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File #: FPC19081    Version: 0
Type: Fire and Police Resolution Status: Passed
File created: 3/28/2019 In control: FIRE AND POLICE COMMISSION
On agenda: 5/23/2019 Final action: 12/18/2019
Effective date:    
Title: Resolution to amend Standard Operating Procedure 130-Foreign Nationals-Diplomatic Immunity-Immigration Enforcement
Sponsors: THE CHAIR
Attachments: 1. Letter from Darryl Morin - League of United Latin American Citizens, 2. Proposed Changes to SOP 130- Legal Opinion Part 1, 3. FPC Ltr 10-31-19, 4. Opinion re Proposed Changes to SOP 130.10 - Arrested or Detained Foreign Nationals- Part 2, 5. SOP - 130 - FOREIGN NATIONALS - DIPLOMATIC IMMUNITY - IMMIGRATION ENFORCEMENT, 6. Official Sign On Letter Voces de la Frontera, 7. VDLF--Compromise Revisions, 8. Standard Operating Procedure 130-Foreign Nationals-Diplomatic Immunity-Immigration Enforcement, 9. SOP 130- MPD Draft, 10. Chief Morales Recommendations, 11. Voces Original mpd sop 130 Recommendations, 12. REDACTED CLEAN - 130 - FOREIGN NATIONALS - DIPLOMATIC IMMUNITY - IMMIGRATION ENFORCEMENT
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
12/18/20190 FIRE AND POLICE COMMISSION ADOPTED

Minutes note: On December 18, 2019, the Board of Fire and Police Commissioners adopted Chief Morales’s proposed modifications to SOP 130 (Reviewed/Approved by Director Regina Howard on December 17, 2019) in FPC 19081, as amended, with the following revisions to SOP 130.25(E)2 and 130.30(E): SOP 130.25(E)2 is amended to read: 2. OMAP shall make a recommendation for approval or denial of the certification to the inspector of the Administration Bureau as soon as possible, but not more than 90 days from the date of receipt of request. OMAP shall meet with the inspector to explain the delay of any request that is not addressed within 90 days of receipt and the requestor will be notified of the reason for the delay. If the requestor is >>STRICKEN (under an order of) STRICKEN<< in deportation proceedings, the department will attempt to resolve the request within 30 days. SOP 130.30(E) is amended to read: E. Police members shall not detain or arrest an individual solely for a suspected violation of immigration law. For purposes of SOP 130, an administrative warrant refers to administrative removal warrants used by ICE officers to arrest persons who have committed civil immigration violations. An administrative warrant is not a criminal warrant signed by a judge, and it shall not be used by any department members as the basis to detain or arrest a person. Department members may cooperate with ICE to detain or arrest a person, provide notification of any individual’s release, or provide personal information including home or work addresses only when a judicial warrant is presented and one of the following applies: 1. The individual is engaged in or is suspected of terrorism or espionage; 2. The individual is reasonably suspected of participating in a transnational criminal street gang; 3. The individual is arrested for any violent felony; 4. The individual is arrested for a sexual offense involving a minor as a victim; 5. The individual is a previously deported felon; 6. Any other serious felony which demonstrates the subject is a safety threat to the population at large. Public Comment: 1. Christine Neumann-Ortiz from Voces de la Frontera 2. Anana de la Cruz 3. Marisabel Cabrera
   Action details Meeting details Not available
12/12/20190 FPC POLICIES AND STANDARDS COMMITTEE  

Minutes note:  The Policies and Standards Committee will recommend to the full board at the next Fire and Police Commission meeting the following changes: E. Police members shall not detain or arrest an individual solely for a suspected violation of immigration law. For purposes of SOP 130, an administrative warrant refers to administrative removal warrants used by ICE officers to arrest persons who have committed civil immigration violations. An administrative warrant is not a criminal warrant signed by a judge, and it shall not be used by any department members as the basis to detain or arrest a person. Stricken >>>>>>Department members may cooperate with an ICE administrative warrant only if one of the circumstances listed in this subsection applies. MPD will notify and cooperate with lawful requests of ICE only if one of the following circumstances is present: <<<<<<<<<
   Not available Meeting details Not available
10/31/20190 FPC POLICIES AND STANDARDS COMMITTEE HELD TO CALL OF THE CHAIR

Minutes note: The meeting will take place on December 12th.
   Action details Meeting details Not available
10/17/20190 FIRE AND POLICE COMMISSION REFERRED TO   Action details Meeting details Not available
5/23/20190 FPC POLICIES AND STANDARDS COMMITTEE HELD IN COMMISSION

Minutes note: Refer to next Policies and Standards Committee meeting on July 31, 2019 at 5:30 p.m.
   Action details Meeting details Not available
3/1/20190 FIRE AND POLICE COMMISSION REFERRED TO   Action details Meeting details Not available

Number

FPC19081

Version

ORIGINAL

Reference

 

Sponsor

 

Title

Resolution to amend Standard Operating Procedure 130-Foreign Nationals-Diplomatic Immunity-Immigration Enforcement

Requestor

 

Drafter

Elizabeth Moore

10/29/19