Mesa Police Department (Arizona) - NEW ICE 287(g) MOA (11/19/09)

8/14/2019 Mesa Police Department (Arizona) - NEW ICE 287(g) MOA (11/19/09)

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MEMORANDUM OF AGREEMENTThis Memorandum of Agreement (MOA) constitutes an agreement between United StatesImmigration and Customs Enforcement (lCE), a component of the Department of HomelandSecurity (OHS), and the Mesa Police Department (Mesa PO), pursuant to which ICE delegatesnominated, trained, certified, and authorized Mesa PD personnel to perform certain immigratione ~ ( ) r c e m e n t functions as specified herein. .It is the intent of the parties that these delegatedauthorities will enable the Mesa PD to identify and process immigration violators and conductcriminal investigations under ICE supervision, as detailed herein, within the confines of theMesa PO's area of responsibility. The Mesa PO and ICE enter into this MOA in good faith andagree to abide by the tenns and conditions contained herein.

1. 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 Mesa PD personnel (participating Mesa PO personnel) will benominated, trained, and approved by ICE to perform certain functions of an immigration officerwithin the Mesa PO's area of responsibility. Nothing contained herein shall otherwise limit thejurisdiction and powers normally possessed by participating Mesa PO personnel as members ofthe Mesa PO. However, the exercise of the immigration enforcement authority granted underthis MOA to participating Mesa PO personnel shall occur only as provided in this MOA.

II. AUTHORITYSection 287(g) of the Immigration and Nationality Act (INA), codified af 8 U.S.C. 1357(g)(1996), as amended by the Homeland Security Act of 2002, Public Law 107-296, authorizes theSecretary ofOHS, acting throllgh the Assistant Secretary of ICE, to enter into written agreementswith a State or any political subdivision ofa State so that qualified personnel can perform certainfunctions of an immigration officer. This MOA constitutes such a written agreement. The MesaPD is authorized to enter into this agreement pursuant to the Arizona Revised Statutes, 41-1713.

III. POLICYThis MOA sets forth the following: 1) the functions of an immigration officer that OHS isauthorizing the participating Mesa PD personnel to perform; 2) the duration of the authorityconveyed; 3) the supervisory requirements, including the requirement that participating Mesa POpersonnel are subject to ICE supervision while performing immigration-related duties pursuantto this MOA; and 4) program information or data that the Mesa PO is required to collect as partof the operation of the program. For the purposes of this MOA, ICE officers will providesupervision for participating Mesa PD personnel only as to immigration enforcement and/orimmigration investigative functions as authorized in this MOA. Mesa PD retains supervision of

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all other aspects of the employment and performance of duties by participating Mesa PDpersonnel.The Mesa PD is expected to pursue to completion all criminal charges that caused the alien to betaken into custody and over which the Mesa 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 serviceof any sentence of inCarceration; 2) who has prior criminal convictions and when ' immigTationdetention is required by statute; and 3) when the ICE Office of Detention and RemovalOperations (DRO) Field Office Director (FOD) or his designee decides on a case-by-case basisto assume custody ofan alien who does not meet the above criteria.

IV. DESIGNATION OF AUTHORIZED FUNCTIONSApproved participating Mesa PD personnel will be authorized to perform immigration officerfunctions outlined in 287(g)(1) 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 may, in appropriate cases, decline todetain aliens whose detention is not mandated by Federal statute. ICE and the Mesa PD willprioritize the detention of aliens in conformity with ICE detention priorities. ICE reserves theright to detain aliens to the 'extent provided by law.If ICE deems it necessary, the Mesa PD will enter into an Inter-Governmental ServiceAgreement (IGSA) with ICE pursuant to which the Mesa PD will provide, for a reimbursablefee, detention of incarcerated aliens in Mesa PD facilities, upon the completion of theirsentences. If ICE and the Mesa PD enter into an IGSA, the Mesa PD must meet the applicableICE 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 Mesa PO will transport all incarcerated aliens in its facilitieswho are subject to removal, upon completion of their sentences, to a facility or locationdesignated by ICE. Reimbursement to the Mesa PO will occur only when the Mesa PD obtainedprior approval of ICE for the transportation. ICE will not reimburse if the Mesa PO did notobtain prior approval from ICE.

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The parties understand that the Mesa PO will not continue to detain an alien after that alien iseligible for release from the Mesa PO's custody in accordance with applicable law and Mesa PDp o l ~ c y , except for a period of up to 48-hours, excluding Saturdays, Sundays, and any Federalhohday, pursuant to an ICE detainer issued in accordance with 8 C.F.R. 287.7, absent an IGSAin place as described above.

VI. NOMINATION OF PERSONNELTheMesa PD will nominate candidates for ICE training and approval under this MOA. Allcandidates must be United States citizens. The Mesa PD is responsible for conducting a criminalbackground check within the last five years for all nominated candidates. Upon request, theMesa PD 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 Mesa PD background check, ICE will conduct an independent backgroundcheck for each candidate. This background check requires all candidates to complete abackground questionnaire. The questionnaire requires, but is not limited to, the submission offmgerprints, a personal history questionnaire, and the candidate's disciplinary history (includingallegations of excessive f o ~ or discriminatory action). ICE reserves the right to query any andevery national and international law enforcement database to evaluate a candidate's suitability toparticipate in the enforcement of immigration authorities under this MOA. Upon request by ICE,the Mesa PD will provide continuous access to disciplinary records of all candidates along with awritten privacy waiver signed by the candidate allowing ICE tohave continuous access to his orher disciplinary records.The Mesa PD 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 Mesa PD personnel under consideration are in a bargaining unit, that Mesa PD must, prior tothe execution 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 Mesa PD to fulfill this commitment could jeopardize the tenns of this MOA, and ICEreserves the right, under these circumstances, to take appropriate action as necessary, includingtenninating this MOA.All Mesa PD candidates shall have knowledge of and have enforced laws and regulationspertinent to their law enforcement activities and their jurisdictions.In the Task Force model setting, all Mesa PD task force officer candidates must besworn/certified officers, must possess arrest authority, must be authorized to carry fireanns, andmust be employed full-time by their respective Mesa PD. Each Mesa PD candidate must certifythat he/she is not prohibited from carrying a firearm pursuant to State or FederaIlaw, including,but not limited to, the Lautenberg Amendment (18 U.S.C. 922(g)(8) or (9.

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The Mesa PD will immediately notify ICE when any certified and/or authorized Mesa PDpersonnel is no longer participating in the 287(g) program so that appropriate action can betaken, including termination of user account access to DHS and ICE systems.IX. COSTS AND EXPENDITURES

P a r t i c i ~ a t i n g a.gencies are responsible for personnel e x p e n ~ e s , including, but not limited to,salaries and benefits, local transportation, and offici8.I issue material. The Mesa PD isresponsible for the salaries and benefits, including overtime, of all of its personnel being trainedor performing duties under this MOA and of those personnel performing the regular functions ofthe participating Mesa PO personnel while they are receiving training. The Mesa PD will coverthe costs of all Mesa PD personnel's travel, housing, and per diem affiliated with the trainingrequired for participation in this MOA. ICE is responsible for the salaries and benefits of all ofits personnel, including instructors and supervisors.If ICE determines the training provides a direct service for the Government and it is in the bestinterest of the Government, the Government may issue travel orders to selected personnel andreimburse travel, housing, and per diem expenses only. The Mesa PD remains responsible forpaying salaries and benefits of the selected personnel.ICE will provide instructors and training materials.Subject to the availability of funds, ICE will be responsible for the purchase, installation, andmaintenance of technology (computerlIAFISlPhoto and similar hardware/software) necessary tosupport the investigative functions of participating Mesa PO personnel at each Mesa PD facilitywith ali active 287(g) program. Only participating Mesa PO personnel certified by ICE may usethis equipment. ICE will also provide the necessary technological support and software updatesfor use by participating Mesa PO personnel to accomplish the delegated functions. Suchhardware, software; and other technology purchased or provided by ICE shall remain theproperty of ICE and shall be returned to ICE upon termination of this agreement, or whendeemed necessary by the ICE SAC and/or the ICE FOD in Phoenix, Arizona.The Mesa PD is responsible for covering all expenses at the Mesa PD facility regarding cablingand power upgrades. Ifthe connectivity solution for the Mesa PD is determined to include use ofthe Mesa PO's own communication lines - (phone, DSL, site owned T-IIT-3, etc), the Mesa POwill be responsible for covering any installation and recurring costs associated with the Mesa POline.The Mesa PO is responsible for providing all administrative supplies, such as paper, toner, pens,pencils, or other similar items necessary for normal office operations. The Mesa PD is alsoresponsible for providing the necessary security equipment, such as handcuffs, leg restraints andflexi cuffs, etc.Also, if ICE deems it necessary, the Mesa PD will provide ICE, at no cost, with an office withineach participating Mesa PO facility for ICE supervisory employees to work.

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X. ICE SUPERVISIONImmigration enforcement activities conducted by the participating Mesa PD personnel will besupervised and directed by ICE supervisory officers or designated ICE team leaders.Participating Mesa PD personnel are not 'authorized to perform immigration officer functions 'except when working under the supervision or guidance of ICE. To establish supervisory andother administrative r e s p o n s i b i l i t i ~ s , the SACIFOD will specify the supervisory and otheradministrative responsibilities in an accompanying agreed-upon SOP. . , .Participating Mesa PO personnel shall give timely notice to the ICE supervisory officer within24 hours of any detainer issued under the authorities set forth in this MOA. The actions ofparticipating Mesa PD personnel will be reviewed by ICE supervisory officers on an ongoingbasis to ensure compliance with the requirements of the immigration laws and procedures and toassess the need for individual training or guidance.For purposes of this MOA, ICE officers will provide supervision of participating Mesa POpersonnel only as to immigration enforcement functions and for investigations conducted inconjunction to this authority. The Mesa PO retains supervision of all other aspects of theemployment of and performance of duties by participating Mesa PD personnel.In the absence of a written agreement to the contrary, the policies and procedures to be utilizedby the participating Mesa PD personnel in exercising these authorities shall be DHS and ICEpolicies and procedures, including the ICE Use of Force Policy. However, when engaged inimmigration enforcement activities, no participating Mesa PD personnel will be expected orrequired to violate or o t h ~ r w i s e fail to maintain the Mesa PD's rules, standards, or policies, or berequired to fail to abide by restrictions or limitations as may otherwise be imposed by law.If a conflict arises between an order or direction of an ICE supervisory officer or a DHS or ICEpolicy and the Mesa PD's rules, standards, or policies, the conflict shall be promptly reported tothe SAC and/or the FOD in Phoenix, Arizona, or designees, and the Mesa PD, or designee, whencircumstances safely allow the concern to be raised. The SAC and/or the FOD in Phoenix,Arizona and the Mesa PD shall attempt to resolve the conflict.

XI. REPORTING REQUIREMENTSICE does not require the Mesa PD to provide statistical or arrest data above what is entered intoENFORCE; however, ICE reserves the right to request the Mesa PD provide specific trackingdata and/or any information, documents, or evidence related to the circumstances of a particularalien' s arrest. ICE may use this data to compare and verify ICE's own data, and to fulfill ICE'sstatistical reporting requirements, or to assess the progress and success of the Mesa PD's 287(g)p r o ~ . . .


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XII. LIABILITY AND RESPONSIBILITYIf any participating Mesa PD personnel are the subject of a complaint of any sort that may resultin that individual receiving employer discipline or becoming the subject of a criminalinvestigation or civil lawsuit, the Mesa PD shall, to the extent allowed by State law, immediatelynotify the local point of contact for the ICE Office of Professional Responsibility (OPR) and theSACIFOD of the existence and nature of the complaint. The resolution of the complaint shallalso . be prc;>mptly reported to ICE. Complaints regarding the exercise of immigrationenforcement authority, as specified herein, by participating Mesa PD personnel shall be handledas described below.Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by8 U.S.C. 1357(g)(7) and (8), the Mesa PD will be responsible and bear the costs ofparticipating Mesa PD personnel with regard to their property or personal expenses incurred byreason of death, injury, or incidents giving rise to liability.Participating Mesa PD personnel will be treated as Federal employees only for purposes of theFederal Tort Claims Act, 28 U.S.C. 2671-2680, and worker's compensation claims, 5 U.S.C. 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. 8U.S.C. 1357(g)(7); 28 U.S.C. 2671. It is the understanding of the parties to this MOA thatparticipating Mesa PD personnel will enjoy the same defenses and immunities for their in-scopeacts that are available to ICE officers from personal liability arising from tort lawsuits based onactions conducted in compliance with this MOA. 8 U.S.C. 1357(g)(8).Participating Mesa PD personnel named as defendants in litigation arising from activities carriedout under this MOA may request representation by the U.S. Department of Justice. Suchrequests must be made in writing directed to the Attorney General of the United States, and willbe handled in coordination with the SAC and/or the FOD in Phoenix, Arizona. Requests shouldbe in the form of a written memorandum prepared by the defendant addressing each and everyallegation in the complaint, explaining as well as admitting or denying each allegation againstthe defendant. Requests for representation must be presented to the ICE Office of the ChiefCounsel at 2035 North Central Avenue, Phoenix, Arizona 85004. Any request for representationand related correspondence must be clearly marked "Subject to Attorney-Client Privilege." TheOffice of the Chief Counsel will forward the individual's request, together with a memorandumoutlining the factual basis underlying the event(s) at issue in the lawsuit, to the ICE HeadquartersOffice of the Principal Legal Advisor, which will forward the request, the factual memorandum,and an advisory statement opining whether such representation would be in the interest of theUnited States, to the Director of the Constitutional and Specialized Torts Staff, Civil Division,Department of Justice. ICE will not be liable for defending or indemnifying acts of intentionalmisconduct on the part of participating Mesa PD personnel.

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The release of statistical information regarding the 287(g) program must be coordinated with theICE Office of Public Affairs. The Mesa PD hereby agrees to coordinate with ICE regardinginformation to be released to the media regarding actions taken under this MOA. In the TaskForce model setting, all contact with the media involving investigations conducted under thisMOA by Task Force Officers (TFO) will be done pursuant to ICE policy. The points of contactfor ICE and the Mesa PD for this purpose are identified in Appendix C.Appendix B to this MOA describes the complaint procedures available to members of the publicregarding actions taken by participating Mesa PD personnel pursuant to this agreement

XIX. MODIFICATIONS TO THIS MOAModifications to this MOA must be proposed in writing and approved and signed by thesignatories. Modification to Appendix D shall be done in accordance with the proceduresoutlined in the SOP.

XX. POINTSOFCONTACTICE and Mesa PD points of contact for purposes of this MOA are identified in Appendix A.Points of contact (POC) can be updated at any time by providing a revised Appendix A to theother party to this MOA.

XXI. DURATION AND TERMINATION OF THIS MOAThis MOA will remain in effect for three (3) years from the date of signing unless terminatedearlier by either party. At the expiration of the three year effective period, ICE and the Mesa PDshall review the MOA and modify, extend, or permit the MOA to lapse. During the MOA'seffective period, either party, upon written notice to the other party, may terminate the MOA atany time. A termination notice shall be delivered personally or by certified or registered mailand termination shall take effect immediately upon receipt of such notice.Either party, upon written or oral notice to the other party, may temporarily suspend activitiesunder this MOA when resource constraints or competing priorities necessitate such suspension.Notice of termination or suspension by ICE shall be given to the Mesa PD.Notice of termination or suspension by the Mesa PD shall be given to the SAC andlor the FODin Phoenix, Arizona. Upon a good faith determination that the Mesa PD is not fulfilling itsduties, ICE shall notify the Mesa PD, in writing, and inform the Mesa PD that it has 90 days todemonstrate a continued need for 287(g) program services. If this continued need is notdemonstrated by the Mesa PD, the authorities and resources given to the Mesa PD pursuant tothis MOA will be terminated or suspended. Upon a subsequent demonstration of need, all coststo reinstate access to such authorities andlor program services will be incurred by the Mesa PD.This MOA does not, is not intended to, shall not be construed to, and may not be relied upon tocreate any rights, substantive or procedural, enforceable at law by any person in any matter, civilor criminal.

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By signing this MOA, each party represents it is fully authorized to enter into this MOA, acceptsthe terms, responsibilities, obligations, and limitations of this MOA, and agrees to be boundthereto to the fullest extent allowed by law.

NOV 1 9 2009 .

John MortonAssistant SecretaryImmigration and Customs EnforcementDepartment of Homeland Security

Date: Q CvL--. 5 I 0009l C l l i ~ t A 4Vicki MyersInterim Chiefof PoliceMesa Police Department

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APPENDIX APOINTS OF CONTACT

The ICE and Mesa PD points of contact for purposes of implementation of this MOA are:For Mesa PD TFO:

Assistant Chiefof OperationsMesa Police Department130 North Robson StreetMesa, Arizona 85201-6697(480) 644-For Mesa PD Detention/JEOLieutenantMesa Police Department130 North Robson StreetMesa, Arizona 85201-6697(480) 644For ICE DRO:Jon GuruleDeputy Field Office DirectorDHS ICE, Detention and Removal Operations2020 North Central Avenue, Suite 200Phoenix, Arizona 85004(602) 766For ICE 01:

Deputy Special Agent in ChargeDHS ICE, Office ofInvestigations400 North 5th Street, 11 th FloorPhoenix, Arizona 85004(602) 514-

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APPENDIXBCOMPLAINT PROCEDURE

This Memorandum of Agreement (MOA) is between the US Department of Homeland Security'sImmigration and Customs Enforcement (ICE) and the Mesa PO, pursuant to which selectedMesa PD personnel are authorized to perfonn immigration ~ n f o r c e m e n t duties in specificsituations under Federal authority. As such, the training, supervision, and performance ofparticipating Mesa PD personnel pursuant to the MOA, as well as the protections for U.S.citizens' and aliens' civil and constitutional rights, are to be monitored. Part of that monitoringwill be accomplished through these complaint reporting and resolution procedures, which theparties to the MOA have agreed to follow.The MOA sets forth the process for designation, training, certification, and authorization ofcertain Mesa PD personnel to perfonn certain immigration enforcement functions specifiedherein. Complaints filed against those personnel in the course of their non-immigration dutieswill remain the domain of the Mesa PD and be handled in accordance with the Mesa PD'sManual of Policy and Procedures, or equivalent rules, regulations, or procedures.If any participating Mesa PD personnel are the subject of a complaint or allegation involving theviolation of the terms of this MOA or a complaint or allegation of any sort that may result in thatindividual receiving employer discipline or becoming the subject of a criminal investigation orcivil lawsuit, the Mesa PD shall. to the extent allowed by State law, immediately notify ICE ofthe existence and nature of the complaint or allegation. The results of any internal investigationor inquiry connected to the complaint or allegation and the resolution of the complaint shall alsobe promptly reported to ICE. The ICE notifications should be made to the SAC and the Officeof Professional Responsibility (OPR) points of contact in Phoenix, Arizona. Complaintsregarding the exercise of immigration enforcement authority by participating Mesa PD personnelshall be handled as described below.The Mesa PD will also handle complaints filed against Mesa PD personnel who are notdesignated and certified pursuant to this MOA but are acting in immigration functions inviolation of this MOA. Further, any such complaints regarding non-designated Mesa POpersonnel shall be forwarded to the SAC or the FOD in Phoenix, Arizona.In order to simplify the process for the public, complaints against participating Mesa POpersonnel relating to their immigration enforcement can be reported in the following manner"Complaint and Allegation Reporting Procedures."

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1. Complaint and AlJC!!Btion Reportinu ProceduresComplaint repOiting procedures shall be disseminated by the Mesa PO within facilities under itsjurisdiction (in English and other languages as appropriate) in order to ensure that individuals areaware of the availability of such procedures. Such reporting procedures shall also be includedwithin facility manuals for detainees who have been processed under the 287(g) program. Suchmaterial must include up-to-date contact infonnation necessary to file the complaint.Complaints wiB be accepted from any source (e.g., ICE, Mesa PO, participating Mesa POpersonnel, inmates, and the public). ICE will immediately forward a copy of the complaint tothe DRS Office for Civil Rights and Civil Liberties (CRCL) Review and Compliance.Complaints can be reported to Federal authorities as follows:

A. Telephonically to the DHS Office of the Inspector General (OHS OIG) at thetoll free number 1-800-323-8603, orB. Telephonically to the ICE OPR at the Joint Intake Center (lIC) inWashington, D.C., at the toll-free number 1-877-246-8253, emailJoint.Intakera2dhs.gov, orC. Via mail as follows:

2. Review of Complaints

Department of Homeland SecurityImmigration and Customs EnforcementOffice of Professional ResponsibilityP.O. Box 14475Pennsylvania Avenue NWWashington D.C. 2{)044

All complaints or allegations (written or orat) reported to the Mesa PO directly that involve MesaPO personnel with ICE delegated authority will be reported to ICE OPR. ICE OPR will verifyparticipating personnel status under the MOA with the assistance of the SAC of the ICE Officeof Investigations in Phoenix, Arizona. Complaints received by any ICE entity will be reporteddirectly to ICE OPR as per existing ICE policies and procedures.ICE OPR, as appropriate, will make an initial determination regarding ICE investigativejurisdiction and refer the complaint to the appropriate ICE office for action as soon as possible,given the nature of the complaint.Complaints reported directly to ICE OPR will be shared with the Mesa PD's InternalInvestigations Unit when the complaint involves Mesa PO personnel. Both offices will thencoordinate appropriate investigative jurisdiction, which may include initiation of a jointinvestigation to resolve the issue(s).

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APPENDIXCPUBLIC INFORMATION POINTS OF CONTACT

Pursuant to Section XVIII of this MOA, the signatories agree to coordinate appropriate release ofinfonnation to the media regarding actions taken under this MOA before any information isreleased. The points of contact for coordinating such activities are:For Mesa PD:Sergeant Ed WessingMedia Relations OfficeMesa Police Department130 North Robson StreetMesa, Arizona 85201-6697(480) [email protected]

For ICE:Vincent Picard, Public Affairs OfficerOffice of Public Affairs and Internal CommunicationU.S. Department of Homeland SecurityU.S. Immigration and Customs Enforcement400 North 5th Street, nth FloorPhoenix, Arizona 85004602-514-7321

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APPENDIXDSTANDARD OPERATING PROCEDURE (SOP) TEMPLATE

The purpose of this appendix is to establish standard, uniform procedures for the implementationand oversight of the 287(g) delegation of authority program within the SACIFOD area ofresponsibility. This appendix can be modified only in writing and by mutual acceptance of theOSLC/OPLA, SACIFOD and the Chief o f P o l ~ c e , Mesa Police Department. .There w:e two models for the 287(g) program, a Task Force Officer (TFO) model or a Detentionmodel. Pursuant to this MOA, Mesa PD has been delegated authorities under the TFO andDetention models as outlined below.Prioritization:ICE retains sole discretion in determining how it will manage its limited resources and meet itsmission requirements. To ensure resources are managed effectively, ICE requires the Mesa PDto also manage its resources dedicated to 287(g) authority under the MOA. To that end, thefollowing list reflects the categories of aliens that are a priority for arrest and detention with thehighest priority being Level 1 criminal aliens. Resources should be prioritized to the followinglevels:

o Level 1 - Aliens who have been convicted of or arrested for major drug offensesand/or violent offenses such as murder, manslaughter, rape, robbery, and kidnapping;o Level 2 - Aliens who have been convicted of or arrested for minor drug offensesand/or mainly property offenses such as burglary, larceny, fraud, and money laundering;ando Level 3 - Aliens who have been convicted ofor arrested for other offenses.

Training:The 287(g) training program, the Immigrat ion Authori ty Delegation Program (lADP), will betaught by ICE instructors and tailored to the immigration functions to be performed. ICE Officeof Training and Development (OID) will proctor examinations during the IADP. The Mesa PDnominee must pass each examination with a minimum score of 70 percent to receivecertification. If the Mesa PD nominee fails to attain a 70 percent rating on an examination, theMesa PD nominee will have one opportunity to remediate the testing material and re-take asimilar examination. During the entire duration of the IADP, the Mesa PD nominee will beoffered a maximum of one remediation examination. Failure to achieve a 70 percent on any twoexaminations(inclusive of any remediation examination), will result in the disqualification of theMesa PD nominee and their discharge from the IADP.

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Training will include, among other topics: (i ) discussion of the tenns and limitations of thisMOA; (ii) the scope of immigration officer authority; (iii) relevant immigration law; (iv) the ICEUse of Force Policy; (v) civil rights laws; (vi) the U.S. Department of Justice "GuidanceRegarding the Use Of Race By Federal Law Enforcement Agencies," dated June 2003; (vii)public outreach and complaint procedures; (viii) liability i s s u ~ s ; (ix) cross-cultural issues; and (x)the obligation under Federal law and the Vienna Convention on Consular Relations to makeproper notification upon the arrest or detention of a foreign national.Approximately one year after the participating Mesa PD personnel are trained and certified, ICEmay provide additional updated training on relevant administrative, legal, and operational issuesrelated to the performance of immigration officer functions. Local training on relevant issueswill be provided as needed by ICE supervisors or designated ICE team leaders. An OSLCdesignated official shall, in consultation with OTD and local ICE officials, review on an annualbasis and, if needed, refresh training requirements.Trained Mesa PD personnel will receive, as needed, a DHS email account and access to thenecessary DHS applications. The use of the information technology (In infrastructure and theDHSIICE IT security policies are defined in the Interconnection Security Agreement (lSA). TheISA is the agreement between ICE Chief Information Security Officer (CISO) and Mesa PDDesignated Accreditation Authority (DAA). Mesa PD agrees that each of its sites using ICE-provided network access or equipment will sign the ISA, which defines the IT policies and rulesof behavior for each user granted access to the DHS network and applications. Failure to adhereto the terms of the ISA could result in the loss of all user privileges.Data Collection:ENFORCE is the primary processing system for alien removals and is the main resource forstatistical information for the 287(g) program. All ENFORCE-entries must be completed inaccordance with established ICE polices and adhere to OSLC guidance.ICE does not require the Mesa PD to provide statistical or arrest data above what is entered intoENFORCE; however, ICE reserves the right to request specific tracking or arrest data bemaintained and provided for comparison and verification with ICE's own data and statisticalinfonnation. This data may also be used for ICE's statistical reporting requirements or to assessthe progress and success of the Mesa PD's 287(g) program.The Mesa PD and ICE are each responsible for compliance with the Privacy Act of 1974, asapplicable, and related system of records notices with regard to data collection and use ofinfonnation under this MOA. The applicable Systems of Record Notice for privacy complianceis the ENFORCE Systems of Records Notice, 71 FR 13987, dated March 20,2006.

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TASK FORCE OFFICER UFO) MODEL:Participating Mesa PD personnel performing immigration-related duties pursuant to this MOAwill be Mesa PD officers certified and authorized by ICE, and assigned to task force operationssupported by ICE. Those participating Mesa PO personnel will exercise their immigration-related authorities during the course of criminal investigations involving aliens encounteredwithin the Mesa PO jurisdiction or as directed by the SAC.

. .The participating Mesa PO personnel are authorized to perfonn the following functions in theinvestigation, detention, and removal of aliens in the United States as allowed for the TFO model(INA 287(g, pursuant to the tiered level of priorities set forth in Appendix D's "Prioritization"section: The power and authority to interview any p ~ r s o n reasonably believed to be an alien abouthis right to be or remain in the United States and to take into custody for processing analien solely based on an immigration violation (INA 287(a)(1) and (2 will bedelegated only on a case-by-case basis. To exercise such authority, a TFO first mustobtain approval from an ICE supervisor, who will approve the exercise only to further thepriorities of removing serious criminals, gang members, smugglers, and traffickers andwhen reasonable suspicion exists to believe the alien is or was involved in criminalactivity. When an alien is arrested for the violation ofa criminal law, a TFO may processthat alien for removal subject to ICE supervision as outlined in this agreement; 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 ofaliens, if there is reason to believe that theperson so arrested has committed such felony and if there is likelihood of the person

escaping before a warrant can be obtained (INA 287(a)(4) and 8 C.F.R. 287.5(c)(2.Arrested individuals must be presented to a federal magistrate judge or other authorizedofficial without unnecessary delay (INA 287(a)(4); Fed. R. Crim. P. 5). Notification ofsuch arrest must be made to ICE within twenty-four (24) hours; The power and authority to arrest for any criminal offense against the United States if theoffense is committed in the officer's presence pursuant to INA 287(a)(5)(A) and 8C.F.R. 287.5(c)(3); The power and authority to execute search warrants pursuant to INA 287(a) and 8C.F.R. 287.5(e)(1); The power and authority to serve arrest warrants for immigration violations pursuant toINA 287(a) and 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 fmgerprinting, photographing, and interviewing of aliens, as well as thepreparation ofaffidavits and the taking of sworn statementS for ICE supervisory review;

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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.F.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 incategories established by ICE supervisors;

The power and a u t h o r i ~ to issue immigration detainers (INA 236, INA 287, and 8C.F.R. 287.7) and Form 1-213, Record of Deportablellnadmissible Alien, for processingaliens in categories established by ICE supervisors; and The power and authority to detain and transport (INA 287(g)(I) and 8 C.F.R. 287.5(c)(6 arrested aliens subject to removal to ICE-approved detention facilities.

As noted under Appendix D's "Prioritization" section, ICE requires the Mesa PD to focus its useof the 287(g) program in accord with ICE's priorities.Supervision:A 287(g) delegation of authority task force is designed to proactively respond to, identify, andremove criminal aliens that reside within the Mesa PD's jurisdiction pursuant to the tiered levelof priorities set forth in Appendix D's "Prioritization" section. The following identifies eachentity's roles and responsibilities. These roles and responsibilities include, but are not limited to:If the Mesa PD conducts an interview and verifies identity, alienage, and deportability, they mustcontact ICE for arrest approval. No arrest for a violation ofTitle 8 is to be conducted by anMesa PD task force officer without prior approval from the ICE supervisor. .The Mesa PO is responsible for ensuring proper record checks have been completed, obtainingthe necessary court/conviction documents, and, upon arrest, ensuring that the alien is processedthrough ENFORCElIDENT and served with the appropriate charging documents.Prior to an Mesa PD conducting any enforcement operation that will involve the use of its 287(g)delegation of authority, the Mesa PO must provide the ICE supervisor with a copy of theoperations plan, and the SACIFOD must concur and approve with the plan prior to it beinginitiated.The ICE supervisor is responsible for requesting alien files, reviewing alien files forcompleteness, approval of all arrests, and TECS checks and input. The SACIFOD office isresponsible for providing the Mesa PD with current and updated DHS policies regarding thearrest and processing of illegal aliens.On a regular basis, the ICE supervisor is responsible for conducting an audit of theIOENTIENFORCE computer system entries and records made by the LEA officers. Uponreview and auditing of the IDENTIENFORCE computer system entries and records, if errors arefound, the ICE supervisor will communicate those errors in a timely manner to the responsible

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official for the Mesa PD. The ICE supervisor will notify the Mesa PD of any errors in thesystem and the Mesa PD is responsible for submitting a plan to ensure that steps are taken tocorrect, modify, or prevent the recurrence of errors that are discovered.ICE will provide the Mesa PD with guidance for presenting any criminal prosecution cases thatare referred for Federal prosecution.Consistent with appl.icable standard operating procedures, the creation ofan A-file cannot becompleted until the A-file is signed by the appropriate ICE supervisor. A-files can be maintainedat an Mesa PD facility as long as there is an ICE representative assigned to that facility and thatrepresentative has a work area where documents can be adequately secured. Representativesfrom DHS must be permitted access to the facility where ICE records are maintained.Nominated Personnel:Mesa PD candidates working with task force operations shall have knowledge of and haveenforced laws and regulations pertinent to their law enforcement activities and their jurisdictions.The applicants should have a minimum of one year of law enforcement experience that includesexperience in interviewing witnesses, interrogating subjects, providing constitutional rightswarnings, obtaining statements, and executing search and seizure warrants. An emphasis shouldbe placed on officers who have planned, organized, and conducted complex investigationsrelating to violations of criminal and civil law.

DETENTION MODEL:Participating Mesa PD personnel performing immigration-related duties pursuant to this MOAwill be Mesa PD officers assigned to detention operations supported by ICE. Those participatingMesa PD personnel will exercise their immigration-related authorities only during the course oftheir normal duties while assigned to Mesa PD jaiVcorrectionaI facilities. Participating Mesa PDpersonnel will identify and remove criminal aliens that reside within the Mesa PD's jurisdictionpursuant to the tiered level of priorities set forth in Appendix D's "Prioritization" section.The participating Mesa PD personnel are authorized to perform the following functions asallowed by 287(g) of the INA for the Detention M.odel:

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)(I) and 8 C.F.R. 287.5(a)(I and toprocess for immigration violations any removable alien or those aliens who have beenarrested for violating a Federal, State, or local offense; The power and authority to serve arrest warrants for immigration violations pursuant toINA 287(a) and 8 C.F.R. 287.5(e)(3);

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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.F.R. 235.3) i n c ~ u d i n g the preparation of a Notice to Appear (NTA) application orother charging document, as appropriate, for the signature of an ICE officer for aliens incategories established by ICE supervisors; The power and authority to issue immigration detainers (INA 236, INA 287, and 8C.F.R. 287.7) and 1-213, Record of Deportabiellnadmissible Alien, for processingaliens in categories established by ICE supervisors; and The power and authority to detain and transport (INA 287(g)(I) and 8 C.F.R. 287.5(c)(6 arrested aliens subject to removal to ICE-approved detention facilities.

As noted under Appendix D's "Prioritization" section, ICE requires the Mesa PD to focus its useof the 287(g) program in accord with ICE's priorities.Supervision:A 287(g) delegation ofauthority detention model is designed to identify and remove aliensamenable to removal that are incarcerated within the Mesa PD's detention facilities pursuant tothe tiered level ofpriorities set forth in Appendix D's "Prioritization" section. The followingidentifies each entity's roles responsibilities. These roles and responsibilities include, butare not limited to:The Mesa PD shall provide notification to the ICE supervisor of any detainers placed under287(g) authority within 24 hours.The Mesa PD shall coordinate transportation of detainees processed under 287(g) authority in atimely manner, in accordance with the MOA and/or IGSA.The Mesa PD is responsible for ensuring proper record checks have been completed, obtainingthe necessary court/conviction documents, and, upon arrest, ensuring that the alien is processedthrough ENFORCElIDENT and served with the appropriate charging documents.The Mesa PD must immediately report all encounters ofan individual who claims U.S.citizenship to the FOD through their chain ofcommand. The FOD shall make the appropriatenotification to DRO headquarters.The ICE supervisor is responsible for requesting alien files, reviewing alien files forcompleteness, approval of all arrests, and TEes checks and input. The FOD office is

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responsible for providing the Mesa PO with current and updated OHS policies regarding thearrest and processing of illegal aliens.On a regular basis, the ICE supervisors are responsible for conducting an audit of theIDENTIENFORCE computer system entries and records made by the Mesa PD's officers. Uponreview and aUditing of the IDENTIENFORCE computer system entries and records, if errors arefound, the ICE supervisor will communicate those errors in a timely manner to the responsibleofficial for Mesa PD. The ICE supervisor will notify the Mesa PO of any errorsin the systemand the Mesa PD is responsible for submitting a plan to ensure that steps are taken to correct,modify, or prevent the recurrence of errors that are discovered.Nominated Personnel:All Mesa PD jail enforcement officer candidates shall have specific experience that shouldconsist of having supervised inmates. Candidates must show that they have been trained on andconcerned with maintaining the security of the facility. Candidates must have enforced rules andregulations governing the facility on inmate accountability and conduct. Candidates must alsoshow an ability to meet and deal with people of differing backgrounds and behavioral p'atterns.

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Documents

Mesa Police Department (Arizona) - NEW ICE 287(g) MOA (11/19/09)