DEPARTMENT POLICY LINKS:

IMMIGRATION STATUS

ESTATUS MIGRATORIO 

Immigration Status 1.0

1.0 POLICY STATEMENT

The Sonoma County Sheriff’s Office will equally enforce the laws and serve the public without regard to immigration status. No person shall be held solely on the basis of their immigration status. The immigration status of a person, and the lack of immigration documentation, should have no bearing on the manner in which Sheriff’s Office personnel execute their duties.

2.0 DEFINITIONS ICE

Immigration and Customs Enforcement

ICE Immigration Detainer/Hold

An ICE Immigration Detainer/Hold is a request for voluntary action by the Sheriff’s Office to maintain custody of an inmate for a period not to exceed 48 hours beyond the time when he or she would have otherwise been released from custody.

ICE Request for Voluntary Notification

An ICE request for notification is a request to voluntarily notify ICE of the pending release of an inmate from custody. It does not authorize the Sheriff’s Office to hold an individual beyond the point at which he or she would otherwise be released.

ICE Access

Means, for the purposes of civil immigration enforcement, including when an individual is stopped with or without their consent, arrested, detained, or otherwise under the control of the Office, to include all of the following:

Responding to an ICE hold, notification, or transfer request.

Providing notification to ICE in advance of the public that an individual is being or will be released at a certain date and time through data sharing or otherwise.

Providing ICE non-publically available information regarding release dates, home addresses, or work addresses, whether through computer databases, jail logs, or otherwise.

Allowing ICE to interview an individual.

Providing ICE information regarding date and times of probation or parole check-ins.

3.0 MANDATES

AB 4 (TRUST ACT)

AB 2792 (TRUTH ACT)

Government Code 7282, 7282.5, 7283, 7283.1 and 7283.2

8 CFR 287.7

4.0 GENERAL INFORMATION

A. Immigration Enforcement Jurisdiction. The U.S. Department of Homeland Security’s Immigration and Customs Enforcement agency (ICE) has primary responsibility to investigate and enforce federal immigration laws. Sheriff’s Office personnel may assist ICE in the enforcement of federal immigration laws upon its specific request. Assistance to ICE will also be provided in response to officer safety issues.

B. The Sonoma County Sheriff’s Office no longer honors ICE Immigration Detainers, in compliance with the Trust Act, unless ICE presents proof that it has probable cause for the detention, for example by providing an arrest warrant. Detainers and warrants are entirely separate and should not be confused. Duly issued warrants signed by a judge in all cases will be honored.

1. If an ICE Immigration Detainer (Form I-247D) is received by the Office, the Detainer shall be taken to a Lieutenant or the Detention Division’s Information Bureau Manager to determine if the Sheriff’s Office has the legal authority and/or legal obligation to honor the Detainer.

C. The Sheriff’s Office regularly receives requests from ICE asking to be notified of an inmates impending release from custody on a Request for Voluntary Notification of Release of Suspected Priority Alien Form (I-247N Form). This form is a request that the Office advise ICE, prior to releasing the individual of the pending release. Form I-247N does not authorize the Sheriff’s Office to hold an individual beyond the point at which he or she would otherwise be released.

D. If members of the public contact the Sheriff’s Office to report suspected immigration violations, such individuals will be directed to ICE.

E. The Sergeant and/or the Supervising Legal Processors will need to verify inmate releases using the Pre-Release Check Off Form.

5.0 PROCEDURES

A. The Office complies with the TRUTH ACT (Transparent Review of Unjust Transfers and Holds Act) by:

1. In advance of any interview between ICE and an inmate regarding civil immigration violations, the Office shall provide all inmates with a written consent form (ICE Interview Consent Form) that explains the purpose of the interview, that the interview is voluntary, and that he or she may decline to be interviewed or may choose to be interviewed only with his or her attorney present. The written consent form is available in English, Spanish, Chinese, Tagalog, Vietnamese and Korean.

2. Upon receiving any ICE hold, notification, or transfer request, the Office shall provide a copy of the request to the inmate and inform them on an Immigration Notification Form (Spanish) (Chinese) (Korean) (Tagalog) (Vietnamese)whether the Office intends to comply with the request. If the Office provides ICE with notification that an inmate is being, or will be, released on a certain date on a Request for Voluntary Notification of Release of Suspected Priority Alien form, the Office shall promptly provide the same notification in writing to the inmate and to his attorney of record or to one additional person who the inmate shall be permitted to designate.

3. All records relating to ICE access provided by the Office, including all communication with ICE, shall be public records for the purposes of the California Public Records Act, including the exemptions provided by that act, as permitted under that act all personal identifying information will be redacted prior to public disclosure. Records relating to ICE access shall include, but not limited to, data maintained by the Office regarding the number and demographic characteristics of inmates to whom the Office has provided ICE access, the date ICE access was provided, and whether the ICE access was provided through a hold, transfer, or notification request or through other means.

4. The Office will maintain statistical data relating to the "TRUTH ACT."

a. All Immigration Notification Forms to inmates will be maintained in the Office’s share drive in the computer.

b. All Request for Voluntary Notification of Release of Suspected Priority Alien ICE forms will be maintained in the Office’s share drive in the computer.

c. All e-mail communications to and from ICE notifying them of an inmate’s impending release will be maintained in the Office’s share drive in the computer.