Consular Notification: Standard Operating Procedure 2 in the United States
See:
- Consular Notification: Standard Operating Procedure
- Consular Notification: Standard Operating Procedure 3
C. Consular Notification Procedures
Obligation triggered 1. at time of booking. The notification process will begin at
the time the arrested foreign national is booked into the detention facility. The
booking officer who processes the foreign national is responsible for implementing
the notification process.
2. Determine the foreign national’s country. In the absence of other information, assume
this is the country on whose passport the foreign national travels. Absent citizenship documentation or other evidence to the contrary, accept the foreign national’s own statement as to his or her nationality.
3. Determine whether or not this country is a mandatory notification (“list”) country. If the
foreign national’s country is not on the list of “mandatory notification” countries, he or
she is from an “upon request” country.
a. For foreign nationals whose country is on the list of mandatory notification
countries:
i. Notify the nearest consulate of the foreign national’s country via fax
immediately or as soon as reasonably possible, and in no case longer than
the end of the booking shift. Notify the consulate even if the foreign national
does not want notification. Contact information for consulates is at www.
travel.state.gov/consularnotification.
ii. Never tell the consular officer that the foreign national has requested
asylum. If the consular officer insists on information the foreign national
does not want disclosed, contact your supervisor or the Department of State
at (202) 647-4415.
iii. Inform the foreign national that you notified his or her consulate. You may
use the sample statement, available in several languages, at www.travel.
state.gov/consularnotification.
iv. Make a note of the completed notification in the case file and keep
the fax and fax confirmation sheet.
b. For foreign nationals whose country is not on the list of mandatory notification countries:
i. As soon after the arrest as reasonably possible but no later than booking,
inform the foreign national that he or she may have his or her consular
officers notified of the arrest or detention. You may use the sample
statement, available in several languages, at www.travel.state.gov/
consularnotification.
ii. Make a note of the foreign national’s decision in the case file.
iii. If the foreign national requests notification, notify the nearest
consulate of the foreign national’s country as soon as reasonably
possible but no later than 72 hours after arrest. Contact information for
consulates is at www.travel.state.gov/consularnotification.
iv. Never tell the consular officer that the foreign national has requested
asylum. If the consular officer insists on information the foreign national
does not want disclosed, contact your supervisor or the Department of State
at (202) 647-4415.
v. Make a note of the completed notification in the case file and keep
the fax and fax confirmation sheet.