9121-6. Restrictions on Law Enforcement Officials.
In addition to the limitations set forth by the laws of the State of California, including but not limited to the above-described laws currently described in summary as “SB 54,” the following restrictions shall apply:
(a) No enforcement official shall detain an individual on the basis of a civil immigration detainer.
(b) No agency shall participate in a joint law enforcement task force which includes ICE, or for which a purpose is enforcement of Federal immigration laws.
(c) Law enforcement officials shall not arrest or detain an individual, or provide any individual’s personal information to a Federal immigration officer, on the basis of an administrative warrant, prior deportation order, or other civil immigration document based solely on alleged violations of the civil provisions of immigration laws.
(d) Where Federal law, State law, or court orders or decisions require that law enforcement arrest and detain immigrants for reasons pertaining to their immigration status (as opposed to the committing of violent crimes as defined herein) that the following protocols shall be followed:
(1) No arrests shall be made at the arrestee’s home from 12:00 a.m. to 8:00 a.m.
(2) No arrests shall be made at a courthouse or other government building based upon the timing of a court hearing or appointment with government representative.
(3) No arrests shall be made near a school and every reasonable precaution shall be made to avoid arrests in the presence of the arrestee’s children.
(4) No arrests shall be made at hospitals, nursing homes, or other medical facilities.
(5) Law enforcement officials shall make good faith efforts to seek Federal reimbursement for all costs incurred in continuing to detain an individual, after that individual becomes eligible for release, in response to each civil immigration detainer.
(e) In the event that an agency is required to act on a warrant, subpoena, or other order which does not involve an arrest or detention, but which merely requires the sharing of personal information and/or release dates, the individual named in the warrant or subpoena shall be notified in writing immediately upon receipt by the agency.
(f) Except as shall be required for booking upon arrest upon suspicion of criminal activity not pertaining to immigration status, no individual shall be required to submit to a fingerprint check of any sort unless there is an outstanding warrant on the individual. Law enforcement agencies shall be prohibited from random fingerprint checks. (Ord. 2618, § 1, 12/11/2018)