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INTER OFFICE MEMORANDUM
OFFICE OF THE CITY ATTORNEY
CITY OF SAN
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To:
Mayor and Common Council
GalTett Zimmon, Chief of Police
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City Clerk/COC Secy
City of San Bernardino
From:
James F. Penman, City Attorney
Subject:
San Bernardino Police Officers Performing Certain Functions of Immigration
Officers pursuant to 8 US.c. 91357 (g).
Date:
September 6, 2005
Federal law permits local policc officers to be tfamed to perf o III 1 the functions of Immigration
Officers, now known as ImmigratIOn Enforcement Agents, and the duties of such other Officers
of the US Immigration and Customs Enforccment (lCE), Border and Transportation Secunty
(HTS), Departmcnt of Homeland Security. Recently, the Shenff of San Bemardino County
received authori?:ation from the County Board of Supervisors to train a specific number of
persons to perfonn these functions in the County jaIL It is cstimated that, at any given time, up to
20 'Yo of the County jail population consists ofpeoplc who are in this country illegally.
The City of San Bemardino has a holding facility and our police officers infonn me that many of
those arrested and released with a citation are also in this country illegally These suspects, vvhen
released, rarely make their court appearances but continue to commit crimes in our city,
according to our police officers. These same police officers tellmc that It would havc a
significant impact on the criminal population in the City of San Bernardino if some of our
officers received the same training through the Department oflIomeland Security as will be
provided to the Sheriffs department. This would enable our officers to identifv and legally
detain criminally active illegal residents v\ho arc booked into our holding facility. Those
persons would then be turned over to the Department of Homeland Security for appropnate
processing, rather than be released hack into the City of San Bemardino to commit further
cnmes.
After conferring with Chief Zimmon on this matter, it is the recommendation of this Office, that
the Mayor and Council direct the Police Department to immediately explore, with the San
Bernardino County Sheriff, ICE, and other appropriate agencies, the issue of whether or not it
would be in the best interests of the CIty to train and certIfy a number of police officers to cany
out the intent of the Federal law as codified in Chapter 8,9 !357(g) of the Immigration and
Mayor and Common Council
Chief Garrett ZimJJ10n
Scptem ber 6, 2005
Pagc two (2)
Nationality Act, United States Code Annotated, as amcnded by the Homcland Security Act of
2002, Publjc Law 107-296.
Speci fica]]:, this section authorizes any political subdivision of a State (inc;luding cities,) to enter
into a written agreement \vith the Attorney General of the United States, whereby an officer of
the City, upon receiving "adequate training regarding the enforcement of relevant Federal
immigration Jaws" and becoming qualified to "perfom1 a function of an immigration officer in
relation to the investigation, apprehension, or detention of aliens in the United States (including
transportation of such aliens across State lines to detention centers), may carry out such function
at the expense of the State or political subdi\ision and to the extent consistent with State and
local law." 8 USCA. l357(g)(l)(2)
RRspectfu]] y Su bm i tted,
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,/~me: F Penman
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