G.O. 5.28 - Detention And Arrest Of Undocumented-Illegal Aliens

Purpose

  • Establishes clear departmental guidelines governing detention and arrest of undocumented persons / illegal immigrants (General Order 5.28, issued 11/12/201911/12/2019).
  • Seeks to balance:
    • Safety and well-being of all persons within Norwich PD jurisdiction, regardless of immigration status.
    • Compliance with federal law, international treaties, and cooperation with other law-enforcement agencies.
  • Clarifies that Immigration & Customs Enforcement (ICE) – not Norwich PD – has primary jurisdiction over immigration status (Title 8 U.S.C.).

Policy Overview

  • Department recognizes, respects, and values community diversity.
  • Norwich PD will:
    • Conform to federal laws/treaties when detaining foreign nationals.
    • Refrain from determining alienage; ICE is the competent authority.
    • Ensure arrest decisions are never based on immigration status, race, gender, religion, sexual orientation, age, occupation, or any arbitrary factor.
  • General Order is strictly for internal guidance; it does not establish a higher legal duty in civil/criminal litigation. Violations lead to departmental discipline; legal violations may produce civil or criminal liability.

Key Definitions

  • Alien: Any person who is not a U.S. citizen or national.
  • Civil Immigration Detainer: Detainer request issued under 8 CFR 287.78\,CFR\,287.7.
  • Convicted of a Felony: Final judgment of guilt (plea or verdict) per Connecticut General Statutes §53a-2553a\text{-}25, regardless of pending appeal/habeas.
  • Federal Immigration Authority: Anyone paid by or acting for U.S. ICE or U.S. Department of Homeland Security to enforce civil provisions of the Immigration & Nationality Act.
  • ICE: Immigration and Customs Enforcement (formerly INS).
  • Law-Enforcement Officer: Employees/agents of DOC, municipal PDs, Connecticut State Police, Judicial Marshals, State Marshals.
  • National: Citizen of a particular country (entitled to that country’s passport).
  • Undocumented Person / Illegal Immigrant: Person who entered the U.S. illegally, overstayed a visa, or otherwise lacks authorization to remain.

Procedures

1. Determination of Immigration Status
  • Norwich PD never determines status; any such determination is exclusively ICE’s jurisdiction.
2. Suspected Undocumented Persons Under Arrest
  • Arresting Officer must:
    • Notify supervisor of suspicions and the factual basis.
    • Document suspicion in a Case Incident Report (CIR).
    • Forward CIR copy to Intelligence Division.
  • Detention Supervisor must:
    • Review all Facility Admission Forms (FAFs) / arrest paperwork.
    • Ensure NCIC and in-house checks are completed.
    • Send FLLQ request to the Law-Enforcement Support Center; forward response to Intelligence.
    • Contact ICE 2424-hour service line.
3. Suspected Undocumented Persons NOT Under Arrest
  • Focus remains on criminal behavior (public safety).
  • Any stop/detention must satisfy Terry v. Ohio reasonable-suspicion standard and comply with Miranda & departmental documentation rules.
4. Victims or Witnesses Who May Be Undocumented
  • Officers generally do not question victims/witnesses about immigration status.
  • No report to ICE unless the individual is also a criminal suspect; even then, supervisor authorization is required before contacting ICE.
5. Assisting ICE / Other Federal Agencies
  • Upon specific request tied to suspected or actual criminal activity, Norwich PD will provide support services (e.g., scene security, traffic control) during federal operations.
6. Requests from ICE to Detain (Civil Immigration Detainer)
  • Department will not hold a person solely on a civil detainer unless one or more of the following apply:
    1. Individual has been convicted of a felony.
    2. Subject to pending criminal charges in Connecticut and bond has not been posted.
    3. Has an outstanding Connecticut arrest warrant.
    4. Listed as a known gang member in NCIC (or equivalent) OR designated Security Risk Group (SRG / SRGST) by DOC.
    5. Flagged as a potential match in the Terrorist Screening Database (or similar).
    6. Under a final order of deportation/removal by a federal authority.
    7. Presents an unacceptable risk to public safety as determined by Norwich PD.
7. Documentation Requirements (CIR Entries)

When a detainer is received, officer must record:

  1. Name of requesting ICE agent.
  2. Date & time of request.
  3. Specific details / rationale for request.
  4. Any instructions from ICE.
  5. Anticipated date & time ICE will respond.
8. Notification to ICE of Detain / Release Decision
  • Once PD decides to detain or release, officer immediately contacts ICE and documents:
    • Name of agent notified.
    • Date & time of notification.
    • Details of the decision & instructions received.
    • Expected ICE response time.
9. 48-Hour Detention Limit
  • If individual is held on a civil detainer, PD informs ICE that custody will last maximum 48 hours48\text{ hours} (excluding Saturdays, Sundays, federal holidays).
  • If ICE does not assume custody within that period, individual must be released; no extensions based solely on the civil detainer.
10. ICE Refusal or Withdrawal of Detainer
  • If ICE later decides not to pursue custody:
    • Officer must release the person immediately (unless other criminal matters exist).
    • Record in CIR: agent’s name, communication times, ICE decision details, and exact release time.
11. Public / Civilian Immigration Complaints
  • Civilians wishing to report immigration violations are directed to the DHS-ICE Tip Line (not handled by Norwich PD).

Ethical, Legal & Practical Notes

  • Policy embodies community-oriented policing: encourages victims/witnesses to report crime without fear of immigration repercussions.
  • Protects Department from violating constitutional rights (Fourth Amendment) by ensuring all detentions meet reasonable-suspicion or probable-cause standards.
  • Aligns with Connecticut law limiting local enforcement involvement in purely civil immigration matters.
  • Maintains interoperability with federal agencies while guarding against unlawful prolonged detention.

Cross-References / Foundational Principles

  • Federal statutes: Title 8 U.S. Code, 8 CFR 287.78\,CFR\,287.7.
  • Landmark cases: Terry v. Ohio (stop & frisk), Miranda v. Arizona (custodial interrogation).
  • Connecticut General Statutes §§53a-2553a\text{-}25 (felony definition).
  • National databases: NCIC, Terrorist Screening Database.

Real-World Implications

  • Officers must balance community trust with federal cooperation.
  • Misapplication (e.g., detaining beyond 4848-hour limit) exposes the Department to civil liability.
  • Proper documentation is critical; CIR acts as both legal record and accountability tool.