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File Number: 17-045 <br />re-established by executive order from President Trump. <br />On September 28, 2016, the Governor also signed into law AB 2792, otherwise known as the <br />TRUTH Act, which states that if ICE notifies a California jail that they plan to deport someone, <br />they have to also serve a copy to the person in jail. This gives the person the “right to know” <br />when ICE wants to deport them so they can seek counsel. <br /> <br />In December 2016, Senate Pro Tem Kevin de Leon introduced SB 54, which would prohibit <br />local law enforcement officials from performing the functions of a federal immigration officer. If <br />enacted into law, it would create “safe zones” throughout the state by prohibiting immigration <br />enforcement on public schools, hospitals, and courthouse premises. To ensure eligible <br />immigrants are not deterred from seeking services and engaging with state agencies, the bill <br />would also require state agencies to review and update confidentiality policies. A fact sheet <br />on this proposed legislation is attached. <br />Current Law Enforcement Practices of the Alameda County Sherriff’s Office <br />The Alameda County Sherriff’s Office has adopted General Order #1.24, which provides <br />deputies with guidelines on their duties and responsibilities associated with immigration law, <br />enforcement, arrests, detentions/detainers, and Requests for Notification. The policy requires <br />the Sheriff’s Office to equally enforce laws and serve the public without consideration of <br />immigration status, and states that the Sheriff’s Office does not accept and/or honor <br />immigration detainers from ICE. The immigration status of a person, and the lack of <br />immigration documentation, alone, has no bearing on the manner in which the Sheriff’s Office <br />staff execute their duties. It is noted that there is a difference between an arrest warrant <br />signed by a Judge (which the Alameda County Sheriff’s Office does honor), and an <br />immigration detainer signed by an ICE agent. Finally, the Sheriff’s Office policy provides that <br />under no circumstances will a person be detained or arrested by Sheriff’s Office personnel <br />based solely on his or her immigration status, whether known or unknown. A copy of General <br />Order #1.24 is attached. <br />Current City of San Leandro Police Department Practices <br />The San Leandro Police Department equally enforces the law and serves the public without <br />consideration of immigration status. The lack of immigration documentation, alone, has no <br />bearing on the manner in which police officers execute their duties. The Department also has <br />practices in place that prohibit police officers from detaining any individual, for any length of <br />time, for a civil violation of federal immigration laws or a related civil warrant. Department <br />practices require that individuals who are otherwise ready to be released are not detained <br />solely for notification to immigration authorities. Consistent with adopted protocols and <br />relevant laws and statutes, contacts with members of the public, detentions, and arrests must <br />be based on reasonable suspicion or probable cause, and police officers do not initiate law <br />enforcement action based solely on observations related to a subject’s actual or perceived <br />immigration status. Nevertheless, any individual who is arrested for committing a crime will <br />continue to be charged and/or referred to the District Attorney’s Office for prosecution <br />irrespective of their immigration status. <br />Police Department command staff may coordinate with ICE personnel upon specific request. <br />Page 7 City of San Leandro Printed on 2/16/2017