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February 12, 2005
Denver's Illegal Alien Sanctuary Policy
DENVER (Colorado) POLICE DEPARTMENT OPERATIONS MANUAL,
100 – 90
(3) Undocumented immigrants (includes illegal and
“undocumented aliens” as referred to in the Federal
Immigration and Naturalization act)
- The responsibility for
enforcement of immigration laws rests with the
Immigration and Naturalization Service (I.N.S.).
Denver Police officers shall not initiate police
actions with the primary objective of discovering the
immigration status of a person.
- Generally, officers will not
detain, arrest, or take enforcement action against a
person solely because he/she is suspected of being an
undocumented immigrant. If enforcement action is
deemed necessary under these circumstances, the
approval of an on duty supervisor or commander is
required. In addition, as soon as is practical the
commander of the involved officer shall be notified.
- However, when a suspect
believed to be an undocumented immigrant is arrested
for other charges, a "Refer to Immigration" charge
will be added to the original charges. Sheriff's
Department Personnel will then notify the I.N.S.
authorities according to their procedures.
- The charge "Hold For
Immigration" will be lodged against a prisoner only
when a warrant has been issued by the U.S. Department
of Justice, or an agency thereof, and then only when
the warrant is on an immigration matter.
- Physical evidence pertaining
to immigration violations shall be placed in the
Property Bureau as evidence when there is no arrest
made. A letter detailing the circumstances of the
recovery of the property and the property invoice
number shall be sent to the commander of the Crimes
Against Persons Bureau for disposition.
- All questions pertaining to
the handling of immigration related cases shall be
directed to the officer’s supervisor and/or commanding
officer. In addition, the commander of the Civil
Liability Bureau is available for guidance regarding
enforcement and non-enforcement immigration matters.
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