The following definitions should be adopted with the model policies and guidance herein. These definitions are based on the definitions provided in Keep Washington Working (KWW)¹ , the Courts Open to All Act (COTA),² other relevant statutory provisions,³ and Washington State Court Rules.

• “Civil immigration warrant” means any warrant for a violation of federal civil immigration law issued by a federal immigration
  authority. A “civil immigration warrant” includes, but is not limited to, administrative warrants entered in the national crime
  information center database, warrants issued on ICE Form I-200 (Warrant for Arrest of Alien), Form I-205 (ICE Administrative
  Warrant), or prior or subsequent versions of those forms, which are not court orders.
   
• “Court order” and “judicial warrant” mean a directive issued by a judge or magistrate under the authority of Article III of the
  United States Constitution or Article IV of the Washington Constitution. A “court order” includes, but is not limited to, judicially
  authorized warrants and judicially enforced subpoenas. Such orders and warrants do not include civil immigration warrants, or
  other administrative orders, warrants or subpoenas that are not signed or enforced by a judge or magistrate as defined in this
  section. 
   
•  “De-identified” means information that does not identify an individual and with respect to which there is no reasonable basis to
  believe that the information can be used to identify an individual.
   
• “Federal immigration authority” means any on-duty officer, employee, or person otherwise paid by or acting as an agent of the United States (U.S.) Department of Homeland Security (DHS) including, but not limited to, its sub-agencies, Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), U.S. Citizenship and Immigration Services (USCIS), and any present or future divisions thereof charged with immigration enforcement. “Federal immigration authority” includes, but is not limited to, the Enforcement & Removal Operations (ERO) and Homeland Security Investigations (HSI) of ICE, or any person or class of persons authorized to perform the functions of an immigration officer as defined in the Immigration and Nationality Act.
   
• “Hold request” or “immigration detainer request” means a request from a federal immigration authority, without a court order,
  that a state or local law enforcement agency maintain custody of an individual beyond the time the individual would otherwise
  be eligible for release in order to facilitate transfer to a federal immigration authority. A “hold request” or “immigration detainer
  request” includes, but is not limited to, DHS Form I-247A (Immigration Detainer–Notice of Action) or prior or subsequent
  versions of form I-247.Detainers issued on ICE Form I-247 are not court orders
   
• “Immigration detention agreement” or “IGSA” means any contract, agreement, intergovernmental service agreement, or
  memorandum of understanding that permits a state or local law enforcement agency or officer to house or detain individuals
  for federal civil immigration violations.
   
• “Immigration or citizenship status” means such status as has been established to such individual under the Immigration and
  Nationality Act.
   
• “Language services” includes but is not limited to translation, interpretation, training, or classes. “Translation” means written
  communication from one language to another while preserving the intent and essential meaning of the original text.
  “Interpretation” means transfer of an oral communication from one language to another. 
   
• “Law enforcement agency” or “LEA” means any agency of the state of Washington (state) or any agency of a city, county,
  special district, or other political subdivision of the state (local) that is a “general authority Washington law enforcement
  agency,” as defined by RCW 10.93.020, or that is authorized to operate jails or maintain custody of individuals in jails; or to
  operate juvenile detention facilities or to maintain custody of individuals in juvenile detention facilities; or to monitor compliance
  with probation or parole conditions. 
   
• “Local government” means any governmental entity other than the state, federal agencies, or an operating system established
  under chapter 43.52 RCW. It includes, but is not limited to, cities, counties, school districts, and special purpose districts. It
  does not include sovereign tribal governments.
   
• “Necessary to perform duties” means that, after following appropriate procedures to verify a course of action, no reasonably
  effective alternative appears to exist that would enable the performance of one’s legal duties and obligations.
   
• “Notification request” means a federal immigration authority’s request for affirmative notification from a state or local law enforcement agency of an individual’s release from the LEA’s custody. “Notification request” includes, but is not limited to, oral or written requests, including DHS Form I-247A, Form I-247N, or prior or subsequent versions of those forms.
   
• “Personal information” means names, date of birth, addresses, GPS [global positioning system] coordinates or location,
  telephone numbers, email addresses, social media handles or screen names, social security numbers, driver’s license
  numbers, parents’ or affiliates’ names, biometric data, or other personally identifiable information. “Personal information” does
  not include immigration or citizenship status.
   
• “Physical custody of the department of corrections” means only those individuals detained in a state correctional facility but
  does not include minors detained pursuant to chapter 13.40 RCW, or individuals in community custody as defined in RCW
  9.94A.030 including those serving a term of detention at a local LEA due to a community custody violation.
   
• “School resource officer” or “SRO” means a commissioned law enforcement officer in the state of Washington who has sworn
  authority to uphold the law and who is assigned by the employing police department or sheriff ’s office to work in schools to
  ensure school safety. 
   
• “State agency” has the same meaning as provided in RCW 42.56.010.
   
• “T visa” is a temporary immigration benefit under 8 U.S.C. § 1101 (a)(15)(T), as further defined in RCW 7.98.010(1), that
  enables victims of a severe form of human trafficking and certain qualifying family members to remain in the United States for
  four years or longer if they have assisted law enforcement in an investigation or prosecution of human trafficking.
   
• “U visa” is a temporary immigration benefit under 8 U.S.C. § 1101 (a)(15)(U), as further defined in RCW 7.98.010(1), that
  enables victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or
  government officials in the investigation or prosecution of criminal activity, and certain qualifying family members, to remain in
  the United States for four years or longer.

1 RCW43.17.420
2 SHB 2567, Laws of 2020 CH. 37 § 2
3 See, e.g., RCW 7.98.010; RCW 19.255.005, 19.270.010, 19.375.010; RCW 42.56.230, .640.

1. The federal government, not the Federal Way Police Department, has primary jurisdiction over the enforcement of federal immigration law. The Federal Way Police Department recognizes that removal from the United States, including investigations and arrests made as part of that process, is a civil matter overseen by federal immigration authorities. The Federal Way Police Department recognizes that unauthorized presence in the United States, standing alone, is not a violation of state or local law. The immigration or citizenship status of an individual or an individual’s presence in, entry or reentry to, or employment in the United States alone is not subject to enforcement by the Federal Way Police Department or its personnel. The Federal Way Police Department shall presume any federal immigration authority acting on official duty to be engaged in immigration enforcement.
    
   
   1. Federal Way Police Department personnel shall not engage or assist in civil immigration enforcement
       
   2. Federal Way Police Department resources, including any individuals’ personal information ascertained by the Federal Way
      Police Department or its officers, shall not be used or shared to assist in civil immigration enforcement.
       
   3. The Federal Way Police Department shall review all methods and forms used to communicate with persons engaged, or
      intending to engage, in immigration enforcement, including federal immigration authorities, or data fields for immigration or
      citizenship status existing prior to May 21, 2020, and modify them as necessary to be consistent with these policies.
       
   4. All Federal Way Police Department personnel shall complete the Federal Way Police Department’s mandatory training
      regarding immigration enforcement policies and procedures and compliance with all other requirements of RCW 10.93.160.
       
2. Federal Way Police Department’s personnel shall not initiate or participate in any law enforcement action based solely on an
   individual’s immigration or citizenship status, or place of birth, or in any other way attempt to enforce or assist in the enforcement of
   federal civil immigration laws or policies.
    
3. Federal Way Police Department personnel shall not inquire about any person’s immigration or citizenship status, or place of birth,
   unless the information is directly connected to the Federal Way police officer’s investigation into a violation of state or local law.
4. Federal Way Police Department’s policies prohibiting participation or aid in immigration enforcement shall apply for enforcement
   activity against all persons, including Federal Way Police Department personnel.
    
5. Federal Way Police Department personnel shall not conduct investigations, interviews, questioning, take statements, or otherwise
   engage in similar contact with any individual in the presence, including within hearing distance, of any person engaged, or intending to engage, in immigration enforcement, including a known federal immigration authority, unless the person’s presence is directly connected to the Federal Way Police Department’s investigation into a violation of state or local criminal law and necessary to perform the Federal Way police officer’s duties.
    
6. Federal Way Police Department personnel shall not arrest, detain, take into custody, or otherwise hold any person solely to
   determine their citizenship or immigration status unless the information is directly connected to the Federal Way police officer’s
   investigation into a violation of state or local law.
    
7. Civil immigration warrants, hold requests, and immigration detainer requests do not establish probable cause and shall not be the
   basis for any Federal Way police officer to arrest, detain, or otherwise hold any person in custody.
    
8. If Federal Way Police Department personnel receive a court order or judicial warrant authorizing any person engaged, or intending to engage, in immigration enforcement, including federal immigration authorities, to assume custody of an in-custody individual, Federal Way police officers shall immediately contact the Chief of Police or authorized designee to determine the appropriate course of action.
    
   
   1. Before authorizing any arrest, detention, or hold, the Chief of Police or authorized designee shall confirm that the federal
      criminal arrest warrant is issued and signed by a U.S. District Court Judge or Magistrate Judge authorizing the holding or
      detention of the individual by:
       
      
      1. Obtaining a copy of the warrant;
      2. Identifying the criminal charge and citation to the federal law violation for which the warrant was
         issued;
      3. Identifying which U.S. District Court issued the warrant; 
      4. Verifying that the warrant includes the correct date and location for detention; and
      5. Confirming that a U.S. District Court Judge or Magistrate’s signature is on the warrant.
          
   2. The Chief or authorized designee shall not disclose the location of the Federal Way police officer or individual to any person
      engaged, or intending to engage, in immigration enforcement, including federal immigration authorities, before or during the
      warrant confirmation process.
       
9. All requests for assistance by any person engaged, or intending to engage, in immigration enforcement, including federal
   immigration authority, whether oral or written, shall be directed to the Chief of Police or authorized designee to determine an
   appropriate course of action.
    
10. Federal Way Police personnel shall not assist or participate in any joint operations, task forces, or any other activities that support
    or constitute immigration enforcement actions with any person engaged, or intending to engage, in immigration enforcement, including federal immigration authorities, without prior approval, in writing, from the Chief of Police or authorized designee.

1. Federal Way Police Department personnel shall not inquire about or request any documents or information from a person for the
   purpose of determining the person’s immigration or citizenship status, or place of birth, unless the information is directly connected
   to the Federal Way police officer’s investigation into a violation of state or local law.
    
2. Federal Way Police Department personnel processing fingerprint card or Automated Biometric Identification System (ABIS)
   submissions shall enter “Unknown” for these fields addressing immigration or citizenship status unless the information is otherwise
   known.
    
3. Federal Way Police Department personnel shall not take enforcement action or otherwise use immigration or citizenship status, or
   place of birth information, against crime victims or witnesses.
    
4. Federal Way Police Department personnel shall use the language line 1-800-523-1786 (See rolodex for client ID information) or
   other approved resources for any language services necessary to perform duties for the Federal Way Police Department. Personnel shall not utilize or accept language services from any person engaged in, or intending to engage, in immigration
   enforcement, including federal immigration authorities. Personnel shall presume that federal immigration authorities are engaged
   in immigration enforcement

1. Within 72 hours of detention at the police station or jail, the Federal Way Police Department shall inform, verbally and in writing, all
   persons taken into custody or otherwise detained at the police station or jail, regardless of their known or perceived nationality,
   citizenship, or immigration status, that:
    
   
   1. The person has the right to refuse to disclose information about their nationality, citizenship, or immigration status; and
       
   2. Disclosure of such information may result in civil or criminal immigration enforcement against them, including removal from
      the United States.
       
2. If any Federal Way Police Department personnel becomes aware that a person in custody is a foreign national, the officer shall
   immediately contact the Chief of Police or authorized designee to determine the appropriate course of action.
    
   
   1. If the person’s country is a signatory to the Vienna Convention on Consular Relations or other bilateral agreement regarding
      consular notifications, the Chief of Police or authorized designee shall provide the person the appropriate consular notification
      advisement recommended by the U.S. State Department—that the person has the right to request that their foreign consul be
      notified of their detention and to communication with their foreign consul, or that the LEA is required to notify the person’s
      consular officers, if they are a member of a mandatory notification country.
       
   2. The Chief of Police or authorized designee shall notify the person’s foreign consul of their detention without delay if the
      person is a national of one of the 56 mandatory notification countries or if the person requests their foreign consul be notified.
       
   3. The Chief of Police or authorized designee shall permit the foreign consul access to the person and forward any
      communication from the foreign national to the person’s consular officers without delay

1. Federal Way Police Department personnel shall not share, provide, or disclose personal information about any person to anyone
   engaged, or intending to engage, in immigration enforcement, including federal immigration authorities, without a court order or
   judicial warrant requiring the information’s disclosure, except that the Federal Way Police Department shall provide all records as
   required under the Public Records Act, chapter 42.56 RCW. Public records requests shall be processed pursuant to Federal Way
   Police Department procedures by the Public Records Coordinator or designee. Any Federal Way Police Department personnel
   receiving a public records request shall forward the request to the Public Records Coordinator and notify the Chief of Police or
   authorized designee.
    
2. Federal Way Police Department personnel shall not provide or disclose information in response to any notification request or other
   immigration enforcement related request for information regarding a person’s release date from custody without a court order or
   judicial warrant, except that the Federal Way Police Department shall provide all records as required by the Public Records Act,
   chapter 42.56 RCW, in response to any qualifying request.
    
3. If Federal Way Police Department personnel receive a court order or judicial warrant that mandates the sharing of information
   regarding a person’s immigration or citizenship status, Federal Way Police Department personnel shall provide the information as
   required by the court order or judicial warrant. Any Federal Way Police Department personnel who shares or discloses a person’s
   immigration or citizenship status to any person engaged, or intending to engage, in immigration enforcement, including a federal
   immigration authority, shall immediately notify the Chief of Police or authorized designee of the information provided,
   reason for sharing said information, and identity of the person and agency to whom the information was shared.
    
   
   1. The Chief of Police or authorized designee shall log all instances of Federal Way Police Department personnel sharing any
      person’s immigration or citizenship status with a person engaged, or intending to engage, in immigration enforcement,
      including federal immigration authorities, with the basis for sharing the information. The log shall be a public record and shall
      be made publicly available except that information may be redacted or withheld as permitted by the Public Records Act.

1. Federal Way Police Department personnel shall not permit anyone engaged, or intending to engage, in immigration enforcement, including federal immigration authorities, to access any person held, detained, or in Federal Way Police Department custody without obtaining the person’s prior consent in writing, unless a court order or judicial warrant requiring such access is presented.
    
   
   1. To obtain written consent from a person held, detained, or in custody, prior to being interviewed by anyone engaged, or
      intending to engage, in immigration enforcement, including a federal immigration authority, the Federal Way police officer shall
      provide the person with an oral explanation and a written consent form that explains:
       
      
      1. The purpose of the interview;
      2. That the interview is voluntary;
      3. That the person may decline to be interviewed and will not be punished or suffer retaliation for doing so; and
      4. That the person may choose to be interviewed only with the person’s attorney present.
          
   2. Federal Way police officers shall provide the oral explanation and consent form in a language understood by the person or
      by using an approved language service if the person is unable to read the form or if the form is not available in a language the
      person understands. The Federal Way Police Department shall maintain copies of the consent form in English, Spanish, and
      any other language that the department deems appropriate.
       
   3. If a person chooses to be interviewed with their attorney present, Federal Way police officers shall promptly attempt to
      contact the attorney. Federal Way police officers shall not proceed with permitting any interview to take place prior to the
      person’s first court appearance and counsel has been retained, appointed, or the person has chosen to proceed pro se.

1. Persons held, detained, or otherwise in the custody of Federal Way Police Department are entitled to, and shall be provided, the
   same services, benefits, privileges, rights, opportunities, and resources regardless of their nationality, or immigration or citizenship
   status.
    
2. Federal Way Police Department personnel shall not deny or otherwise limit any person held, detained, or otherwise in custody such services, benefits, privileges, rights, opportunities, or resources based on any civil immigration warrant, hold request, immigration detainer request, notification request, administrative subpoena or similar request by a person engaged, or intending to engage, in immigration enforcement, including a federal immigration authority, or indication of the person’s nationality, immigration or citizenship status. 
    
3. Federal Way police officers shall not transfer custody of any person held, detained, or otherwise in the custody of the Federal Way
   Police Department to any person engaged, or intending to engage, in immigration enforcement, including a federal immigration
   authority, without court order or judicial warrant. If presented with such an order by a person engaged, or intending to engage, in
   immigration enforcement, including by a federal immigration authority, to take custody of a person in Federal Way Police Department custody, Federal Way police officers shall immediately contact the Chief of Police or authorized designee to determine an appropriate course of action. 
    
   
   1. Before authorizing any transfer of custody, the Chief of Police or authorized designee shall confirm that the court order is
      issued and signed by a U.S. District Court Judge or Magistrate Judge and authorizes the holding or detention of the individual
      by:
       
      
      1. Obtaining a copy of the court order;
      2. Confirming that a U.S. District Court Judge or Magistrate signed the court order; 
      3. Confirming that the court order identifies the individual for whom the transfer of
         custody is sought by name; and
      4. Verifying that the court order has a valid date or is not otherwise expired or previously
         executed.
          
   2. The Chief of Police or authorized designee shall not disclose the location of the individual to any person engaged in, or
      intending to engage in, immigration enforcement, including federal immigration authorities, before or during the
      process of confirming the court order.
       
4. The Federal Way Police Department shall not deny or otherwise limit any person’s social visitation solely on the basis of the person’s inability to effectively communicate through video-visitation technology. The Federal Way Police Department shall not collect immigration or citizenship status information of persons visiting an individual in custody and shall minimize collection of visitors’
   personal information to the extent necessary to perform duties of the Federal Way Police Department. Personnel shall not disclose or otherwise share visitors’ personal information with any person engaged, or intending to engage, in immigration enforcement,
   including federal immigration authorities, absent a court order or judicial warrant for the information or approval by the Chief of Police or authorized designee.

1. Federal Way Police Department personnel and School Resource Officers (SROs) shall not enter into any contract, agreement, or
   other arrangement, whether written or oral, that would grant federal immigration enforcement authority or powers to the Federal Way police officers, including but not limited to agreements created under 8 U.S.C. Sec. 1357(g), also known as 287(g) agreements under the Immigration and Naturalization Act.
    
2. The Federal Way Police Department shall not be a party to any agreement, joint operation, task force, or other multi-jurisdictional
   activity with any person engaged, or intending to engage, in immigration enforcement, including federal immigration authorities,
   without legally binding assurances, in writing and pre-approved by the Chief of Police, that no Federal Way Police Department
   resources, including any individuals’ personal information ascertained by Federal Way Police Department or its personnel, shall be
   used to support or assist with civil immigration enforcement in any way. 
    
3. Federal Way Police Department officers shall not assist or participate in any joint operations, task forces, or other activities that
   support or constitute immigration enforcement actions with any person engaged, or intending to engage, in immigration
   enforcement, including federal immigration authorities, without prior approval, in writing, from the Chief of Police or authorized
   designee.
    
4. The Federal Way Police Department shall not be a party to any immigration detention agreement, IGSA, or other arrangement with
   any person engaged, or intending to engage, in immigration enforcement, including federal immigration authorities, providing for
   detention of any person by Federal Way police officers or using department resources for immigration enforcement purposes.
    
5. Federal Way Police Department personnel and SRO’s shall not be a party to any agreement or contract for language services,
   including translation, interpretation, training or classes, from any person engaged, or intending to engage, in immigration
   enforcement, including federal immigration authorities, nor shall any language services be accepted by Federal Way Police
   Department personnel from any person engaged, or intending to engage, in immigration enforcement, including a federal
   immigration authority, for free or otherwise. Federal Way Police Department personnel shall presume federal immigration authorities are engaged in immigration enforcement.
    
6. All Federal Way Police Department agreements permitting access to department databases or information shall include legally
   binding assurances that all other parties to those agreements shall not use or share Federal Way Police Department information or
   database access with any third parties supporting or engaged in immigration enforcement activities.

1. All U and T Visa certification requests under the Washington Safety and Access for Immigrant Victims Act, RCW 7.98.020, shall be
   forwarded without delay to the Chief of Police or authorized designee.
    
   
   1. The fact of any request for U or T Visa certification and any personal information submitted with such request shall not be
      disclosed or shared outside of Federal Way Police Department, legal counsel, or the county prosecuting attorney without a
      court order or judicial warrant, or approval by the Chief of Police or authorized designee unless expressly authorized, in
      writing, by the subject of the request or the subject’s guardian, or as otherwise required by law.
       
   2. The Chief of Police or authorized designee shall review any U or T Visa certification request submitted to Federal Way
      Police Department in full and verify all information submitted in support of the certification request using existing Federal Way
      Police Department records, personal knowledge, or other available evidence. The Police Chief or authorized designee may
      confer with legal counsel and/or the county prosecuting attorney to determine whether certification by the Federal Way Police
      Department is proper. 
       
   3.  Federal Way police officers shall not leverage U or T Visa certifications as a means to compel any victim or witness to
      cooperate with their investigations.
       
2. The Chief of Police or authorized designee shall process U and T Visa certification requests within 90 days of receipt by the Federal Way Police Department, except under circumstances requiring a shorter timeframe. 
    
   
   1. Any U or T Visa certification request for a person in federal removal proceedings shall be immediately processed by the
      Chief of Police or authorized designee such that the certification, if approved, is executed within 14 days of receiving the
      request.
       
   2. U or T Visa certifications shall be expedited upon request for any person who will, or whose child(ren) will, reach age 21
      before the 90-day processing deadline date and thus will otherwise lose their benefits. In any such instance, the Chief of
      Police or authorized designee shall execute the certification, if approved, no later than 14 days before the person or child turns
      21 years old. 
       
3. All Federal Way police officers shall complete required training on U and T Visa certifications and review the full instructions for
   completing U and T Visa certification forms on the Washington State Department of Commerce, Safety and Access for Immigrant
   Victims Program website.