Law enforcement agencies should adhere to the guidance provided by the U.S. Department of State concerning consular notification and access based on treaty obligations. Adherence to these obligations helps foreign governments provide assistance to foreign nationals arrested in the United States and helps the U.S. government protect U.S. citizens abroad. Agencies should ensure that all foreign nationals are treated with respect and provided with immunities under international law where applicable.

This document contains instruction and guidance on consular notifications and access required upon the arrest, detention, or death of foreign nationals.

03/2025 Update:  In addition to this guidance, please reference the IACP's Immigration Policy Fact Sheet, IACP's Immigration Enforcement Addendum, and the U.S. Department of State Consular Notification and Access Manual located below. 

IACP Immigration Policy Fact Sheet

IACP Immigration Enforcement Addendum

U.S. Department of State Consular Notification and Access Manual 

This topic has been archived - it is intended for reference purposes only and will not be updated.

Custodial interrogations of suspects and the statements and confessions that are elicited are vitally important in the preparation of criminal cases. However, to be admissible as evidence, statements and confessions must be given freely and voluntarily and with due consideration for the suspect’s right to silence and right to counsel. Therefore, law enforcement agency should ensure that all officers understand and follow applicable agency policy in order to observe due process rights of suspects and to guard against any charges of police coercion or intimidation during interrogation.

These documents provide officers with legally sound procedures for conducting custodial interrogations.

This topic has been archived - it is intended for reference purposes only and will not be updated. 

Litigation against law enforcement officers can be extremely expensive and harmful to the reputation of the department and its employees. Therefore, law enforcement agencies should (1) take such proactive measures as are possible to avoid civil litigation through personnel training, supervision, and adherence to departmental policy and procedures among other means; (2) take such steps as are necessary following high-risk incidents to document the event and actions of agency employees; and (3) maintain a strong and coordinated response to civil litigation involving the agency and its employees.

These documents provide guidelines for (1) responding to law enforcement activities that represent a potential high risk of civil liability in a manner that will decrease this risk level, and (2) responding to civil litigation that involves the department or its employees.

This topic has been archived - it is intended for reference purposes only and will not be updated. 

Law enforcement agencies should prohibit retaliatory conduct against or interference with an employee who reports, assists, or seeks to report breaches of department policy, procedures, or rules or engages in activities protected by whistleblower statutes.

These documents are designed to complement departmental integrity and avoid hostile treatment of fellow employees by requiring the mandatory reporting of serious infractions of departmental policy, procedure, or rules and by prohibiting retaliatory conduct or action against employees who make such reports.