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Tennessee Highway Patrol - former 287(g) agreement with ICE

Tennessee Highway Patrol - 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 This particular agreement was superseded by another (very similar agreement in the Fall of 2009.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 This particular agreement was superseded by another (very similar agreement in the Fall of 2009.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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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 Tennessee Highway Patrol (THP), through its parent agency theTennessee Department
of
Safety (TNDS), hereinafter referred to as the "Law EntorcementAgency" (LEA), pursuant to which ICE authorizes up to a maximum
of
nine (9) nominated,trained, and certified LEA personnel to perform certain immigration enforcement functions asspecified herein.
It
is
the intent
of
the parties that these delegated authorities will enable theLEA to identify and process immigration violators and conduct criminal investigations under thedirect supervision
of
an ICE officer
in
the State
of
Tennessee. ICE and LEA points
of
contactfor purposes
of
this MOA are identified
in
Appendix A.
r.
PURPOSEThe purpose
of
this MOA
is
to set forth the terms and conditions pursuant to which selected LEApersonnel (participating LEA personnel) will be nominated, trained, and thereafter performcertain functions
of
an immigration officer within the State
of
Tennessee. Nothing containedherein shall otherwise limit the jurisdiction and powers normally possessed
by
participating LEApersonnel as members
of
the LEA. However, the exercise
of
the immigration enforcementauthority granted under thisMOA to participating LEA personnel shall occur only as provided
in
this MOA. This MOA also describes the complaint procedures available to members
of
thepublic regarding immigration enforcement actions taken by participating LEA personnelpursuant to this agreement.II. AUTHORITYSection 287(g)
of
the Immigration and Nationality Act (lNA), also codified at 8
U.S.c.
§
J
357(g), as amended
by
the Homeland Security Act
of
2002, Public Law 107-296, 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 perform certain functions
of
an immigration officer. This MOAconstitutes such a written agreement.IU. POLICYThis MOA sets forth the scope
of
the immigration officer functions that DHS
is
authorizing theparticipating LEA personnel to perform.
It
sets forth 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 pursuant to this MOA. For the purposes
of
this MOA, rCE officers will providesupervision for participating LEA personnel only as to immigration enforcement and/orimmigration investigative functions. The LEA retains supervision
of
all other aspects
of
theemployment
of
and performance
of
duties
by
participating LEA personneL
1
 
IV. ASSIGNMENTSBefore participating LEA personnel receive authorization to perform immigration officerfunctions granted under this MOA, they must successfully complete a mandatory four (4) weektraining program,
as
described
in
Section VIII,
in
the enforcement
of
federal immigration lawsand policies as provided by ICE instructors and thereafter pass examinations equivalent to thosegiven to ICE officers. Only participating LEA personnel who are selected, trained, authorized,and supervised, as set out herein, have authority pursuant to this MOA to conduct theimmigration officer functions enumerated in this MOA.Participating LEA personnel performing immigration-related duties pursuant to this MOA willbe LEA officers employed by the LEA. Participating LEA personnel will be exercising theirimmigration-related authorities during the course
of
criminal investigations involving aliensencountered within the State
of
Tennessee. Any combination
of
these officers
or
others may
be
assigned and/or co-located as task force officers to assist ICE agents with criminal investigations.
The
mission
of
the
LEA
(THP) assignments is summarized
as
follows:Criminal Investigation Division (CID): The LEA personnel assigned to the TNDS
cm
by statuteare charged with the responsibility
of
identifying criminal enterprises and other forms
of
organized criminal activities. LEA personnel will not conduct immigration specific operations,
but
exercise the delegated immigration authority solely during the performance
of
their normalduties. LEA 287(g) personnel will use the 287(g) authority pursuant to felony criminalinvestigations, including but not limited to, identity theft/fraud, counterfeit document possession,vehicular homicide, human trafficking and bulk cash smuggling. Additionally, LEA 287(g)personnel may detain aliens identified as having illegally re-entered the United States afterhaving been previously removed
or
previously ordered removed from the United States.
All
immigration enforcement related activities must be supervised
by
an ICE officer.
V.
DESIGNATION OF AUTHORlZED FUNCTIONSFor the purposes
of
this MOA, participating LEA personnel will be authorized to perform thefollowing functions pursuant to the stated authorities, subject
to
the limitations contained in thisMOA:The power and authority to interrogate any person believed to be an alien as to his rightto be or remain
in
the United States (INA
§
287(a)(l) and 8 C.F .R. § 287.5(a)(1» and toprocess for immigration violations those individuals who are convicted
of
State
or
Federal felony offenses;The power and authority to arrest without warrant any alien entering
or
attempting tounlawfully enter theUnited States, or any alien in the United States,
if
the officer hasreason to believe the alien to be arrested is
in
the United States in violation
of
law and
is
likely
to
escape before a warrant can be obtained. INA
§
287(a)(2) and 8 C.F.R. §287.5(c)(l);
2
 
The power
and authority to arrest without warrant for felonies which have beencommitted and which are cognizable under
any
law
of
the United States regulating theadmission, exclusion, expulsion,
or
removal
of
aliens,
if
there is reason to believe
that
theperson so arrested has committed such felony and
if
there is likelihood
of
the personescaping before a warrant can
be
obtained. INA § 287(a)(4) and 8 C.P.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.S(c)(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 review;
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), 8C.P.R.
§
235.3) including the preparation
of
a
Notice
to Appear (NTA) application
orother
charging document, as appropriate, for the signature
of
an ICE officer for aliens
in
categories established by ICE supervisors;
The power
and authority to issue immigration detainers (8 C.F.R. § 287.7) and 1-213,Record
of
Deportabiellnadmissible Alien, for processing aliens in categories establishedby ICE supervisors; and
Thepower
and authority to detain and transport (8
c'P.R.
§
287.5(c)(6)) arrested aliens toICE-approved detention facilities.
3

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