Facts about immigration enforcement in Folsom

The City of Folsom Police Department focuses on building proactive community partnerships and providing a high level of service to all Folsom residents and visitors. We are focused on the enforcement of state and local laws and are committed to ensuring community safety and trust, regardless of a person's immigration status. The city created this Q&A to help answer questions about the Folsom Police Department's roles, responsibilities, and restrictions as it relates to immigration enforcement.

Frequently Asked Questions

Does the Folsom Police Department help Immigration and Customs Enforcement (ICE) with immigration enforcement?

No. Police officers in California are prohibited by state law from enforcing federal immigration law. The California Values Act specifically prohibits state and local law enforcement in California from using money or personnel to investigate, interrogate, detain, detect, or arrest persons for immigration enforcement purposes.

Can I be deported by the Folsom Police Department during a routine traffic stop or call for help?

No. The Folsom Police Department does not enforce federal immigration laws. Officers are prohibited from asking about a person's immigration status during routine traffic stops or calls for service for the purposes of immigration enforcement.

Can I be deported by the Folsom Police Department if I report a crime?

No. The Police Department does not enforce federal immigration laws. The Police Department is responsible for the safety and protection of all people and investigates crimes that have occurred, regardless of the immigration status of the person reporting the crime. If a victim's or witness's immigration status is discovered during an investigation, officers are prohibited from notifying ICE of their immigration status.

Can Folsom police officers stop someone to determine their immigration status?

No. Officers are prohibited from investigating, interrogating, or detaining someone only to determine immigration status. They also are prohibited from collecting or maintaining information about an individual to determine immigration status.

If an officer finds out I'm an undocumented immigrant, will the officer arrest me for a violation of a federal immigration law?

No. The Folsom Police Department does not make arrests based on a person's immigration status. State law and police department policy prohibit officers from asking about an arrested person's immigration status.

Can a Folsom police officer arrest someone who has an outstanding arrest warrant for violating a federal criminal immigration offense?

Yes. During an investigation, if an officer receives information that a person who has been detained or arrested has a criminal arrest warrant issued by a federal judge for an immigration-related offense, such as illegally re-entering the U.S. after having been convicted of an "aggravated felony" as defined by federal statute 8 U.S.C. § 1326(a)(b)(2) Illegal Re-entry after Conviction of an Aggravated Felony, the officer may arrest based upon the warrant after confirming the warrant and receiving watch commander approval.

The Folsom Police Department does not detain or arrest people based upon Civil Immigration Detainers.

Does the Folsom Police Department notify ICE that they have arrested someone who may have violated civil immigration laws?

No. State law prohibits officers from asking about or sharing the immigration status of a person who has been arrested. Federal authorities may become aware of a person when the person is arrested and processed into jail and the individual's fingerprints and other identifiers are submitted to the FBI as part of the regular booking process to determine an arrestee's identity and criminal history.

Does the Folsom Police Department keep records about the immigration status of a victim, witness, or arrestee?

No. State law prohibits the department from keeping information about the immigration status of a victim, witness, or arrestee.

Will the Folsom Police Department ask about my immigration status if I ask for a copy of a police report?

No. If you are a victim of a crime, you will not be asked about your status, and you cannot be denied access to a police report because of your immigration status.

Where can I learn more?

• More information is available from the National Immigration Law Center.
• To speak with the Folsom Police Department, call our business/non-emergency line at 916-461-6400.
• For emergencies, call 911.