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ATTACHMENT A

San Francisco Police Department 5.15

GENERAL ORDER Rev.

ENFORCEMENT OF IMMIGRATION LAWS

The purpose of this order is to establish policies regarding the San Francisco Police Department's role in the enforcement of immigration laws and cooperation with U.S. Immigration and Customs Enforcement ("ICE"), U.S. Customs and Border Protection ("CBP") or successor agencies whose role is to enforcement immigration laws, in conformity with state and federal laws and San Francisco Administrative Code Chapters 12H and 121.

I. POLICY.

It is the policy of the San Francisco Police Department to foster respect and trust between law enforcement and residents, to protect limited local resources, to encourage cooperation between residents, City officials, and law enforcement, and to ensure community security. It is also Department policy, consistent with its obligations under state and federal law, to adhere to San Francisco Administrative Code Chapters 12H and 121. These Chapters generally prohibit the use of City resources to assist in the enforcement of federal immigration laws, except as required by federal or state law.

II. STATE AND LOCAL LAW. In accordance with Chapter 12H and state law, members of the Department shall, in prforming their official duties, adhere to all of the following:

A. DETENTION: Members shall not stop, question, or detain any ndividual se4&y because lof the individual's national origin, foreign appearance,jinahilityto rpeak

.--- f Commented [SHI]: See recommendation (A) in the

Englishlimited English proficienc, or immigration status. (also---soeDGO5O3 accompanying memo.

Investigative Detentions). Members shZl not inquire into an individual's [Commented [SH2]: See recommendation 1(A) in the immigration status. [accompanying memo.

B. DOCUMENTS: In the course and scope of their duties e.g., traffic enforcement, investigations, and taking reports, members shall not require individuals to produce any document to prove their immigration status. _Members are reminded they shall accept a City of San Francisco Municipal Identification Card when Commented [SH3]: See recommendation (B) in the

requiring members of the public to show proof of identity. (See DGO 5.06. accompanying memo.

Citation Release Commented [s4]: Move to DGO 5.06 and add reference to end of this 000 about 000 5.06.

C. ASSISTING ICE/CBP: Members shall not cooperate with or assist ICE/CBP in j Commented [SH5]: See recommendation 1(C) in the

any investigation, detention, or arrest procedures, public or clandestine, where in accompanying memo.

any such in se stance -'knowipurp--- -is enforcing federal immigration laws. Commented [s6]: SB 54, a pending CA bill that is likely to be signed bythe Governor, has reporting requirements around joint taskforce operations, and it uses the term "known" to refer to purpose. For consistency, it would be preferable to use "known" instead of "stated," which we had discussed at the B/iS meeting.

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D. INFORMATION GATHERING/DISSEMINATION FOR IMMIGRATION ENFORCEMENT PURPOSES:

1) Release Status/Confidential Information for immigration enforcement purposes. Members shall not request information about, or disseminate information, regarding the release status. which includes. but is not limited to the br-release date, c-er-time, or location -of any individual or any oth- - ----

f Commented ISH7I: See recommendation 1(D) in the

confidential, identif'ing information such as home, work, or family or accompanying memo.

emergency contact information, except as required by federal or state law. Members shall not threaten to felease a1w pemenal-inth tion-abeut-an individual to federal immigration authoritiedanv person with deportation ---- Commented [SB]: Changed as per our discussion during

the 8/15 meeting where all agreed that no officer shall

2) Services. The Department shall not include on any application, \. [threaten a member of the public with deportation.

questionnaire, or interview form it uses in relation to benefits, services, or f

Commented [SH9]: See recommendation 1(D) in the1

opportunities provided by the City and County of San Francisco, any I accompanying memo.

questions regarding immigration status other than those required by federal or state law. - -

E. ICE/CBP DETA]NERS/ADMi[NESTRATWE (CIVIL) WARRANTS: Members shall not arrest or detain an individual, or provide any individual's personal information to a federal immigration officer, solely on the basis of an administrative (civil) warrant, prior deportation order, or other civil immigration document that only addresses alleged violations of the civil provisions of immigration laws. Members shall not place an administrative (civil) immigration hold or detaller on an individual who is in custody. National Crime Information Center ("NCIC") or California Law Enforcement Telecommunication System ("CLETS") warrant responses currently make clear whether the warrant is administrative (civil) or criminal.

Members shall adhere to all of the following when reviewing or examining outstanding warrants in the NCIC or CLETS system. Members:

1) Shall contact the Sheriff's Central Warrant Bureau CCWB") to confirm any warrant before taking action on the warrant. 2) Shall not enforce federal administrative (civil) warrants for arrest ------- f_Formatted: Indent: Left 1'

(currently Department of Homeland Security ("DHS") Ffonn I- 200) or for removal/deportation (curt'eatly-DHS Fforml-205 ranv other version or similar fornjt). .......... --- fCommented [slO]: Changed as per Commissioner Hing's

—3) Shall not enforce Administrative Immigration Detainer - Notice of Action comments on 8/15 around identifying that other forms exist

(eurrently-DHS Fform[-247A. I247-1). I-247N. and I-247) or ,, may exist mn the future that have the same function.

any other version or similar form). - formatted: Indent: Left: 0.81'

4) May enforce criminal warrants after consulting with CWB and Commented [SHII]: See recommendation I(E) in the

confirming the criminal warrant. accompanying memo.

5) Shall record the name of the individual from CWB staff who confirmed the criminal warrant in the incident report. (See DGO 6.18, Warrant Arrests). -

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Upon receiving any ICE hold, notification, or transfer request. Members shall urovide a copy of the request to the individual and inform him or her in writing that SFPD will not comqlv with the reqjgt.

M. PROVIDING EMERGENCY ASSISTANCE TO ICE/CBP.

A. [CE/CBP REQUESTS FOR EMERGENCY ASSISTANCE: Members may provide emergency assistancdtolCE/CBPtothesana- -extent members would ------------------------------------------------------------------- -

respond to emergency assistance to any other law enforcement agency. For example, members may provide emergency assistance when the member determines there is an emergency posing a significant and immediate danger to public safety or to the ICE/CBP agents.

B. DUTIES OF MEMBERS: Members providing emergency assistance to ICE/CBP shall immediately notify their supervisor and complete an incident report describing the reasons for their assistance.

C. DUTIES OF SUPERVISORS: When notified that a member is providing emergency assistance to ICE/CBP, supervisors shall immediately respond to the location and ensure that such assistance is warranted.

D. TRANSPORTATION: Members shall not assist ICE/CBP in transporting individuals suspected solely of violating federal immigration laws.

K ASSISTANCE: Member shall not provide assistance to ICE/CBP agents for routine ICE/CBP operations, investigations, or raids. If ICE/CBP requests assistance that does not amount to an emergency as outlined in this section, members shall follow the protocols listed for Interagency Operations (see DUO 5.14, Interagency Operations).

IV. ASSISTING OilER LAW ENFORCEMENT AGENCIES AND FOREIGN GOVERNMENT.

A. INTERAGENCY OPERATIONS: if ICE/CBP requests assistance with a planned, unplanned, or spontaneous operation, members must obtain approval from the member's Assistant Chief. (See DUO 5.14, Interagency Operations).

fCommented [ACI2]: See recommendation IV(C) in the accompanying memo.

Commented Is13l: SFPIJ said they would look into defining this during the 8/15 meeting. ALC proposes the following definition:

"Emergency assistance means a situation in which there is a significant and immediate danger of personal injury. Once

the situation no longer poses that threat, all SFPO members must immediately cease providing assistance to ICE/CBP.'

Commented LSHI4I: See recommendation 11(A) in the accompanying memo.

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[1. JOINT CRIMINAL OPERATIONS: Members may continue to collaborate —with other law enforcement agencies, with Fwritten lapproval of the member's Assistant Chief, to protect public safety and participate in joint criminal investigations that —are permitted under Department policy or applicable city or state law. ISFPD may only enter into a joint taskforce operation once an interagency request is opened: an official from the agency provides a briefing to an SFPD investigator who inquires as to whether the agency intends to carry out immigration enforcement: and the parties enter into a written agreement confirming that civil immigration arrests will not take place during the joint

I Formatted: Indent: Left: 0.5, Hanging: 0.31'

Commented [s151: Change made as per Commissioner Ring's suggestion at the 8/15 fleeting.

taskforce operation. U----------------------------------------------------------------------------..---f Commented [s16]: Added this piece per the discussion [/15 of how joint taskforce operations within SFPD work.

When a —member becomes aware that the criminal investigation involves the ", f Commented [s17]: Added this piece per the discussion on 8/15 of how joint taskforce operations within SFPD work.

[Commented [sIB]: Posting interagency request.

—enforcement of immigration laws, the member shall: 1) Notify e4a Supervisor; and 2) Cease operation if doing so would not pose a risk to the officers or the

public; and 3) Suspend Interagency Operations.

—tfhe Department mustshall provide the Police Commission and make available on its —public website any Memoranda of Understanding or interagency request with ICE/CBP or other agency —tasked with the enforcement of immigration laws regardinr joint criminal —operations. On a quarterly basis (January 1st. April 1st, July 1st. and October 1St —of each year). the Department +ntsskshall provide reports of all jointreport the following information, if known, for each task force of which it is a member tankforce

operations. including: I) l)The purpose of the task force: 2) The federaL state, and local law enforcement agencies involved: 3) The total number of arrests made during the reporting period: and 4) The total number arrested for immigration enforcement purposes. The tiy dig initiatedthejoc in- 1) The number of individuals arrested and criminally charged: and 2) The number of individuals arrested for immigration enforcement purposes. L

C. ASSISTING FOREIGN GOVERNMENT: Members shall not assist or cooperate with any investigation, sufveillance, or gathering of information conducted by foreign governments, except for cooperation related to an alleged violation of City and County, State, or Federal criminal laws. (See DGO 8. 10, Guidelines for First Amendment Activities.) Any assistance or cooperation with a foreign government must be approved by the member's Assistant Chief. (See DGO 5.14, Interagency Operations.) Members requesting approval of the Interagency Operation shall notify the Officer-in-Charge ("OIC") of the Special Investigations Division ("SD") who will evaluate whether the U.S. State Department should be notified of the assistance or cooperation.

Commented [SHI9]: See recommendation 111(A) in the accompanying memo.

{ Formatted: Indent: Left: 0.81"

Font: (Default) Times New Roman, 12 pt ] Formatted: List Paragraph, Numbered + Level: I

I Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.81" + Indent at: 1.06"

Formatted: Font: (Default) Times New Roman, 12 pt J - - - Commented [s20]: Based on the discussion at the 8/15

meeting, these reporting requirements are important to ensure transparency and ensure that we can trace back an operation if any person who ends up in immigration custody claims they were picked up in a joint HSI/SFPD operation.

We have slightly changed the reporting requirements here to mirror SB 54, which requires all joint taskforce operations to be reported to the Attorney General.

Commented 1SH211: Is the event that this 0130 does not end joint criminal operations between SFPD and ICE, this piece covers the transparency and reporting provisions around those operations. See recommendation 111(A) in the accompanying memo.

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ATTACHMENT A

DEPARTMENT BULLETINS. Department Bulletins describing current versions or relevant examples of DHS forms and the most current samples of NCIC or CLETS print-outs of both administrative (civil) warrants will be issued as necessary.

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VII. COMPLIANCE WITH OTHER STATE OR LOCAL LAWS. Nothing in this General Order prohibits members from performing their duties in enforcing state and local laws.

VIII. REPORTING. The Department shall submit a written report to the Police Commission, by January 1St and July 1st of each year, addressing the following issues for the time period covered by the report:

11) A description of all communications received from federal immigration authorities. including but not limited to the number of civil immigration detainers. notification

requests, for detention or notification, requests for emergency aesistance, participation in joint criminal operations, or other types of communications: and

2) A description of any communications the Department made to federal immieration authorities, including but not limited to any Department's responses to inquires as described in subsection 1 of this provision.

References

Commented [SH22J: See recommendation TV(A) in the accompanying memo.

Commented Ls231: Commissioners Hing and De Jesus agreed to turn this piece into a Police Commission

[resolution at the 8/15 meeting.

- -{ Commented 18241: Adjusted to reflect the language in 1215.

Commented fSH25]: See recommendation IV(B) in the fl

Laccompanying memo.

DGO 5.03, Investigative Detentions bGO 5.06, Citation Releasel DGO 5.14, Interagency Operations DGO 6.18, Warrant Arrests DGO 8. 10, Guidelines for First Amendment Activities

- --- Commented [s26]: See Comment 4.

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