ATTACHMENT 2
MEMORANDUM
TO: |
Roger Stancil, Town Manager |
FROM: |
Gregg Jarvies, Police Chief |
DATE: |
January 26, 2007 |
RE: |
CHPD Immigration Policy |
In response to a Council Member’s request for information regarding the police department’s policy on immigration, I offer the following:
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:
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.