ATTACHMENT 2

MEMORANDUM

TO:	Roger Stancil, Town Manager
FROM:	Gregg Jarvies, Police Chief
DATE:	January 26, 2007
RE:	CHPD Immigration Policy

In response to Council Member Easthom’s request for information regarding the police department’s policy on immigration, I offer the following:

1. We will not detain a person merely for the purposes of verifying his immigration status nor will we question a person about his immigration status during a routine detention for another matter (i.e. a traffic stop or a minor criminal offense). 
2. If we have an individual in custody for a felony or for an act which resulted in injury to another (i.e. an aggravated assault, domestic violence involving injury or threatening intimidation, a traffic accident fatality) we will inquire and attempt to confirm that person’s residency status and will hold the individual for federal immigration officials if they request same. 

When we arrest someone we are required by federal law to note his country of citizenship on the police report and, if the person is a citizen of a country other than the U. S., we are required by federal law to provide that individual an opportunity to contact that country’s consulate.  However, we do not ask the individual whether they are in the United States legally.

The protocols noted above have been in effect for several years.

After the incident in early December involving the detention of Ms. Sima Fallahi on an outstanding order of deportation, we clarified our policies regarding what actions officers will take should they encounter an individual with an outstanding order of custody in effect by U. S. Immigration and Customs Enforcement (ICE).   (NOTE:  If you recall, we did not initiate a check on Ms. Fallahi’s residency status.  A notice regarding the outstanding deportation order came up when we were conducting a required background check for her solicitation permit application).

If an officer runs a license or warrant check on an individual during the normal course of duty (i.e. during a traffic stop, after breaking up a fight, while serving other warrants) and that check indicates an order of final deportation or an order of detention exists on that individual, the officer will take one of two actions:

• If the warrant from ICE contains the words “felon” or “deported criminal” the officer will contact ICE and, if the warrant is indeed criminal in nature, that individual will be held on the outstanding warrant.   
• If the order stipulates that the warrant is administrative or civil in nature, or if the warrant does not indicate the underlying reason for its issuance, the officer will contact our police attorney and/or the chief of police before calling ICE.  If the warrant is confirmed as civil in nature, we will not detain the individual.

Police Attorney Terrie Gale is in the process of formalizing our immigration enforcement protocols for inclusion in the department’s policy manual.   Within the past month all officers have received training from Ms. Gale on our enforcement protocols.

Finally, North Carolina General Statute 128-1.1 authorizes local law enforcement agencies to enter into agreements with federal agencies for the purposes of enforcing federal statutes and regulations.  Some North Carolina agencies have entered into such agreements for the purposes of being local agents for Immigration and Customs Enforcement.   We have not and will not enter into such agreements.