The buzz about the Arizona Immigration Law has everyone talking about Immigration Reform and immigrant rights. To bring the issue a little closer to home – the Florida Department of Law Enforcement follows federal guidelines for the “Arrest & Detention of Foreign Nationals in the U.S.”
Under federal procedure upon making the arrest of a foreign-born person the officer is required to contact the arrestee’s country’s consulate. There is a list of 58 countries that require mandatory notification upon the arrest of a foreign-born person. This list includes China, Philippines, Russia and United Kingdom. Federal procedure recommends officers contact the arrestee’s country’s consulate even if they are not on the mandatory list. If the arrestee is not from a mandatory notification country it is suggested that upon arrest officers recite:
“As a non-U.S. citizen who is being arrested or detained, you are entitled to have us notify your country’s consular representatives here in the United States. A consular official from your country may be able to help you obtain legal counsel, and may contact your family and visit you in detention, among other things. If you want us to notify your country’s consular officials, you can request this notification now, or at any time in the future. After your consular officials are notified, they may call or visit you. Do you want us to notify your country’s consular officials?”
If a foreign national requests that their home country’s consulate be notified there is a list of countries that requires immediate notification upon the arrestee’s request. A few of these countries include: France, Germany, Iran, Israel, Japan, Pakistan and South Korea. It is important to note that Mexico is not on either the mandatory or the request list.
A common question is whether a person with Lawful Permanent Resident, or a green card, is still considered a foreign national under these procedures. Yes, and these procedures are supposed to apply regardless of how long the green card holder has resided in the United States.
Now days it is more common for local law enforcement agencies to link their arrestee databases with ICE’s database. When a foreign-born person, documented or undocumented, is arrested and booked into jail a copy of their fingerprints, name and identifying information are faxed to I.C.E. The information is then checked against ICE’s database. If a match, or hit, is made then the inmate is placed on hold for up to 48 hours during which ICE comes and picks up the detainee.
Officers are not always required to notify foreign-born arrestee’s country’s consulate therefore it is important you be aware of your rights.
More information, including a full list of Mandatory Notification Countries and Jurisdictions can be found at http://travel.state.gov/law/consular/consular_737.html