TITLE: ENFORCEMENT OF IMMIGRATIONS LAWS(in the City of Mount Rainier)

Here is the City of Mount Rainier Maryland Existing Policy on Immigrants residing in the City of Mount Rainier. This policy has existed since 2008. It is LONG, but please read it in its entirety. Keep in mind, POLICIES are established by the Mayor and Council of Mount Rainier. Policy in the City does NOT apply to just one group of people but to all.
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GENERAL ORDER

TITLE:
 ENFORCEMENT OF IMMIGRATIONS LAWS NUMBER:
935.00 

EFFECTIVE DATE:
March 1, 2008 

REVIEW DATE:
March 1, 2009 

Authority:
Chief Michael E. Scott Accreditation Standards: N/A Total Pages 3

This General Order consists of the following numbered sections:

I. Purpose
II. Policy
III. Restrictions upon Inquiries into and Reporting of Immigration Status
IV. Arrest for Immigration Law Violations
V. Assisting Other Agencies
VI. Contacts

I. Purpose

The purpose of this general order is to establish guidelines for Mount Rainier Police Department personnel regarding enforcement of the immigration laws of the United States of America.

II. Policy

Enforcement of the immigration laws of the United States is primarily the responsibility of the federal government. Accordingly, the Mount Rainier Police Department shall not undertake immigration-related investigations and shall not routinely inquire into the immigration status of persons encountered during police operations except as authorized in this general order. This prohibition does not preclude the Department from notifying federal immigration officials in serious situations where a potential threat to national security or the public is identified, nor does it prohibit cooperation with federal immigration authorities when required by federal law.

III. Restrictions upon Inquiries into and Reporting of Immigration Status

A. A person’s right to file a police report, report being the victim of a crime, report information as a witness to a crime or incident, participate in police-community activities, or otherwise benefit from police services is not contingent upon citizenship or immigration status, and officers shall not question any person about his or her immigration status.

Officers shall not inform federal immigration authorities of the whereabouts or behavior of any immigrant or foreign visitor, unless that person:

• Is physically arrested for suspected criminal activity and is not eligible for release on a citation, summons, or citation in lieu of arrest.
• Has been convicted of a felony and has been deported or left the country following the conviction.
• Is reasonably suspected of involvement in terrorism and/or subversive activities.
ENFORCEMENT OF IMMIGRATION LAWS
935.00

• Is reasonably suspected of participating individually or in an organized venture in human trafficking.
• Is reasonably suspected of participating in criminal street gang activity.

B. Officers shall not request passports, visas, “green cards,” consular identification cards,
or other travel documents as identification in lieu of, or in addition to driver’s licenses and similar standard forms of identification. Such documents shall only be requested when standard forms of identification are unavailable, or when the officer is proceeding under one of the conditions listed in Section III.A above. However, if an individual freely offers such documents as identification, officers are permitted to rely on those documents to establish the individual’s identity.

C. There is no general obligation on the part of Mount Rainier police officers to contact U.S. Immigration and Customs Enforcement (ICE) regarding any person. However, a foreign national who is physically arrested for suspected non-immigration related criminal activity may be screened through the ICE Law Enforcement Support Center to determine if ICE wishes to detain the individual pursuant to an immigration related warrant or deportation order.

1. If ICE determines that an arrestee should be held on an immigration related warrant or deportation order, it should forward a detainer to DOC within two (2) hours of being notified that the individual is in custody. Once the ICE detainer is received, DOC personnel should hold the individual until an ICE representative arrives to take custody of him or her.
2. Officers shall not, for the purpose of facilitating ICE taking custody of the arrestee, extend their custody of the arrestee beyond the time required to process the arrest for suspected criminal activity. The officer shall return to service as soon as he or she has completed processing the arrestee on the charge(s) for which the individual was arrested.

D. A person arrested pursuant to a warrant initiated by another jurisdiction shall not be questioned about his or her citizenship or immigration status and officers shall not inform federal immigration authorities of their whereabouts or behavior. Any immigration related inquiries are the responsibility of the originating agency.

E. No person who is eligible for release on a citation, summons, or citation in lieu of arrest shall be physically arrested because of, or in order to determine, their legal status in the United States.

IV. Arrest for Immigration Law Violations

A. In accordance with Title 8 of the United States Code, §1252c officers may arrest an individual without a warrant upon confirmation from U.S. Immigration and Customs Enforcement that the individual:

1. Is a foreign national illegally present in the United States;
2. Has previously been convicted of a felony in the United States; and
3. Has either been deported, or left the United States after such conviction.

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ENFORCEMENT OF IMMIGRATION LAWS
935.00

B. Officers shall not make arrests based solely on administrative warrants for arrest or
removal entered into the FBI’s National Crime Information Center (NCIC) database, including administrative immigration warrants for persons with outstanding removal, deportation or exclusion orders. Enforcement of the civil provisions of U.S.
immigration law is the responsibility of federal immigration officials.

V. Assisting Other Agencies

A. Mount Rainier Police Department employees shall not assist outside law enforcement agencies with the investigation or arrest of individuals solely for civil violations of the immigration and nationality laws of the United States.

B. Section V.A. above does not prohibit employees from rendering back-up or other officer safety assistance to members of outside law enforcement agencies in the performance of their official duties and responsibilities. The Chief of Police or, in the Chief’s absence, the Assistant Chief of Police shall review and approve all requests for back-up or officer safety assistance to other agencies.

C. Except as required by any federal, state or international law or compact, no Mount Rainier Police Department employee shall release to any third party any information regarding the citizenship or residency status of any City resident.

VI. Contacts

A. Immigration and Customs Enforcement (ICE):

SAC Baltimore
40 South Gay Street, 3rd Floor
Baltimore, Maryland 21202
Main (410) 962-2620
Fax (410) 962-3469 SAC Washington, D.C.
 2675 Prosperity Avenue
Fairfax, Virginia 22031
Main (703) 285 6757
Fax (703) 285-670

End of Document