United States of America v. State of California et al

Filing 75

DECLARATION of Joe Dominic in opposition to 2 Motion for Preliminary Injunction. (Attachments: # 1 Declaration of Chris Caligiuri, # 2 Declaration of Arif Alikhan, # 3 Declaration of Jim Hart, # 4 Declaration of Jeffrey Rosen, # 5 Declaration of Diana Carbajal, # 6 Declaration of Holly Cooper, # 7 Declaration of Tom Wong)(Sherman, Lee)

XAVIER BECERRA

Attorney General of California

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THOMAS PATTERSON

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MICHAEL NEWMAN
SATOSHI YANAI

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Senior Assistant Attorney General
Supervising Deputy Attorneys General

CHRISTINE CHUANG
ANTHONY HAKL
CHEROKEE DM MELTON
LEE I. SHERMAN

Deputy Attorneys General
State Bar No. 272271
300 S. Spring Street
Los Angeles, CA 90013
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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THE UNITED STATES OF AMERICA,

Case No. 2:18-cv-00490-JAM-K.JN

Plaintiff,
DECLARATION OF ARIF ALIKHAN
IN SUPPORT OF DEFENDANTS'
OPPOSITION TO PLAINTIFF'S
MOTION FOR PRELIMINARY
THE STATE OF CALIFORNIA; EDMUND INJUNCTION
GERALD BROWN JR., Governor of
California, in his official capacity; and
XAVIER BECERRA, Attorney General of
Judge: Honorable John A. Mendez
California, in his official capacity,
Action Filed: March 6, 2018

v.

Defendants.

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Deel. of Arif Alikhan in Supp. ofDefs.' Opp'n to Pl.'s Mot. for Prelim. Inj.
(18-cv-00490-JAM-KJN)

I, Arif Alikhan, declare as follows:
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I have personal knowledge of all facts stated except for those facts specifically

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stated to be based on information and belief. If called as a witness, I could and would testify

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competently to the information set forth in this Declaration.

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2.

I have been employed with the Los Angeles Police Department ("LAPD") since

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February of 2014. I am the Director of the Office of Constitutional Policing and Policy and serve

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as the highest-ranking civilian in the LAPD.

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3.

I have previously served as a federal prosecutor in Los Angeles where I prosecuted

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numerous federal immigration and violent crime offenses. In addition, I served in senior policy

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positions at the United States Department of Justice and United States Department of Homeland

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Security in both the Bush and Obama Administrations, and have extensive experience and

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knowledge of federal law enforcement and federal immigration enforcement law. I also served as

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the Deputy Mayor for Homeland Security and Public Safety for the City of Los Angeles where I

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oversaw community policing and gang reduction efforts by the City's law enforcement and city

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services agencies.

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4.

As the Director of Constitutional Policing and Policy, I am aware of and familiar

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with LAPD's various policies and practices including those regarding criminal immigration

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enforcement, joint operations and task forces with federal law enforcement agencies such as U.S.

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Immigration and Customs Enforcement, the transfer of arrestees to other agencies, and the

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sharing of criminal investigative and custodial information with other entities and the public. I

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am also familiar with local, state, and federal law involving the detention, arrest, transfer, and

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sharing of information with the other law enforcement entities.

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5.

The mission of the LAPD is to protect and to serve all community members from

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crime and disorder regardless of an individual's race, ethnicity, or civil immigration status. For

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over forty years, the LAPD has implemented numerous policies and procedures to ensure that its

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enforcement of the law is consistent with local, state, and federal restrictions and is done so in a

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constitutional and just manner.

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Deel. of Arif Alil<han in Supp. ofDefs.' Opp'n to Pl.'s Mot. for Prelim. Inj.
(18-cv-00490-JAM-KJN)

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6.

The LAPD has implemented numerous policies and programs that promote

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partnership, collaboration, and transparency with the communities it serves to reduce crime and

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improve the public's trust in law enforcement actions. Through a robust community policing

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strategy implemented since the civil disturbances of 1992, the LAPD and community members

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have driven down violent crime to record lows. In addition, the LAPD, in collaboration with

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community members, has dramatically reduced the level of gang violence to previously-

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unexpected lows, especially in areas with large concentrations of immigrant communities.

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In 1979, the LAPD began a policy known as Special Order 40- adopted by the

Los Angeles Board of Police Commissioners and signed by then-Chief of Police Daryl Gates.

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Special Order 40 restricted an officer from initiating a police action with the objective of

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discovering a person's immigration status, and also prohibited misdemeanor arrests for violations

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of Title 8, United States Code Section 1325 (Improper Entry).

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This policy was adopted to ensure that individuals, regardless of their civil

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immigration status, would report crimes to the LAPD and assist the LAPD in apprehending and

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prosecuting those individuals responsible for criminal acts.

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The provisions of Special Order 40, which are reflected in various forms in

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LAPD's existing policies and procedures, are also consistent with current federal and state law

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since the policy restricts initiating a detention based on an individual's civil immigration status or

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arresting an individual for a misdemeanor violation that did not occur in the officer's presence.

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In 2014, LAPD adopted a practice ofno longer detaining individuals otherwise

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eligible for release from custody under state law on the basis ofrequests from U.S. Immigration

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and Customs Enforcement ("ICE"). LAPD ceased detaining individuals based on these agency

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requests unless they were accompanied by a judicial determination of probable cause that the

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arrestee was involved in a criminal offense or an otherwise valid warrant from a judicial officer.

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This practice was developed in response to judicial decisions holding that such detentions were

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unconstitutional. In addition, this practice further supports LAPD's robust community policing

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strategy focused on preventing crime through community partnerships, collaborative problem

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Deel. of Arif Alikhan in Supp. ofDefs.' Opp'n to PL 's Mot. for Prelim. Inj.
(18-cv-00490-JAM-KJN)

solving, and building public trust-essential components to r.educing crime and protecting the
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public from harm.

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When a member of LAPD arrests an individual in connection with a criminal

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offense, the arrestee may be cited and released in the field, or taken to one of LAPD's ten jail

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detention facilities for booking. Those LAPD jail facilities are local detention facilities used for

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the temporary, short-term detention of person who are generally not held for more than 96 hours.

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In most instances, persons arrested by LAPD officers are released on bail or transferred to the

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custody of the Los Angeles County Sheriffs Department within 48 hours. In many instances,

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arrestees are eligible for release from custody within a few hours of arrest and booking, including

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by posting bail or bond, on their own recognizance, or by a certificate of release. The short-term

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nature o(LAPD's detention therefore makes it impractical for LAPD to provide notice to ICE in

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advance of releasing a detainee.

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12.

While arrestees are in LAPD custody, LAPD permits personnel from the U.S.

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Department of Homeland Security ("DHS") and ICE access to LAPD detention facilities to

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interview individual arrestees. LAPD does so consistent with California law which requires

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obtaining informed, written consent prior to any such interview. If the arrestee declines the

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interview, tlie LAPD does not provide DHS or ICE personnel access to its facilities in order to

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interview that individual.

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LAPD also has a policy, consistent with state and federal law, against participating

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with ICE to enforce civil immigration law. This includes participation in the federal

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government's voluntary program authorized under Section 1357(g) of Title 8 of the United States

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Code. Otherwise known as "287(g) authority," this program authorizes local law enforcement

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officers to perform civil immigration enforcement if the agencies meet the qualification and

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training requirements and are granted the civil enforcement authority by the federal government.

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14.

I am familiar with the provisions Senate Bill 54 ("SB 54"), adopted by the State

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Legislature and approved by the Governor on October 5, 2017. The mandates adopted in SB 54

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largely are consistent with LAPD's previous and often long-standing, policies regarding civil and

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criminal immigration enforcement.

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Deel. of Arif Alikhan in Supp. ofDefs.' Opp'n to Pl.'s Mot. for Prelim. Inj.
(I 8-cv-00490-JAM-KJN)

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SB 54 prohibits local law enforcement agencies from inquiring into an individual's

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immigration status, detaining an individual on the basis of a hold request, allowing federal

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immigration authorities access to interview an individual in custody unless in compliance with

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state statutory requirements, and performing the functions of an immigration officer pursuant to

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Section I357(g) of Title 8 of the United States Code. As discussed above, LAPD's existing

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policies and procedures already provide for these restrictions and therefore SB 54 does not

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substantially change LAPD's practices regarding these activities.

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SB 54' s mandates relating to the treatment of information regarding individuals in

LAPD custody also do not change existing LAPD policies and practices in a meaningful way. SB

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54' s restrictions against providing the release date of a person in LAPD custody or personal

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information such as an individual's home or work address generally are consistent with existing

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LAPD policies limiting public disclosure of personal information concerning inmates and do not

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change LAPD's practices regarding such information. SB 54's limitations on transferring

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individuals in LAPD custody to federal immigration authorities also do not change existing

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LAPD policies or practices.

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LAPD's policies regarding immigrant communities are rooted in a commitment to

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constitutional policing and to the principle that all of Los Angeles is safer when our officers

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maintain a relationship of trust, respect and cooperation with the City's residents. The

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cooperation of immigrant communities to report crimes and assist in the investigation and

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of all members of the community. When people feel confident they can come forward as a victim

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or a witness to a crime, irrespective of civil immigration status, LAPD's ability to reduce violent

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crimes, especially those involving violent gang members, is significantly improved.

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The policy behind Special Order 40, as expressed by the LAPD Board of Police

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Commissioners nearly forty years ago, is "the principle that effective law enforcement depends

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on a high degree of cooperation between the Department and the public it serves." The State

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Legislature expressed a similar policy in adopting SB54: "A relationship of trust between

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Deel. of Arif Alikhan in Supp. of Defs.' Opp 'n to Pl.' s Mot. for Prelim. Inj.
( l 8-cv-00490-JAM-KJN)

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California's immigrant community and state and local agencies is central to the public safety of

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the people of California." (Cal. Gov't Code§ 7284.2(b)).

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Trust, respect and cooperation are essential to public safety in Los Angeles.

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LAPD's long-standing policies and practices promote and maintain those principles. On the other

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hand, if immigrant communities fear that LAPD officers are acting as agents of federal

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immigration authorities, the relationship between the police and these communities will erode.

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Immigrant communities will be less willing to report crimes and cooperate with criminal

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investigations - and threaten the public safety of all who live and work in Los Angeles.

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I declare under penalty of perjury under the laws of the United States that the foregoing is

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true and correct and that this declaration was executed on April 30, 2018 in Los Angeles,

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California.

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Deel. of Arif Alikhan in Supp. ofDefs.' Opp'n to Pl.'s Mot. for Prelim. Inj.
(18-cv-00490-JAM-KJN)