Chicago Police DepartmentSpecial Order S06-14-03
Responding to Incidents Involving Citizenship Status
Issue Date:25 March 2020Effective Date:25 March 2020
Rescinds:30 September 2019 Version
Index Category:Processing Persons
I.Purpose
This directive:
  • A.continues the procedures for responding to incidents involving citizenship status delineated in the Welcoming City Ordinance, Title 2-173 of the Municipal Code of Chicago (MCC).
  • B.introduces reporting requirements pursuant to the Welcoming City Ordinance (MCC 2-173-069).
  • C.introduces the Immigration Detainer/Administrative Warrant Log (CPD-31.110).
II.General Information
Pursuant to federal law, the enforcement of immigration law generally rests with the U.S. Immigration and Customs Enforcement Enforcement and Removal Operations (ICE ERO) and not with the state and local police.
III.Definitions
For the purpose of this directive, the following definitions apply:
  • A."Administrative warrant" means an immigration warrant of arrest, order to detain or release aliens, notice of custody determination, notice to appear, removal order, warrant of removal, or any other document that can form the basis for an individual's arrest or detention for a civil immigration enforcement purpose, non-limiting examples of which include Form I-200 “Warrant for the Arrest of Alien,” Form I-205 “Warrant of Removal/Deportation,” any predecessor or successor form, and all wants, hits, or requests contained in the “Immigration Violator File” of the FBI’s National Crime Information Center database. This definition does not include a criminal warrant issued upon a judicial determination of probable cause, and in compliance with the requirements of the Fourth Amendment to the U.S. Constitution and Article I, Section 6, of the Illinois Constitution.
  • B."Immigration detainer" means an official request issued by ICE, or other federal agency charged with the enforcement of civil immigration laws, to another federal, state, or local law enforcement agency to detain an individual based on a violation of a civil immigration law, non-limiting examples of which include detainers issued pursuant to Sections 1226 or 1357 of Title 8 of the United States Code or Sections 287.7 or 236.1 of Title 8 of the Code of Federal Regulations, Form I-247A “Immigration Detainer – Notice of Action” and any predecessor or successor form.
  • C.The United States Department of Homeland Security (DHS) protects the United States against threats. Its wide-ranging duties include aviation security, border control, emergency response and cybersecurity. Agencies within DHS include the U.S. Immigration and Customs Enforcement Agency (ICE) and U.S. Customs and Border Patrol (CBP). Homeland Security Investigations (HSI) and Enforcement and Removal Operations (ERO) are components of ICE.
  • D."Immigration agent" means any person tasked with the enforcement of civil immigration law employed by ICE ERO, HSI, CBP, or any successor agencies.
  • E."Immigration agency" means an agency tasked with enforcement of federal civil immigration laws including ICE ERO, HSI, CBP, or any successor agencies.
IV.Policy
  • A.Department members will provide police service to all persons in the City of Chicago, regardless of their citizenship status.
  • B.Department members will not assist immigration agencies with a civil immigration enforcement operation, including by being present to support or assist such an operation, establishing a traffic perimeter, or providing other on-site support.
    EXCEPTION:
    This does not preclude Department members from responding and taking police action should a contemporaneous public safety concern arise or in response to alleged violations of the Illinois Compiled Statutes or Municipal Code of Chicago.
  • C.The Department will not enter into an agreement under Section 1357(g) of Title 8 of the United States Code or any other provision of federal law that permits state or local governmental entities to enforce federal civil immigration law.
  • D.The Department will not enter into or renew any agreement providing direct access to any electronic database or other data-sharing platform maintained by any agency, or otherwise provide direct access to such database, to any federal agency, if the agency or agent determines that the purpose of such access is for the enforcement of civil immigration law.
  • E.Except for a reasonable time as is necessary to conduct an investigation specified in Item IV-G of this directive, Department members will not:
    • 1.arrest, detain, or continue to detain a person solely because that person has committed a civil immigration violation.
    • 2.arrest, detain, or continue to detain a person based on an administrative warrant entered into the Federal Bureau of Investigation's National Crime Information Center (NCIC) database, successor database, or similar database maintained by the United States, when the warrant is based solely on a violation of an civil immigration law.
    • 3.detain, or continue to detain, a person based upon an immigration detainer, when such immigration detainer is based solely on a violation of a civil immigration law.
  • F.Unless acting pursuant to a legitimate police purpose beyond the enforcement of a civil immigration law, Department members will not:
    • 1.permit immigration agents access to a person being detained by, or in custody of, the Department or a Department member.
    • 2.permit immigration agents to use Department facilities for investigative interviews or other investigative purpose.
    • 3.while on duty, expend time responding to an immigration agency's inquiry regarding a person's custody status or release date.
  • G.The prohibitions outlined in Items IV-E and IV-F of this directive will not apply when the investigation indicates the person:
    • 1.has an outstanding criminal warrant.
    • 2.has been convicted of a felony in any court of competent jurisdiction.
    • 3.is a defendant in a criminal case in any court of competent jurisdiction where a judgment has not been entered and a felony charge is pending.
    • 4.has been identified as a known gang member either in a law enforcement agency database or by their own admission.
  • H.Department members are authorized to communicate with immigration agencies in order to determine whether any matter involves enforcement based solely on a violation of a civil immigration law.
V.Procedures
  • A.A supervisor will respond to each potential request to assist the enforcement of civil immigration law.
  • B.If a supervisor determines that there is a bona fide request to assist in the enforcement of civil immigration law, the supervisor will notify the Office of Emergency Management and Communications (OEMC) of the request for assistance with civil immigration enforcement.
  • C.Absent a contemporaneous public safety concern or alleged violation of the Illinois Compiled Statutes or Municipal Code of Chicago, the supervisor will decline the request.
  • D.Absent the presence of an exception listed in Item IV–G of this directive, if an investigation reveals an individual is the subject of:
    • 1.an administrative warrant or immigration detainer that is based solely on a violation of an administrative immigration law and:
      • a.is not in custody, Department members will NOT take the subject into custody for the administrative warrant.
      • b.is in custody for an unrelated charge, Department members will:
        • (1)NOT enforce the administrative warrant.
        • (2)indicate the presence and non-enforcement of the administrative warrant in the narrative of the Arrest Report.
    • 2.a criminal warrant, Department members will take the individual into custody and process him or her in accordance with the procedures outlined in the Department directives titled "Non-Traffic Arrest Warrant Procedures" and "Processing Persons Under Department Control."
  • E.If an individual is the subject of an administrative warrant and an exception listed in Item IV-G of this directive exists, Department members will take the individual into custody and process him or her in accordance with the Department directives titled "Non-Traffic Arrest Warrant Procedures" and "Processing Persons Under Department Control" indicating the enforcement of the administrative warrant in the appropriate field of the arrest report.
  • F.If a Department member reasonably believes that a person in custody is a foreign national, the member will notify the station supervisor regarding compliance with the Department directive titled "Procedures for the Arrest and Detention of Foreign Nationals."
  • G.Per MCC 2-173-043(2), Department members are authorized to communicate with an immigration enforcement agency to determine whether any matter involves enforcement based upon a violation of a civil immigration law.
VI.Reporting Requirements
  • A.Members of the Administrative Support Division who receive an immigration detainer and/or administrative warrant will note the receipt on the Immigration Detainer/Administrative Warrant Log (CPD-31.110). The Director, Administrative Support Division, will ensure that this Log is forwarded to the Deputy Chief, Strategic Initiatives Division, on a quarterly basis.
  • B.Any other Department member receiving an immigration detainer or administrative warrant from an immigration agency will submit an Information Report via the Automated Information Report System.
  • C.All Information Reports submitted pursuant to this directive will be consistent with Department directive titled "Information Report System" with the category of "Receipt of Immigration Detainer/Administrative Warrant." The Information Report will include:
    • 1.the date that the immigration detainer or administrative warrant was received;
    • 2.whether the subject of an administrative warrant or immigration detainer was transferred to a federal agency's custody and, if so, which agency; and
    • 3.the file number and subject's information including name, date of birth, and sex.
  • D.A Department member receiving a request from an immigration agency via OEMC will follow the procedures outlined in Item V of this directive.
  • E.The Strategic Initiatives Division will issue a quarterly report consistent with the reporting requirement of the Welcoming City Ordinance (MCC 2-173-069).
(Items indicated by italics/double underline were added or revised.)
Authenticated by: KC
Charlie Beck
Interim Superintendent of Police
20-005 JJR