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Whitfield County Sheriff's Office (Georgia) - NEW ICE 287(g) MOA (10/15/09)

Whitfield County Sheriff's Office (Georgia) - NEW ICE 287(g) MOA (10/15/09)

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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 This particular agreement superseded another (very similar) agreement, which can be seen here: http://www.scribd.com/doc/22589597.

For more on 287(g) generally, go here: 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 This particular agreement superseded another (very similar) agreement, which can be seen here: http://www.scribd.com/doc/22589597.

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

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Published by: J Cox on Nov 25, 2009
Copyright:Attribution Non-commercial

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12/05/2009

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MEMORANDUM
OF
AGREEMENT
Tliis Memorandum
of
Agreement (MOA) constitutes an agreement between United StatesImmigration and Customs Enforcement (ICE), a component
of
the Department
of
Homeland
Secmty
(DHS),
and
the
Law
Enforcement Agency (Whitfield County
Board
of
Commissioners. and Whitfield County Sheriff's Office ), pursuant to which ICE delegates nominated, trained,
certified,
and authorized Whitfield County Sheriff's Office (WCSO) personnel
to
perform certainimmigration enforcement functions as specified herein.
It
is the intent
of
the
parties that thesedelegated authorities
will
enable the WCSO to identify and process immigration violators andconduct criminal investigations under ICE supervision,
as
detailed herein, within the confines
of
the WCSO Area
of
Responsibility (AOR). The WCSO and ICE
enter
into this
MOA in
good
faith
and agree to abide
by
the terms and conditions contained herein.
I.-PURPOSE
The
purpose
of
this collaboration is to enhance the safety and security
of
communities
by
focusing resources
on
identifying and processing for removal criminal aliens
who
pose
a
threat
to
public safety
or
a
danger
to
the community. This
MOA
sets forth
the
terms and conditionspursuant
to
which selected WCSO (participating WCSO personnel) will
be
nominated, trained,
and
approved
by
ICE
to
perform certain functions
of
an immigration officer within the WCSOAOR. Nothing contained herein shall otherwise limit the jurisdiction
and
powers normallypossessed
by
participating
WCSO
personnel
as
members
of
the
weso.
However, the exercise
of
the immigration enforcement authority granted under this
MOAto
participating
WCSO
personnel shall occur only
as
provided
in
this MOA.
II.
AUTHORITYSection 287(g)
of$e
Immigration and Nationality Act (INA), codified
at
8 U.S.C.
§
13S7(g)(1996),
as
amended
by
the
Homeland Security Act
of
2002, Public
Law
107-296, authorizes theSecretary
ofDHS,
acting through the Assistant Secretary
of
ICE,
to
enter
into written agreements
with
a State
or
any political subdivision
of
a State
so
that qualified personnel
canperfonn
certain
functions
of
an
immigration officer. This MOA constitutes such a written agreement.
m.
POLICY
This
MOA sets forth the following: 1) the functions
of
an
immigration officer that
DHS
isauthorizing
the
participating
weso
personnel to perform;
2) the
duration
of
the authorityconveyed; 3) the supervisory requirements, including the requirement
that
participating WCSOpersonnel are subject
to
ICE supervision while performing immigration-related duties pursuantto this MOA; and
4)
program information
or
data that the WCSO
is
required
to
collect as part
of
the operation
of
the program.
For
the purposes
of
this MOA,
ICE
officers will providesupervision for participating WCSO personnel only as
to
immigration enforcement and/orimmigration investigative functions as authorized
in
this MOA.
WCSO
retains supervision
of
allother
aspects
of
he employment and performance
of
duties
by
participating
WCSO
personnel.
1
 
The WCSO is expected to pursue to completion all
criminal
charges that caused the alien to betaken into custody and over which the WCSO has Jurisdiction.ICE will assume custody
of
an alien
1)
who has been convicted
of
a State, local
or
Federaloffense only after being
infonned 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
~tute;
and 3) when the ICE Office
of
Detention and RemovalOperations (ORO) Field Office Director (FOD) or her designee decides
on
a case-by-case basisto assume custody
of
an alien who does not meet the above criteria.
IV.
DESIGNATION OF AUTHORIZED FUNCTIONSApproved participating WCSO personnel will be authorized to perform immigration officerfunctions outlined in 287(g)(I)
of
the INA regarding the investigation, apprehension,
or
detention
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 FODs may, in appropriate cases, decline to detain alienswhose detention is not mandated by Federal statute. ICE and the WCSO will prioritize thedetention
of
aliens in conformity with ICE detention priorities. ICE reserves the right to detainaliens to the extent provided by law.
If
ICE deems it necessary, the WCSO will enter into an Inter-Governmental Service Agreement(IGSA) with ICE pursuant to which the WCSO will provide, for a reimbursable fee, detention
of
incarcerated aliens in WCSO facilities, upon the completion
of
their sentences.
If
ICE and the
weso·
enter into an IGSA, the WCSO must meet the applicable 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 WCSO will transport all incarcerated aliens in its facilities whoare subject to removal, upon completion
of
their sentences, to a facility
or
location designated byICE. Reimbursement to the WCSO will occur only when the WCSO obtained prior approval
of
ICE for the transportation. ICE will not reimburse
if
the WCSO did not obtain prior approval
from
ICE.The parties understand that the
weso
will not continue to detain an alien after that alien iseligible for release from the WCSO's custody in accordance with applicable law
and
WCSOpolicy, except for a period
of
up to 48-hours, excluding Saturdays, Sundays, and any Federalholiday, pursuant to an ICE detainer issued
in
accordance with 8 C.F.R.
§
287.7, absent an IGSAin place as described above.
2
 
VI. NOMINATION
OF
PERSONNELThe WCSO will nominate candidates for ICE training and approval under this MOA. Allcandidates
must be
United States citizens. The WCSO
is
responsible
for
conducting a criminalbackground check within the last five years for all nominated candidates.
Upon
request,
the
WCSO
will
provide all related infonnation and materials
it
collected, referenced,
or
consideredduring the criminal background check for nominated candidates
to
ICE.
In
addition
to
the WCSO background check, ICE will conduct
an
independent background checkfor each candidate. This background check requires all candidates
to
complete a backgroundquestionnaire.
The
questionnaire requires, but is not limited to,
the
submission
of
fingerprints, apersonal history questionnaire, and the candidate's disciplinary history (including ailegations
of
excessive force
or
discriminatory action). ICE reserves the right
to
query any
and
every nationaland
intemationallaw
enforcement database to evaluate a candidate's suitability
to
participate
in
the enforcement
of
immigration authorities under this MOA.
Upon
request
by
ICE, the WCSOwill provide continuous access
to
disciplinary records
of
all candidates along
with
a writtenprivacy waiver signed
by the
candidate allowing ICE
to
have continuous access
to
his
or
herdisciplinary records.The WCSO agrees
to
use due diligence to screen individuals nominated
for
training
and
agreesthat individuals who successfully complete the training under this
MOA
will perfonnimmigration officer functions authorized under 287(g)
of
the
INA for
a
minimum
of
two
years.
If
WCSO personnel under consideration are
in
a bargaining unit, that
WCSO
must, prior
to
theexecution
of
the MOA, have
an
agreement with the exclusive representative
that
allows thedesignated officers to remain
in
their position for a minimum
of
two
years.
This
requirementmay be lifted solely
at
the discretion
of
ICE for good cause
in
situations that involve, amongother things, imminent promotion, officer career development,
and
disciplinary actions. Failureby the WCSO to fulfill this commitment could jeopardize the
terms
of
this
MOA,
and ICEreserves the right, under these circumstances,
to
take appropriate action
as
necessary, includingterminating this MOA.All WCSO candidates shall have knowledge
of
and have enforced
laws"
and
regulations pertinentto their
law
enforcement activities and their jurisdictions.All WSCO task force officers
must be
sworn/certified officers,
must
possess arrest authority,must be authorized
to
carry fireanns, and must
be
employed full-time
by
their
respective
WCSo.
Each WCSO candidate must certify that he/she is not prohibited from carrying a firearm pursuantto State
or
Federal law, including, but not limited to, the Lautenberg
Amendment
(18 U.S.C.
§
922(g)(8)
or(9».
All WCSO candidates must be approved
by
ICE and must
be
able"
to
qualify
for access toappropriate DHS
and ICE
databases. Should a candidate
not
be approved, a
qualified
substitutecandidate
maybe
submitted.
Such
substitution must· occur without delaying
the
start
of
raining.Any future expansion
in
the
number
of
participating WCSO personnel
or
scheduling
of
additional training classes
may
be
based
on an
oral agreement between
the
parties
andis
subjectto all the requirements
of
this
MOA
and the accompanying SOP.
3

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