TUCSON, Ariz. (KGUN) — City officials, including Mayor Regina Romero, City Manager Tim Thomure and Tucson Police Chief Chad Kasmar, issued a joint statement Monday on the city's role relating to increased federal immigration actions.
"The immigration enforcement actions in question are occurring at the direction of the new federal administration and are being carried out by federal agencies – not by the Tucson Police Department (TPD) or other local law enforcement agencies," the statement said.
The statement said the city's role has not changed.
"The Tucson Police Department, at the direction of Chief Kasmar, City Manager Thomure, and the Mayor and Council, is committed to protecting and serving all of the residents in our community," it said. "And all of TPD’s law enforcement activities are carried out in a manner that recognizes and protects the civil rights, privileges, and immunities of all persons in Tucson."
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The city said TPD's policies and general orders relating to immigration matters continue to follow the general orders that were revised and updated following the Arizona Legislature's adoption of State Bill 1070 nearly 15 years ago. Those orders "continue to state that enforcement of immigration violations arising out of a person’s unauthorized presence in the United States is reserved for federal agencies, and is not part of the mission of TPD."
The general orders include the following specific directions to TPD officers, the statement said:
- TPD Officers will not make immigration status inquiries during consensual contacts with members of the public;
- TPD Officers will not make immigration status inquiries of victims or witnesses, since discouraging cooperation will likely hinder or obstruct investigations and can negatively impact overall community trust and confidence;
- TPD Officers cannot stop a car for the purpose of determining the immigration status of the driver or any passengers;
- When reasonable suspicion exists to believe a detainee is unlawfully present in the U.S. but there are no state or local criminal violations, or any other lawful basis to continue the detention (i.e. completion of a traffic stop), the officer shall release the detainee without delay;
- TPD officers do not have the authority to transport a person or take any other enforcement action for a civil violation of federal law (e.g., unauthorized presence);
- Juveniles who are detained for criminal activity shall not be asked about immigration status without the presence of a parent, guardian or attorney;
- When interacting with students, School Resource Officers and/or other officers who respond to a school shall refrain from asking about immigration status;
- An officer shall not prolong a field release arrest to make an immigration status inquiry or to request verification of immigration status.
The statement also advised that people in the community know their rights as immigration enforcement actions by federal agencies continue to change under the new administration. They list the following resources for potential guidance:
- Catholic Diocese of Tucson (https://diocesetucson.org/ [links-2.govdelivery.com])
- Florence Immigrant and Refugee Rights Project (https://firrp.org/ [links-2.govdelivery.com])
- ACLU of Arizona (https://www.acluaz.org/en [links-2.govdelivery.com])
