G. O 11.10 Handling Of Foreign Nationals Flashcards
The enforcement of the nations immigration laws is primarily the responsibility of who?
The federal government
An arrest or detention which results in a foreign National being incarcerated for more than a few hours requires what?
Consular notification requirements
What is a foreign National?
Any person who is not a US citizen; same as ‘alien’
What is a consular officer or consul?
A foreign official authorized by the department of state to provide assistance to the foreign government’s citizens in the United States.
What is a diplomat?
A foreign official at the country’s embassy in Washington DC assigned to represent the country
Can diplomats perform consular functions?
Yes
What is a mandatory notification?
Consular notification procedures that apply when you arrest or detain a foreign National from any of the 57 countries that have agreed to special rules with the United States. For such a foreign National, you must notify the consular officer regardless of whether the National requests or wants you to do so.
What is ‘upon request’ notification?
Consular notification procedures that apply when you arrest or detain a foreign National from any country not on the mandatory list of 57 countries.
When can an officer inform federal immigration authorities of the whereabouts or behaviors of an immigrant or foreign visitor?
They are physically arrested and not eligible for release on a summons
Has been convicted of any felony
Is reasonably suspected of involvement in terrorism
Is reasonable suspected of participating in an organized venture to bring or fraudulently assimilate undocumented foreigners into the country
Is reasonably suspected of participating in criminal street gang activity
When can an officer request a passport, visa, or “green card”?
When standard forms of identification are unavailable
When any person is physically arrested, their country of citizenship should be ascertained and entered into what?
The arrest worksheet (PD180)
What can be done if any such person acknowledges being in the United States illegally or whom the officer suspects of being here illegally?
They can be screened through ICE law enforcement support center (via dispatch) to determine if they can be detained as an illegal alien.
If an officer has reasonable suspicion that the individual has committed or is committing a crime, they may arrest the individual without a warrant upon confirmation from the bureau of immigration and customs enforcement if they believe:
They are an alien illegally in the United States
Has previously been convicted of a felony in the United States
And
Has either been deported or left the United States after such conviction
When will the notification process begin for arresting a foreign National?
At the time the National is booked into the detention facility
Who is responsible for implementing the notification process?
The booking officer
