Brevard County Sheriff’s Office (Florida) - former 287(g) agreement with ICE

Superseded in Fall 2009. For more on 287(g), see

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  MEMORANDUM OF AGREEMENT This Memorandum of Agreement (MOA) constitutes an agreement between the United StatesImmigration and Customs Enforcement (ICE), a component of the Department of HomelandSecurity (DHS). and the Brevard County Sheriff's Office. hereinafter referred to as the LawEnforcement Agency (LEA). pursuant to which ICE authorizes up to a maximum of tennominated, trained. and certified LEA personnel to perfonn certain immigration enforcementfunctions as specified herein. It is the intent of the parties that these delegated authorities will enable the LEA to identify and process immigration violators in the Brevard County SheriffsOffice correctional facilities. ICE and LEA points of contact for purposes of this MOA areidentified in Appendix A. 1. PURPOSE The purpose of this MOA is to set forth the terms and conditions pursuant to which selected LEA personnel (participating LEA personnel) will be nominated, trained, and thereafter perfonncertain ftmctions of an immigration officer within Brevard County, Florida. Nothing containedherein shall otherwise limit the jurisdiction and powers nonnally possessed by participating LEA personnel as members of the LEA. However, the exercise of the immigration enforcementauthority granted under this MOA to participating LEA personnel shall occur only as provided in this MOA. This MOA also describes the complaint procedures available to members of the public regarding immigration enforcement actions taken by participating LEA personnelpursuant to this agreement. II. AlITHORlTYSection 287(g) of the Immigration and Nationality Act (INA), also codified at 8 U.S.C. § 1357(g), as amended by the Homeland Security Act of 2002, Public Law 107-276, authorizes theSecretary of the Department of Homeland Security, acting through the Assistant Secretary of ICE, to enter into written agreements with a State or any political subdivision of a State so thatqualified personnel can perfonn certain functions of an immigration officer. This MOA constitutes such a v Titten agreement. III. POLICY This MOA sets forth the scope of the immigration officer functions that DHS is authorizing the participating LEA personnel to perform. It sets forth with specificity the duration of theauthority conveyed and the specific Jines of authority, including the requirement thatparticipating LEA personnel are subject to ICE supervision while performing immigrationrelated duties pursuant to this MOA. For the purposes of this MOA, ICE officers will pro\>ide supervision for participating LEA personnel only as to immigration enforcement functions.Brevard County Sheriff's Office retains supervision of all other aspects of the employment of and performance of duties by participating Brevard County Sheriff's Office personnel. 1  IV.ASSIGNMENTS Before participating LEA personnel receive authorization to perform inunigration officerfunctions granted under this MOA, they must successfully complete mandatory four (4) week training, as described in Section VIII, in the enforcement of Federal immigration laws and policies as provided by ICE instructors and thereafter pass examinations equivalent to thosegiven toICE officers. Only participating LEA personnel who are selected, trained, authorized, and supervised, as set out herein, have authority pursuant to this MOA to conduct the immigration officer functions enumerated in this MOA. Participating LEA personnel performing immigration-related duties pursuant to this MOA will be LEA officers assigned to Brevard County Sherifr s Office Correctional facilities. V. DESIGNATION OF AUTHORIZED FUNCTIONS For the purposes of this MOA, participating LEA personnel will be authorized to perform the following functions pursuant to the stated authorities, subject to the limitations contained in this MOA: ã The power and authority to interrogate any person believed to be an alien as to his right to be or remain in the United States (INA § 287(aXl) and 8 C.F.R. § 287.5(aXl» and to process for immigration violations those individuals who are convicted of State orFederal felony offenses;ã The power and authority to serve warrants of arrest for immigration violations pursuant to 8 C.F.R. § 287.5(e)(3); ã The power and authority to administer oaths and to take and consider evidence (INA § 287(b) and 8 C.F.R. § 287.5(a)(2», to complete required criminal alien processing,including fingerprinting, photographing, and interviewing of aliens, as well as the preparation of affidavits and the taking of sworn statements for ICE supervisory review;ã The power and authority to prepare charging documents (INA § 239,8 C.F.R § 239.1; INA § 238, 8 C.F.R § 238.1; INA § 241(a)(5), 8 C.F.R § 241.8; INA § 235(b)(1), 8 C.F.R. § 235.3) including the preparation of a Notice to Appear (NT A) application orother charging document, as appropriate, for the signature of an ICE officer for aliens in categories established by ICE supervisors; ã The power and authority to issue immigration detainers (8 C.F.R. § 287.7) and 1-213, Record of Deportablellnadmissible Alien, for processing aliens in categories established by ICE supervisors; andã The power and authority to detain and transport (8 C.F.R. § 287.5(c)(6») arrested aliens to ICE-approved detention facilities. 2  VI. DETENTION AND TRANSPORTATION ISSUES The LEA is expected to pursue to completion prosecution of the State or local charges thatcaused the individual to be taken into custody. ICE will assume custody of individuals who havebeen convicted of a State or local offense only after such individuals have concluded service of any sentence of incarceration. ICE will also assume custody of aliens with prior criminal convictions and when immigration detention is required by statute. The ICE Detention and Removal Field Office Director (FOO) or his designee will assess on a case-by-case basis the appropriate removal vehicle to be employed andlor whether to assume custody of individuals that do not meet the above criteria based on special interests or other extenuating circumstancesafter processing by the LEA. The immigration laws provide ICE Detention and RemovalOperations (DRO) with the discretion to manage limited ICE detention resources, and ICE FieldOffice Directors may exercise this discretion, in appropriate cases, by declining to detain aliens whose detention is not mandated by Federal statute.If ICE detennines that it is necessary, the LEA will enter into an Inter-Govemmental ServiceAgreement (IGSA) with ICE pursuant to which, the LEA will provide, for a reimbursable fee, detention of incarcerated aliens in LEA fadlities, upon the completion of their sentences. The LEA facility will be expected to meet the ICE detention standards for either a less than 72-houror over 72-hour facility as detennined by ICE, and consistent with the anticipated detentionperiod. In addition, iflCE determines that it is necessary, the LEA will enter into an IGSA with ICE for transportation of all incarcerated aliens. Pursuant to this transportation I GSA, for a reimbursable fee, the LEA will transport an incarcerated aliens in its facilities, upon completion of theirsentences, to a facility or location designated by ICE. IfiCE determines that it is necessary, the LEA will provide ICE, at no cost, with an office within each participating LEA facility for ICE supervisory employees to work. The parties understand that the LEA will not continue to detain an alien after that alien is eligible for release from the LEA's custody in accordance with applicable law and LEA policy, except for a period of up to 48-hours, excluding Saturdays, Sundays, and any holiday, pursuant to anICE detainer issued in accordance with 8 C.F.R. § 287.7, absent an IGSA in place as described above. Upon completion of processing and release from the LEA's affiliated detention facilities of anindividual who participating LEA personnel have determined to be a removable alielL, the alienwill be transported by the LEA on the same day to an ICE designated office or facility, afternotification to and coordination with the ICE supervisory officer, so that no further detention costs will be incurred by ICE. 3  VII.NOMINATION OF PERSONNEL The Brevard County Sheriff s Office will nominate candidates for initial training andcertification under this MOA. For each candidate, ICE may request any information necessary for a background check to include but not be limited to submission of fingerprints and a personalhistory questionnaire to evaluate a candidate's suitability to participate in the enforcement of immigration authorities under this MOA. AU candidates must be United States citizens. All candidates must have at least two (2) years of LEA work experience. AU candidates must be approved by ICE and must be found eligible for access to sensitive information. It is understood that due to budget and personnel constraints, only six (6) candidates will be sent to the initialtraining class. However, the LEA recognizes that a maximum of 10 candidates can be sent at a future date. The LEA and ICE enter into this MOA in good faith and agree to abide by the tenus andconditions contained herein. The LEA agrees to use due diligence to screen individualsnominated for training and agree that individuals who successfully complete the training underthis MOA will perfonn immigration officer functions authorized under 287(g) for a minimum of two (2) years. Any failure by the LEA to fulfill this commitment could jeopardize the terms of this MOA and ICE reserves the right to terminate this MOA, suspend participation in the 287(g) training program, or take other appropriate action as necessary.Candidates working with jail populations shall have specific experience that should consist of having supervised inmates. Candidates must show that they have been trained on, and concerned with, maintaining the security of the facility. Candidates must have enforced rules and regulations governing the facility on inmate accountability and conduct. Candidates must alsoshow an ability to meet and deal with people of differing backgrounds and behavioral patterns. AU candidates must be approved by ICE and must be able to qualifYfor appropriate federal security clearances. Should a candidate not be approved, a substitute candidate may be submitted if time permits such substitution to occur without delaying the start of training. Any future expansion in the number of participating LEA personnel or scheduling of additional training classes may be based on an oral agreement of the parties, but will be subject to all the requirements of this MOA. 4
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