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Phoenix Police Department (Arizona) - former 287(g) agreement with ICE

Phoenix Police Department (Arizona) - former 287(g) agreement with ICE

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Published by J Cox
An agreement between the state or local law enforcement agency and the federal Immigration and Customs Enforcement (ICE) whereby several state/local law enforcement officers will be trained and "deputized" to enforce federal immigration law. This particular agreement was superseded by another (very similar agreement in the Fall of 2009.

For more on 287(g), see http://www.scribd.com/doc/23298564
An agreement between the state or local law enforcement agency and the federal Immigration and Customs Enforcement (ICE) whereby several state/local law enforcement officers will be trained and "deputized" to enforce federal immigration law. This particular agreement was superseded by another (very similar agreement in the Fall of 2009.

For more on 287(g), see http://www.scribd.com/doc/23298564

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Published by: J Cox on Nov 16, 2009
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12/11/2009

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123~~Ol
MEMORANDUM OF AGREEMENT
1l1is Memorandum
of
Agreement (MOA) constitutes an agreement between the United StatesImmigration and Customs Enforcement (ICE), a component
of
the Department
of
HomelandSecurity (Dl-IS), and the Phoenix Police Department (PPD), hereinafter
refened
to
as the
"Law
Enforcemem Agency" (LEA), pursuant to which ICE authorizes up to a
maximum
of
eleven (11)nominated, u'ained, and certified LEA personnel to perfoTIn eeltain immigration enforcement[[lJlctions as specified herein. All LEA officers trained pursuant to this MOA will perform asTask
Force
Officers (TFO).
[t
is the intent
of
the parties that these delegated authorities willenable the LEA to identify and process immigration violators in the State
of
Arizona. ICE and
LEA
points
of
contact for purposes
of
this
MOA
are identilied
in
Appendix
A
1.
PURPOSEThe purpose
of
this
MOA
is to set 10rth the terms and conditions pursuant
to
which selected LEApersonnel (participating
LEA
personnel) will
be
nominated, trained,
and
thercaller performcertain functions
of
an
immigration officer within the State
of
Arizona. Nothing containedherein shall otherwise limit the jurisdiction and powers normally possessed by pal'licipating LEApersonnel
as
members
of
the LEA. However. the exercise
of
the immigration enforcementauthority granted under this
MOA
10
pru'licipating LEA personnel shall occur only as provided inthis MOA. This
MOA
also describes the eomplaint procedures available
to
members
of
thepublic regarding immigration enforcement actions taken
by
palticipating LEA personnelpursuant
to
this agreemcnt.
II.
AUTHORITYSection
287(g)
of
the Immigration
and
Nationality Act (INA). also codified
at 8
V.S.c.
§
1357(g), as amended by the Homeland Security
i\ct
01'2002, Public Law 107-276. authorizes theSecretary
of
the Department
of
Homeland Security, acting through the Assistant Secrewry
of
ICE.
to
enter into written agreements with a State or any political subdivision
of
a State
';0
lhatqualified personnel can perform certain functions
of
an
immigration officer. This
MOA
constitutes such a written agreement.
Ill. POLICYThis MOA sets forth the scope
of
the immigration officer functions that
Dl-IS
is authorizing theparticipating LEA personnel to perform.
II
sets
fonh
with specificity the duration
of
theauthority conveyed and the specific lines
of
authority, including the requirement thatparticipating LEA personnel are subject to ICE supervision while performing immigrationrelated duties pursuan1 to this MOA. For the pnrposes
of
this
11'10;\,
ICE
officers will providesupervision for participating LEA personnel only as to immigration enforcement functions. TheLEA retains supervision
of
all other aspects
of
the employment
of
and performance
of
duties
by
participating
LEA
personnel.
1
 
IV. ASSIGNMENTSBefore pmticipating LEA personnel receive authorization to perform immigration ofticerfunctions granted under this
MOi\,
they must sllccessfully complete mandatory four (4) weektraining, as described in Section
vnr,
in the enforcement
of
Federal immigration laws andpolicies as provided
by
ICE instructors and thereafter pass examinations equivalent to thosegiven
to
ICE octkers, Only participating LEA personnel who are selected. trained. authorized.and supervised, as set out herein, have authority pursuant to this I'vl0A to conduct theimmigration ofticerl'nnctions enumerated
in
this MOA. Participating LEA personnel
perf(Jn11ing
immigration-related duties pursuant to this MOA will be:I. LEA officers assigned to
the
Illegal Immigration Prevention and Apprehension Co-opTeam (IlMPi\CT).
IlMPACT
is
11
task force
in
the State
of
Arizona consisting
of
ICE, PhoenixPolice and the Arizona Departmeni
of
Public Safety. The task force works on violcnt forms
of
human smuggling
in
the Phoenix mctropolitml area.
2.
LEA oftlcers assigned to the Gun Squad. The Gun Squad is a task force consisting
of
thePhoenix Police, ICE and the Bureau
of
Alcohol, Tobacco, Firearms and Explosives (ATF). Thetask force works on prohibited possessors and purchasers
oftircarms
in the Phoenix metropolitan
area.
The mission
of
the Phoenix Police Department and these task forces is
to
ensure a safe and
~ccllrc
environment in Phoenix
to
all persons
by
providing proiessionallaw eniorcem"nt throughresponsive, courteous, caring and dedicated service. This mission will be accomplished
by
interdicting
criminal
activity
and
deterring
human
smuggling,
Innl1an
tralTicking
and
the
exploitation
of
all persons in Phoenix through efi('clive detection, intervention, and prosecution.The scope
of
the LEA authority as it relates to the delegation
of
immigration authority. section2S7(g)
will
be limited
to
the task forces outlined above. All other operations between
leI:
andthe LEA will continue unchanged.The
ITA
officers will immediately contact the SAC Phoenix
in
Phoenix, Arizona when matters
or
investigative interest
to
ICE should arise in the
cours~
of
pcrionning immigration-relateddulies pursuant
to
this MOA. including information provided by alien detainees. Matters
of
ICE
interest may include but are not limited to:
I.
The death or serious injury
of
an alien(s)
2.
Iniormation relating to aliens being smuggled into the United States, victims
of
human trafficking,
or
aliens heing held hostage,
3.
Significant seizures
of
cash (over $10,000.00) and any information relating tobulk eash smuggling or money laundering.4. Seizures
of
or
ini'onnation relating
to
international drugs sales or trafficking,
5.
Seizures
of
or information relating
to
commercial (inbound or outbound)shipments
of
merchandise or technology.
2
 
6. Alien related arrests, ""hieh could reasonably be expected to generate media
illterest.
7.
Arrest
of
aliens from "special interest"' countries.
8.
Information relating
to
individuals and organizat.ions engaged in the sale.distribution, transfer, possession and/or produciion
of
fraudulent identitydocuments beiug utilized
in
flJliherance
of
undocumented aliens avoidingdetection andfor removal li'om the United States.
9.
lni{mnation relating
to
individuals and organizations involved in various forms
of
Immigration Fraud including but not limited to. Marriage Fraud, Visa Fraud.Asylum Fraud and Immigration Benefit Fraud.V. DESIGNATION
OF
AUTfIORT%:ED
FUNCTIONSFor the purposes
of
this
MOA,
participating LEA personnel will
be
authorized
to
perform thefollowing fUllctions pursuant to the statcd authorities, subject
to
the limitations eontained in thisMOA: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(a)(1) and 8 C.F.R. § 287.5(a)(I))
and
to
process for immigration violations those individuals who are convicted
of
State
or
Federal fclony offenses;The power
to
arrest withont warrant any alien entering
or
artempting to unlaWfully enter
the
United States.
or
any alien in the United States,
if
the officer has reason to believe thealien
to
be arrested is in the United States in violation
of
law and
is
likely to escapebefore
a
warrant can
be
obtained. INA
§
287(3)(2) and 8
C.F.R.
§
287.5(c)( I).
41
The pc)\ver and authority
to
arrest
vvithout
\\-'arrant
for
felonies
which
have been
C0111l11ittcd
and \vhich
are
cognizable under
any
law
of
tht United States regulating
the
admissioll, exclusion, expUlsion,
onemoval
of
aliens,
if
there is reason
to
believe that theperson so arrested has committed such teJony and
if
there is likelihood
of
the personescaping before
a
warrant ean be obtained. INA
§
287(a)(4)
and
8
C.F.R.
§
287.5(c)(2).
Notification
of
such arrest must be made to ICE within twenty-four
(24)
hours;• The
power
and authority
to
serve warrants
of
arrest for immigration violations pursuantto
8
C.F.R.
§
287.5(e)(3);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 thepreparation
of
affidavits and the taking
of
sworn statements for
ICE
supervisory re\'iew:
3

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