Arrest & Detention of Foreign Nationals


Steps to follow when a foreign national is arrested or detained:

1. Determine the foreign national’s country. In the absence of other information, assume this is the country on whose passport or other travel document the foreign national travels.

2. If the foreign national’s country is not on the mandatory notification list than:

Offer, without delay, to notify the foreign national’s consular officials of the arrest / detention; and,

If the foreign national asks that consular notification be given, notify the nearest consular officials of the foreign national’s country without delay.

3. If the foreign national’s country is on the list of mandatory notification countries than:

Notify that country’s nearest consular officials, without delay, of the arrest / detention; and,

Tell the foreign national that you are making this notification; and,

4. Keep a written record of the provision of notification and actions taken.

5. These steps should be followed for all foreign nationals, regardless of their immigration status.

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