Immigration Violations (Novato Police Department)

To Whom It May Concern:

Pursuant to the California Public Records Act, I hereby request the following records:

Your Police policy manual section titled “Immigration Violations” (undated) states:

DETENTIONS
An officer who has a reasonable suspicion that an individual already lawfully contacted or detained has committed a criminal violation of 8 UCS § 1326(a) (unlawful reentry) that may be subject to enhancement may detain the person for a reasonable period of time to contact federal immigration officials to verify whether the United States Attorney General has granted the individual permission for reentry and whether the violation is subject to enhancement (Government Code § 7284.6).

If the officer has facts that establish probable cause to believe that a person already lawfully detained has violated 8 USC § 1326(a) and the penalty may be subject to enhancement due to prior conviction for specified aggravated felonies, he/she may arrest the individual for that offense (Government Code § 7284.6).

TRANSFERS TO IMMIGRATION AUTHORITIES
This section lists circumstances under which an individual may be transferred to immigration authorities.

I request any documents regarding individuals who have been subject to detentions or arrest by your Police Department as described in this policy during the period from January 1, 2018 to October 31, 2019. I also request any documents regarding individuals who have been transferred to or released to immigration authorities by your Police Department based on this policy during the period from January 1, 2018 to October 31, 2019.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.

Sincerely,

Frank Shinneman