ATTACHMENT 3

From: TERRIE GALE
Sent: Tuesday, March 13, 2007 6:13 PM
To: All Police
Cc: Ralph Karpinos
Subject: Hits from ICE

Per the Chief -

If you get a hit from ICE (US Bureau of Immigration and Customs Enforcement) when you run a name through NCIC, DMV, or another database, handle it as follows.

First, let your supervisor know.

Second, read the computer screen sent back to you in response to the hit.  You will have received one of two possible responses.  Several lines down from the top of the response, you will see either the words "OUTSTANDING ADMINISTRATIVE WARRANT OF REMOVAL"  or you will see "PREVIOUSLY DEPORTED FELON."

Third, if you see "PREVIOUSLY DEPORTED FELON," call the phone number listed in the response to confirm the hit, and handle the hit as normal.

Fourth, if you see "OUTSTANDING ADMINISTRATIVE WARRANT OF REMOVAL," DO NOT CALL the phone number and do not confirm the hit.  Call either Terrie Gale or the Chief.  In addition, if you have a state or local criminal charge against the person, or if there is an outstanding criminal arrest warrant for the person, you can proceed with that.

I am hearing questions and comments about our approach to hits for "Administrative Removal."  Some officers have argued that we are not doing our duty which we have sworn to do.

The reason for our policy is that, even though the feds have started putting these names into the NCIC database, they are NOT CRIMINAL.  They are strictly civil matters that will be brought before civil hearings.  We do not have authority to take persons into custody for civil matters.  We have authority to take some actions related to civil matters, but we do not have the authority to arrest people for noncriminal matters. 

Chapel Hill is not alone in this.  This inclusion of civil-wanted persons in NCIC is causing problems for law enforcement all over the country.  Both the  Major Cities Chiefs (MCC) organization and the International Association of Chiefs of Police (IACP) have asked the federal government to cease putting the names of civil-wanted persons into NCIC.  The MCC stated: "The inclusion of civil detainers on the (NCIC) system has created confusion for local police agencies and subjected them to possible liability for exceeding their authority by arresting a person upon the basis of a mere civil detainer."    The IACP stated that by putting the names of these persons into the NCIC system, "state and local law enforcement officers will be placed in the position of being asked to detain and arrest these individuals without possessing the proper authority to do so."