25-089 Response to Incidents Involving Federal Civil Immigration Enforcement

This Department Notice provides guidance to members who may encounter situations involving federal civil immigration enforcement. It reiterates the importance of adhering to California Law (Government Code § 7284 et seq.), San Francisco’s Sanctuary Laws (S.F. Administrative Code 12H and 12I), and the Department’s primary goal of ensuring the safety of everyone in San Francisco. The Department remains steadfast in our commitment to fostering trust, respect, and communication with the public to keep our City safe.

In all situations, Members are expected to remain professional and follow DGOs and Department policy. Except as permitted by applicable law, Members are prohibited from assisting in the enforcement of federal immigration laws. This approach fosters an environment where all community members feel safe interacting with local authorities, thereby enhancing overall public safety and community relations.

Response to Calls for Service

Members may be dispatched to calls for service for incidents that may ultimately be identified as federal immigration enforcement. Examples of those incidents may include, but are not limited to, reports of possible kidnapping, suspicious persons, individuals refusing to identify themselves, or tensions between law enforcement and the public. When responding to calls that may involve federal immigration enforcement, Members are expected to respond in a just, transparent, and unbiased manner to maintain peace and ensure public safety.

Member’s Responsibilities

• Members shall not cooperate with or assist federal authorities, including ICE/CBP, in any investigation, detention, or arrest procedures related to the enforcement of federal civil immigration law.
• Members shall not interfere with or obstruct lawful federal immigration enforcement.
• Members shall follow all Department policy, including DGO 5.15 Enforcement of Immigration Laws. Members should maintain separation from federal civil immigration enforcement and only take actions necessary to safeguard life and property. This may include rendering aid, responding to criminal activity, continuous observation and reassessment, maintaining a perimeter, directing traffic, de-escalating conflict, or communicating with the public.
• Consistent with Department policy, Member shall ensure their BWC is activated when required, and if appropriate, document the incident in an incident report.
• If Members encounter individuals who are not readily identifiable as federal agents, Members should, when safe and practical to do so, attempt to verify the credentials of the on-scene federal lead-agent, supervisor, or agent in charge, and capture the verification process on BWC.

Supervisor’s Responsibilities

To ensure proper oversight and appropriate response to incidents, supervisors shall respond to calls for service that potentially involve federal civil immigration enforcement or if requested by a Member.

• If necessary, supervisors should attempt to verify the credentials of the on-scene federal lead-agent, supervisor, or agent in charge.
• Supervisors shall ensure all Department Members are in compliance with DGO 5.15 Enforcement of Immigration Laws, Department policies and procedures, take action against criminal conduct, and take steps to ensure public safety.
• Supervisors should notify their SFPD platoon commander with situational updates.

Fraudulently Impersonating a Peace Officer or Federal Officer

Members may be called to address reports of individuals impersonating peace officers, federal officers or federal employees, which may constitute a criminal offense (California Penal Code section 538d or 18 USC § 912). Members are authorized to take enforcement action if they determine that someone is impersonating a peace officer, federal officer, or federal employee, which may include detention and arrest.

Communication with the Public

Members should provide clear communication with the public, reassuring them that SFPD does not participate in civil immigration enforcement and that our presence is solely to maintain public safety. If necessary, Members should direct additional inquires to ICE/CBP.

Request for Emergency Assistance from ICE/CBP (DGO 5.15.03)

Members may provide emergency assistance to ICE/CBP to the same extent Members would respond to any emergency to safeguard life and property as outlined in DGO 5.15 Enforcement of Immigration Laws.

• For example, 10-25, Code 3, respond as back-up; and 406, officer needs emergency help. Generally, these calls require an emergency response.

Officer’s Responsibilities

Members providing an emergency response to ICE/CBP shall immediately notify their supervisor and complete an incident report describing the reasons for their assistance. For additional information, refer to DGO 5.15 Enforcement of Immigration Laws.

Supervisor's Responsibilities

When notified that a Member is providing an emergency response to ICE/CBP, supervisors shall immediately respond to the location and ensure that such assistance is warranted and consistent with Department policy.

/s/
PAUL YEP
Interim Chief of Police

Per DN 23-152, all sworn & non-sworn members shall electronically acknowledge this Department document in PowerDMS within (30) thirty calendar days of issuance. Members whose duties are relevant to this document shall be held responsible for compliance. Any questions regarding this policy should be sent to [email protected] who will provide additional information.