Chicago Police DepartmentSpecial Order S06-14-03
Responding to Incidents Involving Citizenship Status
Issue Date:31 December 2015Effective Date:01 January 2016
Rescinds:23 October 2012 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 City of Chicago Municipal Code.
  • B.updates certain terms relative to the Investigatory Stop System.
II.General Information
Pursuant to federal law, the enforcement of immigration law generally rests with the Immigration and Customs Enforcement (ICE) 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 issued by ICE, or a successor or similar federal agency charged with enforcement of civil immigration laws, used as a non-criminal, civil warrant for immigration purposes.
  • B."ICE" means the United States Immigration and Customs Enforcement Agency and shall include any successor agency charged with the enforcement of civil immigration laws.
  • C."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.
IV.Policy
  • A.Department members will provide police service to all persons in the City of Chicago, regardless of their citizenship status.
  • B.Except for a reasonable time as is necessary to conduct an investigation specified in Item IV-D of this directive, Department members will not:
    • 1.arrest, detain, or continue to detain a person solely on the belief that the person is not present legally in the United States or that the 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 (administrative) 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.
  • C.Unless acting pursuant to a legitimate law enforcement purpose that is unrelated to the enforcement of a civil immigration law, no department member shall:
    • 1.permit ICE agents access to a person being detained by, or in custody of, the Department or a Department member.
    • 2.permit ICE agents to use Department facilities for investigative interviews or other investigative purpose.
    • 3.while on duty, expend time responding to ICE inquiries or communicating with ICE regarding a person's custody status or release date.
  • D.The prohibitions outlined in Items IV-B and IV-C 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.
  • E.Department members are authorized to communicate with ICE in order to determine whether any matter involves enforcement based solely on a violation of a civil immigration law.
V.Procedures
  • A.Absent the presence of an exception listed in Item IV-D of this directive, if an investigation reveals an individual is the subject of a(n):
    • 1.administrative warrant that is based solely on a violation of an (administrative) civil immigration law and:
      • a.is not in custody, Department members will:
        • (1)NOT take the subject into custody for the administrative warrant.
        • (2)document the circumstances of the investigation on a Investigatory Stop Report in accordance with the procedures outlined in the Department directive entitled "Investigatory Stop System."
      • 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.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 entitled "Non-Traffic Arrest Warrant Procedures" and "Processing Persons Under Department Control."
    NOTE:
    Department members may consult with ICE when it cannot be immediately determined if the warrant violation is a criminal or (administrative) civil matter. However, once the determination is made, Department members will process the warrant based on the procedures outlined above.
  • B.If an investigation reveals that an individual is the subject of an administrative warrant and an exception listed in Item IV-D of this directive exists, Department members will take the individual into custody and process him or her in accordance with the procedures outlined in the Department directives entitled "Non-Traffic Arrest Warrant Procedures" and "Processing Persons Under Department Control."
  • C.Department members may seek information on immigration status during the course of an investigation into violations of the Illinois Compiled Statutes or the Municipal Code of the City of Chicago, only when the individual is in custody and:
    • 1.declares undocumented foreign national status; or
    • 2.does not have an entry visa but is in possession of documentation (passport, foreign drivers license, etc.) that indicates that the individual may be a foreign national; or
    • 3.is identified by a reliable source as being an undocumented foreign national.
  • D.Once the 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, "Procedures for the Arrest and Detention of Foreign Nationals."
Authenticated by: KC
John J. Escalante
Interim Superintendent of Police
15-185 CAW