EL DORADO COUNTY
SHERIFF’S OFFICE
CUSTODY DIVISION
SECTION: BK 2.04
PAGES: 1 Of 7
RELATED STANDARDS: California Penal Code 834b
Government Code 7282 & 7282.5
TRUST Act
ISSUE DATE: 06-97
REVISION DATE: 04-16-08
PROCEDURAL ORDER
CHAPTER:
BOOKING AND RELEASE
SUBJECT:
ILLEGAL ALIENS
I. PURPOSE:
A. To establish the policy as it relates to contacting, placing or releasing a hold for the Department of Homeland
Security, Immigration and Customs Enforcement Agency (ICE) in accordance with Government Code sections
7282 and 7282.5 Trust Act.
II. POLICY:
A. The TRUST Act provides that a person may not be held in custody solely on the basis of an immigration
detainer if he or she is otherwise “Eligible for Release from Criminal Custody”
unless one of the following exceptions applies:
1. The individual is arrested and taken before a magistrate on a charge involving a Serious or Violent felony, as
identified in subdivision (c) of Section 1192.7 or subdivision (c) of Section 667.5 of the Penal Code, a felony
punishable by imprisonment in state prison, or any felony listed in paragraph (2) or (3) other than domestic
violence, and the magistrate makes a finding of probable cause as to that charge pursuant to Section 872 of the
Penal Code.
2. The individual has been convicted of a Serious or Violent felony according to a criminal background check
or documentation provided to the law enforcement official by the United States Immigration and Customs
Enforcement;
3. Individuals that have any conviction or prior conviction for which the person is required to register on the
California Sex and Arson Registry (CSAR) as a sex offender pursuant to PC 290 or as an arson offender
pursuant to PC 457.1.
4. An individual with any misdemeanor conviction within the last five years that could have also been charged
either as a misdemeanor or a felony (i.e., “wobblers”) involving the following specific crimes; or any felony
conviction (at any time), involving the following specified crimes:
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1. Assault
2. Battery
3. Use of Threats
4. Sexual abuse, sexual exploitation, or crimes endangering children
5. Child abuse or endangerment
6. Burglary, robbery, theft, fraud, forgery, or embezzlement
7. Driving under the influence of alcohol or drugs but only as a felony
8. Obstruction of justice
9. Bribery
10. Escape
11. Unlawful possession or use of a weapon, firearm, explosive, device or weapon of mass
destruction
12. Possession of an unlawful deadly weapon, under the Deadly Weapons Recodification Act of
2010 (PC 16000)
13. An offense involving the felony possession, sale, distribution, manufacture, or trafficking of
controlled substances
14. Vandalism with prior convictions
15. Gang-related offenses
16. An attempt, or any conspiracy to commit an offense specified in this section
17. A crime resulting in death, or involving the personal infliction of great bodily injury;
18. Possession or use of a firearm in the commission of an offense
19. An offense that would require the individual to register as a sex offender
20. False imprisonment, slavery, and human trafficking
21. Criminal profiteering and money laundering
22. Torture and mayhem
23. A crime threatening the public safety
24. Elder and dependent abuse
25. A hate crime
26. Stalking
27. Soliciting the commission of a crime
28. An offense committed while on bail or release on his or her own recognizance
29. Rape, sodomy, oral copulation, or sexual penetration
30. Kidnapping
31. A violation of CVC 20001(c).
5. Any conviction of any federal crime that meets the definition of an “aggravated felony” as set forth in the
Immigration and Nationality Act (8 U.S.C. Section 1001 at Section 1101(a) (43)(A) to (P), or is identified by
the
United States Department of Homeland Security’s Immigration and Customs Enforcement as the subject of an
outstanding federal felony arrest warrant. The term “aggravated felony” means:
1.
2.
3.
4.
5.
6.
Murder, rape, or sexual abuse of a minor
Illicit trafficking in a controlled substance
Illicit trafficking in firearms or destructive devices
Laundering of monetary instruments if the amount of the funds exceeds $10,000
An offense relating to explosive materials
A crime of violence, but not including a purely political offense for which the term of
imprisonment is at least one year
7. A theft offense or burglary offense for which the term of imprisonment is at least one year
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8. The demand for or receipt of ransom
9. Child pornography
10. Racketeer influenced corrupt organizations or gambling offenses, for which a sentence of one
year imprisonment or more may be imposed
11. Owning, controlling, managing, or supervising of a prostitution business; peonage, slavery,
involuntary servitude, and trafficking in persons
12. Gathering or transmitting national defense information relating to disclosure of classified
information relating to sabotage, relating to treason, relating to protecting the identity of
undercover intelligence agents or relating to protecting the identity of undercover agents
13. Fraud or deceit in which the loss to the victim or victims exceeds $10,000; tax evasion in which
the revenue loss to the Government exceeds $10,000
14. Alien smuggling (except in the case of a first offense for which the alien has affirmatively shown
that the alien committed the offense for the purpose of assisting, abetting, or aiding only the
alien’s spouse, child, or parent)
15. An offense described in section 1325(a) or 1326 of this title committed by an alien who was
previously deported on the basis of a conviction for an offense described in another subparagraph
of this paragraph
16. Falsely making, forging, counterfeiting, manipulating, or altering a passport or instrument and
for which the term of imprisonment is at least 12 months (except in the case of a first offense for
which the alien has affirmatively shown that the alien committed the offense for the purpose of
assisting, abetting, or aiding only the alien’s spouse, child, or parent (and no other individual).
6. The inmate has been convicted of a felony punishable by imprisonment in state prison.
7. In the event an inmate is held in custody on an immigration detainer pursuant to the above authority, they
may be held for 48 hours, excluding weekends and federal holidays, after a scheduled release date.
III. PROCEDURE:
A. If the person arrested is suspected of being in this country in violation of Federal Immigration Laws the
following procedure shall be initiated:
1. Attempt to verify the legal status whether permanent or temporary of the person by:
a. Questioning the person regarding his/her date and place of birth and entry into the United States.
b. Request documentation to indicate his/her legal status. Copy the front and back of any
documentation the inmate may have, i.e. Driver’s license, CA. ID. Card, Visa, passport, etc.
Booking Officers should still proceed with the following procedures to ensure the inmate is here
legally and have not violated terms of their visa or passport.
c. Run the inmate in FBI and CII and LiveScan to confirm the inmate’s identification and see if
he/she has been previously deported. If the inmate has had a previous deportation and there is no
documentation for legal re-entry the inmate may be subjected to deportation again. If an inmate
has returned unlawfully and committed a crime of moral turpitude, they may be federally
charged.
d. If the subjects FBI, Criminal History and current charges do not meet the criteria for deportation
as outlined in 667.5 of the Penal Code they are to be excluded from deportation. In this event,
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you are NOT required to contact I.C.E. and no hold will be placed. If, however, the arrestee’s
criminal history does meet the criteria outlined in 667.5 PC I.C.E. will be contacted for a hold
regardless of the current charges.
e. Have the inmate complete the I.C.E. questionnaire as completely as possible and sign. The
Booking Officer should also sign the worksheet. It is not mandatory for the inmate to sign or
complete the worksheet.
f. Query the “Immigration” option in ICLETS that allows input of the inmate’s personal
information. This inquiry goes to the Law Enforcement Support Center (L.E.S.C.) in Vermont.
This agency is a part of the Immigration and Customs Enforcement Agency. When sending an
inquiry to L.E.S.C. include as much of the inmate’s personal information as possible including
the visa or passport number. After the inquiry is sent, a response via teletype will tell whether
the subject is known to the Immigration system or not.
g. To get a detainer faxed from the I.C.E. office in Sacramento, fax the Inmate Booking Sheet,
L.E.S.C. response, Alien status questionnaire (if possible), copies of social security cards,
passports, Resident Alien cards, etc. and a fax cover sheet. I.C.E. will fax back a detainer if a
hold is being placed. If it is necessary to get a detainer after hours, weekends or holidays, the
Booking Officer should call the after-hours agent. If it is unlikely that the inmate will bail at the
time of booking, the Booking Officer should wait until the next morning to contact the agent.
Telephone holds may be placed, however, must be followed by written confirmation within 24
hours to remain valid. If written confirmation has not been received within the 24 hours the hold
must be dropped. (Phone numbers are posted at the booking stations).
2. Exclusions to be considered prior to contacting I.C.E.
The TRUST ACT provides that a person may not be held in custody solely on the basis of an
immigration detainer if he or she is otherwise “Eligible for Release from Criminal Custody”
Meaning:
 Inmates who have had all criminal charges dropped or dismissed are not subject to removal.
 Inmates who have been acquitted of all charges against them unless probable cause has been
determined by a Judge.
 The inmate has posted a bail bond on local charges, therefore they are not subject to removal.
B. If the person is determined to be in the country illegally and an I.C.E. detainer is obtained, the following
shall take place:
1. Book the inmate on a No Bail charge of 8 1325 U.S. for illegal entry. The I.C.E. detainer shall
be placed in the inmate’s booking folder on the left side on top of the flap. Place a HOLD in the
inmate’s classification in TracNet.
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1. Upon sentencing, a copy of the detainer will be faxed to ICE along with inmate’s release date
and pick up information. All sentenced inmates with an ICE hold need to be made available for
pick up 48 hours prior to their scheduled release date. For inmates housed in the Tahoe Jail,
once an inmate’s release date has been calculated, schedule them for transport to the Placerville
Jail seven days prior to release.
2. If the inmate has charges in another County, advise them via teletype that the inmate is ready for
pick up and has an immigration hold. If the County cites the inmate out or drops the hold, and
the inmate cannot be held pursuant to the TRUST Act, they shall be released.
a) I.C.E. detainers are valid pursuant to the TRUST Act for only forty-eight (48) hours after the
inmate would otherwise be released.
b) After the forty-eight (48) hour period has expired, the IC.E. hold must be dropped and the
inmate released.
The Sheriff’s Technician will monitor and notify ICE daily by fax or email, Monday – Friday of any
ICE hold releases from the prior day or weekend.
C. Notification to ICE of Scheduled Release Date:
1. ICE requests notification as soon as possible when an inmate is ready for pick up or with an expected
release date. Notification will be made by fax.
2. Upon sentencing, a copy of the detainer will be faxed to ICE with the inmate’s release date and last day
for pick up information.
D. Release of Non Exempt Sentenced Inmates to ICE
In order to provide adequate time for ICE to pick up sentenced, non-exempt inmates on their detainer, notify
ICE 48 hours in advance of the sentenced, non-exempt inmates release date. The inmate may be held until
the end of business hours (5 PM) on the last day of the sentence for pick up. ICE does not pick up on
weekends or holidays.
E. Release of TRUST Act exempt inmates:
1. Inmates that are exceptions as defined under the TRUST Act will be held on their ICE detainer for 48
hours following their last day of sentence for pick up by ICE.
F. Capacity Release
1. If the Inmate has a current ICE hold and is eligible for release under Jail Manual section 4.14 (5)
Population Cap Releases the inmate may be held for 48 hours for pick up by ICE.
G. Release pursuant to Jail Manual section 4.14 (17) to Involuntary Electronic Monitoring or Electronic
Monitoring in Lieu of Bail
1. Inmates with ICE holds who are eligible for release pursuant to jail manual section 4.14 (17) Release to
Electronic Monitoring will be released for EMP supervision by the Probation Department.
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H. Holds Dropped By ICE
1. ICE may drop their holds at their discretion and will advise by fax.
Division Commander ______________________
Date _____________________
County Counsel____________________________
Date _____________________
Medical_________________________________
Date _____________________
I.C.E. CONTACT NUMBERS
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LOCAL SACRAMENTO OFFICE:
Agent Alex Sabel
Office 916-930-3850/Cell 916-826-8477
Supervisor Jeffrey Tipton
Office 916-491-2868
Office Fax
916-491-2865
After Hours/Weekends
Agent Kevin McDaniels
Office 916-930-3847/Cell 916-826-8479
**Try to contact Agent Sabel first. If he cannot be reached, contact Supervisor Tipton.
I.C.E. TRANSPORTATION UNIT/SACRAMENTO
Transportation Desk
Adam Orlandella
916-930-3852
Fax
916-930-3799
Supervisor David Escalante
Cell/916-919-4187
**Fax the detainer and a cover sheet to Adam as soon as the inmate is ready for pick up. He is in
charge of scheduling and will quickly respond to your notice. Contact Supervisor Escalante if the
Transportation Desk cannot be reached.
BK 2.04