2. LASD Major Events and New Years Contract
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California sheriffs during a march against the Trump Military Parade and immigration raids by ICE in Downtown Los Angeles, United States, on June 15, 2025 (Photo by Shay Horse/NurPhoto via Getty Images) Why is this a no-bid contract? Other agencies could provide these services. Why LASD? What steps is City of Pasadena taking to ensure LASD - or any other law enforcement agency coming to Pasadena - won't be harassing, intimidating, trampling (or otherwise using excessive force) against residents and guests of Pasadena? Given the events that have transpired in the last year, including the military's "training exercise" in a Pasadena residential neighborhood last week, these are more than reasonable questions.
At the June 2025 No Kings event in Los Angeles, Journalist Nicholas Stern was hit by a less-lethal despite "not posing an imminent threat", needing immediate medical assistance from the less lethal which caused severe blood loss.1 Another journalist hit with a less lethal is now unable to walk without assistive devices.2
What oversight in Pasadena going to have on surveillance or other technology equipment LASD proposes using? The staff report gives incredibly broad powers and used very vague language on what LASD can and can't do, who has historically provided supplemental services, and why LASD. 1 https://www.theguardian.com/us-news/2025/jun/08/la-protests-photographer-hit-by-non-lethal-rounds 2 https://pub-2649f1f40fb8463ea964c1c12a499854.r2.dev/25-4447.pdf 06/08/2026
Item 2
2. LASD Major Events and New Years Contract
For ease of reference, here is the list of LASD's military equipment and use policies:
https://lasd.org/transparency/ab481/
https://lasd.org/wp-content/uploads/2024/04/Transparency_AB481_Ordinance_189301.pdf The people of Pasadena deserve to know.
Yadi
Pasadena City Council Meeting
June 8, 2026
LASD Major Events and New Years Contract
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McMillan, Acquanette (Netta)
From:
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Attachments:
humaira afzal
Monday, June 8, 2026 11:09 AM
PublicComment-AutoResponse
Public comment on Item 2: supplemental law enforcement services contract with LA County (June 8 City Council mtg)
CPOC recommendations.pdf; PPD Bulletin and updated policy 428.pdf ISome people who received this message don't often get email fromirn why this is important [ l ] CAUTION: This email was delivered from the Internet. Do not click links or open attachments unless you know the content is safe. Report phish using the Phish Alert Button. For more information about the Phish Alert Button view article "KB0011474" on the DolT portal.
Dear Council Members,
All contracts for supplemental law enforcement services should explicitly require that officers from other agencies strictly follow Pasadena Police Department policy regarding interactions with immigration enforcement agents and other federal agents. At City Council's request, the Pasadena Police Department has updated its policy regarding interactions with ICE.
On April 2, 2026, Chief Harris announced Implementation of Updated Immigration Policy in a Chiefs Bulletin (attached). As directed by Council, the Community Police Oversight Commission also prepared additional recommendations for PPD's Immigration Enforcement Policy (attached) and will be presenting them on June 11. When bringing in supplemental law enforcement for events, the City should ensure that non-PPD officers are also strictly following the policy and guidelines regarding interactions with ICE or, potentially, other federal agents. This is especially important since many of the events where supplemental services will be needed will be the same type of events (such as international soccer games) where ICE and other federal agents are most likely to be present.
I urge City Council to take appropriate action to make sure that Los Angeles County Sheriffs Deputies or any officers from other local agencies brought in as supplemental law enforcement are instructed on PPD policies regarding interaction with ICE and are required to follow them. There should also be an appropriate mechanism for immediately addressing any violations, along with full transparency. The issue is not addressed in the Staff Report. It may be in the contract, but that was not included in the agenda packet. For the sake of full transparency on a topic that has been an issue of substantial public concern, the requirement for supplemental law enforcement (such as by LA County Sheriff's Deputies) should be explicitly noted in materials presented to Council and readily accessible to the public.
Regards,
Humaira Afzal, PhD
District 7
Sent with Proton Mail secure email.
06/08/2026
Item 2
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MEMORANDUM
TO: Community Police Oversight Commission
FROM: Ad Hoc Committee on Revised PPD Immigration Enforcement Policies RE: Recommendations for PPD's Immigration Enforcement Policy and Related Directive
DATE: June 11, 2026
Background
In recent months, increased federal immigration enforcement activity has generated heightened concern within the Pasadena community, as well as increased attention from City leadership regarding the role of local law enforcement. These developments have underscored the importance of ensuring that Department policies clearly define the scope of permissible actions under state law and are consistently applied in the field.
Calls for clarification have come from both City officials and community members, reflecting a shared interest in ensuring that Pasadena Police Department (PPD) practices are transparent, legally compliant, and clearly understood. In the current environment, where immigration enforcement is both highly visible and highly sensitive, policies that contain broad or undefined terms may be interpreted inconsistently, potentially affecting both operational decision-making and public perception.
At its meeting on April 6, 2026, the City Council unanimously voted (with one absence) to adopt a motion related to mitigating the impacts of federal civil immigration enforcement overreach. As part of that motion, the Community Police Oversight Commission (CPOC) was directed to review the Police Department's revised policies concerning federal immigration enforcement.
Consistent with its role under Section 2.60.110 of the Pasadena Municipal Code, the CPOC is charged with providing input on Department policies. In response to the City Council's direction, the Commission established an Ad Hoc Committee consisting of Vice Chair Selina Ho and Commissioners Raul Ibanez and Ted Smith.
Against this backdrop, there is a need for a policy framework that not only complies with the California Values Act and related statutes but also clearly articulates operational boundaries, minimizes ambiguity, and provides practical guidance to officers and supervisors in the field. This review is intended to assist in clarifying existing policy
provisions and identifying opportunities for greater consistency, transparency, and alignment with state law.
Purpose of This Report
The purpose of this report is to provide the Pasadena Police Department with a constructive, forward-looking review of its current immigration-related directive (Attachment A) and Policy 428 (Attachment B), with the goal of strengthening clarity, consistency, and public understanding.
More broadly, the goat of this effort is to ensure that all members of the public understand the Department's role and limitations in relation to immigration enforcement.
In doing so, the Ad Hoc Committee seeks to assist PPD in developing a policy framework that not only meets the minimum requirements of state law, but reflects a comprehensive, transparent, and community-centered approach.
Areas ofAtrenath and Alignment
The Ad Hoc Committee finds that the Pasadena Police Department's directive on ICE- related responses, together with Policy 428, establishes a generally clear and legally compliant framework governing the Department's role in immigration-related activity.
Overall, the policy reflects the core intent of the California Values Act and aligns with widely recognized practices emphasizing neutrality, public safety, and community trust.
At a high level, the Department's policy:
Prohibits immigration enforcement by local officers, including detaining, investigating, or arresting individuals based solely on immigration status, and reinforces that officers do not enforce federal civil immigration law. •Limits its role during ICE-related activity to ancillary public safety functions, such as traffic control and peacekeeping, ensuring that any assistance mirrors services provided on any other call for service.
Requires supervisory involvement in ICE-related calls, helping ensure that legally sensitive decisions are elevated and reviewed.
Emphasizes neutrality, professionalism, and attention to constitutional rights, including First Amendment protections, while directing officers to focus on safety and avoid interfering with lawful federal activity.
2
Establishes baseline expectations for documentation and transparency, including body-worn camera activation and incident reporting, which support oversight and accountability.
Reinforces that victims and witnesses should feel safe engaging with law enforcement regardless of immigration status, supporting broader public safety goals.
Taken together, these provisions provide a solid legal and operational foundation that appropriately limits the Department's role in immigration enforcement while prioritizing public safety and community trust. The Committee views this framework as strong in principle and well-positioned for targeted clarification and refinement.
Areas for Clarification and Strengthenina
While the current directive and Policy 428 establish a legally compliant and well-structured framework, the Committee finds that several provisions would benefit from additional clarity, specificity, and operational guidance. These refinements are intended to promote consistent field application, strengthen accountability, and align more closely with evolving best practices under California law.
These proposed modifications are intended to build upon the Department's existing framework by:
Reducing ambiguity in legally sensitive areas
Providing clearer guidance to officers and supervisors
Strengthening documentation and accountability mechanisms Supporting consistent application across varied operational contexts Recommendation 1. Clarify the Scope of "ICE Requests Assistance" and Expectations to Intervene in Unlawful Activity
The updated introductory policy language in 428.6 (as redrafted in Chief's Bulletin 01- 26) currently restricts cooperation with federal authorities "to the maximum extent permitted by law," while also allowing limited assistance in connection with public safety and criminal investigations.
Although legally accurate, the Ad hloc Committee finds this phrasing to be broad and open to interpretation, particularly in dynamic field conditions. In addition, the policy does not clearly articulate expectations regarding Department personnel's responsibilities when observing conduct - by any party - that may be unlawful or present public safety concerns.
3
To reduce ambiguity and ensure consistent application, the Committee recommends that the policy introduction more clearly articulate the scope of permissible assistance and consider requirements to intervene.
Proposed Policy Language:
Scope of Permissible Assistance
Department personnel shall not engage in immigration enforcement activities.
The following actions are not required by law and are prohibited:
Detaining or prolonging the detention of an individual based solely on civil immigration authority;
Assisting federal authorities in the identification, investigation, or apprehension of individuals where the sole basis is immigration status; Enforcing or honoring civil immigration detainers, except as expressly authorized by state law;
Participating in operations primarily intended to enforce civil immigration laws.
Department personnel shall provide mutual aid to federal agencies when:
Required by law; or
Necessary to address an immediate threat to officer or public safety.• My such aid shall be limited to the specific safety concern and shall not extend to immigration enforcement activity.
Department personnel shall adhere to all existing Department policies, including Duty to Intervene, as applicable. When personnel observe conduct, including by federal agents, that clearly appears to violate state or local law or presents an immediate risk to public or officer safety, personnel should take reasonable steps, consistent with Department policy, to intervene, de-escalate, or notify a supervisor. Where the legality of the conduct is unclear but raises credible concern, personnel should document the circumstances, seek supervisory guidance, and take appropriate action consistent with their public safety responsibilities and legal authority.
While this language is appropriate for policy, additional scenario-based examples and operational distinctions should be provided through procedures and training.
Recommendation 2. Define and Require an "Independent Criminal Basis" Policy 428 appropriately references cooperation in cases involving national security or transnational criminal activity. However, the policy does not require officers or 4
supervisors to clearly articulate or document the legal basis for such cooperation. To ensure consistency and support oversight, the Ad Hoc Committee asserts that it is important that any assistance provided be grounded in a clearly defined and documented criminal nexus.
Proposed Policy Language:
Independent Criminal Basis Requirement
When providing assistance to federal authorities in connection with criminal investigations, Department personnel shall do so only when there is an independently established criminal basis unrelated to civil immigration status.
Civil immigration violations alone shall not constitute sufficient justification for detention, investigation, or assistance.
Further clarification regarding what constitutes an "independent criminal basis" should be included in procedural guidance and training, where examples can be more fully developed.
Recommendation 3. Clarify Information-Sharing Provisions (Section 428.7) Section 428.7 in the current policy addresses information-sharing. The current language appropriately reflects federal law (8 U.S.C. § 1373) by stating that personnel may not be prohibited from sharing information regarding an individual's citizenship or immigration status. However, the policy does not clearly distinguish between immigration "status" information and other categories of personal or investigative data.
This distinction is critical under California law.
The California Values Act (GOV. Code § 7284.6) imposes broader limitations on the use of local law enforcement resources for immigration enforcement purposes, including restrictions on the disclosure of non-public personal information. Without this clarification, the current policy language may be interpreted more broadly than permitted under state law, particularly in dynamic operational settings where the scope of permissible information sharing may be unclear.
More clearly defining what information may and may not be shared would promote consistent application, reduce the risk of unintended noncompliance, and align Department practices with both federal and state legal requirements.
Proposed Policy Language:
5
Department personnel shall not prohibit or restrict the sharing of information regarding an individual's citizenship or immigration status, consistent with federal law.
However, personnel shall not share other personal or non-public information for immigration enforcement purposes, except as expressly authorized by state or federal law. Prohibited disclosures include, but are not limited to:
• Home or work addresses, unless publicly available;
• Release dates or pending release information, except where authorized by law; • Personal identifying or contact information not otherwise required to be shared by law; • Information derived from Department databases or investigative systems, where disclosure would support civil immigration enforcement.
Department personnel shall not use Department resources to collect, maintain, or share information for the purpose of assisting federal immigration enforcement, except as required by law or expressly authorized under applicable statutes.
Questions regarding the legality of requested information sharing shall be referred to a supervisor. When uncertainty exists, personnel should err on the side of non-disclosure until legal authority is confirmed.
To support implementation, procedural guidance should include simplified decision- making tools, and training should reinforce these distinctions in plain language.
Recommendation 4. Expand Guidance for Public Order Events The Chief's Bulletin 01-26, section 428.6 (3), appropriately recognizes First Amendment rights. However, given the heightened sensitivity of ICE-related events, additional guidance would support neutral, consistent, and effective responses.
Proposed Policy Language [replacement under 428.6(3)(f)]:
f. Officers shall take reasonable actions within their authority to handle the event consistent with Department practices for other protected protest or First Amendment activity, while remaining neutral and maintaining a professional and impartial presence More detailed direction, such as interactions with legal observers, protest dynamics, and de-escalation strategies, should be addressed in procedural manuals and roll-call training, where guidance can be more flexible and responsive to evolving conditions. 6
0 0
Recommendation 5. Strengthen Reporting and Documentation Requirements While the directive requires documentation of ICE-related incidents, it does not specify the information necessary to demonstrate compliance with state law and Department policy. More detailed documentation standards would improve consistency and allow for meaningful internal and external review.
Proposed Policy Language:
Documentation of ICE-Related Incidents
When responding to incidents involving federal immigration activity or requests for mutual aid from immigration authorities, Department personnel shall document the following in a police report:
The nature of the request or activity observed;
The actions taken by Department personnel;
Whether any aid was provided, and if so:
The type of aid provided;
The legal justification for such aid;
My supervisory direction or approval;
My determination that aid was declined due to legal restrictions.
Reports shall be sufficiently detailed to allow for review of compliance with applicable state law and Department policy. On a periodic basis, these reports shall be transmitted to the Independent Police Auditor for review.
Procedural guidance should address how and where this information is recorded, and training should reinforce its importance for accountability.
Recommendation 6. Reinforce Training, Communication, and Community Engagement
Policy 428 establishes general training expectations related to immigration-related activity. The Ad Hoc Committee finds that the primary opportunity here is not to expand policy language, but to reinforce how training and outreach are implemented in practice, particularly in ways that support clear communication, community awareness, and consistent field application.
In addition to formal training, ongoing engagement with community members plays an important role in ensuring that Department practices are understood and applied as intended. Providing clear, consistent information in settings where community members 7
already seek services or feel safe may help reduce confusion regarding the Department's role and limitations in immigration-related matters.
These efforts may include:
•Providing clear, consistent, and broadly accessible messaging about the Department's role and limitations in immigration-related activity, delivered across multiple platforms and, where practicable, in multiple languages.
Engaging with community members through existing service providers, resource centers, and other trusted spaces;
Incorporating community-facing scenarios and questions into training to better prepare personnel for real-world interactions; and
Ensuring that personnel are equipped to respond to community inquiries in a manner that is accurate, consistent, and aligned with Department policy.
More detailed instruction and messaging strategies can be delivered through training programs, roll call briefings, and outreach initiatives, where they can be updated as needed to reflect evolving conditions and community concerns.
Attachment A- Chief's Bulletin regarding Implementation of Updated Immigration Policy Attachment B - PPD's Revised Immigration Violations Policy (Policy 428) 8
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PASADENA POLICE |^
DEPARTMENT'^s^sff^^SW
Chiefs Bulletin01-26
April 2, 2026
TO: All Police Depai-tment Persomiiel
FROM: Gene Han-is, Chief of Police
RE: Implementation of Updated Immigration Policy (ICE Response) Effective immediately, the Department is implementing an updated policy for responding to calls involving Immigration and Customs Enforcement (ICE) or other federal immigration activities.
All personnel must follow the attached revised policy.
Wlien responding to community reports of ICE activity or public gatherings near ICE operations, personnel must remain neutral, prioritize safety, respect the rights of all individuals, and not interfere with lawful federal operations. Persoiinel may take reasonable actions to maintain public safety and order, including limited support such as traffic control or peacekeeping, consistent with services provided at any other call for service.
A supervisor or watch commander shall respond to all ICE-related calls. Personnel shall not engage in immigration enforcement activities, including investigating, detaining, or arresting individuals solely for federal immigration violations. However, personnel may take appropriate enforcement action in response to criminal behavior unrelated to immigration enforcement.
Personnel shall activate body-wom cameras during ICE-related interactions in accordance with current policy, provide medical aid when appropriate, and complete a police report docunienting the incident.
All personnel are expected to review and comply with the attached policy. Questions should be directed through the chain of command.
AAC
428.6 RESPONDING TO CALLS FOR SERVICE INVOLVING IMMIGRATION CUSTOMS
ENFORCEMENT (ICE) OR FEDERAL REQUESTS FOR ASSISTANCE
Requests by Immigration and Customs Enforcement (ICE) or other federal agencies for assistance from the Department should be directed to a supervisor. The supervisor is responsible for determiningwhetherthe requested assistance would be permitted under the California Values Act (Government Code § 7284.2 et seq.). The Department may provide ICE or other federal agencies with the same available ancillary support services, such as traffic control or peacekeeping efforts, as the Department would provide in response to an incident dispatch made at the complaint or request of any member of the public, or for inter-agency assistance. To the maximum extent permitted by law, the Department shall not directly assist ICE in investigating, detaining, or arresting individuals solely for violations of federal immigration law. The Department shall cooperate with ICE to the extent required by law and in efforts to investigate and apprehend individuals in the United States who pose national security concerns related to terrorism or transnational criminal activity, such as human, drug, or weapons trafficking.
When Pasadena Police Department (PPD) employees respond to calls for service involving ICE, employees shall activate their body-worn cameras while on scene and during interactions with ICE agents or personnel in accordance with Pasadena Police Department Policy 450 Portable Audio/Video Recordings.
PPD employees shall immediately request emergency medical services and render first aid when appropriate, consistent with PPD policy and training. (1) ICE Requests Assistance
a. A Supervisor or Watch Commander shall respond
b. Officers shall attempt to identify and contact the ICE supervisor or senior agent on scene
c. Responding officers shall determine the nature of the request for assistance
d. Officers shall not participate in immigration enforcement activities and shall not impede Lawful federal operations
e. Officers may take reasonable actions within their authority to maintain order
f. A police or incident report shall be completed documenting officers' actions. Classification: ICE Miscellaneous Incident or other appropriate crime classification if applicable.
(2) Community Reports ICE Activity (Including Legal Observers) a. Officers may respond only to address appropriate public safety concerns b. A Supervisor or Watch Commander shall respond
c. Responding officers shall determine the nature of the reported activity d. Officers may take reasonable actions within their authority to maintain order
e. Officers shall attempt to identify and contact the ICE supervisor or senior agent on scene
f. Officers shall not assist in immigration enforcement actions and shall not impede lawful federal operations
a. A police or incident report shall be completed documenting officers' actions. Classification: ICE Miscellaneous Incident or other appropriate crime classification if applicable.
(3) Public Order Events adjacent to an ICE action
a. Officers shall respond to address safety concerns and maintain order while recognizing individuals' rights, such as those protected by the First Amendment
b. A Supervisor or Watch Commander shall respond
c. Responding officers shall determine the nature of the public order event d. Officers shall attempt to identify and contact the ICE supervisor or senior agent where federal authorities are present
e. Officers shall not assist in immigration enforcement actions and shall not impede lawful federal operations
f. Officers shall take reasonable actions within their authority to maintain order
g. A police or incident report shall be completed documenting officers' actions. Classification; ICE Miscellaneous Incident or other appropriate crime classification if applicable.
Policy
428
Pasadena Police Department
Policy Manual
Immigration Violations
428.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines to members of the Pasadena Police Department when contacting persons who are or may be residing in the United States while undocumented and to reaffirm equal enforcement of the law and equal service to the public regardless of immigration status.
428.1.1 DEFINITIONS
The following definitions apply to this policy (Government Code § 7284.4):
Criminal immigration violation - Any federal criminal immigration violation that penalizes a person's presence in, entry, or reentry to, or employment in, the United States. This does not include any offense where a judicial warrant already has been issued.
Immigration enforcement - Any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, including any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a person's presence in, entry or reentry to, or employment in the United States.
Judicial warrant-An arrest warrant for a violation of federal criminal immigration law and issued by a federal judge or a federal magistrate judge.
428.2 POLICY
It is the expectation that Pasadena Police Department members will enforce the law equally and will not engage in law enforcement activities based solely on someone's immigration status.
Members of the Pasadena Police Department shall not contact, stop, detain, investigate or arrest persons exclusively on their immigration status, with the narrow exception of investigations involving national security concerns such as terrorism or transnational criminal activity (e.g. human, drug or weapon trafficking). The Pasadena Police Department will continue to enforce all applicable local and state laws; however, people living in, working, or visiting our community will not be subject to scrutiny by the Pasadena Police Department solely based on their immigration status. Confidence in this commitment will increase the effectiveness of this department in protecting and serving the entire community and recognizing the dignity of all persons, regardless of their immigration status or national origin.
428.3 VICTIMS AND WITNESSES
To encourage crime reporting and cooperation in the investigation of criminal activity, all individuals, regardless of their immigration status, must feel secure that contacting or being addressed by members of law enforcement will not automatically lead to immigration inquiry and/ or deportation. While it may be necessary to determine the identity of a victim or witness, members shall treat all individuals equally and without regard to race, ethnicity, or national origin in any way that would violate the United States or California constitutions.
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428.4 CIVIL VS. CRIMINAL FEDERAL OFFENSES
An individual non-US citizen who enters into the United States without the proper visa or immigration documents has committed a federal misdemeanor (8 USC § 1325(a)). Generally, an individual who initially made a legal entry into the United States but remained beyond the time approved in their documents has committed a federal civil offense. The investigation and prosecution of violations of civil and criminal federal immigration law falls within the authority of the federal government.
Despite the fact that an individual's immigration status may reveal itself during an investigation, it is not the Pasadena Police Department's duty to determine the immigration status of crime victims, witnesses, suspects or arrestees. The Pasadena Police Department will not enforce federal civil immigration laws. Unless required by law, or the narrow exception of investigations involving national security concerns such as terrorism or transnational criminal activity (e.g. human, drug or weapon trafficking), the Department shall not investigate, detain, arrest or book any individual solely for federal criminal immigration law even when undocumented status has been revealed. 428.5 ARREST NOTIFICATIONS AND DETENTIONS
Except as may be required by law, it is not the practice of the Pasadena Police Department to notify Immigration and Customs Enforcement ("ICE") when booking arrestees.
No individual who is otherwise ready to be released should continue to be detained solely for the purpose of making notification to immigration authorities except to the extent required by law.
An officer shall not detain any individual, for any length of time, for a civil violation of federal immigration laws or a related civil warrant (Government Code § 7284.6). Refer to Government Code § 7284.6 for a complete list of legal mandates and/or restrictions associated with detentions and notifications.
If the officer has facts that establish probable cause to believe that a person already lawfully detained has violated 8 USC § 1326(a) and the penalty may be subject to enhancement due to prior conviction for specified aggravated felonies, (Government Code § 7282.5(a)), he/she may arrest the individual for that offense (Government Code § 7284.6).
An officer shall not detain any individual, for any length of time, for any other criminal violation of federal immigration laws (Government Code § 7284.6).
An officer should notify a supervisor as soon as practicable whenever an individual is arrested for violation of 8 USC §1326(a).
428.5.1 SUPERVISOR RESPONSIBILITIES
When notified that an officer has arrested an individual for violation of 8 USC § 1326(a) or under the authority of a judicial warrant, the supervisor should determine whether it is appropriate to:
(a) Transfer the person to federal authorities.
(b) Transfer the person to jail.
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Immigration Violations
428.6 FEDERAL REQUESTS FOR ASSISTANCE
Requests by ICE, or other federal agency, for assistance from the Department should be directed to a supervisor. The supervisor is responsible for determining whether the requested assistance would be permitted under the California Values Act (Government Code § 7284.2 et seq.). The Department may provide to ICE or other federal agency the same, available, ancillary support services, such as traffic control or peacekeeping efforts, to protect the general public as the Department would provide based upon an incident dispatch made on complaint or request of any member of the public or inter-agency assist. To the maximum extent permitted by law, the Department shall not directly assist ICE in investigating, detaining or arresting individuals solely for violations of federal immigration law. The Department shall cooperate with ICE to the extent required by law and in efforts to investigate and to apprehend individuals in the United States that present national security concerns involving terrorism or transnational criminal activity such as human, drug or weapon trafficking.
428.7 INFORMATION SHARING
No member of this department will prohibit, or in any way restrict, any other member from doing any of the following regarding the citizenship or immigration status, lawful or unlawful, of any individual (8 USC § 1373; Government Code § 7284.6):
(a) Sending information to, or requesting or receiving such information from federal immigration officials
(b) Maintaining such information in department records
(c) Exchanging such information with any other federal, state, or local government entity Nothing in this policy restricts sharing information that is permissible under the California Values Act.
428.7.1 IMMIGRATION DETAINERS
No individual should be held in the Pasadena City jail based solely on a federal immigration detainer under 8 CFR 287.7 (Government Code § 7284.6).
Notification to a federal authority may be made prior to release of an individual who is the subject of a notification request only if the individual meets one of the following conditions (Government Code § 7282.5; Government Code § 7284.6):
(a) The individual has been arrested and had a judicial probable cause determination for a serious or violent felony identified in Penal Code §667.5(0)0rPenal Code § 1192.7(c). (b) The individual has been arrested and had a judicial probable cause determination for a felony punishable by time in a state penitentiary.
(c) The individual has been convicted of an offense as identified in Government Code § 7282.5(3).
(d) The individual is a current registrant on the California Sex and Arson Registry.
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(e) The individual is identified by the U.S. Department of Homeland Security's Immigration and Customs Enforcement as the subject of an outstanding federal felony arrest warrant.
428.7.2 NOTICE TO INDIVIDUALS
Individuals in custody shall be given a copy of documentation received from ICE regarding a hold, notification or transfer request along with information as to whether the Pasadena Police Department intends to comply with the request (Government Code § 7283.1).
Unless required by law, the Pasadena Police Department will not notify ICE that an undocumented person is being released. If the Pasadena Police Department is required to provide ICE with notification that an undocumented person is being, or will be, released on a certain date, the same notification shall be provided in writing to the individual and to his/her attorney or to one additional person who the individual may designate (Government Code § 7283.1). 428.7.3 ICE INTERVIEWS
Before any inten/iew regarding civil immigration violations takes place between ICE personnel and an individual in custody, the Pasadena Police Department shall provide the individual with a written consent form that explains the purpose of the interview, that the interview is voluntary, and that he/she may decline to be interviewed or may choose to be interviewed only with his/her attorney present. The consent form must be available in the languages specified in Government Code §7283.1.
428.7.4 TRANSFERS TO IMMIGRATION AUTHORITIES
Members shall not transfer an individual to immigration authorities unless one of the following circumstances exist (Government Code § 7282.5; Government Code § 7284.6):
(a) Transfer is authorized by a judicial warrant or judicial probable cause determination. (b) The individual has been convicted of an offense as identified in Government Code § 7282.5(a).
(c) The individual is a current registrant on the California Sex and Arson Registry. (d) The individual is identified bythe U.S. Department of Homeland Security's Immigration and Customs Enforcement as the subject of an outstanding federal felony arrest warrant.
428.7.5 REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE
The Jail Administrator or their designee shall ensure that data regarding the number of transfers of an individual to immigration authorities, as permitted by Government Code § 7284.6(a)(4), and the offense that allowed for the transfer is collected and provided to the Administrator for required reporting to the DOJ (Government Code § 7284.6(c)(2)(see the Records Section Policy). 428.8 U VISA AND T VISA NONIMMIGRANT STATUS
Under certain circumstances, federal law allows temporary immigration benefits, known as a U visa, to victims and witnesses of certain qualifying crimes (8 USC § 1101(a)(15)(U)).
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Similar immigration protection, known as a T visa, is available for certain qualifying victims of human trafficking (8 USC § 1101(a)(15)(T)).
Any request for assistance in applying for U visa or T visa status should be forwarded in a timely manner to the Criminal Investigations Division supervisor assigned to oversee the handling of any related case. The Criminal Investigations Division supervisor should:
(a) Consult with the assigned investigator to determine the current status of any related case and whether further documentation is warranted.
(b) Contact the appropriate prosecutor assigned to the case, if applicable, to ensure the certification or declaration has not already been completed and whether a certification or declaration is warranted.
(c) Address the request and complete the certification or declaration, if appropriate, in a timely manner.
1. The instructions for completing certification and declaration forms can be found on the U.S. Department of hlomeland Security (DHS) website.
2. Form 1-918 Supplement B certification shall be completed if the victim qualifies under Penal Code § 679.10 (multiple serious offenses). The certification shall be completed and not refused for the specified reasons in Penal Code § 679.10(k) (3).
3. Form 1-914 Supplement B declaration shall be completed if the victim qualifies under Penal Code § 236.5 or Penal Code § 679.11 (human trafficking). The declaration shall be completed and not refused for completion for the specified reasons in Penal Code § 679.11 (j)(3).
4. Forward the completed Form 1-918 Supplement B certification or completed Form 1-914 declaration B to the victim, family member, or authorized representative (as defined in Penal Code § 679.10 and Penal Code § 679.11) without requiring the victim to provide government-issued identification (Penal Code §679.10; Penal Code § 679.11)
(d) Ensure that any decision to complete, or not complete, a certification or declaration form is documented in the case file and forwarded to the appropriate prosecutor.
Include a copy of any completed form in the case file.
1. If Form 1-918 Supplement B is not ceriiified, a written explanation of denial shall be provided to the victim or authorized representative. The written denial shall include specific details of any reasonable requests for cooperation and a detailed description of how the victim refused to cooperate (Penal Code § 679.10). (e) Inform the victim liaison of any requests and their status. 428.8.1 TIME FRAMES FOR COMPLETION
Officers and their supervisors who are assigned to investigate a case of human trafficking as defined by Penal Code § 236.1 shall complete the above process and the documents needed for indicating the individual is a victim for the T visa application within 15 business days of the first encounter with the victim, regardless of whether it is requested by the victim (Penal Code §236.5).
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Policy Manual
Immigration Violations
Officers and their supervisors shall complete the above process and the documents needed certifying victim cooperation for a D visa or T visa application pursuant to Penal Code § 679.10 and Penal Code §679.11 within 30 days of a request from the victim, victim's family, or authorized representative related to one of their assigned cases. If the victim is in removal proceedings, the certification shall be processed within seven days of the first business day following the day the request was received.
428.8.2 REPORTING TO LEGISLATURE
The Criminal Investigations Division Lieutentant or the authorized designee should ensure that certification requests are reported to the Legislature in January of each year and include the number of certifications signed and the number denied. The report shall comply with Government Code § 9795 (Penal Code § 679.10; Penal Code § 679.11). 428.9 TRAINING
The Training Coordinator and the Jail Administrator should ensure that all appropriate members receive training on immigration issues.
Training should include:
(a) Identifying civil versus criminal immigration violations. (b) Factors that may be considered in determining whether a criminal immigration offense has been committed.
(c) Prohibitions contained in the California Values Act (Government Code § 7284 et seq.).
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