In order to comply with state law requirements mandated by Section 3753 of Title 42 of the United States Code, which bases eligibility of federal grants under the Omnibus Control and Safe Streets Act, no local law shall prohibit a peace officer or custodial officer from identifying and reporting to the United States Immigration and Naturalization Service any person, pursuant to federal law or regulation, to whom both of the following apply:
(a) The person was arrested and booked, based upon the arresting officer’s probable cause to believe that the person arrested had committed a felony.
(b) After the arrest and booking in subdivision (a), the officer reasonably suspects that the person arrested has violated the civil provisions of the federal immigration laws.
(Added by Stats. 1993, Ch. 818, Sec. 1. Effective October 5, 1993.)
Last modified: October 25, 2018