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IMMIGRATION ENFORCEMENT PROCEDURES
PHOENIX POLICE DEPARTMENT
10/15 Draft 06/17
Operations Order
4.48
PAGE
GENERAL INFORMATION
Sanctity Life The Department respects the dignity all persons and recognizes the sanctity human life, rights, and liberty.
AB. The Department shall conduct all immigration enforcement activities manner consistent with
federal and state laws regulating immigration and protecting the civil rights, privileges, and
immunities all persons.
This policy will not limit the enforcement federal and state immigration laws less than the
full extent permitted federal law.
BC. Officers will not arrest, stop, detain, contact individual based race, religion, national
origin, gender, sexual orientation, economic status, unless part suspect description
otherwise authorized law.
The enforcement state and federal laws related immigration requires the cooperation
multiple agencies and the consideration multiple facts and circumstances
(1)
Officers are encouraged contact supervisors when necessary.
(2) any time, the sound judgment officer, the officer believes that deviation from
this policy appropriate, the officer must notify supervisor (similar Arizona Revised
Statute (ARS) 28-3511 approvals arrest review).
Under circumstances will this provision limit restrict the enforcement federal
immigration laws less than the full extent permitted federal law.
Based the complexity the term border-related, the use this term any official capacity prohibited.
Anytime ICE needs contacted verify the immigration status any person, officers must
first contact the Violent Crimes Bureau (VCB) desk sergeant, (602) 262-6141, who will
document all immigration related data and give authority call ICE. the VCB sergeant not available, officers must call on-duty sergeant for approval call ICE. legal advisor will on-call 24/7 for immigration related questions.
There are two situations where officers are mandated Arizona Revised Statute (ARS) 11-1051 contact the federal government [U.S. Immigration and Customs Enforcement (ICE)] verify
person immigration status:
(1) person under ARREST based probable cause (adult juvenile) (see section
this order for more information)
(2)
This means ALL persons ARRESTED regardless lawful status the United States
(U.S.), race, color, national origin, presumptive ID; the arrestee shall have their
immigration status verified the federal government prior release the arrestee.
When person lawfully stopped/detained for state local crime AND only when the
officer develops further reasonable suspicion the detained person unlawfully present
the United States (see section this order for more information)
NOTE: Because victims and witnesses are not arrested lawfully stopped/detained for
purposes the 4th Amendment, officers must not ask about immigration status call
ICE verify victims witnesses immigration status.
IMMIGRATION ENFORCEMENT PROCEDURES
PHOENIX POLICE DEPARTMENT
Operations Order
10/15 Draft 06/17
4.48
PAGE
Traffic Enforcement (Drivers/Passengers) Officers must not ask immigration related questions verify immigration status while conducting traffic enforcement unless required state law
specified above sections 1.E.(1) and (2) this order
EG. Officers are cautioned against unnecessarily prolonging stops and detentions determine
person must not hold person for longer than the purpose the original stop verify
immigration status. reminder, ALL arrests, including immigration arrests, must reviewed supervisor
per Operations Orders 4.10, Arrest.
GH. The only time officer will transport person the Department Homeland Security (DHS)
Homeland Security Investigations (HSI) ICE under one the following conditions:
(1)
(2)
HSI ICE verifies the person wanted for criminal immigration violation AND the person NOT under arrest for state criminal charge [includes criminal traffic and misdemeanor
charges eligible for citation lieu detention (CLD)] there are state criminal charges.
The person has civil immigration violation only and consents transport.
SCHOOL RESOURCE OFFICERS (SROS) The mission the School Resource Officer (SRO)
Program foster trust and cooperation when interacting with students and provide for the overall
safety and security everyone school campuses. achieve this mission, the Department has adopted the triad concept community policing
with respect SRO duties.
SROs shall first place emphasis being educators and mentors and only act enforcement
officers when necessary.
SROs must not contact ICE for any purposes while school grounds.
When off school grounds, the VCB desk sergeant must contacted prior calling ICE
verify the immigration status each arrested juvenile lawfully stopped/detained juvenile
where there reasonable suspicion there immigration violation. the VCB sergeant not available, officers must call on-duty sergeant for
approval call ICE.
STATE IMMIGRATION ENFORCEMENT LAWS The provisions Arizona law that address
immigration enforcement include the following:
ARS 11-1051
ARS 13-1307
ARS 13-1308
ARS 13-2317
ARS 13-2319
ARS 13-2322
ARS 13-2928
ARS 28-3511.A.4
Cooperation and assistance enforcement the immigration laws; indemnification
Sex trafficking; classification; definitions
Trafficking persons for forced labor services; classification; definitions
Money laundering; classifications; definitions
Smuggling; classifications; definitions
Unlawful transactions involving drop house properties, classifications; definitions
Unlawful stopping hire and pick passengers for work; unlawful application,
solicitation, employment; classification definitions
Removal and immobilization impound vehicle (violations ARS 13-2929)
DEFINITIONS Bias-Based
Profiling Certified 287(g)
Officer
Selecting person persons for enforcement action based common trait the
group; this includes, but not limited race, ethnic background, cultural group, religion,
national origin, gender, age, sexual orientation, economic status; this includes racial
profiling.
State local officer trained, certified and authorized the federal government
enforce certain aspects federal immigration law and subject ICE approval.
IMMIGRATION ENFORCEMENT PROCEDURES
PHOENIX POLICE DEPARTMENT Consentual
Contact HSI/CBP/287(g) Presumptive
Identifications
(For persons
lawfully stopped detained/not
under arrest) Probable Cause Arrest Racial
Profiling Reasonable
Suspicion
74.
Stop/Lawful
Detention
10/15 Draft 06/17
Operations Order
4.48
PAGE
Voluntary interaction with person where reasonable person would clearly understand
they are free leave decline the officer request.
Homeland Security Investigations, Customs and Border Protection, 287(g) certified
officer. person presumed not illegal alien who unlawfully present the United
States (U.S.) the person provides law enforcement officer agency any the
following: valid Arizona driver license valid Arizona non-operating identification license valid tribal enrollment card other form tribal identification the entity requires proof legal presence the U.S. before issuance; any valid
U.S. federal, state, local government issued identification.
Facts and circumstances, and any rational inferences therefrom, that would lead
reasonable and prudent officer believe crime has been being committed, and
the subject arrested committed the crime; officer may arrest based probable
cause.
The reliance race, skin color, and/or ethnicity indication criminality, including
reasonable suspicion probable cause, except when part suspect description.
Facts and circumstances, and any rational inferences therefrom, that would lead
reasonable and prudent officer believe crime is/was afoot (has been, being,
about committed); the officer need not know the exact nature the crime;
officer may stop detain person based reasonable suspicion, but may not arrest search absent probable cause reasonable suspicion the detained person armed
and dangerous. temporary detention person for investigation temporary detention considered seizure person and is, therefore, governed the Fourth Amendment); stop
occurs when reasonable person under the circumstances would believe that he/she
not free go; stop must based least reasonable suspicion; person
stopped when such person submits show authority physical force.
ARRESTS
ALL arrested persons (adults and juveniles whether booked/detained cited lieu detention
(CLD d)/referred and released), regardless reasonable suspicion lawful status the U.S.,
race, color, national origin, presumptive ID, shall have their immigration status verified the
federal government prior the arrestee being released (ARS 11-1051).
NOTE:
Presentation the arrestee presumptive and/or agency identification processes
does not meet the requirement verify immigration status under state law.
(21) Officers not need verify the immigration status adult who booked (HSI
personnel assigned booking adult, the Maricopa County Sheriff Office (MCSO) 4th
Avenue Jail will available after the booking verify immigration status).
(12) For adults being issued Arizona Traffic Ticket and Complaint (ATTC) issuing CLD adult for all arrested juveniles arrestees [CLD referred and released for crime, detained the Juvenile Court Center (JCC)], the arresting officer will make reasonable
attempt contact the federal government through HSI/CBP/287(g) verify the arrestee
immigration status must first contact the VCB desk sergeant, (602) 262-6141, who will
document all immigration related data and give authority call ICE (if the VCB sergeant not available officers must call on-duty sergeant for approval call ICE)
NOTE:
Officers must not detain person solely for determining immigration status longer
than completion the original stop/detention (once the purpose for the original
stop/detention complete the ATTC/juvenile referral complete, officers
cannot continue detaining the person verify immigration status).
IMMIGRATION ENFORCEMENT PROCEDURES
PHOENIX POLICE DEPARTMENT
(a)
10/15 Draft 06/17
Operations Order
4.48
PAGE can done safely, officers are encouraged make every effort call HSI out
hearing distance from the arrestee and the family especially while school grounds
where the arrestee juvenile.
(b) HSI/CBP/287(g) does not answer within reasonable period time,
HSI/CBP/287(g) unable verify the arrestee unlawfully present, the officer will
proceed handle the arrestee according Department policy, which may result
the issuance ATTC the completion the Juvenile Arrest/Referral Worksheet
section the for the non-immigration charge/s and the release the arrestee
(c) The fact that HSI/CBP/287(g) cannot verify person status does not mean person unlawfully lawfully present the U.S., and not the basis for enforcement action.
(i) there reasonable suspicion the person unlawfully present the U.S. but
the officer unable verify immigration status through HSI/CBP/287(g) and the
person issued ATTC CLD for any offense where policy requires IR,
then will completed following the guidelines outlined section this
order. (1) (c) (ii) there reasonable suspicion the person unlawfully present the
U.S. but the officer unable verify immigration status through HSI/CBP/287(g) and the
person issued ATTC CLD for any offense where policy does not require IR,
such suspended license, will completed following the guidelines outlined
section this order.
(d) Eligibility for issuing ATTC CLD will established accordance with
Operations Orders 6.2, Arizona Traffic Ticket and Complaint, unless federal civil
criminal charges exist listed section 6.B this order.
(3) Officers are reminded per Operations Order 4.10, Arrest, prior booking any
adult detaining any juvenile, officers will review the circumstances the arrest with sworn supervisor (this includes any releases transports HSI CBP personnel).
Under circumstances will this provision limit restrict the enforcement federal
immigration laws less than the full extent permitted federal law. Citizenship Questions And Documentation After Arrest
(1) All arrested persons shall asked What country are you citizen of? and What your
place birth?
(a) the arrestee answers they are citizen country other than the United States,
officers will ask the arrested person they also have dual U.S. citizenship.
Officers may not ask incriminating follow-up questions unless Miranda rights have
been read and valid waiver obtained.
Employees must follow the provisions Operations Order 4.10, Arrest,
notifying the appropriate foreign consulate for persons who are identified
foreign citizens.
(b) the arrestee states they are not U.S. citizen and Miranda rights have been read
and valid waiver obtained, officers should ask the following questions with the
answers documented the IR.
Are you the United States legally? you have any registration documents other proof lawful presence?
CONSENTUAL CONTACTS/STOPS/DETENTIONS Consentual Contacts
(1) State laws related immigration enforcement neither expand nor limit officer ability
approach person and engage voluntary conversation.
(a) During voluntary conversation, the officer may inquire about any subject matter.
(b) The person contacted does not have answer questions produce any identification,
but may choose voluntarily.
(c) Officers not have the authority demand person show their papers. (1) (d) during the contact, the officer develops reasonable suspicion the person has
committed, committing, about commit crime, then the officer should proceed directed section 5.B this order.
(2) Officers should exercise discretion making immigration status inquiries during consentual
contacts with victims and witnesses crime.
IMMIGRATION ENFORCEMENT PROCEDURES
PHOENIX POLICE DEPARTMENT
10/15 Draft 06/17
Operations Order
4.48
PAGE
(3) order avoid perceptions bias based policing (including racial profiling) during
consentual contacts, officers should consistent asking persons for their
identification. event shall race, color national origin play any role officer decision inquire
about immigration status consentual encounters, unless part suspect description otherwise authorized law.
5B. Persons Lawfully Stopped Detained LAWFUL DETENTION AND REASONABLE SUSPICION IMMIGRATION VIOLATION
(1)A. during the course lawful stop detention person (detainee), detained for violation any law and during this detention officer subsequently develops additional reasonable
suspicion believe detainee alien and the detained person unlawfully present the
U.S., the officer shall make reasonable attempt determine the immigration status the
detainee with the federal government through HSI/CBP/287(g) contact ICE and verify the
person immigration status (ARS 11-1051.B).
Officers cannot use race, color, national origin one the articulable factors develop
reasonable suspicion person not lawfully the U.S.
Officers have authority detain person solely for civil immigration violation.
Because victims and witnesses are not considered lawfully detained for purposes the 4th
Amendment, officers are not required under this statute call ICE and verify immigration
status there reasonable suspicion victim witness unlawfully present the U.S.
Officers must not hold person for longer than the purpose the original stop verify
immigration status.
There are three EXCEPTIONS when NOT necessary contact ICE verify immigration
status for persons lawfully stopped/detained and there reasonable suspicion the person
unlawfully present the U.S.:
(a1) When not practicable determining whether practicable, officers should consider things such For
example: work load, criticality incident and other present duties, available personnel scene, location, available back-up, and ability contact availability
HSI/CBP/287(g) ICE.
(b2) When the determination may hinder obstruct investigation
The officer should consider when whether investigate immigration status light the need for suspect, victim, and witness cooperation investigation.
(3)
When the person provides presumptive identification
(3)
This consideration not necessarily limited the investigation for which the
person has been detained, such domestic violence investigations, complex
investigations money laundering, human trafficking, and drug smuggling, which
may require significant cooperation those involved.
See section 3.E this order for list presumptive identification. the detainee presents one the following types presumptive identification,
presumed the detainee lawfully present the U.S.
(a) valid Arizona driver license
(b) valid Arizona non-operating identification license
(c) valid tribal enrollment card other form tribal identification
(d) the entity requires proof legal presence the U.S. before issuance; any valid U.S.
federal, state, local government issued identification
IMMIGRATION ENFORCEMENT PROCEDURES
PHOENIX POLICE DEPARTMENT
10/15 Draft 06/17
Operations Order
4.48
PAGE
(2). establishing whether there reasonable suspicion believe person alien and
unlawfully present the U.S., officer shall not consider the detainee person race, color, national origin except the extent that officer may ask about person citizenship,
unless part suspect description otherwise authorized law. (3) the detainee presents one the following types presumptive identification,
presumed the detainee lawfully present the U.S.:
(a) valid Arizona driver license.
(b) valid Arizona non-operating identification license
(c) valid tribal enrollment card other form tribal identification
(d) the entity requires proof legal presence the U.S. before issuance; any valid U.S.
federal, state, local government issued identification.
NOTE: further investigation into the person status necessary, unless there are
additional facts that cast doubt the person lawful presence.
Officers are cautioned against unnecessarily prolonging stops and detentions determine person immigration status.
(4) reasonable suspicion exists believe the person unlawfully present, and the detainee
does not present presumptive identification meet one the exceptions that are listed
section 5.B.(1) this order, the officer shall make reasonable attempt determine the
person immigration status
(a) determining whether reasonable suspicion unlawful presence exists, officers
should consider all relevant factors, including among others:
Lack false identification (if otherwise required law)
Possession foreign identification
Flight and/or preparation for flight; engaging evasive maneuvers, vehicle,
foot, etc.
Voluntary statements the person regarding their citizenship lawful presence
NOTE: the person custody for purposes Miranda, he/she may not
questioned about immigration status until after the reading and waiver Miranda rights.
Foreign vehicle registration
Counter-surveillance lookout activity company other unlawfully present aliens
Location, including for example: place where unlawfully present aliens are known congregate looking for work location known for human smuggling known smuggling routes traveling
tandem
Vehicle overcrowded rides heavily
Passengers vehicle attempt hide avoid detection
Prior information about the person
Inability provide their residential address
Claim not knowing others same vehicle same location
Providing inconsistent illogical information
Dress
Demeanor: for example, unusual unexplained nervousness, erratic behavior,
and refusal make eye contact
Significant difficulty speaking English (5) When reasonable suspicion exists believe detainee alien and present the U.S.
unlawfully, but there are state local criminal violations, the officer shall contact
HSI/CBP/287(g), unless exception section 5.B.(1) this order applies.
(a) HSI /CBP/287(g) does not answer for unreasonable period time,
HSI/CBP/287(g) unable determine the detainee unlawfully present, then the
officer shall release the detainee.
The fact that HSI/CBP/287(g) cannot verify person status does not mean
person unlawfully lawfully present the U.S., and not the basis for
enforcement action.
(b) The officer shall complete following the guidelines outlined section this
order.
Operations Order
IMMIGRATION ENFORCEMENT PROCEDURES
PHOENIX POLICE DEPARTMENT
4.48
10/15 Draft 06/17
PAGE
46. DOCUMENTATION
All immigration related data must documented the VCB desk sergeant.
Documentation will completed following the guidelines outlined below.
NOTE: Only ONE Incident Report (IR) Field Interview (FI) needed document any and
all offenses.
TYPE OFFENSE
(1) State/Local Charges1
Yes2
BOOKING FORMS
Yes (if booking)
ATTC
Yes3
(do not complete
booking)
No2
Documentation will completed following the guidelines outlined below. (Continued)
TYPE OFFENSE
(2) Federal Criminal Charges
Only Unknown
(3) Federal Civil Charges Only Unknown
(4) Detention and Removal
Order (DRO) Only
BOOKING FORMS
Included HOLD information being booked state/local
charges
Included HOLD information being booked state/local
charges
Included HOLD information being booked state/local
charges
ATTC
Yes4
Yes4
Yes4
(5) Consentual Contact/
Yes4
Stop/Detention (including all
releases and transports,
voluntary HSI requested)
Use appropriate ARS Phoenix City Code (PCC) the Offense Information section required policy; otherwise, will completed applicable and/or eligible for CLD according Operations Orders 6.2, Arizona Traffic Ticket and
Complaint. Select FI/Field Interview the Offense Description Violent Crimes for Offense Element and HIKE
for Offense Element
The will have the following information documented:
The subject listed the Suspect section Known Known Arrested
Subject name and personal information
Time, place, and reason for contacting the subject
The agency contacted [HSI/CBP/287(g)] and the type contact (phone call, person, teletype)
Serial number the employee who contacted HSI/CBP287g
Name and serial number the HSI/CBP287g official who verified the subject immigration
status
The phone number and time the information was verified applicable, the articulable facts establishing voluntary consent reasonable suspicion,
including consent transported HIS applicable, the name and serial number the HIS agent who took custody the subject
Document whether the subject consulate was notified (see Operations Orders 4.10, Arrests)
The factual basis for the federal immigration violation thoroughly documented the
Narrative section
Answers the below questions:
What your country citizenship?
What your place birth?
NOTE: Only Miranda given and valid waiver obtained, may the following asked:
Are you the United States legally? you have any registration documents other proof lawful presence? document possible immigration violations, the related ICE Contact Date, Phone and
Response data fields the Suspect section the must completed for each suspect
arrested person ensure completion the HSI Notification Report.
IMMIGRATION ENFORCEMENT PROCEDURES
PHOENIX POLICE DEPARTMENT
Operations Order
10/15 Draft 06/17
4.48
PAGE
67. CONTACT WITH HSI ICE officers contact HSI ICE during the course contact investigation any time and HSI ICE
advises there are federal charges, officers will need must ask the charges are federal criminal
charges federal civil charges (state and local officers have authority enforce federal civil
immigration violations).
NOTE:
1Anytime
ICE needs contacted verify the immigration status any person,
officers must first contact the VCB desk sergeant, (602) 262-6141, who will
document all immigration related data and give authority call ICE (if the VCB sergeant not available, officers must call on-duty sergeant will contacted for approval
call ICE).
2State and local officers have authority enforce federal civil immigration violations. legal advisor will on-call 24/7 for immigration related questions.
Federal Civil Charges
(1)
When HSI ICE advises there are only federal civil charges and there are state and/or
local charges, refer the below procedures:
(a)
The officer may not extend stop/detention based upon the federal civil charges.
(b)
The officer will not extend the stop/detention wait for HSI ICE respond.
(c)
Officers will not transport the person based solely upon federal civil violation without
the person consent.
(d) the person has been stopped/detained, he/she must released after the initial
investigation complete, unless the officer has developed additional reasonable
suspicion detain the person investigate violation criminal activity.
(e) the person released transported, complete following the guidelines outlined section this order.
(2) there federal civil charge and the person under arrest for state and/or local
charge/s:
(a) The person will booked into the Maricopa County Sheriff Office (MCSO) 4th
Avenue Jail the state and/or local charge/s.
(b) HOLD for the federal charge will placed the person for HSI ICE other
appropriate federal agency. will completed with the state and/or local charges/s listed the primary
offense and following the guidelines outlined section this order.
Federal Criminal Charges
(1)
When HSI ICE advises there are federal criminal charges and there are state and/or
local charges, refer the below procedures: (1) (a) The officer shall determine whether HSI ICE will respond take the
person into custody whether the officer should arrest the person and transport
HSI ICE, MCSO 4th Avenue Jail, federal facility.
(b)
Complete following the guidelines outlined section 4of this order.
IMMIGRATION ENFORCEMENT PROCEDURES
PHOENIX POLICE DEPARTMENT
(2)
10/15 Draft 06/17
4.48
PAGE there federal criminal charge and the person under arrest for state and/or
local charge/s:
Operations Order
Follow the procedures outlined above section 67.B.(2) this order.
HSI ICE Unable Determine Federal Civil Criminal Charges
(1) HSI ICE unable verify whether the federal charge civil criminal, then the charge
will treated civil.
(a) there are state and/or local charges, the procedures outlined above section
67.B.(1) this order will followed.
(b) the person under arrest for state and/or local charges, the procedures outlined
above section 67.B.(2) this order will followed.
STATUTES Unlawful Stopping Hire And Pick Passengers For Work, ARS 13-2928 and Class
Misdemeanor
(1) order prove ARS 13-2929 subsections officer must provide proof all the
listed elements within the subsection:
NOTE:
Subsections and apply all persons without regard immigration status.
(a) Subsection unlawful for occupant motor vehicle,
That stopped street, roadway, highway attempt hire hire and pickup passenger
For work different location the motor vehicle blocks impedes the normal movement traffic. (1) (b) Subsection unlawful for person enter motor vehicle,
That stopped street, roadway, highway order hired occupant the vehicle transported work different location the motor vehicle blocks impedes the normal movement traffic.
(2) Officers may not consider race, color, national origin the enforcement this section
except part specific suspect description otherwise authorized law.
(3) will completed for all arrests following the guidelines outlined section this
order.
98. DETENTION AND REMOVAL ORDER (DRO) HOLDS
The Detention and Removal Office (DRO) unit HSI ICE that has the responsibility
detaining and transporting undocumented persons apprehended HSI ICE, Customs and
Border Protection (CBP), local law enforcement.
Once ICE has determined person unlawfully present the U.S. has been identified the
U.S. unlawfully, HSI ICE will issue DRO hold, which can for criminal civil violations.
This hold will similar hit from warrant when person information run through
the National Crime Information Center (NCIC). officer receives DRO notification from HSI ICE, follow the below procedures: he/she must
call the phone number the DRO notification determine whether the DRO hold criminal
civil.
(1)
(2)
Call the phone number the DRO notification determine whether the DRO hold
criminal civil. the DRO civil and there are state and/or local charges, follow the procedures
outlined section 6.B.(1) this order.
IMMIGRATION ENFORCEMENT PROCEDURES
PHOENIX POLICE DEPARTMENT
(3)
(4)
(5)
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Operations Order
4.48
PAGE the DRO civil and the person under arrest for state and/or local charge/s, follow
the procedures outlined section 6.B.(2) this order the DRO criminal and there are state and/or local charges, follow the procedures
outlined section 6.B.(2) this order. the DRO criminal and the person under arrest for state and/or local charge/s,
follow the procedures outlined section 6.B.(2) this order.
109. ASSISTANCE WITH DROP HOUSES, HUMAN SMUGGLING, AND LOAD VEHICLES
When contact with HSI ICE deemed necessary, the following steps will taken: patrol supervisor will contact the Violent Crimes Bureau (VCB) desk sergeant and provide detailed account the situation.
10.
1110.
Officers will cooperate with HSI agents HSI law enforcement activities.
Officers may transport HSI prisoners associated with smuggling operations, drop houses, load
vehicles the request HSI agent.
Officers will complete following the guidelines outlined section this order.
NCIC HSI ICE IMMIGRATION VIOLATOR FILE
HSI ICE keeps record aliens who have been convicted felony crime the U.S. and have
since been deported their country citizenship.
The VCB desk sergeant will contact HSI ICE and based upon the HSI ICE Criteria
Checklist for Response form, determine HSI ICE will respond, the incident
requires notification the VCB Home Invasion Kidnapping Enforcement (HIKE)
sergeant and/or other investigative detail supervisor/s (Department Public Safety
(DPS) Illegal Immigration Prevention Apprehension Co-op Team-IIMPACT).
The VCB desk sergeant will document each reported incident along with the response HSI ICE.
The VCB desk sergeant will advise the patrol supervisor response HSI ICE
and/or other investigative detail.
This record known the Deported Felon File which located the NCIC Immigration
Violator File.
The Immigration Violator File contains the following additional categories:
(1)
The HSI ICE Absconder category, which contains the records for individuals with
outstanding administrative warrant removal from the U.S. who have unlawfully remained the U.S.
(2)
The HSI ICE National Security Entry/Exit Registration System (NSEERS) category, which
contains the records for individuals whom the Department Homeland Security (DHS) and
HSI ICE have determined have violated registration requirements for entry into the U.S.
(a)
(b)
Police officers will must not take enforcement action Administrative Warrants
NSEERS hits these are civil federal matters.
(c)
The NCIC query results will advise whether the information displayed
Administrative Warrant hit Deported Felon File hit.
For Administrative Warrants NSEERS hits, follow the procedures outlined section
6.B this order. there are local charges along with Deported Felon File notification, follow the procedures outlined section 67.B.(2) this order).
IMMIGRATION ENFORCEMENT PROCEDURES
PHOENIX POLICE DEPARTMENT
10/15 Draft 06/17
Operations Order
4.48
PAGE officer runs person who the subject Deported Felon File notification, and there
are local charges, the following steps will taken:
(1)
Verify through physical description (scars, marks, tattoos, etc.), admission, other
available information, the person the hit the same person.
(2)
Contact the HIS ICE Law Enforcement Service Center Vermont through the
communications dispatcher call directly using the phone number listed for immediate
notification confirmation.
(3)
Once the hit has been confirmed, officers will positively identify the subject through
LiveScan, fingerprint the individual and fax the fingerprints HIS ICE.
(4)
After the subject has been positively identified, the HIS ICE Law Enforcement Agency
Response (LEAR) Unit (or other local HIS ICE office) may contacted 602-379-3235
for pick-up and disposition the subject.
11.
(5)
Officers may also take the subject the HIS ICE Detention and Removal Office
2035 North Central Avenue for subject turnover HIS ICE agent.
Officers will call the LEAR Unit before transporting subject.
Officers will complete following the guidelines outlined section this order.
Include whether not the LEAR Unit picked the subject the subject was
transported the HIS center.
121. FEDERAL FIREARMS REGULATIONS
Under Title 18, U.S.C., Chapter 44, Section 921(20), any alien illegally the country person
unlawfully present the U.S. prohibited from owning possessing firearm. the status prohibited possessor cannot verified, will completed and the
firearm impounded Evidence.
132. U-VISA CERTIFICATION FORMS
Available through the United States Citizenship and Immigration Services for immigrants who are
current former victims, affected eligible family members who are assisting officials the
criminal justice system with the investigation and prosecution criminal activity.
All requests for U-Visa certifications (form I-918B) will assigned the case detective who will
determine the applicant meets the conditions required form I-918B regards the type
crime committed and the victim involvement: for example, the applicant victim and was/is
being cooperative and possesses relevant information regarding the case.
The assigned detective will forward form I-918B the authorized certified signer within their
respective bureau (designated the bureau commander/administrator) with recommendation
for the signer either sign not sign the form.
Once reviewed and either signed not signed the authorized certified signer, the form will
returned the assigned case detective for disposition (returned the victim/attorney/
representative).
143. HSI ICE NOTIFICATION
HIKE will responsible for the daily review the HIS/ICE Notification Report.
HIKE will forward copy the HSI/ICE Notification Report HSI ICE ensure compliance
with federal and state reporting guidelines.
IMMIGRATION ENFORCEMENT PROCEDURES
PHOENIX POLICE DEPARTMENT
10/15 Draft 06/17
Operations Order
4.48
PAGE
154. HSI ICE CONTACT INFORMATION
1-800-973-2867 HSI ICE hour contact (Communications Center) Call must made
custodial officer and request transferred the Phoenix DRO Office
1-802-872-6020 HSI ICE Law Enforcement Support Center (NLETS Inquiry Only phone
support)
1-520-836-7812 Tucson CBP