Napa Police Clarify ICE Limits Under California Law

NAPA VALLEY, CA — The Napa Police Department published a new Frequently Asked Questions page explaining its role in immigration enforcement, emphasizing that officers are prohibited under California law from enforcing federal immigration laws or detaining people solely because of their immigration status.

According to the department, the California Values Act bars local law enforcement agencies from arresting or detaining people for federal immigration enforcement purposes.

Officers also cannot investigate, question, or detain someone simply to determine immigration status, nor can they collect or maintain information for that purpose.

Police officials said victims and witnesses can report crimes without fear of deportation by the Napa Police Department.

The agency said officers investigate crimes regardless of a person's immigration status and are prohibited from notifying U.S. Immigration and Customs Enforcement of a victim's or witness's immigration status if it becomes known during an investigation.

The department also said officers do not notify ICE when someone is arrested for possible civil immigration violations, and state law prohibits officers from asking about or sharing an arrested person's immigration status.

Federal authorities may independently learn of an arrest through the routine fingerprint and identification process used during jail bookings, which is submitted to the FBI for criminal history checks.

The FAQ outlines one limited exception. Napa police may arrest someone if officers confirm an outstanding criminal arrest warrant issued by a federal judge for an immigration-related criminal offense, such as illegal re-entry following conviction of an aggravated felony.

However, Napa police said the department does not honor civil immigration detainers or arrest people based solely on those requests.

The department also said it does not maintain records on the immigration status of victims, witnesses, or arrestees, does not ask about immigration status when someone requests a police report, and cannot deny access to a report because of immigration status.

In addition, Napa police said the department does not use Automated License Plate Reader technology for immigration enforcement.

The full immigration enforcement FAQ is available at https://www.cityofnapa.org/1417/Immigration-Enforcement.