Arapahoe County Sheriff’s Office

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Arapahoe County Sheriffs Office

• Procedures for Determining Immigration Status of
  Foreign Born Arrestees

Sgt. Steve Clark Detentions Line
Supervisor Betty Sciba Booking Clerk
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Identification of Foreign Born Arrestees

• Suspected individual is identified by Patrol
  Deputies / Officers during initial stop / contact
  / arrest.
• Transfer from other agency / facility.
• Review of booking reports and criminal histories
  (NCIC/CCIC National / Colorado Crime
  Information Centers).
• AFIS (Automated Fingerprint Identification
  System) response.
• Prior arrest / contact internal records search.
• Self admission.

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IAQ (Immigration Alien Query)There are several
factors that determine whether an IAQ is
requested.

• If an arrestee states that they were born
  anywhere outside the United States or its
  Territories.
• On the criminal history run through NCIC/CCIC at
  the time of book-in, there is an indication that
  the individual has a history of being born in a
  foreign country or if there is a conflict in the
  place of birth (i.e. USA and Australia).
• If the arrestee has no positive identification an
  AFIS check is completed to confirm
  identification.
• While completing an inventory of their personal
  property, indication / identification is
  discovered creating suspicion of foreign born
  status. (i.e. Resident Alien Card, Foreign
  Drivers License, etc.)
• Staff member recognizes the individual as having
  been previously arrested under another identity
  confirmed with in-house records search / booking
  photo comparison.
• Arrestee initially identifies themselves by name
  and then signs another name or admits to
  providing false information about their identity.

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IAQ (Immigration Alien Query)Additional
circumstances to consider

• The arrestee is an adult, has no positive
  identification and the reported name / DOB / SSN
  does not produce any type of verifiable history
  (Prompting an AFIS check and possible IAQ).
• The arrestees accent / dialect is not typically
  found in the United States.
• The arrestee appears nervous or hesitates when
  asked to provide demographic information relating
  to their citizenship status / place of birth.

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IAQ (Immigration Alien Query)If an IAQ is sent

• The IAQ is sent via CCIC through NLETS (National
  Law Enforcement Telecommunications System) to
  LESC (Law Enforcement Support Center) in Vermont.
• If there is no response, the IAQ is resubmitted.
• If there is no response a second time, an ASI
  Form (Alien Status Inquiry) is completed and
  faxed to the local ICE Office (Immigration
  Customs Enforcement).
• If the arrestee is bonding, the internal Arapahoe
  County Sheriffs Office directive is to wait for
  IAQ response up to 12 hours for Misdemeanor
  charges and 24 hours for Felony charges before
  releasing the individual on bond. Numerous
  attempts are made in order to establish
  citizenship within the 12 24 hour time period.

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ASI (Alien Status Inquiry)

• ASI Form is provided by ICE.
• The form is completed and faxed with any IAQ
  response to the local ICE Office.
• ICE will generally contact ACSO by telephone and
  request to speak with the arrestee.
• ICE will then speak with ACSO staff and relay a
  verbal Detainer / No Detainer and then fax a
  written verification of the verbal directive.
• If there is no response to an ASI request within
  2-3 hours, the local ICE Office is generally
  contacted by telephone to ascertain the status of
  the request.

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ACSO Immigration Flow-Chart
NO IAQ Response Received
Foreign Born / Suspected Foreign Born (SB-90)
person is arrested and taken to jail.
IAQ sent
Legally Residing in U.S. No Detainer / No
further action
If Response Received or No Response to 2nd IAQ
Request
Detainer Placed Inmate held for 48 hours upon
completion of sentence- ICE informed via FAX that
subject is ready for transport
Inmate released to ICE

• Unable to Match
• Border Crossing Card
• Illegal
• Legal but Felony Conviction Subject to
  Deportation
• Other Responses / No Response

Fax ASI to local ICE with copy of IAQ Response
(If available)
No Detainer / No further action
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Identified Problems / Concerns

• What to do if ICE neither confirms / declines a
  detainer?
• Increased time to process / monitor the status of
  IAQs / ASIs.
• Delay of releases / bonds.
• Cost of arrestees being detained for ICE
  (medical, food, housing).
• Agency specific issues (i.e. Changes in Policy
  Procedure, Changes in computer software,
  development of reports to monitor issue, staff
  training).