DEPARTMENT POLICY LINKS:

Immigration Status Policy

Immigration Notification Criteria

Coming Soon in Spanish

 

 

Immigration Status

1.0 POLICY STATEMENT

2.0 DEFINITIONS

3.0 MANDATES

4.0 GENERAL INFORMATION

5.0 PROCEDURES

6.0 REVISION HISTORY

Sheriff’s Office Detention Division Version 8.2017

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 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.

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.

Immigration Notification Criteria

A list of conditions that when met requires ICE to be notified of an inmate being, or will be, released on a certain date.

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 Miranda-Olivares v Clackamas County

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. Refer to Law Enforcement Division Policy 428 – Immigration Violations

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 and probable cause statements signed by a Magistrate in all cases will be honored.

C. The Sheriff’s Office regularly receives requests from ICE asking to be notified of an inmate’s impending release from custody. The Sheriff’s Office will only notify ICE of an inmate's pending release from custody if the inmate falls within the Sheriff’s Office immigration notification criteria.

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. If it is determined an inmate falls within the Sheriff’s Office Immigration Notification Criteria and 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) that the Office intends to comply with the request, along with the Immigration Notification Review Form attached. When the Office provides ICE with notification that an inmate is being, or will be, released on a certain date, 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. a. An inmate and/or their designee may request an immigration notification review by completing an Immigration Notification Review Form and forwarding the form to the Pre-Trial Sergeant. A review will occur (when possible) before ICE is notified. The Pre-Trial Sergeant will notify the inmate or requestor of the outcome of the review.

3. If an inmate does not fall within the Sheriff’s Office immigration notification criteria and 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 (ICE DENIAL) Form that the Office will not comply with the request.

4. 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.

5. The Office will maintain statistical data relating to the "TRUTH ACT" in the Office’s shared drive in the County computer system. a) All Immigration Notification Forms to inmates. b) All Request for Voluntary Notification of Release of Suspected Priority Alien ICE forms. c) All communications to and from ICE notifying them of an inmate’s impending release. d) ICE access to Sheriff’s Office facilities for the purpose of effecting an arrest. e) ICE will be provided with non-publically available information (as would any law enforcement agency) such as home addresses, work addresses, and phone numbers whether through computer databases, jail logs, or otherwise on request, only if the inmate is currently in custody. If the inmate is not in custody the request must be submitted to the Central Information Bureau (CIB). All requests received from ICE along with responses will be documented.

6.0 REVISION HISTORY

Version: 8.2017

Replaces version 3.2017; Replaces version 1.2017; Replaces version 11.2014; Replaces version 2/2014; Replaces 1.2014