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Special Order 40

Special Order 40 was enacted in 1979 by the Los Angeles City Council and Los Angeles
Police Chief Daryl Gates, directing police officers not to initiate police action “with the objective
of discovering the alien status of a person” or to arrest or book persons in violation of federal
immigration laws. Supporters of the order argue that the order is necessary to encourage illegal
immigrant crime victims and witnesses to report crimes to police. Critics argue that the order
encourages illegal immigration and prevents police from identifying and detaining suspected alien
criminals and gang members for federal immigration authorities. In 2006, public interest group
Judicial Watch filed suit against the Los Angeles Police Department arguing that police should
not undermine the nation’s immigration laws. Most recently, in 2008, the alleged murder of
7-year-old Jamiel Shaw, son of a U.S. Army sergeant serving in Iraq, by a suspected illegal
immigrant gang member, raised calls to remove Special Order 40 protections for alien gang
members. Nevertheless, most of the Los Angeles political establishment and current Police
Chief William Bratton continue to resist any modification of the order.

Text of original Special Order 40

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