Bexar County Sheriff's Office Policy Manual - Enforcement of Immigration Related Laws PDF 2024

BEXAR COUNTY SHERIFF’S OFFICE POLICY MANUAL Original Date Effective Date Chapter Number March 19, 2024 March 19, 2024 Fifty-Five Subject Office Enforcement of Immig...

BEXAR COUNTY SHERIFF’S OFFICE POLICY MANUAL Original Date Effective Date Chapter Number March 19, 2024 March 19, 2024 Fifty-Five Subject Office Enforcement of Immigration Related Laws Sheriff’s Administration/Patrol/CID References Enclosures CCP Art. 12, and Art. 14 None Distribution Supersedes Reevaluation Date Pages All Sheriff’s Employees New Policy March 19, 2025 8 Approved by: Javier Salazar, Bexar County Sheriff 55.01 POLICY It is the policy of the Bexar County Sheriff’s Office (BCSO) that international and state law requirements are adhered to in regard to foreign nationals, diplomats, and consular interactions. Deputies shall not use race, national origin, citizenship, or ethnicity for a law enforcement-initiated action, except to determine whether a person matches a specific description of a particular suspect. Furthermore, international law requires that law enforcement authorities of the United States extend certain privileges and immunities to members of foreign diplomatic missions and consular posts. Most of these privileges and immunities are not absolute and law enforcement officers retain their fundamental responsibility to protect and police the orderly conduct of persons in the United States. State laws related to immigration matters are fraught with liability. Therefore, careful consideration must be given to ensure no errors occur in the process and practice involved; otherwise, civil rights violations may arise. 55.02 PURPOSE This policy provides deputies with guidelines to help ensure that international and state law requirements are adhered to in regard to foreign nationals, additionally and consular interactions are highlighted, so that foreign governments can extend appropriate consular services to their citizens in the United States and to ensure the BCSO complies with all legal obligations under the Vienna Convention on Consular Relations. 55.03 LAW ENFORCEMENT A. Each deputy has a responsibility for preventing racial/bias profiling based on national origin, immigration status, ethnicity or race. Deputies shall refrain from participating in or encouraging any actions or statements which could be reasonably perceived as racial/bias profiling based on national origin, immigration status, ethnicity or race. Deputies shall report any acts of racial/bias profiling in writing to their immediate supervisor. 1. Deputies making custodial/non-custodial arrests shall base the arrests on probable cause supporting the elements of the offense and not on national origin, immigration status, ethnicity or race. 1  a. Misdemeanor arrests require the violation to be done in the presence or view of the arresting deputy, in accordance with the Code of Criminal Procedure Article 14.01. b. The statute of limitation for misdemeanor offenses is two (2) years from the date of the offense, in accordance with the Code of Criminal Procedure Article 12.02. 2. Deputies conducting a custodial arrest of a foreign national shall immediately contact their supervisor and obtain approval prior to making the custodial arrest. The field supervisor shall immediately notify the assigned TAG Follow-Up unit investigator prior to the custodial arrest. 3. The assigned TAG Follow-Up unit investigator shall confer with and obtain approval of a custodial arrest from the Transnational Team Supervisor on all custodial arrests where the arrestee is a foreign national. 4. After receiving approval from their field supervisor, the assigned TAG Follow-Up unit investigator and the Transnational Team Supervisor, deputies making custodial/non-custodial arrests shall complete SB 4 Probable Cause Form, BCSO Form #350-479, in its entirety. Deputies shall attach the completed BCSO Form #350-479, to his/her Offense/Incident Report. 5. In cases filed at-large, where the suspect is a foreign national, the assigned TAG Follow-Up unit investigator shall obtain approval from the Transnational Team Supervisor prior to filing a criminal case with the Bexar County District Attorney’s Office. 6. Deputies conducting a lawful detention, including stop and frisks, shall base the lawful detention on reasonable suspicion at the time of the stop and not on national origin, immigration status, ethnicity or race. 7. Arrested persons will have their identities verified at the Bexar County Justice Intake Assessment Annex (JIAA/South Tower), decisions regarding deportation of individuals are not/will not be made by BCSO deputies. 8. The BCSO, in conjunction with other entities, will assist crime victims and witnesses in obtaining U-Visas. The U-Visa is an immigration benefit that can be sought by victims of certain crimes who are currently assisting or have previously assisted law enforcement in the investigation or prosecution of a crime, or who are likely to be helpful in the investigation or prosecution of criminal activity. The assigned deputy or investigator assisting crime victims and witnesses in obtaining U-Visas, will document the details in their report. B. Deputies will verify identification and perform a background check on people to whom they are issuing a citation, legally detaining, arresting, or processing for magistration. 1. Deputies may perform a Terry stop of a person who cannot provide valid identification or sufficient information for a deputy to confirm the person’s identity. 2. Valid identification includes, but is not limited to the following: a. State Issued Driver’s License or ID Card; 2  b. United States Passport or Passport Card; c. United States Diplomatic License; d. Foreign Passport; e. Foreign Driver’s License; f. Foreign Military ID Card; g. Diplomatic, Consulate, or Embassy ID Card; h. Matricular Consular ID Card; i. BCSO Inmate Identification Cards; j. San Antonio Public Library Enhanced Library Cards. 3. If a question arises over the validity of any form of identification, deputies will contact their supervisor for further guidance, and include all details in their report. 4. Verification procedures: a. Deputies will verify the identification and perform a background check on people to whom they are issuing a citation, legally detaining, arresting, or processing for magistration via the NCIC/TCIC system using the acceptable forms of identification listed in section 55.03 B, 2; b. Deputies may perform a Terry stop of a person who cannot provide valid identification or sufficient information for a deputy to confirm the person’s identity. The deputy shall then transport the person to the Bexar County Justice Intake and Assessment Annex (JIAA). Upon arrival the JIAA intake identification deputy will fingerprint the person and ensure the fingerprints are readable and verifiable using the NEC SmartScan system. 5. Once identity has been confirmed, deputies will decide whether to release a person who is being detained who is either a witness or the recipient of a citation, or based on probable cause, arrest the person. C. Deputies shall not detain and/or arrest an individual solely based on the mere suspicion that they are in the United States illegally. Deputies making custodial/non-custodial arrests shall base the arrests on probable cause supporting the elements of the offense and not on national origin, immigration status, ethnicity or race. 1. The enforcement priorities of the BCSO are to protect public safety and foster community trust. The priorities do not include asking individuals for proof of citizenship or legal residency. 2. Deputies shall not inquire into the immigration status of a victim of or witness to an alleged criminal offense unless the deputy determines that the inquiry is necessary to: 3  a. investigate the offense; or b. to provide the victim or witness with information about federal visas designed to protect individuals providing assistance to law enforcement. 3. The BCSO, in conjunction with other entities, will assist crime victims and witnesses in obtaining U-Visas. The U-Visa is an immigration benefit that can be sought by victims of certain crimes who are currently assisting or have previously assisted law enforcement in the investigation or prosecution of a crime, or who are likely to be helpful in the investigation or prosecution of criminal activity. 4. Deputies having reasonable suspicion that a person or persons may be a victim or suspect in human trafficking and/or human smuggling will immediately notify a supervisor and the appropriate investigative unit, who handle the matter, and include all details in their report. D. Deputies will not refer persons to Immigration and Customs Enforcement (ICE) unless the person has a federal deportation warrant and/or has committed a felony offense. National origin, immigration status, ethnicity or race are not a basis for an arrest and deputies will not base any arrest solely on those conditions. 55.04 CONSULATE NOTIFICATION OF ARRESTED OR DETAINED FOREIGN NATIONALS A. The United States is obligated under the Vienna Convention on Consular Relations, international treaties, and customary international law, to notify consular officials when foreign nationals are arrested or otherwise detained in the United States. The U.S. Department of State does not consider it necessary to follow consular notification procedures when a foreign national is detained only momentarily, e.g., during a traffic stop. B. After a deputy arrests/detains a foreign national, the deputy will determine the foreign national’s country of origin. Normally, this information is found on the passport or other travel documentation that the foreign national is carrying. C. Deputies will inform the foreign national of his/her right to request that their consulate be notified under the following circumstances. 1. After the foreign national is arrested; and 2. Before a detention that may last more than four (4) hours. D. If the foreign national does not understand English, the deputies will provide the foreign national with a Consular Notification Form, BCSO Form #350-477, in his/her native language and have them circle whether they want their Consular Official notified. The foreign national should also sign and date the form. 1. If a foreign national, who is under arrest or who may be detained more than four (4) hours, asks that such notification be made to his/her consulate, the arresting deputy will do so without delay by ensuring notification to the nearest consulate or embassy. Consular notification is accomplished by immediately faxing the Consular Notification Form, BCSO Form #350-477, to 4  the nearest consulate or embassy of the foreign national’s country. The fax numbers to the nearest consulates and foreign embassies are listed in Part Six: “Foreign Embassies and Consulates in the United States” of the Consular Notification and Access Handbook. This handbook can be found in the report writing room of the magistrates’ office or at the U.S. Department of State’s website: http://travel.state.gov/content/travel/en/consularnotification/ConsularNotificationandAccess.h tml. 2. If a foreign national, who is under arrest or who may be detained more than four hours, is from a country with which the United States has a mandatory notice, treaty or convention, the arresting deputy will, without delay, make notification to the nearest consulate or embassy, regardless of whether the foreign national requests such notification. This information on countries that require mandatory notification can be found in the Part One: “Basic Instruction” of the Consular Notification and Access Handbook, which is found in the magistrates’ office or at the U.S. Department of State’s website: http://travel.state.gov/pdf/cna/CNAManual.3dEdition.pdf. E. When booking a foreign national, deputies will: 1. Make a notation on the booking slip indicating if the foreign national’s consulate was notified; and 2. Immediately fax the Consular Notification Form, BCSO Form #350-477, from the report writing room of the JIAA or magistrates’ office. F. Prior to detaining a foreign national, either as a suspect or a witness, for more than four (4) hours, deputies will fax the Consular Notification Form, BCSO Form #350-477, to the nearest consulate or embassy of the foreign national’s country. Deputies may obtain the fax number either from the Public Safety Communications Center (PSCC) dispatcher or from the magistrates’ report writing room. G. After faxing the completed Consular Notification Form, BCSO Form #350-477, to the nearest consulate or embassy, deputies shall attach the following to his/her Offense/Incident Report: 1. The completed Consular Notification Form, BCSO Form #350-477; 2. The completed Booking Slip; and 3. The fax confirmation. H. The PSCC and the report writing room at the JIAA will maintain a current list of fax numbers of foreign embassies and consulates. The Research and Planning Unit will be responsible for updating these lists on a yearly basis. The updated list may be found at the following website: http://travel.state.gov/content/travel/en/consularnotification/ConsularNotificationandAccess.html I. Deputies shall detail in their reports the following information: 1. The date and time the foreign national was informed of the option of consular notification; 5  2. Whether or not the foreign national requested that consular notification be made; and/or; 3. If consular notification is mandatory or requested, the date and time that the consulate was notified. J. If a foreign national is from a country that requires mandatory notification, consular officials have the right to visit arrested or detained nationals from their country. K. If a foreign national is not from a country that requires mandatory notification, consular officials have the right to visit arrested or detained nationals from their country, unless the foreign national objects to the visit. 55.05 DIPLOMATIC/CONSULAR IMMUNITY A. Foreign diplomats and consular officials have varying degrees of immunity from arrest. Foreign diplomats and consular officials should carry an identification card issued by the U.S. Department of State or the U.S. Mission to the United Nations. The Diplomatic and Consular Immunity Guide for Law Enforcement and Judicial Authorities can be accessed on the State Department Website: http://www.state.gov/documents/organization/150546.pdf. 1. A diplomatic passport does not automatically grant its holder diplomatic immunity. 2. Consular ID does not automatically grant its holder diplomatic immunity. B. When a deputy is investigating an incident in which a suspect claims diplomatic or consular immunity, the deputy shall verify the status of the suspect and immediately notify his/her supervisor. C. Supervisors having been informed of a suspect claiming diplomatic or consular immunity will make the scene of the incident and will document the details of the incident in a supervisory report. D. The status of a suspect claiming diplomatic or consular immunity is verified by calling either the U.S. Department of State or the U.S. Mission to the United Nations depending on which entity issued the identification card. 1. If the U.S. Department of State issued the identification card, the deputy shall verify the status by having the Public Safety Communications Center (PSCC) dispatcher call the Protocol Office at (202) 647-1985 (daytime), after hours contact the State Department Operations Center at (202) 647-1512, that is staffed 24-hours a day. 2. If the identification card was issued by the U.S. Mission to the United Nations, the deputy shall verify the status by having the PSCC dispatcher call (214) 415-4444, that is also staffed twenty- four (24) hours a day. 3. Should you encounter any problems or need further assistance, you may call the Diplomatic Security Command Center at (571) 345-3146 or toll free 1-866-217-2089. 6 E. After the official status has been verified and if the suspect has full immunity and inviolability, he/she may only be handcuffed when he/she poses an immediate threat to anyone’s safety, or it is apparent that a serious crime may be otherwise committed. 1. The detained person may be issued a traffic citation, but he/she cannot be arrested for refusing to sign it. 2. Persons having full immunity and inviolability must be released after all pertinent information is obtained. 3. Persons who have full immunity and inviolability may not be arrested. F. After the official status has been verified and if the suspect has less than full immunity and inviolability, the suspect may be arrested and will be handled in accordance with departmental procedures. 1. Officials from the U.S. Department of State or officials from the U.S. Mission to the United Nations will assist the deputy in making this determination. 2. Follow-up units/Night CID will also assist the deputy in making this determination. G. After the incident has been resolved, the handling deputy will: 1. Fax a copy of their report and/or traffic citation to the U.S. Department of State in Washington, D.C., (202) 895-3613, or to the U.S. Mission to the United Nations in New York, (212) 415-4162, depending on which entity issued the person’s identification card; and 2. Route a copy of his/her report, through his/her chain of command, to the Office of the Sheriff. H. Supervisors having been informed of a suspect claiming diplomatic or consular immunity will: 1. Make the scene of the incident; 2. Prepare and distribute all offense/incident reports to the Bureau Commander and Public Information Officer (PIO); and 3. Ensure a copy of the deputy’s report and/or traffic citation is faxed to the U.S. Department of State or the U.S. Mission to the United Nations. 55.06 RESPONDING TO CONSULATE A. The only official consulate within Bexar County is the Consulate of Mexico located at 127 Navarro St, 78205. B. An official consulate is not so much foreign soil as it is like private property and as such, peace officers must be invited in. C. All other consulates within Bexar County are honorary, which bestows no special considerations. 7 55.07 TRAINING All deputies are to receive training regarding enforcement of immigration related laws, diplomatic immunity, and consular notification and access requirements in accordance with international treaties for foreign nationals. 8