Diplomatic Immunity, Foreign Nationals, and U-Visas.pdf

BOCA RATON POLICE SERVICES DEPARTMENT Standard Operating Procedure 41.03 DIPLOMATIC IMMUNITY, FOREIGN NATIONALS, AND U-VISAS Revised: April 18, 2018 I. PURPOSE The purpose of this standard operating procedure is to provide guidance regarding law enforcement officers’ (LEOs) response to when an in...

BOCA RATON POLICE SERVICES DEPARTMENT Standard Operating Procedure 41.03 DIPLOMATIC IMMUNITY, FOREIGN NATIONALS, AND U-VISAS Revised: April 18, 2018 I. PURPOSE The purpose of this standard operating procedure is to provide guidance regarding law enforcement officers’ (LEOs) response to when an individual claims to have diplomatic immunity, handling foreign nationals who have been arrested or detained, and requests for U-Visa certifications. II. DEFINITIONS: Diplomatic Immunity: The extension of privileges and exemption from prosecution to certain individuals who work for diplomatic or consular missions. Foreign National: An individual who is a citizen of any country other than the United States. III. PROCEDURE: A. DIPLOMATIC IMMUNITY: 1. VERIFICATION OF DIPLOMATIC STATUS: a. The following forms of identification are considered authoritative proof by the Department of State, Protocol Office: i. Diplomatic (blue border for diplomats) ii. Official (green border for embassy employees) iii. Consular (red border for consular personnel) iv. All authoritative identification cards are 3 ¾” x 2 ½” and contain a photo of the bearer, bearer’s name, title mission, city, state, date of birth, identification number, expiration date and U.S. Department of State seal. A brief statement of the bearer’s immunity is printed on the back of the card. Space is provided for the bearer’s signature. b. The following forms of identification are not conclusive proof of diplomatic immunity: i. Effective: March 21, 2008 Revised: April 18, 2018 Foreign Diplomatic Passports Diplomatic Immunity, Foreign Nationals, and U-Visas SOP No. 41.03 Page 1 of 6 ii. Diplomatic Visas iii. Tax Exemption Cards iv. Automobile registrations, license plates, driver’s license c. LEOs may utilize the Diplomatic and Consular Immunity – Guide for Law Enforcement and Judicial Authorities for assistance in identifying ID cards and determining the level of immunity provided. d. In all cases under “2” and in situations where the officer reasonably believes that invalid identification is being presented, officers shall contact the Department of State at (202) 647-4415 or (202) 647-1512 after hours for verification of the person’s diplomatic status and level of immunity. 2. DUTIES OF THE OFFICER: a. Traffic Citations: i. If a person claims diplomatic or consular immunity, verify the status of the violator. ii. Officers shall follow normal procedures in enforcing state and local traffic laws and make sure to fully document the facts. iii. Officers may not compel individuals who fall under this order to sign traffic citations. iv. Forward a copy of the citation and/or report to the Diplomatic Security Services Protective Liaison Division, at 3507 International Drive, Washington, D.C. 20008. b. Traffic Enforcement DUI’s: i. If a person claims diplomatic or consular immunity, verify the status of the suspect. ii. Notify the U.S. Department of State at (202) 647-4415. iii. LEOs shall follow standard policies and procedures in conducting field sobriety tests and enforcing DUI laws short of arrest. LEOs shall make sure to fully document all facts and observations. iv. The property of a person who qualifies for full criminal immunity cannot be searched or seized. v. Vehicles of persons who qualify for full criminal immunity cannot be impounded but may be towed the distance necessary to remove them from obstructing traffic or endangering public safety. Effective: March 21, 2008 Revised: April 18, 2018 Diplomatic Immunity, Foreign Nationals, and U-Visas SOP No. 41.03 Page 2 of 6 vi. If the person is found to be intoxicated, that person must not be allowed to drive. Other alternatives such as calling for relatives, taxis, friends, or other means should be considered. vii. Forward a copy of the report to the Diplomatic Security Service Protective Liaison Division, at 3507 International Drive, Washington, D.C. 20008. c. Criminal Violations: i. If a person claims diplomatic or consular immunity, verify the status of the suspect. ii. Notify the U.S. Department of State at (202) 647-4415. iii. Property of persons falling under this order may not be searched or seized unless circumstances indicate imminent danger to the safety of citizens and/or the officer or probable cause exists that a serious felony will be committed (armed robbery, kidnapping, sexual battery, etc.). iv. Vehicles of persons who qualify for full criminal immunity cannot be impounded or but may be towed the distance necessary to remove them from obstructing traffic or endangering public safety. v. In the case of vehicles, if a vehicle is suspected of being stolen or used in the commission of a crime, vehicle occupants may be required to present vehicle documentation for verification of the vehicle’s status with the U.S. State Department. a) If probable cause exists to believe a vehicle is stolen or used in the commission of a crime the vehicle may be searched and detained per normal Department policy and procedures. b) License plates seized from these vehicles shall be returned to the Department of State. vi. In cases of crimes against persons (Domestic Battery, Armed Robbery, etc.) LEOs may use what measures are necessary to halt and prevent such crimes, protect citizens, fellow officers, and themselves from imminent danger. LEOs may not arrest or detain the individual and shall release them upon completion of the LEO’s report. vii. Forward a copy of the report to the Diplomatic Security Services Protective Liaison Division, at 3507 International Drive, Washington, D.C. 20008. Effective: March 21, 2008 Revised: April 18, 2018 Diplomatic Immunity, Foreign Nationals, and U-Visas SOP No. 41.03 Page 3 of 6 B. PROCEDURE FOR OTHER FOREIGN NATIONALS: 1. The following steps are to be taken when a foreign national is arrested or detained: a. Determine the foreign national’s country of citizenship. Normally, this is the country from which the passport or other travel document the foreign national was issued. b. Determine whether the foreign national’s country is a mandatory notification country or not a mandatory notification country by contacting the US Department of State. c. If the foreign national’s country is not on the mandatory notification countries list: i. Offer without delay to notify the foreign national’s consular officials of the arrest/detention. ii. If the foreign national asks that consular notification be given, notify the nearest consular officials of the foreign national’s country without delay. d. If the foreign national’s country is on the mandatory notification countries list: i. Notify that country’s nearest consular officials, without delay, of the arrest/detention. ii. Tell the foreign national that you are making this notification. e. If the foreign national cannot speak or read English, call the Florida Department of State at (850) 414-1727. f. The incident report should reflect a written record of the provision of notification and actions taken including whether or not the foreign national of a non-mandatory notification country requested or declined consular notification. C. REQUESTS FOR U-VISA CERTIFICATION: 1. The purpose of the U-Visa is to give victims of certain crimes temporary legal status and work eligibility in the United States for up to 4 years. Family members may also be included on the petition including: a. Spouses b. Children c. Unmarried siblings under 18, Effective: March 21, 2008 Revised: April 18, 2018 Diplomatic Immunity, Foreign Nationals, and U-Visas SOP No. 41.03 Page 4 of 6 d. Parents e. Stepparents and adoptive parents 2. An approved U-visa petition will automatically grant the applicant work eligibility in the United States. The applicant must have suffered substantial physical or mental abuse due to a criminal activity in at least one of the following categories: a. Rape b. Torture c. Trafficking d. Incest e. Domestic violence f. Sexual assault or abusive sexual contact g. Prostitution or sexual exploitation h. Female genital mutilation i. Hostage situations or false imprisonment j. Involuntary servitude, peonage, or slave trade k. Kidnapping, abduction, unlawful criminal restraint l. Blackmail or extortion m. Murder or manslaughter n. Felonious assault o. Witness tampering p. Obstruction of justice q. Perjury or attempt r. Conspiracy s. Solicitation to commit any of the above-mentioned crimes 3. A U-Visa request or petition is submitted by the victim on Form I-918 which must be certified by a Federal, State or local law enforcement agency, or prosecutor in charge of the investigation in which the petitioner is the victim. The certifying individual must be the head of the agency or a person designated to issue U nonimmigrant certifications. Effective: March 21, 2008 Revised: April 18, 2018 Diplomatic Immunity, Foreign Nationals, and U-Visas SOP No. 41.03 Page 5 of 6 4. If at any point the victim stops to cooperate with law enforcement, the certification can be withdrawn. 5. Law Enforcement certification is accomplished using Form I-918 Supplement B. Certification is dependent upon the victim's willingness to work with local law enforcement to provide information or testimony critical to the investigation and/or prosecution of one of the listed crimes. 6. Typically, the officer will be presented with a petition (Form I-918) from the victim or the victim's attorney. If presented with a petition for a U-Visa the officer will: a. Assemble copies of all reports regarding the victim's involvement in one of the enumerated crimes; b. Obtain a criminal history on the victim; c. Complete Form I-918, Supplement B d. Complete a brief memorandum indicating the necessity of the victim's assistance and exactly what assistance is being provided. e. Submit the packet to the chief of police through the chain of command. f. Upon approval from the chief of police, the packet shall be returned to the victim. 7. Once certified, the form along with the attachments will be forwarded to the Records Section for retention in the case file. In the event that an arrest has been made and the victim will be testifying in criminal court, a copy of the package will be transmitted to the Office of the State Attorney. Approved: Daniel C. Alexander Chief of Police Effective: March 21, 2008 Revised: April 18, 2018 Date: Diplomatic Immunity, Foreign Nationals, and U-Visas SOP No. 41.03 Page 6 of 6