Henderson County Sheriff’s Office (North Carolina) - former 287(g) agreement with ICE

8/14/2019 Henderson County Sheriffs Office (North Carolina) - former 287(g) agreement with ICE

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MEMORANI)UM OF AGREEMENTrhis 1'vkmorandum of Agreement U\10A) constitutes an agreement between United SlatesImmigration and Customs Enforccml'nt (lCE), a component of the Department of HomelandScwrily (DHS), and thc Henderson County Board of Commissioners, a polltical subdivision of:,iorth Carolina. acting through its Sheriffs OlIice. hereinafter referred to as the "'Lav"Enfon:cment Agency" iLFAt pursuant to which ICE authorizes up to a maximum of tennominated, trained. and certified LEA personnel to perf(mn certain immigration eniorcemen!functions as specified h ~ r c i n . It is the intent of the parties that these delegated authorities \'IIillenable the LEA to idemify and proct'ss immigration violators in the Henderson County Sheriff sOffice jail /correctional faciiitil'S> ICE and LEA points of contact for purposes of this MO:\ areidentified in Appendi, A>

I. PLRPOSFihe 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 Henderson County Sheriffs Otlicejail!com:ctional facilities. Nothing containt:d herein shall otherwise limit the jurisdictIon an dpowers normally possessed by participating LEA personnel as members of the LEA. HO\\cver,the excrcbe of the immigralicm cnkm:cment authority granted under this MO A to participatinglEA personnel shall o.:cur only as pmvidcd in this MOA. This MOA also describes thecomplaint proccdurcs avaiJable to mcmhers of the public n:garding immigration enforcementactions taken by participating Lb \ personnel pursuant to this agreement.

11. ,\lnllORlTYScclion 2X7( g) of the Immigralion and :.lationality Act (iNA), also codified at 8 USC 1357(g). as amended by the Humeland SrflL It sets fbrth with specificity the duration of theauthority conveyed and the specific lines of authority, including the requirement thatparticipating U:A personnd arc s u ~ j e c l to leF supervision \\hilc perf0l111ing immigrationrelatcd duties pursuant to this \10' \ , For the purposes of this \10A. ICE ofticcrs will providesllpt.:n]sion fiJr participating LEA personnd only as to immigration el11i)rcemeni functions,Ik:l1licrson County Sheri rr s Office retains supervision of all other aspects of the employment ofand performance of duties by participating Henderson County Sheritrs OfJicc personnel

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IV. ASSIGNMENTSBefore participating LEA persormel receive authorization to perform immigration officerfunctions granted under this j..,10A, they must successfully complete mandatory four 4-weektraining, as described in Section VIII, in the enforcement of Federal immigration laws andpolicies as provided by ICE instructors and thereafter pass examinations equivalent to thosegiven to ICE officers. Only participating LEA personnel who arc selected, trained, authorized,and supervised, as set out herein, have authority pursuant to this MOA to conduct theimmigration unicer functions enumerated in this MOA.Participating LEA personnel pcrt


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VI. DETENTION ISSUESThe 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 ofany sentence of incarceration. ICE will also aSStffi1e custody of aliens with prior criminalconvictions and when immigration detention is required by statute. The ICE Detention andRemoval Field Office Director or his designee \vill assess on a case-by-case basis the appropriateremoval vehicle to be employed and/or whether to assume custody of individuals tbat do notmeet the above criteria based on special interests or other extenuating circumstances afterprocessing by the LEA. The immigration laws provide ICE Detention and Removal Operations(DRO) with the discretion to manage limited ICE detention resources, and ICE Field OfficeDirectors may exercise this discretion. in appropriate l ~ a s e s , by declining to detain aliens whosedetention is not mandated by Federal statute.If ICE determines that it is necessary. the LEA will enter into an I n t e r ~ G o v e m m e n t a l ServiceAgreement (IGSA) with reE pursuant to which, the LEA will provide. for a reimbursable fec,detention of incarcerated aliens in LEA facilities, upon the completion of their sentences. TheLEA facility will be expected to meet the ICE detention standards for either a less than 72-houror Over 72-hour facility as determined by ICE. and consistent with the anticipated detentionperiocLIn addition. i f ICE determines that it is necessary. the LEA will enter into an KiSt'>. with ICE J()rtransportation of all incarcerated aliens. Pursuant to this transportation IGSA, for a reimbursablefi.:e. the LEA wiI! transport all incarcerated aliens in its facilities, upon completion of theirsentences, to a facility or location designated by ICE.If leI: determines thai it is necessary, the LEA will prov'idc ICE, at no cost. with an office withineach participating LEA facility j()r ICE supervisory employees to work.The parties understand that the IrA will not continue to detain an alien aftt'r that alien is eligiblel()[ rekase f!'ell)1 the U:A's custody in accordance with applicable law and LEA policy. exceptfi)r 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 [GSA in place as describedabove.Upon completion of processing and release from the LEA's affiliated detention illciiities of anindividual \vho participating LEA personnC'l have determined to bt' a removable alien. the alienwill be transported by the I J ~ A on the same day to an ICE designated office or facility, afterrwtifica(ion (0 and coordination with the ICE supervisory oflicer. so that no further detentioncosts will be incurred by iC E

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VII. ~ O M I N A T I O N OF PERSOt'


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related to the pert{)rmance of immigration officer functions. unless either party terminates thisMO A pursuant to Section XX, belo\


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Subjed to the availability of funds. Ie E agrees to be responsible for the purchase. installation.and maintenance of technology (cornputerilAFIS/Photo and similar hardwareiso!1warc)necessary to support the investigative functions of participating LEA personnel at each LEAfacility with an active 287(g} program. The use of this equipment is to be limited to theperilmnance of responsibilities authorized by this MOA under section 287(g) of the INA byparticipating 1 FA personnel. leF also agrees to provide the necessary technological support andsoftware updates fi.lr use by participating LEA personnel to accomplish the delegated functions.Such hardvvare, softwarc, and other technology purchased or provided by ICE. shall remain theproperty of ICE and sha[l he returned to ICE upon tern1ination of this agreement. or whendt'emed necessary by tht.' ICE i\;:;sistant Field Onicc Director in Charlotte, North CarolinaThe I.FA is t l : ~ p ( } n : , ; i b l e to pnwiJe all administrative supplies. i.e. paper, toner. pens. pencils andother similar items net:t.'ssary for normal office operations. The LEA is also responsible toprO\idc the nec(':';sary security equipment. Le, handcuff'S. leg restraints and flexi culT's etc.

XL ICE SUPERVISIONImmigration cnf(}rccment act!\1l!CS conducted by the partlt:lpating LEA personnel will be~ u p e r \ l s c d ano diredcd by ICF supervisory officers or t.he designated team leader in Charlotte.North CaJ\)lina. Partic ipating LEA pt:rsonnel art: not authorized to perftmn immigration officerfunctions. except when working under the supervision of an ICE officer, or when acting pursuantto the guidance provided by an ICE agent. Participating LEA personnel shall give timely noticetn the ICE supervisory officer within 24 hours of any detainer issued under the authorities set1i.1rth in this ivfOA Tll\..' actions or participating LEA personnel will be reviewed by ICEsupervistlry officers on an ,mgoing basis to ensure compliance with the requirements of theimmigrafion hlWS and procedures and to assess the need for individual additional training orguidancc.For purposes (lfthis \ 1 0 ~ \ . leI" oftk


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X! I. REPORTING REQU lREMENTSThe LEA \vill be responsible Ii.Jf tracking and mainlummg accurate data and statisticalint(.lrmation f


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Th e LEA agrees to cooperate with any Federal investigation related to this MOA to the fullextent of its available powers. It is understood that information provided by any LEA personnelunder threat of disciplinary action in an administrative investigation cannot be used against thatindividual in suhsequent criminal proceedings, consistent with fi'!ITllY v. New J c r s ~ , 385 U.S.493(1967),As the activities of patiicipating LEA personnel under this t...10A are undertaken under Federalauthority, the participating LEA personnel wilt comply with Federal standards and guidelinesrelating to the Supreme Court's decision in Giglio v. U n i t e d ~ S t a t e s , 405 U.S. 150 (1972). and itsprogeny. which relates to the disclosure of potential impeachment information about possible\vitnesscs or affiant::; in a crimina! case or investigation.

XIV. COMPLAINT PROCEDURESThe complaint reporting and resolution procedure I{Jr allcgalions of misconduct by participatingl.EA personnel. with regard to activities undertaken under the authority of this MOA, is includedat Appendix B.

XV CIVIL RIGHTS STANDARDSParticipating LEA personnel \vho perform certain Federal immigration enforcement functions archound hy alJ Federal ci\'il rights statutes and regulations. including the U.S. Department ofJustin' "Guidance Regarding The lYse Of Race By f:ederal Law Enforcement Agem:ies" datedJune 2003.Partieipating LEA personnd v,ill provide an opportunity for subjects with limited Englishlanguage proficiency to request {111 interpreter. Qualified foreign language interpreters will beprovided by the! ,FA as needed.

XVI. STFFRfNG CCHvI\,.lITTEEThe ICE Assistant Field Office Director in Charlotte. North Caroli na and the Henderson CountySheriff's Office Designcc shall establish a steering committee that will meet periodically toreview and assess the immigration enfiJrct."l11cnt activities conducted by the participating LEApersonnel and to ensure compliance with the terms of this 1\'10A. The steering committee willmeet periodicalJy in Charlotte at location" to be agreed upon by the pat1ies, or via teleconference,Steering committee participants \ \ iH be supplied with specific ini()rmation on case revil.':ws,individual par1idpants' evaluations. complaints filed, media coverage, and, to the extentpracticable. statistical infz)m13tion on increased immigration enforcement activity in NorthCarolina. An initial review meeting will be held no later than nine months after ceI1i1ication ofthe initial class of participating LEA personnel under Section fX, above.\

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XVII, COMMUNITY OUTREACHThe U>'\ may, at its discretion, engage in community outreach with individuals andorganizations expressing em interest in this MOA. ICE may participate in such outreach upon theLEA's requesL

XVlll. RLLATIONS WITI-I THE ;-.JEWS MEDIAThe LEA may. at its discrctioR communicate the substance of this agreement to organizationsand groups expressing an interest in the law cnfcm::ement activities to be engaged in under this1\,10A. This MOA also describcs the complaint procedures available to members of the publicregarding actions taken hy participating LEA personnel pursuant to this agrcernenLrhe LEA hereby agrees to coordinate with ICE regarding ini


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This \


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APPENOIX A')OI;\iTS OF CONTACT

The ICE and LEA points of contact l()f purposes of implementation of this MOA arc:For the LEi\:Rick DavisSheriff. IkndtTSOn County201 p.;O1'th 1\1ain StreetHl."ndersomille. ~ o r t h Carolina 2X792

for ICE DRO:P:Jlgc EdenfieldAssistant Fkld Ol1ice Director6! 30 Tyvola Centre DriveCh;:lrlottC. :';orth Carolina 18217

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APPENDIX B

COMPLAINT PROCEDURE

This MOA is an agreement between DHSJICE and the Henderson County Sheriff's Office,hereinafter referred to as the "Law Enforcement Agency" (LEA). pursuant to which selectedLEA personnel are authorized to pcrf


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1. Complaint Reporting ProceduresComplaint reporting procedures shall be disseminated as appropriate by the LEA within facilitiesunder its jurisdiction (in English and other languages as appropriate) in order to ensure thatindividuals are aware of the availability of such procedures.Complaints will be accepted from any source (e.g.: ICE. U:A. participating LEA personnel.inmates. and the public).Complaints can be reported to Federal authorities as follmvs:

A Telephonically to the ICE OPR at the Joint Intake Center ( lIe) mWashington. D.C. at the toll-free number 1-877-246-8253. or

H. Telephonically to the Resident Agent in Cbarge of the ICE OPR officecovering Charlotte. ]'\orth Carolina.

C. Via mail as fol!mvs:l iS Department of Homeland SecurityU.S. Immigration and Customs EnforcementOffice of Professional Responsibility4-25 I Street. ]'\WRoom 3260\Vashington, D.C. 20536

Complaints can also be referred to and accepted by any ofthc f()llo\\ing LEA entities:A. The Lh\ 's Administrative tnvestigations Unit

Henderson County Sheriffs OfficeOffice oflnlernaJ Affuirs (jA)20! North Main Street! Icndcrsomille, North Carolina 28792

I t The s u p t ~ r v i s o r of any participating I J ~ A personnel: or, Review of ComplaintsAll complaints (written or oral) reported to the LEA directl). which involve activities cOfmcctcdtu immigration enforcement acth itics authorized under this fvl0A, will be reported to the ICFOPR. The ICE OPR will verify participating personnel status under the MOA with theassistance of the Special Agent in Charge of the ICE OCficc of Investigations in Atlanta, Georgia.Complaints received by an.y ICE entity will be reported directly to the ICE OPR as per existingICE policies and procedures.

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In all instances. the leI: OPR. as appropriate. will make an initial determination regarding DHSinvestigative jurisdiction and refer the complaint to the appropriate onice for action as soon aspossible. given the nature ofthc complaint.Complaints reported directly to the ICE OPR will be shared with the LEA's AdministrativeInvestigations Lnit when the complaint involves LEA pt'fsonncL Both offices will thencoordilwte appropriate investigative jurisdiction. which may include initiation of a jointinvestigation to resolve the iSSllC(S).3. Complaint Resolution ProceduresUpon receipt of any complaint. the ICE OPR \villundcrtake a complete review of each complaintin accordance \vith existing ICE allegation criteria and reporting requirements. As stated above,the ICE OPRwill adhere to e:xisting ICE reporting requirements as they rclale to the DHS OIGand/or the DO] CRD. Complaints will be resolved using the existing procedures. supplementedas follows:

:\ . Referral of Complaints to LEA 5 Administrative Investigations Unit.The ICE OPR will rder complaints. as appropriate, involving LEA personnel to theU:A'$ Administrative Investigations Lnit f()f resolution. The Sheriff will inform ICEOPR of the disposition and resolution of any complaints referred by ICE OPR.R Interim Action Pending Complaint ResolutionWhenever any participating LEA personnel are under investigation and subject tointerrogation by the LF:A for any reason that could lead to disciplinary action. demotion.or dismissal. the requirements of the I Icnderson Coumy Sheriff"s Office policy shall behonored. If appropdate, an individual may be removed from participation in theactivities covered under the i'v10A pending resolution of an inquiry.C. Time Parameters for Resolution of ComplaintsIt is expected that any complaint received will be resolved within 90 days. ! lowever.this will depend upon the nature and complexity of the substance of the complaint itselfD. ~ o t i j j c a t j o n of Resolution o1'a ComplaintICE OPR will coordinate with the LEA's Administrative Investigations Unit to ensurenotl!ication as appropriate to the s u ~ j c c t ( s ) or a complaint rcgarding the resolution of thl..'


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APPENDIX CPUBLIC I ~ F O R M A T I O N POINTS OF' CONTACT

Pursuant to Section XVIIi of the MOA, the signatories agree to coordinate any release ofinfonnation to the media regarding actions taken under this MOA. The points of contact forcoordinating such activities are:

For the LEf\:Public Affairs Ofticcr Rick DavisSheriff. Henderson Countyllcndcrsonvillt\ North Carolina

For ICF:Public Affairs Officer Richard RochaOffice of Public Affairs and Internal CommunicationLS. Department of Homeland SecurityC'.S. immigration and Customs Enforcement202-616-8895

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Henderson County Sheriff’s Office (North Carolina) - former 287(g) agreement with ICE