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10A Action 2017 0221
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10A Action 2017 0221
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2/16/2017 3:47:08 PM
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2/16/2017 3:46:59 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
2/21/2017
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Reso 2017-023
(Reference)
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\City Clerk\City Council\Resolutions\2017
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<br />ALAMEDA COUNTY <br />SHERIFF'S OFFICE <br />GENERAL ORDER <br /> <br />NUMBER: 1.24 <br /> RELATED ORDERS: <br />ACA 4-ALDF-2A-21 <br />General Order 1.22 <br />D&C 11.02, 11.09, 11.40 <br /> ISSUE DATE: January 1, 2014 <br /> REVISION DATE: January 6, 2017 <br /> <br />CHAPTER: Law Enforcement Role, <br />Responsibilities, and Relationships <br /> <br />SUBJECT: ICE Request for Notifications and <br />Transfers <br /> <br /> <br />I. PURPOSE: The purpose of this order is to provide deputies with guidelines on their duties and <br />responsibilities associated with immigration law, enforcement, arrests, detentions/detainers, and <br />Requests for Notification. <br /> <br />II. POLICY: The Alameda County Sheriff’s Office will equally enforce laws and serve the public without <br />consideration of immigration status. The ACSO does not accept and/or honor immigration detainers <br />from ICE. The immigration status of a person, and the lack of immigration documentation, alone, shall <br />have no bearing on the manner in which staff executes their duties. Please note there is a difference <br />between an arrest warrant signed by a Judge (which ACSO does honor), and an immigration detainer <br />signed by an ICE agent. <br /> <br />Under no circumstances shall a person be detained or arrested by Sheriff’s Office members <br />based solely on his or her immigration status whether known or unknown. <br /> <br />III. DEFINITIONS <br /> <br />A. IMMIGRATION ENFORCEMENT JURISDICTION: The U.S. Department of Homeland <br />Security’s Immigration and Customs Enforcement Agency (ICE) has primary responsibility to <br />investigate and enforce federal immigration laws. Alameda County Sheriff’s Office personnel <br />may assist ICE in the enforcement of federal immigration laws upon its specific request and in <br />those situations where ICE initiated investigations have led to the discovery of criminal <br />violations of California law. Assistance to ICE will also be provided in response to officer safety <br />issues or emergency requests for immediate assistance. <br /> <br />B. Citizen contacts, detentions, and arrests shall be based on reasonable suspicion or probable cause <br />in a manner prescribed by law. A deputy shall not initiate law enforcement action based solely <br />on observations related to a subject’s immigration status. <br /> <br />This General Order does not prohibit investigative inquiries in instances where the immigration <br />status of involved parties to a criminal act needs to be thoroughly investigated. Inquiries will be <br />based on a “need to know” to complete California criminal code violations. These inquiries <br />include, but are not limited to, investigations into human trafficking, smuggling, harboring, and <br />terrorism. <br /> <br />C. Form I-247N (Request for Notification): Request for Voluntary Notification of Release of <br />Suspected Priority Alien. The Form I-247N requests the receiving local law enforcement agency <br />notify ICE of the pending release from custody of a suspected priority removable individual at
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