Here's what Tucson police can do when it comes to immigration enforcement

As reports of increased federal immigration enforcement actions rise in the news and on social media, city officials on Monday reminded people what Tucson police officers are allowed to do under local rules.

“City leadership is receiving more questions about what role the City and its officials have or will have in these actions,” said a statement credited to Mayor Regina Romero as well as the police chief, city manager and city attorney.

“The answer is that our role has not changed.”

The statement acknowledged increased immigration enforcement across the country, but it noted those are being carried out by federal authorities rather than local agencies.

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“All of (the Tucson Police Department’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,” the statement said.

It says the police department has general orders saying, “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.”

Other measures in the general orders:

• 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 or other TPD 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 goes on the list websites that provide “Know Your Rights” information for immigration stops. Those included in the statement:

  • Catholic Diocese of Tucson, https://diocesetucson.org/
  • Florence Immigrant and Refugee Rights Project, https://firrp.org/
  • ACLU of Arizona, https://www.acluaz.org/en