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19-03 - Immigration and Customs Enforcement Agents, Detainers, and Station Jails


19-04 - Temporary Vehicle License Plates
19-02 - Non-Binary Gender Classification for State Documents

IMMIGRATION AND CUSTOMS ENFORCEMENT AGENTS,

 DETAINERS, AND STATION JAILS

The purpose of this newsletter is to inform field personnel of Custody Division Directive 19-001 regarding interaction with Immigration and Custom Enforcement (ICE) agents, detainers, and access to the Department’s station jails and its inmates.

The California Values Act (California Government Code §7282 et seq. or “SB54”) prohibits law enforcement officials from detaining an inmate for a United States Immigration and Customs Enforcement (ICE) hold after the inmate becomes eligible for release from custody, unless, at the time the inmate becomes eligible for release from custody, certain conditions are met.

An ICE Detainer (Department of Homeland Security [DHS] I-247A form – “Immigration Detainer – Request for Voluntary Action”) shall only be honored if the inmate’s current or past criminal history meets the qualifying criteria specified in California Government Code §7282.5.

The Inmate Reception Center – Release Compliance Desk will inform the station if ICE plans on taking custody of the inmate and arrange transportation with ICE.  No phone call or contact with ICE is required.

When a qualified inmate becomes eligible for release from custody, as defined by Government Code §7282(b), the inmate can immediately be made available to transportation officers retained by ICE.  Transportation officers retained by ICE must take custody and transport the inmate within the standard time of release, without additional delay.

Recently issued Custody Division Directive 19-001, Immigration and Customs Enforcement (ICE) – Access to Custody Facilities, states:

“ICE agents shall not be permitted into any custody facility, station jail, or court lock-up to conduct civil immigration enforcement.  Civil immigration enforcement includes interviews regarding civil immigration violations and taking custody of inmates on the basis of a civil immigration detainer.  ICE agents may be permitted access to inmates regarding criminal enforcement, including interviews, pursuant to Custody Division Manual (CDM) section 5-10/055.00, “Inmate Interview Procedures for Law Enforcement.”

The above information is only a fragment of the directive and field personnel working the station jail or having contact with ICE are advised to refer to the directive in its entirety for proper procedures and additional information.

If you have any questions regarding the content of this newsletter, please call or email Field Operations Support Services, at [REDACTED TEXT]