NEW BRIGHTON, MN- A copy of a New Brighton, Minnesota, police department policy regarding interaction with federal immigration officials was recently leaked to Law Enforcement Today. While we have seen some more problematic policies, this one nonetheless presents a few issues.
Policy 412 of the New Brighton Police Department is, as its purpose and scope, “to provide guidelines to members of the New Brighton Department of Public Safety relating to immigration and interacting with federal immigration officials.”
The policy addresses the typical platitudes of “recognizing the dignity of all persons, regardless of their national origin or immigration status.” It also recognizes that “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.”
The policy specifically prohibits officers from detaining any individual, “for any length of time, for a civil violation of federal immigration laws or a related civil warrant.”
Where the policy becomes convoluted and subject to misinterpretation is when, in the next paragraph, the policy reads:
“An officer who has a reasonable suspicion that an individual already lawfully contacted or detained has committed a criminal violation of federal immigration law may detain the person for a reasonable period of time in order to contact federal immigration officials to verify whether an immigration violation is a federal civil violation or a criminal violation.”
This appears to say that an officer cannot detain someone based on a “civil” violation of federal immigration law, but can do so if the suspect has committed a “criminal violation of federal immigration law.” It is easy to see how an officer could become confused and inadvertently violate the spirit of the policy under the first example. Without further investigation, including the suspect's detention, how is an officer supposed to determine whether it is a civil or criminal violation?
The policy allows officers to detain a person if they have a “reasonable suspicion” that they have committed a criminal violation of federal immigration law, giving them a “reasonable period of time in order to contact federal immigration officials to verify whether an immigration violation is a federal civil violation or a criminal violation.” If the latter is the case, “the officer may continue to detain the person for a ‘reasonable’ period of time if requested by federal immigration officials…”
The question becomes, who determines what is “reasonable?” The officer’s perception of “reasonable” and bureaucrats in government or radical judges may have a completely different perception. This, in our view, sets the officers up for second-guessing and possible disciplinary or criminal action.
A portion of the policy that is actually sensible allows that, “If the officer has facts that establish probable cause to believe that a person already lawfully detained has committed a criminal immigration offense, he/she may continue the detention and may request a federal immigration official to respond to the location to take custody of the detained person (8 USC § 1357(g)(10)).”
The policy provides several caveats where officers should not detain individuals “solely on the basis of a misdemeanor offense when time limitations, availability of personnel, issues of officer safety, communication capabilities, or the potential to obstruct a separate investigation outweigh the need for the detention.”
The policy further requires supervisory notification, who will make the ultimate decision on whether to transfer the suspect to federal authorities, or lawfully arrest the person for a criminal offense or pursuant to a judicial warrant.
Officers are, however, told not to contact immigration officials when booking arrestees at a county jail facility, deflecting that responsibility to “jail operation procedures.”
Any request for assistance from federal immigration officials must be directed to a supervisor. The police department “may provide available support services, such as traffic control or peacekeeping efforts.”
One step above Minneapolis.
Officers are prohibited from restricting department members from any of the following regarding citizenship or immigration status, lawful or unlawful:
- Sending information to, or requesting or receiving such information from, federal immigration officials
- Maintaining such information in department records
- Exchanging such information with any other federal, state, or local government entity
New Brighton police officers are prohibited from holding anyone based solely on federal immigration detainers unless that individual has been charged with a federal crime or the detainer is accompanied by a warrant, probable cause affidavit, or removal order. It also provides for notification to the federal authority issuing the detainer prior to release.
The bottom line is that while the above policy is not perfect, it does provide some leeway for officers.
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