Yes. Senate Bill 4 specifically applies to campus police, as well as police departments of cities, and counties.
SJC is bound to follow the Texas law. SJC Police Department is not immigration. Our officers are here to support student success and to promote a safe enviroment for our community.
No, not unless they are being detained or under arrest. Senate Bill4 only applies to officers asking immigration status of a person under lawful detention or under arrest. Police officers do not have the authority to arbitrarily ask students or anyone else about their immigration status. We need to educate our students that they should not have any fear of the police stopping them just to check their immigration status. It would be a violation of the law and policy to do so.
We cannot arrest soley for immigration status unless there is a federal warrant (an order from a federal judge to arrest an individual). If they have been arrested or detained for a crime they could be held in compliance with a federal ICE detainer (a request from federal authorities to hold someone on federal charges (in this case a violaton of immigraton law).
Under both circumstances we must comply with the law and either arrest and/or hold them. The main point here is to ensure everyone understands if they are not being arrested or detained for a crime we cannot ask their immigration status.
The law presently under legal challenge. Senate Bill 4 does not require local police agencies, like SJCPD to become active enforcers of federal immigration laws. Senate Bill 4 does prevent police agencies from prohibiting its police officers from inquiring about a person’s immigraon status during a lawful stop or arrest. SJCDP does not have a aspecific role in the enforcement of federal immigraiton laws, with the one exception: If an SJCPD officer has someone lawfully arrested and in our custody.
SJCPD would ask a student for identification to verify identity and students status for such matters as confirming an individuals right to be on SJC campuses. In such case, the studen and employee is required to present their SJC Identification card. A second example, if a student/employee is stopped on a traffic violation or officer has reasobable suspicion to believe the student/employee may be involved in a ciminal incident, the student and employee will be asked for a State Identification card.