02.13 – ICE Detainee Policy Page 1 of 3

ORDER #.

 02.13  

  PAGES

 3    

Date      

08-­13-­13    

CHAPTER  

BOOKING PROCESS

   

SUBJECT

Immigration and Customs Enforcement Detainee Processes

PURPOSE To establish guidelines for Santa Ana Jail personnel in the processing of individuals identified as unlawfully present immigrants subject to Immigration and Customs Enforcement (ICE) federal detainers. POLICY The Attorney General’s Information Bulletin 2012-DLE-01 published December 4, 2012, establishes ICE detainers are not compulsory and are enforceable at the discretion of the individual law enforcement agency. Further, the bulletin clarifies the Secure Communities program does not require local law enforcement agencies to determine immigration status or enforce immigration laws. And, while anyone booked and fingerprinted is automatically screened for immigration violations through federal databases, local agencies have the discretion to determine their own policies regarding maintaining custody of individuals subject to federal detainers. Santa Ana Police Department recognizes when police officers are perceived to engage in immigration enforcement, members of the immigrant community become less inclined to report crimes, identify criminals and assist law enforcement. While individuals booked into Santa Ana Jail (SAJ) will be subjected to Secure Communities automated immigration review as a matter of course, jail staff will not honor detainers on individuals charged with low-level offenses and who do not present a threat to public safety. PROCEDURE I. ICE Detainers

A. The determination to honor an immigration detainer on an individual charged with a

misdemeanor or traffic offense shall be made by a shift supervisor or above.

B. When jail personnel receive an ICE detainer through the automated Secure Communities system, the detainer is to be turned over to Classification staff so personnel can run a criminal history report on the subject of the detainer.

 

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C. The on-duty supervisor will conduct a public risk assessment which will include a review of the individual’s initial offense, the individual’s criminal history and any other information pertinent to assessing the best interest of the community and public safety.

D. Detainers will be honored when any of the following conditions exists:

1) The person is arrested for a felony 2) The person is arrested for a misdemeanor involving violence, sex offenses,

weapons or drugs. 3) The person is arrested for a terrorism-related offense or is reasonably

suspected of involvement in terrorism and/or subversive activities. 4) The person is arrested for or is reasonably suspected of involvement in

human smuggling or human trafficking. 5) The person is arrested for or is reasonably suspected of participating in a

sophisticated or organized criminal activity. 6) The person is arrested for or is reasonably suspected of participating in

criminal street gang activity. 7) The person is reasonably suspected of a serious felony but due to time

restraints, there is a risk the person will be released prior to the processing of physical evidence.

II. Bail/Bond A. Once an individual’s identification is determined, staff will accept bail or cash bond

on any bondable charge.

B. In the event a person has an ICE detainer at the time of the bail/bond posting, SAJ staff will accept the bail/bond and give notification to the individual posting the bail/bond of the existence of the ICE detainer.

C. Upon accepting bail/bond, records staff will immediately notify Ice Detention and Removal operations to advise of the posting.

D. If ICE does not pick up the arrestee within 48 hours of the bail/bond posting, SAJ will release the arrestee according to established bail/bond release procedures.

III. Emergency Medical

A. If an arrestee is in need of emergency medical attention and is only being held on an ICE detainer, the shift supervisor will notify ICE of the situation and make the determination whether to honor the detainer or release the arrestee.

B. If under extenuating circumstances ICE requests that the detainer be kept active, the shift supervisor will make the final decision to approve hospital coverage. The supervisor will also ensure that ICE personnel provide hospital guard relief for

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staff.