Fact check: What is Special Order 40 and how does it affect LAPD's interaction with immigrants?

1. Summary of the results

Special Order 40 is a foundational LAPD policy issued in 1979 by Chief Daryl F. Gates that fundamentally shapes how the Los Angeles Police Department interacts with immigrants ^[1]. The order commands officers not to initiate police action to discover a person's alien status and bars them from arresting or booking anyone for a federal immigration code violation ^[1].

The policy's core principle is that LAPD officers are prohibited from using immigration status to initiate investigations, with the explicit goal of encouraging immigrants to cooperate with police and build community trust ^{[2] [3]}. This means the LAPD does not stop people or take action based on immigration status and does not enforce immigration laws ^[4].

Special Order 40 has been legally validated - the California Court of Appeals upheld the policy in 2009, ruling that it is constitutionally sound and strikes a balance between immigrants' rights to equal protection and officers' duty to protect communities ^[2]. The order remains in effect today and is part of the LAPD Police Manual, complemented by City Ordinance that prohibits the use of City resources for federal immigration enforcement ^[3].

Current LAPD leadership, including Chief Jim McDonnell, continues to reaffirm commitment to Special Order 40, emphasizing the department's focus on building public trust and working with all communities to create a safe place to live ^[4]. The LAPD has maintained this approach for 45 years without enforcing immigration laws ^[5].

2. Missing context/alternative viewpoints

The analyses reveal important context about the political timing and motivations behind Special Order 40's current prominence. The policy has gained renewed attention as the new police chief prepares to protect immigrants ahead of President-elect Donald Trump's incoming administration and planned mass deportations ^[5].

A crucial distinction missing from basic descriptions is that Special Order 40 does not make Los Angeles a 'sanctuary city' - rather, it recognizes that the LAPD cannot protect and serve the whole of Los Angeles if it is seen as the agent of immigration enforcement ^[1]. This represents a practical law enforcement strategy rather than purely ideological positioning.

The policy benefits multiple stakeholders: immigrant communities gain protection and are more likely to cooperate with police, LAPD leadership can maintain community trust and operational effectiveness, and city officials can demonstrate commitment to immigrant rights. However, federal immigration enforcement agencies and those supporting stricter immigration enforcement may view this policy as obstructive to their goals.

3. Potential misinformation/bias in the original statement

The original question itself contains no apparent misinformation or bias - it simply asks for factual information about Special Order 40 and its effects on LAPD-immigrant interactions. The question is neutrally framed and seeks legitimate clarification about an established policy.

However, the timing context is significant - the question comes during a period when Trump's deportation plans are creating renewed focus on local police immigration policies ^[5]. This suggests the question may be motivated by current political developments rather than general curiosity, though this doesn't indicate bias in the question's framing itself.

The analyses consistently present Special Order 40 as a decades-old, legally validated policy with clear operational benefits for community policing, suggesting that any characterization of it as recent political posturing or legally questionable would constitute misinformation.