Kansas City, MO Police Department Procedural Instruction: Contact with Foreign Nationals (P.I. 14-11; 7-29-14)

Flashcards covering key concepts and procedures for contact with foreign nationals as outlined in the Kansas City Police Department Procedural Instruction.

What is a Consular Officer?

A citizen and employee of a foreign country authorized to provide assistance on behalf of that government to its citizens in a foreign country.

What is a Diplomat?

An officer of a foreign government assigned to an embassy in Washington, D.C.; many diplomats are authorized to perform consular functions.

What is Diplomatic Immunity?

Exclusion from federal or local jurisdiction under international law; immunity extends to both criminal and civil process (full immunity).

Who is a Foreign National according to this directive?

Any person who is not a U.S. citizen or a person who owes permanent allegiance to a foreign country, including holders of legal permanent residence (green cards). Stateless individuals may not be subject to consular notification requirements.

What is an Undocumented/Unauthorized Foreign National?

A person not a citizen or national of the United States who has entered the country illegally or violated the conditions of admission.

What do Annex A and Annex B cover?

Annex A covers Undocumented/Unauthorized Foreign Nationals; Annex B covers Consular Notification and Access.

What is the U Visa Law referenced in Annex C?

The U Visa Law is 8 U.S.C. 1101(a)(15)(U); it allows undocumented/unauthorized foreign national victims of crime to obtain lawful immigration status; petitions are made on an individual basis.

What are the four criteria for a petition under the U Visa law?

1) Suffered substantial physical or mental abuse; 2) Possesses information concerning criminal activity; 3) Has been helpful, is being helpful, or is likely to be helpful to law enforcement; 4) The criminal activity violated U.S. law or occurred in the United States or its territories.

What is Annex D about?

Requests for asylum by foreign nationals.

What is the process during business hours for asylum requests?

Notify ICE by telephone; ICE may request transport to the local ICE office; if ICE declines, inform the asylum seeker.

What is the process during non-business hours for asylum requests?

Transport the individual to the officer’s element for protective custody; supervisor/command staff notified; contact ICE night duty officer; hold until ICE arrives; if ICE declines, inform the individual.

What is Annex E about?

Diplomatic License Plates and Immunity; license plates indicate ownership/rank, but do not determine immunity status.

What plate codes indicate different roles in Annex E?

D for diplomatic, C for consular, S for administrative/technical staff, and A for UN/OAS official vehicles or staff with diplomatic status.

Are citations for individuals with diplomatic immunity treated as arrests?

No; issuance of a citation is not an arrest or detention, but normal bonding does not apply to those with immunity; driving-related infractions must be reported to the Department of State.

Are diplomatic documents and records inviolable?

Yes; diplomatic and official documents, records, and archives of those entitled to immunity are inviolable and shall not be searched.

What should you do if someone claims immunity?

Detain the person until proper identity is confirmed if there is no satisfactory ID, or if there is reason to believe ID is invalid or if the situation would normally warrant arrest; then verify status with appropriate authorities.

What must be done with firearms, large amounts of currency, or narcotics found with a foreign national?

Notify and forward all related reports to ICE, Homeland Security Division, the Gang Squad, and the investigative unit handling the offense.

What is Annex F?

Telephone listing – Government Agencies (contacts for ICE, DOS, DS, and other relevant offices).

How should consular notification be handled for non-mandatory notifications?

Inform the foreign national that their consulate may be notified if they desire; if they decline, note this in the booking record; notify without delay if they request notification.

What information must be recorded about consular notification in the booking record?

Date and time of notification, name of the consular officer notified, any instructions given, and the reason if notification was not made; mark 'Y' in Spc Handle.

Where can you find the list of mandatory notification countries?

In Annex N (the Mandatory Notification Countries list) and via the U.S. State Department’s official resources; the DOS site provides updated numbers and contacts.

What is the purpose of the Bilateral Consular Agreements section in consular notification?

Describes how certain countries require different disclosures; Algeria requires informing the consular officer of the reasons for detention, while Bulgaria/China/Czech Republic/Mongolia/Poland/Slovakia require reasons only if asked.

What is the role of the U.S. Department of State regarding verification of diplomatic identity?

If there is doubt about authenticity of a DOS identification card, contact DOS Office of Protocol during business hours or the Diplomatic Security Command Center after hours to verify status.

What is the main purpose of Annex C (U Visa Law) regarding enforcement cooperation?

To facilitate identification and certification of eligible victims so they can obtain U visa status, improving cooperation with federal, state, or local authorities.