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Consular Notification and Access: Instructions for Federal, State, and Local Law Enforcement and Other Officials Regarding Foreign nationals in the United States and the Rights of Consular Officials to Assist Them

NCJ Number
186534
Date Published
January 1998
Length
76 pages
Annotation
The report contains basic and detailed instructions and guidance in the arrest and detention of foreign nationals, ensuring that foreign governments provide appropriate consular services to their nationals in the United States and that the United States complies with its legal obligations to foreign governments.
Abstract
The report addresses the requirements pertaining to a foreign national that is arrested or detained, including the advisement of their rights, the notification process of the consular official, and the consular official’s access to the foreign national in detention. In addition, there are basic steps to be followed upon the arrest or detention of a foreign national, determining the national’s country, if the country is or is not on the mandatory notification list, and law enforcement keeping a written record of the notification process and actions taken. Thirteen translations are provided for two statements made to foreign nationals arrested or detained who do not understand English. Statement 1 is used if consular notification is at the national’s discretion, and Statement 2 is used if consular notification is mandatory. Legal provisions relating to notification and access are reviewed. A listing of foreign embassies and consulates in the United States is also provided.