lexington county sheriff's department (south carolina) - new ice 287(g) moa (8/9/10)

8/8/2019 Lexington County Sheriff's Department (South Carolina) - NEW ICE 287(g) MOA (8/9/10)

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MEMORANDUM OF AGREEMENTThis Memorandum of Agreement (MOA) constitutes an agreement between United StatesImmigration and Customs Enforcement (ICE), a component of the Department of HomelandSecurity (DHS). and the LEXINGTON COUNTY SHERIFF'S DEPARTMENT (LCSD).pursuant to which ICE delegates nominated, trained. certified, and authorized LCSD personnel toperform certain immigration enforcement functions as specified herein. It is the intent of theparties that these delegated authorities will enable the LCSD to identify and process immigrationviolators and conduct criminal investigations under ICE supervision, as detailed herein, withinthe confines of the LCSD AREA OF RESPONSBILITY. The LCSD and ICE enter into thisMOA in good faith and agree to abide by the tenns and conditions contained 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 LCSD personnel (participating LCSD persoMel) will be nominated.trained, and approved by ICE to perfonn certain functions of an immigration officer within theLCSD'S area of responsibility. Nothing contained herein shall otherwise limit the jurisdictionand powers normally possessed by participating LCSD personnel as members of the LCSD.However, the exercise of the immigration enforcemcnt authority granted under this MOA toparticipating LCSD personnel shall occur only as provided in this MOA.

II. AUTHORITYSection 287(g) of the Immigration and Nationality Aet (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 pcrform certainfunctions of an immigration officer. This MOA constitutes sueh a written agreement.

Ill. POLICYThis MOA sets forth the following: I) the functions of an immigration officer that DHS isauthorizing the participating LCSD persoMel to perform; 2) the duration of the authorityconveyed; 3) the supervisory requirements. including the requirement that participating LCSDpersonnel are subject to ICE supervision while perfonning immigration-related duties pursuantto this MOA; and 4) program information or data that the LCSD is required to coll\.'Ct as part ofthe operation of the program. For the purposes of this MOA. ICE officers will providesupervision for participating LCSD personnel only as to immigration enforcement and/orimmigration investigative functions as authorized in this MOA. LCSD retains supervision of allother aspects of the employment and performanceofduties by participating LCSD personnel.

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The LCSD is expected to pursue to completion all criminal charges that caused the alien to betaken into custody and over which the LCSD has jurisdiction.ICE will assume custody of an alien I) 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 immigrationdetention is required by statute; and 3) when the ICE Enforcement 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 LCSD persoMel 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 LCSDwill prioritize the detention of aliens in confonnity with ICE detention priorities. ICE reservesthe right to detain aliens to the extent provided by law.If ICE deems it necessary, the LCSD will enter into an Inter-Governmental Service Agreement(IGSA) with ICE pursuant to which the LCSD will provide, for a reimbursable fee, detention ofincarcerated aliens in LCSD facilities, upon the completion of their sentences. If ICE and theLCSD enter into an IGSA, the LCSD must meet the applicable ICE National DetentionStandards.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 transportation IGSA, the LCSD 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 LCSD will occur only when the LCSD obtained prior approval ofICE for the transportation. ICE will not reimburse if the LCSD did not obtain prior approvalfrom ICE.The parties understand that the LCSD will not continue to detain an alien after that alien iseligible for release from the LCSD's custody in accordance with applicable law and LCSDpolicy, 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.

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VI. NOMINATION OF PERSONNELThe LCSD will nominate candidates for ICE training and approval under this MOA. Allcandidates must be United States citizens. The LCSD is responsible for conducting a criminalbackground check within the last five years for all nominated candidates. Upon request, theLCSD will provide all related information and materials it Collected, referenced, or consideredduring the criminal background check for nominated candidates to ICE.In addition to the LCSD 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 allegations ofexcessive force or discriminatory action). ICE reserves the right to query any and every nationaland international law enforcement database to evaluate a candidate's suitability to participate inthe enforcement of immigration authorities under this MOA. Upon request by ICE, the LCSDwill 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 LCSD agrees to use due diligence to screen individuals nominated for training and agreesthat individuals who successfully complete the training under this MOA will performimmigration officer functions authorized under 287(g) of the INA for a minimum of two years.If LCSD personnel under consideration arc in a bargaining unit, that LCSD 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 LCSD 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 LCSD candidates shall have knowledge of and have enforced laws and regulations pertinentto their law enforcement activities and their jurisdictions.All LCSD task force officer candidates must be sworn/certified officers, must possess arrestauthority, must be authorized to carry firearms, and must be employed full-time by theirrespective LCSD. Each LCSD candidate must certify that he/she is not prohibited from carryinga fireann pursuant to State or Federal law, including. but not limited to, the LautenbergAmendment (18 U S.C. 922(g)(8) or (9.All LCSD 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 may be submitted. Such substitution must occur without delaying the start of training.Any future expansion in the number ofparticipating LCSD personnel or scheduling ofadditionaltraining classes may be based on an oral agreement between the parties and is subject to all therequirements of his MOA and the accompanying SOP.

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VB. TRAINING OF PERSONNEL

ICE will provide participating LCSD personnel with Immigration Authority Delegation Program( ~ A D P ) training consistent with the accompanying SOP.VIII. CERTIFICATION AND AUTHORIZATION

Before participating LCSD persoMel receive authorization to perform immigration officerfunctions granted under this MOAt they must successfully complete the IADP training, asdescribed in the accompanying SOP. The IADP will be provided by ICE instructors who willtrain participating LCSD personnel in the enforcement of Federal immigration laws and policies,the scope of the powers delegated pursuant to this MOA and civil rights and civil libertiespractices. Participating LCSD persoMel must pass an ICE examination after instruction. Uponcompletion of training, those LCSD personnel who pass the ICE examinations shall be deemed"certified" under this MOA.ICE will certify in writing the names of those LCSD personnel who successfully completetraining and pass all required testes). Upon receipt of the certification, the ICE Field OfficeDirector (FOD) or the ICE Special Agent in Charge in ATLANTA will provide the participatingLCSD persoMeI a signed authori7.ation letter allowing the named LCSD personnel to performspecified functions ofan immigration officer for an initial period ofone year from the date of theauthorization. ICE will also provide a copy of the authori7.ation letter to the LCSD. Only thosecerti fied LCSD personnel who receive authorization letters issued by ICE and whoseimmigration enforcement efforts are subject to a designated ICE supervisor may conductimmigration officer functions described in this MOA.

Along with the authorization letter, ICE will issue the certified LCSD personnel officialDelegation of Authority credentials. Upon receipt of the Delegation of Authority credentials.LCSD personnel will provide ICE a signed receipt of the credentials on the ICE Record ofReceipt - Property Issued to Employee (Form G-570).Authorization of participating LCSD personnel to act pursuant to this MOA may be withdrawn atany time and for any reason by ICE or the LCSD. and must be memorialized in a written noticeof withdrawal identifying an effective date of withdrawal and the personnel to which thewithdrawal pertains. Such withdrawal may be effectuated immediately upon notice to the otherparty. The LCSD and the ICE FOD in ATLANTA will be responsible for notification of theappropriate personnel in their respective agencies. The termination of this MOA shall constituteimmediate revocation of all immigration enforcement authori7.ations delegated hereunder.The LCSD will immediately notify ICE when any certified and/or authorized LCSD personnel isno longer participating in the 287(g) program so that appropriate action can be taken. includingtermination ofuser account aecess to DHS and ICE systems.

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IX. COSTS AND EXPENDITURESParticipating agencies are responsible for personnel expenses, including, but not limited to,salaries and benefits, local transportation, and official issue material. The LCSD is responsiblefor the salaries and benefits, including overtime, of all of its personnel being trained orperforming duties under this MOA and of those personnel performing the regular functions ofthe participating LCSD personnel while they are receiving training. The LCSD will cover thecosts of all LCSD personnel's travel, housing. and per diem affiliated with the training requiredfor participation in this MOA. ICE is responsible for the salaries and benefits of all of itspersonnel, 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 LCSD remains responsible forpaying salaries and benefitsof he 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 (computer/IAFIS/Photo and similar hardware/software) necessary tosupport the investigative functions of participating LCSD personnel at each LCSO facility withan active 287(g) program. Only participating LCSO personnel certified by ICE may use thisequipment. ICE will also provide the necessary technological support and software updates foruse by participating LCSD personnel to accomplish the delegated functions. Such hardware.software. and other technology purchased or provided by ICE shall remain the propertyof ICEand shall be returned to ICE upon terminationof this agreement, or when deemed necessary bythe ICE Field Office Director or ICE Special Agent in Charge in ATLANTA.The LCSD is responsible for covering all expenses at the LCSD facility regarding cabling andpower upgrades. If the connectivity solution for the LCSD is determined to include use of theLCSO's own communication lines - (phone. OSLo site owned T-trr-3. etc). the LCSD will beresponsible for covering any installation and recurring costs associated with the LCSO line.The LCSD is responsible for providing all administrative supplies. such as paper. toner, pens.pencils. or other similar items necessary for nonnal office operations. The LCSD is alsoresponsible for providing the necessary security equipment. such as handcuffs. leg restraints andflexi cuffs, etc.Also. if ICE deems it necessary. the LCSD will provide ICE. at no cost. with an office withineach participating LCSD facility for ICE supervisory employees to work.

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x .' ICE SUPERVISIONImmigmtion enforcement activities conducted by the participating LCSO personnel will besupervised and directed by ICE supervisory officers or designated ICE team leaders.Participating LCSO personnel are not authorizedto perform immigmtion officer functions exceptwhen working under the supervision or guidanceof ICE. To establish supervisory and otheradministrative responsibilities, the FOD will specify the supervisory and other administmtiveresponsibilities in an accompanying agreed-upon SOP.Participating LCSO personnel shall give timely notice to the ICE supervisory offICer within 24hours of any detainer issued under the authorities set forth in this MOA. The actions ofparticipating LCSO personnel will be reviewed by ICE supervisory officers on an ongoing basisto ensure compliance with the requirements of the immigmtion laws and procedures and toassess the need for individual training or guidance.For purposes of this MOA, ICE officers will provide supervision of participating LCSOpersoMel only as to immigration enforcement functions and for investigations conducted inconjunction to this authority. The LCSO retains supervision of all other aspects of theemployment of and performanceofduties by participating LCSO personnel.In the absence of a written agreement to the contrary, the policies and procedures to be utilizedby the participating LCSO 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 LCSO persoMel will be expected orrequired to violate or otherwise fail to maintain the LCSO'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 LCSD's rules, standards, or policies, the conflict shall be promptly reported to theFOD in ATLANTA, or designee, and the LCSD, or designee, when circumstances safely allowthe concern to be raised. The FOD in ATLANTA and the LCSD shall attempt to resolve theconflict.

XI. REPORTING REQUIREMENTSICE does not require the LCSD to provide statistical or arrest data above what is entered intoENFORCE; however, ICE reserves the right to request the LCSO provide specific tracking dataand/or any information, documents, or evidence related to the circumstances of a particularalien's arrest. ICE may use this data to comparc and verifY ICE's own data, and to fulfill ICE'sstatistical reporting requirements, or to assess the progress and success of the LCSO's 287(g)program.

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XII. LIABILITY AND RESPONSIBILITYIf any participating LCSD personnel are the subject of a complaint of any sort that may result inthat individual receiving employer discipline or becoming the subject of a criminal investigationor civil lawsuit, the LCSD shall, to the extent allowed by State law, immediately notify the localpoint of contact for the ICE Office of Professional Responsibility (OPR) and the FOD of theexistence and nature of the complaint. The resolution of the complaint shall also be promptlyreported to ICE. Complaints regarding the exercise of immigration enforcement authority. asspecified herein, by participating LCSD personnel shall be handled as described below.Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by8 U.S.C. I 357(g)(7) and (8), the LCSD will be responsible and bear the costs of participatingLCSD personnel with regard to their property or personal expenses incurred by reason ofdeath,injury, or incidents giving rise to liability.

Participating LCSD 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. 267I. It is the understanding of the parties to this MOA thatparticipating LCSD 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 LCSD 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 FOD in ATLANTA. Requests should be in the form of awritten memorandum prepared by the defendant addressing each and every allegation in thecomplaint. explaining as well as admitting or denying each allegation against the defendant.Requests for representation must be presented to the ICE Office of the Chief Counsel at 180Spring Street, SW, Atlanta, Georgia 30303. Any request for representation and relatedcorrespondence must be clearly marked "Subject to Attorney-Client Privilege." The Office ofthe Chief Counsel will forward the individual's request, together with a memorandum outliningthe factual basis underlying the event(s) at issue in the lawsuit, to the ICE Headquarters Office ofthe Principal Legal Advisor. which will forward the request, the factual memorandum, and anadvisory statement opining whether such representation would be in the interest of the UnitedStates, 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 ofparticipating LCSD personnel.The LCSD agrees to cooperate with any Federal investigation related to this MOA to the fullextent of its available powers. including providing access to appropriate databases, personnel.and documents. Failure to do so may result in the termination of this MOA. Failure of an officerto cooperate in any Federal investigation related to this MOA may result in revocation of suchindividual's authority provided under this MOA. The LCSD agrees to cooperate with Federalpersonnel conducting reviews to ensure compliance with the terms of this MOA and to provide

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access to appropriate databases, personnel. and documents necessary to complete suchcompliance review. It is understood that infonnation provided by any LCSD personnel underthreat of disciplinary action in an administrative investigation cannot be used against thatindividual in subsequent criminal proceedings. consistent with Garrity v. New Jersey. 385 U.S.493 (I967). and its progeny.As the activities of participating LCSD personnel under this MOA are undertaken under Federalauthority, the participating LCSD personnel will comply with Federal standards and guidelinesrelating to the Supreme Court's decision in Giglio v. United States. 405 U.S. 150 (1972). and itsprogeny. which relates to the disclosure of potential impeachment information about possiblewitnesses or affiants in a criminal case or investigation.The LCSD 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 ofRecords Notice. 71 FR 13987, dated March 20,2006.

XIII. COMPLAINT PROCEDURESThe complaint reporting procedure for allegations of misconduct by participating LCSDpersonnel, with regard to activities undertaken under the authority of this MOA. is included inAppendix B.

XIV. CIVIL RIGHTS STANDARDSParticipating LCSD personnel are bound by all Federal civil rights laws, regulations. guidancerelating to non-discrimination, including the U.S. Department of Justice "Guidance RegardingThe Use Of Race By Federal Law Enforcement Agencies" dated June 2003 and Title VI of theCivil Rights Act of 1964, as amended, 42. U.S.C. 2000 et. seq which prohibits discriminationbased upon race, color. or national origin (including limited English proficiency) in any programor activity receiving Federal financial assistance.

XV. INTERPRETATION SERVICESParticipating LCSD personnel will provide an opportunity for subjects with limited Englishlanguage proficiency to request an interpreter. Qualified foreign language interpreters will beprovided by the LCSD. as needed.The LCSD will maintain a list of qualified interpreters or companies it contracts with to providesuch interpreters. Participating law enforcement personnel will be instructed on the properadministrative procedures to follow to obtain the services of an interpreter. A qualifiedinterpreter means an interpreter who can interpret effectively. accurately. and impartially, usingany specialized vocabulary. If an interpreter is used when a designated officer is performingfunctions under this MOA, the interpreter must be identified, by name, in records.

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XVI. COMMUNICATIONThe ICE Field Office Director in ATLANTA, and the LCSD shall meet at least annually, and asneeded, to review and assess the immigration enforcement activities conducted by theparticipating LCSD personnel. and to ensure compliance with the terms of this MOA. Whennecessary, ICE and the LCSD may limit the participationof these meetings in regards to non-lawenforcement personnel. The attendees will meet in the COLUMBIA metropolitan area atlocations to be agreed upon by the parties. or via teleconference. The participants will besupplied with spccific information on case reviews. individual participants' evaluations,complaints filed. media coverage, and, to the extent practicable, statistical information onimmigration enforeement activity in the COLUMBIA metropolitan area. An initial reviewmeeting will be held no later than nine months after certification of the initial class ofparticipating LCSD personnel under Section VIII. above.

XVII. COMMUNITY OUTREACHThe LCSD may, at its discretion, engage in community outreach with individuals andorganizations expressing an intcrest in this MOA. ICE may participate in such outreach upon theLCSD's request. Nothing in this MOA shall limit ICE's own community outreach program.

XVIII. RELEASE OF INFORMATION TO THE MEDIA AND OTHER THIRD PARTIESThe LCSD may, at its discretion, communicate the substance of this agrcement to organizationsand groups expressing an interest in the law enforcement activities to be engaged in under thisMOA. It is the practice of ICE to provide a copy of this MOA, only after it has been signed, torequesting media outlets; the LCSD is authorized to do the same.The LCSD hereby agrees to coordinate with ICE prior to releasing any information relating to. orexchanged under, this MOA, including any SOPs developed for the implementation of thisMOA. Information obtained or developed as a result of this MOA is under the control of ICEand shall be subject to public disclosure only pursuant to the provisions of applicable federallaws, regulations, and executive orders. Insofar as any documents created by the LCSD containinformation developed or obtained as a result of this MOA, such documents shall not beconsidered public records.The release of statistical information regarding the 287(g) program must be coordinated with theICE Office of Public AtTairs. The LCSD hereby agrees to coordinate with ICE regardinginformation to be released to the media regarding actions taken under this MOA. The points ofcontact for ICE and the LCSD for this purpose are identified in Appendix C.Appendix B to this MOA describes the complaint procedures available to membersof the publicregarding actions taken by participating LCSD personnel pursuantto this agreement.

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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. POINTS OF CONTACTICE and LCSD points ofcontact for purposesof this MOA are identified in Appendix A. Pointsof contact (POC) can be updated at any time by providing a revised Appendix A to the otherparty 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 LCSDshall review the MOA and modify. extend. or pennit 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 receiptofsuch notice.Either party. upon written or oral notice 10 the other party, may temporarily suspend activitiesunder this MOA when resource constraints or competing priori lies necessitate such suspension.Notice oftermination or suspension by ICE shall be given to the LCSD.Notice of termination or suspension by the LCSD shall be given to the FOD in ATLANTA.Upon a good faith determination that the LCSD is not fulfilling its duties. ICE shall notify theLCSD. in writing. and inform the LCSD that it has 90 days to demonstrate a continued need for287(g) program services. If this continued need is not demonstrated by the LCSD, theauthorities and resources given to the LCSD pursuant to this MOA will be terminated orsuspended. Upon a subsequent demonstration of need. all costs to reinstate access to suchauthorities andlor program services will be incurred by the LCSD.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 tenns, responsibilities, obligations, and limitations of this MOA, and agrees to be boundthereto to the fullest extent allowed by law.

AUG 19 2010Date

Immigration and Customs EnforcementDepartment ofHomeland Security

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APPENDIX APOINTS OF CONTACTThe ICE and LEXINGTON COUNTY SHERIFF'S DEPARTMENT points of contact forpurposes of implementation of this MOA are:For the LEXINGTON COUNTY SHERIFF'S DEPARTMENT:

Chief521 Gibson Road.Lexington, S.C. 29072

For ICE ERO:Felicia S. SkinnerField Office Director180 Spring St., SWAtlanta, GA 30303404-893

Deputy Field Office Director180 Spring St., SWAtlanta, 303404-893-

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APPENDIXBCOMPLAINT PROCEDUREThis Memorandum ofAgreement (MOA) is between the US Department of Homeland Security'sImmigration and Customs Enforcement (ICE) and the LCSD, pursuant to which selected LCSDpersonnel are authorized to perform immigration enforcement duties in specific situations underFederal authority. As such, the training, supervision, and performance of participating LCSDpersonnel pursuant to the MOA, as well as the protections for U.S. citizens' and aliens' civil andconstitutional rights, are to be monitored. Part of that monitoring will be accomplished throughthese complaint reporting and resolution procedures, which the parties to the MOA have agreedto follow.The MOA sets forth the process for designation, training, certification, and authorization ofcertain LCSD personnel to perform certain immigration enforcement functions specified herein.Complaints filed against those personnel in the course of their non-immigration duties willremain the domain of the LCSD and be handled in accordance with the LCSD's Manual ofPolicy and Procedures, or equivalent rules, regulations, or procedures.I f any participating LCSD 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 LCSD shall, to the extent allowed by State law, immediately notify ICE of theexistence and nature of the complaint or allegation. The results of any internal investigation orinquiry connected to the complaint or allegation and the resolution of the complaint shall also bepromptly reported to ICE. The ICE notifications should be made to the Field Office Director(FOD) and the Office of Professional Responsibility (OPR) points of contact in ATLANTA.Complaints regarding the exercise of immigration enforcement authority by participating LCSDpersonnel shall be handled as described below.The LCSD will also handle complaints filed against LCSD personnel who are not designated andcertified pursuant to this MOA but are acting in immigration functions in violation of this MOA.Further, any such complaints regarding non-designated LCSD personnel shall be forwarded tothe FOD in ATLANTA.In order to simplify the process for the public, complaints against participating LCSD personnelrelating to their immigration enforcement can be reported in the following manner "Complaintand Allegation Reporting Procedures."

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1. Complaint and Allegation Reporting ProceduresComplaint reporting procedures shall be disseminated by the LCSD 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 information necessary to file the complaint.Complaints will be accepted from any source (e.g., ICE, LCSD, participating LCSD personnel,inmates, and the public). ICE will immediately forward a copy of the complaint to the DHSOffice for Civil Rights and Civil Liberties Review and Compliance.Complaints can be reported to Federal authorities as follows:

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

2. Review ofComplaints

Department ofHomeland SecurityImmigration and Customs EnforcementOffice ofProfessional ResponsibilityP.O. Box 14475Pennsylvania Avenue NWWashington D.C. 20044

All complaints or allegations (written or oral) reported to the LCSD directly that involve LCSDpersonnel with ICE delegated authority will be reported to ICE OPR. ICE OPR will verifyparticipating personnel status under the MOA with the assistance of the Field Office Director ofthe ICE Enforcement Removal Operations in ATLANTA. Complaints received by any ICEentity will be reported directly 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 LCSD's Internal InvestigationsUnit when the complaint involves LCSD personnel. Both offices will then coordinateappropriate investigative jurisdiction, which may include initiation of a joint investigation toresolve the issue(s).

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3. Complaint and Allegations Resolution ProceduresUpon receipt of any complaint or allegation, ICE OPR will undertake a complete review of eachcomplaint in accordance with existing ICE allegation criteria and reporting requirements. Asstated above, the ICE OPR will adhere to the reporting requirements as stated above and as theyrelate to the DHS ola and CRCL and/or the 001 CRD. Complaints will be resolved using theexisting procedures, supplemented as follows:

A. Referral of Complaints or Allegations to the LCSD's Internal InvestigationsUnit.The ICE OPR will refer complaints, as appropriate, involving LCSD personnel tothe LCSD's Internal Investigations Unit for resolution. The Lexington CountySheriff or hislher designee or the facility commander will inform ICE OPR of thedisposition and resolution of any complaints or allegations against LCSD'sparticipating officers.B. Interim Action Pending Complaint ResolutionWhen participating LCSD personnel are under investigation for any reason thatcould lead to disciplinary action, demotion, or dismissal, or are alleged to haveviolated the terms of this MOA, ICE may revoke that individual's authority andhave that individual removed from participation in the activities covered under theMOA.C. Time Parameters for Resolution ofComplaints or AllegationsIt is expected that any complaint received will be resolved within 90 days ofreceipt. However, this will depend upon the nature and complexity of thesubstance ofthe complaint itself.D. Notification of Resolution of a Complaint or AllegationICE OPR will coordinate with the LCSD's Internal Investigations Unit to ensurenotification as appropriate to the ICE FOD in ATLANTA, the subject(s) of acomplaint, and the person filing the complaint regarding the resolution of thecomplaint.

These Compliant Reporting and Allegation Procedures are ICE's internal policy and may besupplemented or modified by ICE unilaterally, ICE will provide LCSD with written copies ofany such supplements or modifications. These Complaint Reporting and Allegation Proceduresapply to ICE and do not restrict or apply to other investigative organizations within the federalgovernment.

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APPENDIXCPUBLIC INFORMATION POINTS OF CONTACTPursuant 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 infonnation isreleased. The points of contact for coordinating such activities are:For the LCSD:

John Allard, MajorPublic Affairs Officer521 Gibson Road.Lexington, S.C. 29072Office: 803-785-2145Cell: [email protected]

For ICE:Public Affairs Officer Barbara GonzalezOffice of Public Affairs and Internal CommunicationU.S. Department ofHomeland SecurityU.S. Immigration and Customs Enforcement (ICE)Southern Regional Communications Director/ SpokeswomanCharlotte, NCOffice: 704-679-6141Cell: [email protected]

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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 Field Office Director(FOD) area of responsibility. This appendix can be modified only in writing and by mutualacceptance of the FOD, the Sheriff, LEXINGTON COUNTY SHERIFF'S DEPARTMENT(LCSD), the ICE Office of State and Local Coordination (OSLC), and the ICE Office of thePrincipal Legal Advisor (OPLA).There are two models for the 287(g) program, a Task Force Officer (TFO) model or a Detentionmodel. Pursuant to this MOA, LCSD has been delegated authorities under the Detention modelas 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 LCSD toalso 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:

D 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;D 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;andD Level 3 - Aliens who have been convicted ofor arrested for other offenses.

Training:The 287(g) training program, the Immigration Authority Delegation Program (IADP), will betaught by ICE instructors and tailored to the immigration functions to be performed. ICE Officeof Training and Development will proctor examinations during the IADP. The LCSD nomineemust pass each examination with a minimum score of 70 percent to receive certification. If theLCSD nominee fails to attain a 70 percent rating on an examination, the LCSD nominee willhave one opportunity to remediate the testing material and re-take a similar examination. Duringthe entire duration of the IADP, the LCSD nominee will be offered a maximum of oneremediation examination. Failure to achieve a 70 percent on any two examinations (inclusive ofany remediation examination), will result in the disqualification of the LCSD nominee and theirdischarge from the IADP.

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Training will include, among other topics: (i) discussion of the terms 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 issues; (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 LCSD 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, ifneeded, refresh training requirements.Trained LCSD personnel will receive, as needed, a DHS email account and access to thenecessary DHS applications. The use of the information technology (IT) infrastructure and theDHS/ICE IT security policies are defined in the Interconnection Security Agreement (lSA). TheISA is the agreement between ICE Chief Information Security Officer (CISO) and LCSDDesignated Accreditation Authority (DAA). LCSD agrees that each of its sites using ICEprovided 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 LCSD 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 statisticalinformation. This data may also be used for ICE's statistical reporting requirements or to assessthe progress and success of the LCSD's 287(g) program.The LCSD 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 ofinformation under this MOA. The applicable Systems of Record Notice for privacy complianceis the ENFORCE Systems ofRecords Notice, 71 FR 13987, dated March 20,2006.Detention ofAliens:The LCSD has entered into an Inter-Governmental Service Agreement (IGSA) with ICEpursuant to which the LCSD will provide, for a reimbursable fee, detention of incarcerated aliens

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in LCSD facilities, upon completion of all criminal charges that caused the alien to be taken intocustody.

DETENTION MODEL:Participating LCSD personnel performing immigration-related duties pursuant to this MOA willbe LCSD officers assigned to detention operations supported by ICE. Those participating LCSDpersonnel will exercise their immigration-related authorities only during the course of theirnormal duties while assigned to LCSD jail/correctional facilities. Participating LCSD personnelwill identify and remove criminal aliens that reside within the LCSD's jurisdiction pursuant tothe tiered level of priorities set forth in Appendix D's "Prioritization" section.The participating LCSD personnel are authorized to perform the following functions as allowedby 287(g) of the INA for the Detention Model:

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)(1) 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 warrants of arrest for immigration violations pursuantto INA 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 fingerprinting, photographing, and interviewing of aliens, as well as the

preparation 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)(l), 8

C.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 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)(1) 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 LCSD to focus its use ofthe 287(g) program in accord with ICE's priorities.

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Supervision:A 287(g) delegation of authority detention model is designed to identify and remove aliensamenable to removal that are incarcerated within the LCSD's detention facilities pursuant to thetiered level of priorities set forth in Appendix D's "Prioritization" section. The followingidentifies each entity's roles and responsibilities. These roles and responsibilities include, butare not limited to:The LCSD shall provide notification to the ICE Detention and Removal supervisor of anydetainers placed under 287(g) authority within 24 hours.The LCSD shall coordinate transportation of detainees processed under 287(g) authority in atimely manner, in accordance with the MOA and/or IGSA.The LCSD is responsible for insuring proper record checks have been completed, obtaining thenecessary court/conviction documents, and, upon arrest, insuring that the alien is processedthrough ENFORCEIIDENT and served with the appropriate charging documents .The LCSD must immediately report all encounters of an individual who claims U.S. citizenshipto the FOD through their chain of command. The FOD shall make the appropriate notification toERO headquarters.The ICE supervisor IS responsible for requesting alien files, revIewmg alien files forcompleteness, approval of all arrests, and TECS checks and input. The FOD office isresponsible for providing the LCSD with current and updated DHS policies regarding the arrestand processing of illegal aliens.On a regular basis, the ICE supervisors are responsible for conducting an audit of theIDENT/ENFORCE computer system entries and records made by the LCSD'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 LCSD. The ICE supervisor will notify the LCSD of any errors in the system and theLCSD is responsible for submitting a plan to ensure that steps are taken to correct, modify, orprevent the recurrence of errors that are discovered.Nominated Personnel:All LCSD jail enforcement officer candidates shall have specific experience that should consistof 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 ofdiffering backgrounds and behavioral patterns.

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Interpretation Services (Section XV. ofMOA):In exercising their 287(g) authority, LCSD personnel may be allowed, dependent on localfunding, to use the Atlanta Field Office contract for the interpretation services when thoseservices are requested and required. ICE supervisors will provide the necessary contactinformation (dependent on the current ICE contract) to the LCSD within a reasonable amount oftime after receipt of their request for access to this service. LCSD does retain responsibility tohave a translation service available should the ICE services not be available or made available.

lexington county sheriff's department (south carolina) - new ice 287(g) moa (8/9/10)

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