Immigration Policy / I.C.E.


Children hold up an "Abolish ICE" sign, referring to Immigration and Customs Enforcement at a Puente Arizona rally in downtown Phoenix. Leaders at the rally denounced the treatment and separation of immigrant families. (Photo by Nick Serpa/Cronkite News)

The Phoenix Police Department’s Mutual Aid procedures are currently being addressed in local news outlets in the valley.  Procedures regarding undocumented persons could have serious potential consequences for any law enforcement agency and the criminal justice system.  It has been a long standing philosophy of the Phoenix Police Department to treat everyone in our community in a just manner.  We do not enforce immigration laws other than when it relates directly to violent crime including human smuggling and drug trafficking.  As our involvement with these types of issues increases, employees are reminded to adhere to the procedures enumerated in Operations Order 1.4.3, Mutual Aid and Jurisdiction.

Officers will not stop persons for the sole purpose of determining immigration status.
Officers will not arrest a person when the only violation is an infraction of federal immigration law.
Officers will not contact ICE/Border Patrol for the sole purpose of interpreting.
Officers will not notify ICE/Border Patrol of undocumented persons under the following conditions:
?     When the contacted person is a victim and/or witness of a crime
?     When contacted during a family disturbance
?     The enforcement of minor traffic offenses
?     When the person(s) is/are seeking medical treatment

If an undocumented person is arrested, the decision to notify ICE will be based on the following criteria:
?     If the offense is a minor traffic violation, ICE will not be notified.  (Felony DUI offenders will be turned over to ICE when feasible.)
?     If the offense is a misdemeanor and the person meets the cite-and-release criteria, an ATTC may be issued.
?     ICE will not be notified by the Phoenix Police Department if the person is released.
?     If the person will be released from police custody (not booked) pending further investigation, ICE will not be notified.

The Violent Crime Bureau (VCB) Desk Sergeant will be the department liaison with ICE, and may make contact with them in reference to Drop Houses, Load Vehicles, Drug Houses, and other crimes.  (The remainder of the policy can be found in Operations Order manuals and/or online at phoenixpolice.com.)

Employees are encouraged to review the entire order.  Questions reference the policy should be directed through an employee’s chain of command.  The Community and Patrol Services Bureau is also a valuable resource and can be reached at 602-262-7331 during normal business hours.  After hours, the radio supervisor may contact the on-call Community and Patrol Services Bureau representative.

I support the men and women of our organization and trust that each of you will continue to conduct yourselves professionally, reflecting the positive image this agency has come to represent both within the city and throughout the country.

Information published by the Public Affairs Bureau, April 22, 2004

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