Secure Communities Briefings for Local and State Law Enforcement

• DHS Plan to Provide Training to State and Local Law Enforcement in Secure Communities (PDF | 236 KB | 2 pages)
• Civil Rights and Civil Liberties Complaint Form in English (PDF | 214 KB | 7 pages) and Spanish (PDF | 219 KB | 7 pages). Forms are also available in seven other languages.
• Secure Communities Complaints Protocol (PDF | 273 KB | 5 pages)
• Sample Immigration Detainer Form (PDF | 2.2 MB | 3 pages)
• Prosecutorial Discretion Memo: Certain Victims, Witnesses and Plaintiffs (PDF | 3.47 MB | 3 pages)
• Exercising Prosecutorial Discretion Consistent with the Civil Immigration Enforcement Priorities of the Agency for the Apprehension, Detention and Removal of Aliens (PDF | 463 KB | 6 pages)
• ICE's Civil Immigration Enforcement Priorities Memorandum (March 2, 2011) (PDF | 385 KB | 4 pages)
• ICE Response to the Task Force on Secure Communities Findings and Recommendations (PDF | 1 MB | 20 pages)

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Introduction to Secure Communities: What Law Enforcement Needs to Know

This module provides a broad overview of the Secure Communities program for law enforcement. It emphasizes that Secure Communities imposes no new requirements on state and local law enforcement, noting that law enforcement attention or action should not be based on race, ethnicity, immigration status or limited ability to speak English. This module serves as the foundation for the remaining topics.

There are two versions of this video – a general version and a version for jurisdictions that also have a 287(g) agreement with ICE.

Commander's Packet

• DHS Plan to Provide Training to State and Local Law Enforcement in the Secure Communities Program (PDF | 236 KB | 2 pages)
• Civil Rights and Civil Liberties Complaint Form in English (PDF | 214 KB | 7 pages) and Spanish (PDF | 219 KB | 7 pages). Forms are also available in seven other languages.
• Secure Communities Complaints Protocol (PDF | 273 KB | 5 pages)

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How to Respond to an Immigration Detainer

This module briefs officers about the immigration detainer process, including the details of the new detainer form and the responsibilities of law enforcement agencies when they receive detainers issued by ICE. In particular, this module highlights how detainees who allege a violation of their civil rights or claim U.S. citizenship can receive assistance.

Commander's Packet

For more information on how to respond to immigration detainers, ICE offers the following resources:

• A sample immigration detainer form, with notices to detainees in English and 5 other languages (PDF | 582 KB | 3 pages)
• Note: DHS's Office for Civil Rights and Civil Liberties "I Speak" language identification pocket guide can be reproduced to assist you in finding a preferred language for non-English speakers (PDF | 4.84 MB | 20 pages). Print instructions for the pocket guide (PDF | 90 KB | 1 page). To request an editable version, contact CRCLtraining@dhs.gov.
• Frequently asked questions about immigration detainers
• ICE memoranda on its exercise of prosecutorial discretion (PDF | 433 KB | 6 pages) and particularly for certain victims, witnesses, and plaintiffs (PDF | 3.47 MB | 3 pages)
• A toolkit for prosecutors (PDF | 327 KB | 35 pages), covering options available to prosecutors to keep an alien witness, victim or defendant in the U.S. for a criminal trial (pp. 4-24)

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Consular Notification: Your Role When Detaining Foreign Nationals

This module discusses the legal obligations placed on law enforcement agencies with respect to consular notification when a foreign national is taken into their custody. It explains the importance of complying with the Vienna Convention on Consular Relations and the risks of failing to do so. Supplemental materials include Department of State job aids for use by law enforcement officials.

Commander's Packet

For more information on how to fulfill requirements for consular notification and access, visit the State Department website:

• The Consular Notification and Access Manual (PDF | 3.46 MB | 123 pages), a comprehensive and detailed report to assist law enforcement, includes:
• A five-page summary of basic instructions (pages 1-5)
• A model standard operating procedure (pages 101-107)
• A one-page flowchart summarizes the steps for the consular notification and access process (PDF | 136 KB | 1 page)
• A list of mandatory notification countries
• Contact information for foreign consular offices in the United States.
• View a video titled, It's the Right Thing To Do.

Sample Forms. The State Department website also lists various sample documents that may provide assistance:

• A sample written statement to notify foreign nationals of their rights in English (PDF | 231 KB | 1 page) and in 20 different languages. (with options for individuals from both mandatory and non-mandatory notification countries)
• Note: DHS's Office for Civil Rights and Civil Liberties "I Speak" language identification pocket guide can be reproduced to assist you in finding a preferred language for non-English speakers (PDF | 4.84 MB | 20 pages). Print instructions for the pocket guide (PDF | 90 KB | 1 page). To request an editable version, contact CRCLtraining@dhs.gov.
• Sample fax sheets to notify consular officers of the arrest or detention (PDF | 87 KB | 1 page), death or serious injury (PDF | 121 KB | 1 page) and appointment of guardian or trustee (PDF | 101 KB | 1 page) for their nationals

Free Materials. The State Department also provides certain materials to law enforcement free of charge, including a 72-page reference manual (one or two per location) and officer reference cards (one for every officer).

Legal Background. For more information on consular notification requirements, view the Congressional Research Service report on the Vienna Convention on Consular Relations. (PDF | 122 KB | 25 pages)

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Unlawful Retaliation by Private Actors

This module assists officers in identifying potential abuses by landlords, employers or others who may be involved in conflicts with immigrants and may seek to manipulate police actions in retaliation as a result of these conflicts.

If you learn that a foreign national you have already arrested may have been the victim of retaliation, please notify your local ICE office immediately, so that it may coordinate, as necessary, with appropriate federal, state or local agencies.

Commander's Packet

More on the ICE process and how it exercises its prosecutorial discretion:

• Prosecutorial Discretion Memo: Certain Victims, Witnesses and Plaintiffs (PDF | 3.56 MB | 3 pages)
• Exercising Prosecutorial Discretion Consistent with the Civil Immigration Enforcement Priorities of the Agency for the Apprehension, Detention and Removal of Aliens (PDF | 463 KB | 6 pages)
• Instructive guidance on questioning persons during labor disputes for ICE (INS Operating Instruction 287.3a) (1996)

Guidance on employment from the Department of Labor:

• A DHS/Department of Labor Memorandum of Understanding (5 pp. PDF) committing to remain "insulated from inappropriate manipulation by other parties."
  
• A workers' whistleblower rights fact sheet (2 pp. PDF) from the Occupational Safety and Health Administration.
  
• The Department of Labor's "We Can Help" campaign strives to educate immigrant populations about their right to fair wage and hours.

Guidance on Housing from the Department of Housing and Urban Development:

• The Department of Housing and Urban Development has issued guidance (3 pp. PDF) clarifying that immigration status does not affect housing discrimination claims.
  • See also the Fair Housing Act for more information on housing discrimination, prohibited in Sec. 818 (42 U.S.C. § 3617).
• For a list of tenants' rights guidance by state, see the department's website.

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