CHIEF OF DETECTIVES NOTICE May 17, 2017 TO: All Concemed Personnel FROM: Chief of Detectives SUBJECT: ENFORCEMENT ACTIONS RELATED TO UNDOCUMENTED PERSONS AND, GUIDELINES FOR ENFORCEMENT ACTIONS RELATED TO CRIMINAL IMMIGRATION OFFENSES This Notice supersedes Chief of Detectives Notice titled, Enforcement Actions Related to Undocumented Persons, dated December 21, 2016. This Notice provides guidance to Los Angeles Police Department personnel on enforcement actions related to persons wanted for federal immigration crimes. The Department maintains its steadfast commitment to public safety through community partnerships, regardless of immigration status, while adhering to the law. EXISTING POLICY Per Department Manual Sections 1/390, Undocumented Aliens and 4064.50, Enforcement of United States Immigration Laws, of?cers are prohibited from initiating police action with the objective of determining a person?s immigration status. The California Transparency and Responsibility Using State Tools (TRUST) Act further restricts a local law enforcement agenCy from honoring an Immigration Detainer Notice of Action, also known as an ?Immigration and Customs Enforcement (ICE) Detainer Request,? which asks a local agency to voluntarily extend an arrestee?s time in custody for up to 48 hours beyond the time he or she would otherwise be released. An ICE Detainer Request is based on Department of Homeland Security?s determination that an individual may be subject to civil immigration proceedings such as removal or deportation from the United States. It is neither an arrest warrant nor judicial order based on probable cause that the individual has committed a federal or state crlme. In compliance with the California TRUST Act and recent federal court decisions, the Department modified its policy regarding ICE Detainer Requests as re?ected in Custody Services Division (CSD), Jail Operations Manual Section 2/501, Immigration and Customs Enforcement (ICE) Hold Pending Procedure. The CSD will not detain an individual based on an ICE Detainer Request Without one of the following: All Concerned Personnel Page 2 1 .8 0 Judicial Determination of Probable Cause for the detainer; or Arrest warrant issued by a judicial of?cer. GUIDELINES AND PROCEDURES This Notice provides guidance for of?cers who discover through the National Crime Information Center (N CIC) database that an individual is wanted by federal authorities for a civil or criminal immigration offense. When an NCIC query is conducted, it is important to identify and distinguish a civil ICE Detainer Request from a criminal arrest warrant: The NCIC Wanted Persons Record includes individuals with outstanding federal or state criminal arrest warrants that have been issued by a judicial magistrate. - The NCIC Immigration Violator?s Record includes ICE Detainer Requests for individuals who may be subject to removal from the United States based on their civil immigration status and persons who may have violated federal criminal immigration laws for illegally re-entering the United States after a conviction for a criminal offense. NOTE: Of?cers are reminded that initial NCIC queries shall only be made for legitimate law enforcement purposes unrelated to determining a person?s immigration status. To determine whether an individual with an NCIC Immigration Violator?s Record is wanted, of?cers shall perform the following (See Example No. 1): 1. Check the ?rst letter of the alphanumeric NIC number. A letter, identi?es an ICE Immigration Detainer Request while a letter followed by a nine-digit number indicates a criminal arrest warrant; Check the Originating Agency Identi?er (ORI) number or name of the agency; Search for the word within the NCIC printout; and Check if the subject is a classi?ed as an PROCEDURES FOR AN INDIVIDUAL WANTED BASED ON A CRIMINAL ARREST WARRANT If the individual?s NCIC record indicates an outstanding criminal arrest warrant for an immigration-related offense, of?cers shall follow the same procedures for warrant arrests as set forth in Department Manual Section 4/61 1 . 10, Positive Response to WS Inquiry Employee ?s Responsibility and Arrest Report Field Notebook Divider, Form 18.32.00 (08/15) Warrant Arrests. All Concerned Personnel Page 3 1.8 Example NO. 1 IJ CA0194201 SAGE KEY QWA SEARCHES ALL NCIC PERSONS FILES WITHOUT LIMITATIONS. WARNING REGARDING FOLLOWING RECORD SUBJECT OF NIC 6789 IS A PREVIOUSLY DEPORTED FELON. CONTACT LESC AT (877) 999?53 72 FOR IMMEDIATE HIT CONFIRMATION AND AVAILABILITY OF BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT DETAINER. MKE I IMMIGRATION VIOLATION DEPORTED FELON ORI VTICE0900 NAM DOE, JOHN SEX RAC IW POB IMC DOB 19890501 HGT 600 195 EYE BRO HAI BLK 987654EC3 ARM FPC UCUCUCUCUCUCUCUCUCUCUCUC MNU AR A82031465 OFF SUBJECT IS A DEPORTED CRIMINAL AGGRAVATED FELON OCA A085274196 VLD 20160504 DNA ORI IS BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT, LAW ENFORCEMENT SUPPORT CENTER 877 999-5372 DOB 19890505 DOB 19880501 AKA DOE, JON AKA DOE, JOHNNY AKA DOE, JONATHAN AKA DOE, JUAN AKA GARCIA, JOHN AKA GARCIA, JUAN SMT TAT SI-ILD SMT TAT ARM SMT TAT SI-ILD MNU A085274196 MNU A85274196 13234567891 DTE 20130615 1430 EDT DLU 20160504 1815 EDT THIS RECORD MAY ONLY BE USED BY CRIMINAL JUSTICE AGENCIES FOR CRIMINAL JUSTICE PURPOSES. OF IMMIGRATION VIOLATOR FILE RESPONSE. OUTPUT MSG 0403, FROM 11:32 All Concerned Personnel Page 4 1 .8 PROCEDURE FOR AN INDIVIDUAL IDENTIFIED AS A AGGRAVATED If an NCIC inquiry returns an Immigration Violator?s Record that indicates a person is a ?Deported Criminal/Aggravated Felon,? an of?cer may detain the individual for a reasonable period to investigate whether the individual may be in violation of Title 8, United States Code Section 1326(a), (Illegal Re-Entry after Conviction of an Aggravated Felony), a felony criminal offense. The following procedures shall be followed: 0 Check the individual?s criminal history information in Consolidated Criminal History Reporting System California Information and Identi?cation Number (CII) and/or the Federal Bureau of Investigation criminal arrest records for indicators of prior removals, or deportations; 0 Determine if the individual had been previously convicted of an aggravated felony offensel (arrests are insuf?cient); and 0 Immediately advise the Area watch commander. AREA WATCH RESPONSIBILITIES: Review all supporting documents; Contact the Real-Time Analysis and Critical Response (RACR) Division to be connected with the Department?s Immigration Liaison Of?cer (ILO) to request an approval to (1) further detain the individual, and (2) contact the Law Enforcement Support Center If approved by the ILO, advise the Area Commanding Of?cer and notify the LESC at the telephone number indicated in the Immigration Violator?s Record NCIC hit con?rmation printout; Advise the LESC that the detained individual will be held for a reasonable period, not exceeding four hours, unless the person is detained for an unrelated criminal offense. Any temporary detention beyond four hours must be re-approved by the If the individual is being booked for an unrelated criminal offense, notify the Commanding Of?cer of and 0 Document the results in the Watch Commander?s Daily Report, Form 15.80.00 (watch commander?s log). 1 ?Aggravated felonies? include murder, rape, sexual abuse of a minor, illicit traf?cking in controlled substance or in firearms/destructive devices, laundering monetary instruments, explosive materials offenses, crimes of violence, theft/burglary/receipt of stolen property, demand for or receipt of ransom, child pornography, RICO, owning controlling managing supervising prostitution business, gathering/transmitting national defense information, offense involving ?'aud or deceit causing loss to victim over $10,000, alien smuggling, improper entry/reentry by alien previously deported, falsely passport or instrument, failure to appear for service of sentence when underlying offense punishable by ?ve years or more, commercial in vehicles, obstruction of justice/perjury or subomation of perjury/bribery of witness, failure to appear after court order to answer felony charges, and attempt or conspiracy to commit any of the above offenses. See 8 U.S.C. 1101(a)(43). All Concerned Personnel Page 5 1 .8 AREA COMMANDING RESPONSIBILITY: 0 Ensure proper noti?cations are made to the appropriate Bureau Commanding Officers. DEPARTMENT IMMIGRATION LIAISON RESPONSIBILITIES: 0 Review and approve all ICE detainer actions; and 0 Maintain a record of all ICE detainer actions. PROCEDURES FOR AN INDIVIDUAL NOT IDENTIFIED AS WANTED BASED ON A CRIMINAL ARREST WARRANT OR AS A If an NCIC record neither indicates an outstanding criminal arrest warrant nor identi?es the individual as a ?Deportcd Criminal/Aggravated Felon,? the individual shall be immediately released from custody unless reasonable suspicion or probable cause exists to detain or arrest the individual for an unrelated criminal charge. Should you have any questions, please contact Investigative Analysis Section, Detective Bureau at (213) 486-7010. APPROVED: kM' JUSTIN SENBERG, Deputy Chief SEAN W. MALINOWSKI, Deputy Chief Chief of etectives Chief of Staff Of?ce of the Chief of Police DISTRIBUTION