|
Policy Statement
Enforcing federal immigration law is not a mission of the Framingham
Police. Accordingly, it is not appropriate for a member of the
Department to inquire about, or investigate a non-citizen's immigration or
travel status if the sole purpose is to determine an individuals's immigration
status or whether the person is in the country lawfully, or to facilitate
a person's detention or deportation by the U.S. Immigration & Customs
Enforcement (ICE).
A member of the Department may investigate a person's immigration or travel
status if the inquiry or investigation is part of, and reasonably likely to
facilitate, the investigation of state criminal law, state motor vehicle law,
federal criminal law (excluding federal immigration law), or conduct that is
independent of immigration status that poses a threat to public safety or
order.
A person may file a police report, participate in police-community activities,
or otherwise benefit from the police services without regard to his/her
immigration status.
- Seizure:
To take possession of under compulsion of legal authority;
to confiscate.
- Documents:
An article/credential that is, or purports to be issued by a
government entity, that is relied upon to record or prove something.
Examples include a driver's license from any state or country,
ICE issued identity/status cards, documents issued by the
Massachusetts RMV, or other official governmental motor vehicle
organizations, and passports issued by the U.S. or any other
sovereign nation.
- Policy Description
The enforcement of the nation's immigration laws is a primary
responsibility of the federal government. Accordingly, the Framingham
Police Department shall not undertake immigration-related
investigations and shall not routinely inquire into the
immigration status of persons encountered during police operations
with the exceptions listed below in Section A.
This prohibition does not preclude the department from
cooperating with federal immigration officials when requested, or
from notifying those officials in serious situations where a potential
threat to the public is perceived, or
from obtaining the nationality of a detainee
in order to comply with the U.S. State Department requirement for
Consular Notification and Access (see policy #400-6).
- Section A: Exceptions
Pursuant to the Memorandum Of Understanding (MOU) between this
Department and the Department of Homeland Security/U.S.
Immigration and Customs Enforcement (ICE) and under the
authority of Title 8 of the U.S. Code, section 287(g) of the
immigration and Nationality Act, officers assigned by the
Chief of Police, who successfully complete the training
program offered by ICE on Section 287(g) enforcement shall
have limited authority to perform certain immigration
functions related to the investigation of violent crimes,
to include but not limited to: homicide, narcotic sales,
firearms violations, gang activities and organized document
fraud. Officers assigned to this initiative are prohibited
from engaging in administrative immigration enforcement
or utilizing their authority training or ICE computer access
to investigate non-violent crimes. Authority granted to
Section 287(g) authorized officers shall be limited to
these MOU limitations and / or whatever limitations the Chief
of Police deems appropriate.
- Procedure
- Officers shall not question any person about his/her
immigration status unless that person is reasonably believed
to be involved in one or more of the activities identified
below in subsection A.
- A
- is arrested for any violent felony
- has been convicted of any felony, regardless of
whether that felony involved violence.
- is arrested for terrorism related offence,
or is otherwise reasonably suspected of
involvement in terrorism and/or subversive
activities.
- is arrested for any offence involving the
entry or fraudulent assimilation of
undocumented foreigners into the country,
or is reasonable suspected of participating
in an organiuzed venture to bring or
fraudulently assimilate undocumented
foreigners into the country.
- is a previously deported felon under arrest
- is reasonably suspected of participating in
criminal street gang activity.
- B
- An individual who is suspected of being an
undocumented alien shall not be the basis
for contact, detention, or arrest.`
- Document Seizure
A motor vehicle operator/passenger's documents may be seized
if they are cointraband, the fruits or instrumentalities of a
crime, or the mere possession of the document is illegal.
Examples may include, when the operator provides the officer
with a forged or altered license regardless of the state or
country of origin, he/she may be charged with
Chapter 90, Section 24B or Chapter 267, Section 1.
- Passport Seizure
Passports may only be seized if they are contraband,
the fruits or instrumentalities of a crime, evidence of a
violation of state criminal law, federal criminal law, or
illegally possessed. Passports seized for these purposes
should be processed like any evidence. Once the case is
abjudicated, the passport should be forwarded to the
originally intended owner, or Department of State, Lost or
Stolen Passport Section, 1111 19th Street NW, Room 500,
Washington D.C. 20522-1705.
- An international driver's license/permit is simply a
translation of an operator's foreign driver's license into
English. This document is not required to operate a motor
vehicle in Massachusetts. The international license/permit
is not a substitute for a person's actual driver's license
issued by their country of origin. A visiting foreign
national who is licensed in another country is required to
carry only his/her valid foreign driver's license while
operating a motor vehicle. Not all foreign licensed
operators are authorized to drive in Massachusetts.
- Officers shall not ask any witness or victim their
immigration status (unless they become the focus of the
investigation or are under arrest).
- Officers are not precluded from inquiring country of birth
during the booking process in order to properly enter
information into LETS or for Consulate Notofication.
- Procedures for someone taken into custody
- All arrestees brought to the Framingham Police Station
shall be fingerprinted according to policy. AFIS will
receive the fingerprints through our fingerprint scanning
system and will notify our department (approximately
20 minutes later) if the arrestee is
"subject to removal proceedings".
- Dispatch personnel will enter the person's information into
the ICE/INS query screen. ICE will then transmit a
confirmation number that the information was received.
- An INS representative will call us to inform us of the
person's status and will fax us a "detainer".
Note: Framingham police officers specially trained in
287(g) can also prepare a detainer (for felony crimes only
in accordance with the Memorandum of Understanding as
outlined in Section 1-A).
- The officer/dispatcher speaking with the INS duty agent
must ask if the arrestee will be transported from the
police staton or from the courthouse.
- A person subject to removal proceedings is still entitled
to have a Bail Commissioner review his/her situation.
The booking officer will notify the Bail Commissioner and
advise him/her that the person under arrest is subject
to an immigration detainer. (Note: this only applies
if the person was arrested for another offence in
addition to the detainer).
- The booking officer will also advise the prisoner of
their rights regarding
Consulate Notification and Access (see
Policy on Consulate Notification).
- The prisoner will be advised of the detainer and shall
be so noted on the booking form.
- A copy of he detainer will be attached with the booking sheet.
- The prisoner will be transported by our department to the
courthouse for the next available session and delivered
to the court officials.
- INS will arrange transportation from he courthouse.
|
hjw2001@gmail.com
