arapahoe county - procedures for determining immigration status of foreign born arrestees

7/29/2019 Arapahoe County - Procedures for Determining Immigration Status of Foreign Born Arrestees

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Arapahoe County Sheriff's Office - 2008

Arapahoe County Sheriffs Office

Procedures for Determining

Immigration Status of Foreign

Born ArresteesSgt. Steve Clark Detent ions Line Supervis or

Betty Sciba Book ing Clerk


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Identification of Foreign Born

Arrestees

Suspected individual is identified by PatrolDeputies / Officers during initial stop / contact /arrest.

Transfer from other agency / facility.

Review of booking reports and criminal histories(NCIC/CCIC National / Colorado CrimeInformation Centers).

AFIS (Automated Fingerprint Identification

System) response. Prior arrest / contact internal records search.

Self admission.


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IAQ (Immigration Alien Query)There are several factors that determine whether an IAQ is requested.

If an arrestee states that they were born anywhere outside theUnited States or its Territories.

On the criminal history run through NCIC/CCIC at the time of book-in, there is an indication that the individual has a history of beingborn in a foreign country or if there is a conflict in the place of birth(i.e. USA and Australia).

If the arrestee has no positive identification an AFIS check iscompleted to confirm identification.

While completing an inventory of their personal property, indication /identification is discovered creating suspicion of foreign born status.(i.e. Resident Alien Card, Foreign Drivers License, etc.)

Staff member recognizes the individual as having been previouslyarrested under another identity confirmed with in-house records

search / booking photo comparison. Arrestee initially identifies themselves by name and then signs

another name or admits to providing false information about theiridentity.


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IAQ (Immigration Alien Query)Additional circumstances to consider

The arrestee is an adult, has no positiveidentification and the reported name / DOB /SSN does not produce any type of verifiablehistory (Prompting an AFIS check and possible

IAQ). The arrestees accent / dialect is not typically

found in the United States.

The arrestee appears nervous or hesitates whenasked to provide demographic informationrelating to their citizenship status / place of birth.


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IAQ (Immigration Alien Query)If an IAQ is sent:

The IAQis sent via CCIC through NLETS(National LawEnforcement Telecommunications System) to LESC(Law Enforcement Support Center) in Vermont.

If there is no response, the IAQis resubmitted.

If there is no response a second time, an ASIForm(Alien Status Inquiry) is completed and faxed to the localICE Office(Immigration & Customs Enforcement).

If the arrestee is bonding, the internalArapahoe CountySheriffs Office directive is to wait forIAQ response upto 12 hours for Misdemeanor charges and 24 hours forFelony charges before releasing the individual on bond.Numerous attempts are made in order to establishcitizenship within the 12 24 hour time period.
http://www.inmatecountyjail.com/cat/arapahoe-county/http://www.inmatecountyjail.com/cat/arapahoe-county/


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ASI (Alien Status Inquiry)

ASI Formis provided by ICE.

The form is completed and faxed with any IAQresponseto the local ICEOffice.

ICEwill generally contact ACSO by telephone and

request to speak with the arrestee. ICEwill then speak with ACSO staff and relay a verbal

Detainer / No Detainer and then fax a written verificationof the verbal directive.

If there is no response to an ASIrequest within 2-3hours, the local ICEOffice is generally contacted bytelephone to ascertain the status of the request.


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ACSO Imm igrat ion Flow -Chart

Foreign Born /

SuspectedForeign Born

(SB-90) person is

arrested and

taken to jail.

IAQ sent

Unable to Match

Border Crossing Card

Illegal

Legal but Felony Conviction

Subject to Deportation

Other Responses / No Response

NO IAQ Response

Received

If Response

Received or No

Response to 2nd IAQ

Request

Legally

Residing

in U.S.

No Detainer

/

No further

action

Fax ASI to

local ICE with

copy of IAQ

Response (If

available)No

Detainer /

No further

action

Detainer Placed

Inmate held for 48 hoursupon completion of

sentence- ICE informed via

FAX that subject is ready for

transportInmate

released

to ICE


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Identified Problems / Concerns

What to do if ICE neither confirms /declines a detainer?

Increased time to process / monitor the

status of IAQs / ASIs. Delay of releases / bonds.

Cost of arrestees being detained for ICE(medical, food, housing).

Agency specific issues (i.e. Changes in Policy & Procedure,Changes in computer software, development of reports to monitor issue, stafftraining).

arapahoe county - procedures for determining immigration status of foreign born arrestees

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