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Florence Police Department (Arizona) - NEW ICE 287(g) MOA (10/15/09)

Florence Police Department (Arizona) - NEW ICE 287(g) MOA (10/15/09)

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

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Published by: J Cox on Nov 25, 2009
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12/11/2009

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RESOLUTION NO. 1212-09A RESOLUTION
OFTHE
MAYOR
AND
COMMON COUNCIL
OFTHE
TOWN
OF
FLORENCE, PINAL COUNTY, ARIZONA, APPROVING THEMEMORANDUM
OF
AGREEMENT WITH UNITED STATES IMMIGRATION
AND
CUSTOMS ENFORCEMENT (ICE).WHEREAS,
it has come to the attention
of
the Town Council
of
the Town
of
Florence that the citizens
of
the Town
of
Florence would benefit from enhancedprotection against criminal aliens who pose a threat to public safety
or
present a danger tothe community; and
WHEREAS,
the United States Immigration and Customs Enforcement (ICE) hasagreed to provide Immigration Authority Delegation Program (IADP) training,supervision and the necessary authorization to members
of
the Florence PoliceDepartment so as to allow ICE to delegate certain immigration enforcement functions tosuch officers; and
WHEREAS,
the Town Council
of
the Town
of
Florence finds that it is necessaryand desirable, in the interest
of
public safety,
to
participate
in
the Memorandum
of
Agreement with ICE, and is therefore willing to enter into the Memorandum
of
Agreement attached hereto and incorporated herein.
NOW THEREFORE BE
IT
RESOLVED,
that the Town Council
of
the Town
of
Florence, Arizona, does hereby approve the Memorandum
of
Agreement with theUnited States Immigration and Customs Enforcement (a component
of
the United StatesDepartment
of
Homeland Security) substantially in the fonn attached hereto, and herebyauthorizes its Mayor to execute the agreement on behalf
of
the Town
of
Florence.
PASSED
AND
ADOPTED
by the Mayor and Town Council
of
the Town
of
Florence, Pinal County, Arizona, this 19th day
of
October, 2009.
~
/CJv
Vicki Kilvinger,
May~
ATTEST:APPROVED
AS
TO
FORM:
afbA~
Lisa Garcia, Town Clerk
 
MEMORANDUM OF AGREEMENT
This Memorandum
of
Agreement (MOA) constitutes an agreement between United StatesImmigration and Customs Enforcement (ICE), a component
of
the Department
of
HomelandSecurity (DHS), and the Law Enforcement Agency, the Florence Police Department (FlorencePD), pursuant to which ICE delegates nominated, trained, certified, and authorized Florence PDpersonnel to perform certain immigration enforcement functions as specified herein. It is theintent
of
the parties that these delegated authorities will enable the Florence PD to identify andprocess immigration violators and conduct criminal investigations under ICE supervision, asdetailed herein, within the confines
of
the Florence
PD'S
area
of
responsibility. The FlorencePD and ICE enter into this MOA in good faith and agree to abide by the terms and conditionscontained herein.
I.
PURPOSEThe purpose
of
this collaboration is to enhance the safety and security
of
communities byfocusing resources on identifying and processing for removal criminal aliens who pose a threat topublic safety or a danger to the community. This MOA sets forth the terms and conditionspursuant to which selected Florence PD personnel (participating Florence PD personnel) will benominated, trained, and approved by ICE to perform certain functions
of
an immigration officerwithin the Florence
PD'S
area
of
responsibility. Nothing contained herein shall otherwise limitthe jurisdiction and powers normally possessed by participating Florence PD personnel asmembers
of
the Florence PD. However, the exercise
of
the immigration enforcement authoritygranted under this MOA to participating Florence PD personnel shall occur only as provided inthis MOA. .II. AUTHORITYSection 287(g)
of
the Immigration and Nationality Act (INA), codified at 8 U.S.C. § 1357(g)
."(1996),
as amended by the Homeland Security Act
of
2002, Public Law 107-296, authorizes theSecretary
of
DHS, acting through the Assistant Secretary
of
ICE, to enter into written agreementswith a State or any political subdivision
of
a State
so
that qualified personnel can perform certainfunctions
of
an immigration officer. This MOA constitutes such a written agreement.III. POLICYThis MOA sets forth the following:
1)
the functions
of
an immigration officer that DHS isauthorizing the participating Florence PD personnel to perform; 2) the duration
of
the authorityconveyed; 3) the supervisory requirements, including the requirement that participating FlorencePD personnel are subject to ICE supervision while performing immigration-related dutiespursuant to this MOA; and 4) program information or data that the Florence PD is required tocollect as part
of
the operation
of
the program. For the purposes
of
this MOA, ICE officers willprovide supervision for participating Florence PD personnel only as to immigration enforcementand/or immigration investigative functions as authorized in this MOA. Florence PD retainssupervision
of
all other aspects
of
the employment and performance
of
duties by participatingFlorence PD personnel.
Page 1 of23
 
The Florence PD is expected to pursue
to
completion all criminal charges that caused the alien tobe taken into custody and over which the Florence
PD
has jurisdiction.ICE will assume custody
of
an alien
1)
who has been convicted
of
a State, local or Federaloffense only after being informed by the alien's custodian that such alien has concluded service
of
any sentence
of
incarceration; 2) who has prior criminal convictions and when immigrationdetention is required by statute; and 3) when the ICE Detention and Removal Field OfficeDirector or his designee decides on a case-by-case basis to assume custody
of
an alien who doesnot meet the above criteria.
IV.
DESIGNATION OF AUTHORIZED FUNCTIONSApproved participating Florence PD personnel will be authorized to perform immigration officerfunctions outlined in 287(g)(I)
of
the INA regarding the investigation, apprehension, ordetention
of
aliens in the United States, subject
to
the limitations contained in the StandardOperating Procedures (SOP) in Appendix D to this MOA.
V.
DETENTION AND TRANSPORTATION ISSUESICE retains sole discretion in determining how it will manage its limited detention resources andmeet its mission requirements. ICE Field Office Directors (FODs) may, in appropriate cases,decline to detain aliens whose detention is not mandated by Federal statute. ICE and the FlorencePD will prioritize the detention
of
aliens in conformity with ICE detention priorities. ICEreserves the right to detain aliens to the extent provided by law.
If
ICE deems it necessary, the Florence PD will enter into an Inter-Governmental ServiceAgreement (IGSA) with ICE pursuant to which the Florence PD will provide, for a reimbursablefee, detention
of
incarcerated aliens in Florence PD facilities, upon the completion
of
theirsentences.
If
ICE and the Florence
PD
enter into an IGSA, the Florence PD must meet theapplicable ICE National Detention Standards.In addition to detention services,
if
ICE deems it necessary, the IGSA may include atransportation component for the transportation
of
all incarcerated aliens for a reimbursable fee.Under a transportation IGSA, the Florence PD will transport all incarcerated aliens in itsfacilities who are subject
to
removal, upon completion
of
their sentences, to a facility or locationdesignated by ICE. Reimbursement
to
the Florence PD will occur only when the Florence PDobtained prior approval
of
ICE for the transportation. ICE will not reimburse
if
the Florence PDdid not obtain prior approval from ICE.The parties understand that the Florence
PD
will not continue to detain an alien after that alien is
eligible_
for release from the Florence PD's custody in accordance with applicable law andFlorence PD policy, except for a period
of
up
to
48-hours, excluding Saturdays, Sundays, andany Federal holiday, pursuant to an ICE detainer issued in accordance with 8 C.F.R.
§
287.7,absent an IGSA in place
as
described above.
Page
20f23

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