of undocumented foreigners into the country. or is reasonably suspected of participating in an organized venture to bring or fraudulently assimilate undocumented foreigners into the country. 5. is a previously deported felon. 6. Is reasonably suspected of partiprating in criminal street gang activity. FOREIGN NATIONALS - DIPLOMATIC IMMUNITY- General Order 201743 IMMIGRATION ENFORCEMENT Page 3 of 3 G. In the event a police member needs to contact ICE. they shall contact their shift commander and provide them with the pertinent infonnation. ?rst?attempt?te The member shall then attempt to contact the local of?ce at 414-297-1571. If the local of?ce is closed or if an agent is unavailable. the police member shall contact the ICE Law Enforcement Support Center (LESC) at 1-802-872-6050. Wage] EDWARD A. CHIEF OF POLICE EAFimfk