Hall County Sheriff's Office (Georgia) - former 287(g) agreement with ICE

8/14/2019 Hall County Sheriff's Office (Georgia) - former 287(g) agreement with ICE

1/16


2/16

FEB-29-2008 10:38A FRON:SHERIFF'S OFFICE 7705317150 10:912023531694 P.3

LV. ASSIGNMENTSBefore participating LEA personnel receive authorization to perform immigration officerfunctions granted under this MOA, they must successfully complete mandatory four (4) weektraining, as described in Section VIII, in the enforcement of Federal immigration laws andpolicies as provided by ICE instructors and thereafter pass examinations equivalent to thosegiven to ICE officers. Only participating LEA personnel who are selected, trained, authorized,and supervised, as set out herein, have authority pursuant to this MOA to conduct theimmigration officer functions enumerated in this MOA.Participating LEA personnel performing immigration-related duties pursuant to this MOA willbe LEA officers assigned to Hall County Gang Task Force and the Hall County Detention Center(HCDC). Participating LEA personnel will be exercising their immigration-related authoritiesduring the COurse of criminal investigations involving aliens encountered within Hall County,Georgia and alien inmates encountered at the Hall County Detention Center. Any combinationof these officers or others may be assigned andior co-located as task force officers to assist ICEagents with criminal investigations.The mission ofthcsc LEA assignments is summarized as follows:Anti-Gang Unit: The LEA personnel assigned to the anti-gang unit engage in law enforcementactions that are targeted against gang activity.Hall CoulllY Detention Center: The LEA personnel assigned to the HCDC will performimmigration officer functions involving inmates encountered at the HCDC.

V. DESIGNATION OF AUTHORIZED FUNCTIONSFor the purposes of this MOA, participating LEA personnel will be authorized to perform thefollowing functions pursuant to the stated authorities, subject to the limitations contained in thisMOA:

The power and authority to interrogate auy person believed to be an alien as to his rightto be or remain in the United States (INA 287(8)(1) and 8 C.F.R. 287.5(a)(1)) and toprocess for immigration violations those individuals who are convicted of State orFederal felony offenses;

The power to arrest without warrant any alien entering or attempting to unlawfully enterthe United States, or any alien in the United States, ifthe officer has reason to believe thealien to be arrested is in the United States in violation of law and is likely to escapebefore a warrant can be obtained. INA 287(a)(2) and &C.F.R. 287.5(c)(1);

2


3/16

FEB-29-2008 10:39A FROM: SHERIFF'S OFFICE 7705317150 TO: 912023531694 P ,4

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 of aliens, if there is reason to believe that Iheperson so arrested has committed such felony and if there is likelihood of the personescaping before a warrant can be obtained. INA 287(a)(4) and 8 C,F.R. 287.5(c)(2}.Notification ofsuch arrest must be made to ICE within twenty-feur (24) hours;

The power and authority to serve warrants of arrest for immigration violations purs'uantto 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.P.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 tu 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 signamre of an TCE officer for aliens incategories established by rCE supervisors;

The power and authority to issue immigration detainers (8 C.F.R. 287.7) and 1-213,Record of Deportable/Inadmissible Alien, for processing aliens in categories establishedby ICE supervisors; and

The power and authority to detain and transport (8 C.F.R. 287.5(c)(6)) arrested aliens toICE-approved dercntion facilities.VI. DETENTION ISSUES

The LEA is expected to pursue to completion prosecution of the State or local charges thatcaused the individual to be taken into custody. ICE will assume custody of individuals who havebeen convicted of a State or local offense only after sllch individuals have concluded service ofany sentence of incarceration. ICE will also assume custody of aliens with prior criminalconvictions and when immigration delention is required by statute. The ICE Detention andRemoval Operations Field Office Director or his designee will assess on a case-by-case basis theappropriale removal vehicle to be employed andlor whether to assume custody of individualsthat do not meet the above criteria based on specinl interests or other extenuating circumstancesafter processing by the LEA. The immigration laws provide ICE Detention and RemovalOperations (DRO) with the discretion to manage limited ICE detention resources, and ICE FieldOffice Directors may exercise this discretion, in appropriate cases, by declining to detain alienswhose detention is not mandated by Federal statute.

3


4/16

FEB-29-2a08 10:39A F R a ~ : S H E R I F F ' S OFFICE 7705317150 TO: 912023531694 P,5

If ICE detennines that it is necessary, the LEA wil! cnter into an Inter-Governmental ServiceAgreement (lGSA) with ICE pursUartt to which, the LEA will provide, for a reimbursable fee,detention of incarcerated aliens in LEA faCilities, upon the completion 0 f their sentences. TheLEA facility will be expected to meet the ICE detention startdards for either a less than 72-houror over 72-hour facility as determined by ICE, and consistent with the anticipated detentionperiod. If ICE determines that it is necessary, the LEA will provide ICE, at no cost, with anoffice within each participating LEA facility for ICE supervisory employees to work.The parties understand that the LEA will not continue to detain an alien after that alien is eligiblefor release from the LEA's custody in accordance with applicable law and LEA policy, exceptfor a period of up to 48 hours, excluding Saturdays, Sundays, and any holiday, pursuartt to anICE detainer issued in accordance with 8 C.F.R. 287.7, absent an IGSA in place as describedabove.Upon completion of processing and release from the LEA's affiliated detention facilities of anindividual who participating LEA personnel have determined to be a removable alien, the alienwill be transported by either the LEA, Detention and Removal Operations personnel or otherpersonnel who arC contracted and authorized to perform transportation duties on the same day toan ICE designated office or facility, after notification to and coordination with the ICEsupervisory officer, so that no further detention costs will be incurred by ICE.

VII. NOMINATION OF PERSONNELThe Hall County Sheriffs Office will nominate candidates for initial training artd certificationunder this MOA. For each candidate, ICE may request any information necessary for abackground check lo include but not be limited to submission of fingerprints and n personalhistory questionnaire to evaluate a candidate's suitability to participate in the enforcement ofimmigration authorities under this MOA. All candidates must be United States citizens. Allcandidates must have at least two years of LEA work experience. All candidates must beapproved by ICE and must be found eligible for access to sensitive infonl1ation.Hall County Sheriffs Office and ICE enter into Ehis lvlOA in good faith and agree to abide by thetenns and conditions contained herein. Hall County Sheriffs Office agrees to use due diligenceto screen individuals nominated tor [raining and agree that individuals who successfullycomplete the training under this MOA will perform immigration officer functions authorizedunder 287(g) for a minimum oftwo (2) years. Any failure by the Hall County Sheriffs Office tofulfill this commitment could jeopardize the tenns of this MOA and ICE reserves the right totenninate this MOA, suspend participation in the 287(g) training program, or take otherappropriate action as necessary.Candidates working with jail populations shall have specific experience that should consist ofhaving supervised inmates. Cartdidates must show that they have been trained on, and concernedwith, maintaining the security of the facility. Candidates must have enforced rules andregulations governing the faeility on irunate accountability and conduct. Candidates must alsoshow an ability to meet and deal with people of differing backgrounds and behavioral patterns.

4


5/16

FEB-29-200B 10:40A FROM'ShERIFF'S OFFICE 7705317150 TO: 912023531694 p,e,

Candidates working with Task Force operations shall have knowledge of, and have enforced,laws and regulations pertinent to thei!' law enforcement activities and their jurisdictions. Theapplicant's work experience should consist of interviewing witnesses, interrogating subjects,providing constirutional rights warnings, obtaining statements and executing search and seizurewarrants. An emphasis should be plaCed on officers who have planned, organized and conductedcomplex investigations reluting to violations of criminal and civil law. All task force candidatesmust be s,vorn/certified officers, must possess arrest authority, and must be authorized to carryfirearms.All candidates must be approved by ICE and must be able to qualify for appropriate federalsecurity clearances. Should a candidate not be approved, a substitute candidate may besubmitted if time permits such substitution to occur without delaying the start of training. Anyfuture expansion in the number of participating LEA personnel or scheduling of additionaltraining classes may be based on an oral agreement of he parties, but will be subject to all therequirements of this MOA.

VIII. TRAINING OF PERSONNELICE will provide participating LEA persormel with the maudatory four (4) week training tailoredto the immigration functions to be performed.Training will include, among other things: (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 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 partici?ating LEA personnel are trained and cettified, ICE mayprovide additional updated training on relevant administrative, legal, and operational issuesrelated to the performance of immigration officer functions, unless either party terminates thisMOA pursuant to Section XX, below. Local training on relevant issues will be provided on anongoing basis by ICE supervisors or a deSignated team leader.

lX. CERTIFICA TlON AND AUTHORIZATIONThe ICE Training Division will certiiY in writing to ICE Special Agent in Charge or andlor theICE Field Office Director in Atlanta the names of those LEA personnel who successfullycomplete training and pass all required testing. Upon receipt ofTraining Division certification,the ICE Special Agent in Charge or and/or the rCE Field Office Director in Atlanta will providethe participating LEA personnel with a signed authorization to perform specified functions of animmigration officer for an initial period of one year from the date of the authorization. ICE willalso provide a copy of the authorization to the LEA. The rCE supervisory officer, or designatedteam leader, will evaluate the activities of all persOlUlei certified under this MOA.

5


6/16

F58-23-2008 10:41R FROI1:SHERIFF'S OFFICE 7705317150 TD:91202353!694 P.!

Authorization of participating LEA personnel to act pursuant to this MOA may be revoked atany time by ICE or the LEA. Such revocation will require immediate notification to the otherparty to this MOA. TIle Hall County Sherif f and the ICE Special Agent in Charge or andlor rheICE Field Office Director in Atlanta will be responsible for notification of the appropriatepersonnel in their respective agencies, The termination of this MOA shall constitute revoC


7/16

FES-29-2008 10:41R FROM:SHERIFF'S OFFICE 7705317150 TO: 912023531694 P.B

XI. ICE SUPERVISIONImmigration enforcement activities conducted by the participating LEA personnel will besupervised and directed by rCE supervisory officers or the designated ream leader in HallCounty, Georgia. Participating LEA persolmel arC not authorized to perform immigration officerfunctions, except when working under the supervision of an TCE officer, or when acting pursuantto the guidance provided by an ICE agent. Participating LEA personnel shall give timely noticeto the ICE supervisory officer within 24 hours of any detainer issued under the authorities setforth in this MOA. The actions of participating LEA personnel will be reviewed by ICEsupervisory officers On an ongoing basis to ensure compliance with the requirements of theimmigration laws and procedures and to assess the need for individual additional training orguidance.For purposes oft lli5 MOA, ICE officers will provide supervision of participating LEA personnelonly as to immigration enforcement functiolls. The LEA retaills supervision of all other aspectsof the employment of and perfonnancc ofduties by participating LEA persOlUle!.Tn the absence of a written agreement to the contrary, the policies and procedures to be utilizedby the participating LEA persormel in exercising these authorities shall be DHS and ICE policiesand procedures, including the ICE Use ofForce Policy. However, when engaged in immigrationenforcement activities, no participating LEA personnel will be expected or required to violate orotherwise tail to maintain the LEA's rules, standards, or policies, or be required to filil to abideby restrictions or limitations as may otherwise be imposed by law.If a conflict arises bel ween an order or direction of an ICE supervisory officer or a DRS or ICEpolicy and the LEA's rulcs, standards, or policies, the conflict shall be promptly reported to theICE Special Agent ill Charge Or and/or the ICE Field Office Director in Atlanta, or designees,and the Hall County Sheriff or designee, when circumstances safely allow the concern to beraised. The ICE Special Agent in Charge or andlor the ICE Field Office Director in Atlanta andthe Hall County Sherif f shall attempt to resolve the conflict.

XII. REPORTING REQUIREMENTSThe LEA will be responsible for tracking and maintammg accurate data and statisticalinformaiion for their 287(g) program, including any specific tracking data requested by ICE.Upon ICE's request, such data and information shall be provided to ICE for comparison andverification with ICE's own data and statistical information, as well as for ICE's statisticalreporting requirements and to assess the progress and success of the LEA's 287(g) program.

7


8/16

F.EB-2g-2008 1 0 : ~ 2 R F R Q ~ : S H E R I F F ' S OFFICE 7705317150 TO: 912023531594 P.9

XII!. LIABILITY Al'lD RESPONSIBILITYIf any participating LEA 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 LEA shall, to the extent allowed by State law, immc-diatcly notify ICE of theexistence and nature of the CDmplaint. The resolution of the complaint shall also be promptlyreported to ICE. Complaints regarding the exercise of immigration enforcement authority byparticipating LEA personnel shall be handled as described below.Except as otherwise noted in this MOA or allowed by Federal law, the LEA will be responsibleand bear the costs of participating LEA personnel with regard to their property or personnelexpenses incurred by rcason of death, injury, or incidents giving rise to liability.Participating LEA persomlel will only be treated as Federal employees for purposes of theFederal Tort Claims Act, 28 U.S.C. 2671-2680, and worker's compensation claims, 5 U.S.C. 8101 ct seq., when pcrfonning n function as authorized by this MOA. 8 U.S,c. 13S7(g)(7). Itis the understanding of the parties to this MOA that participating LEA personnel will enjoy thesame defenses and immunities available to ICE ofilcers from personal liability arising from tortlawsuits based on actions conducted in compliance with ihis MOA. 8 U.S.C. 1357(g)(8).Participating LEA persoll.'1el named as defendants in litigation arising from activities carried outunder this MOA may request representation by the U.S. Department of Justice. Such requestsmust be made in writing directed to the Attorney General of the United States, and will behandled in coordination with the ICE Special Agent in Charge or andlor the rCE Field OfficeDirector in Atlanta. Requests for representation must be presented to the ICE Offiee of the CbiefCounsel at 77 Forsyth Street, 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 eventCs) at issue in the lawsuit, to the ICE Office of the PrincipalLegal Advisor, which will forward the request, the factual memorandum, and an advisorystatement opining whether such representation would be in the interest of the United States, tothe Director of the Constitutional and Specialized Torts Staff, Civil Division, Department ofJustice. ICE will not be liable for defending or indemnifYing acts of intentional misconduct onthe part of participating LEA personnel.The LEA agrees to cooperate with any Federal investigation related to this MOA to the fullextent of its available powers. It is understood th8t infonnation provided by any LEA personnelunder threat of disciplinary action in an administrative investigation cannot be used against thatindividual in subsequent criminal proceedings, consistent with Garritv v. New Jersey. 385 U.S.493 (1967).

8


9/16

FEB-29-2008 10;42R FROM:SHERIFF'S OFFICE 7705317150 TO: 912023531594 P.10

As the activities of participating LEA personnel under this MOA are undertaken under Federalauthority, the participating LEA 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.

XIV. COMPLAINT PROCEDURESThe complaint reporting and resolution procedure for allegations of misconduct by participatingLEA personnel, with regard to activities undertaken under the authority of this MOA, is includedat Appendix B.

XV. CNILRIGHTS STANDARDSParticipating LEA personnel who perform certain Federal immigration enforcement functions arebound by all Federal civil rights statutes and regulations, including the U.S. Department ofJustice HGuidance Regarding The Use Of Race By Federal Law Enforcement Agencies" datedJune 2003.Participating LEA personnel will provide an opportunity for subjects with limited Englishlanguage proficiency to request an interpreter. Qualified foreign language interpreters will beprovided by the LEA as needed.

XV!. STEERING COMMITTEEThe ICE Special Agent in Charge orand/or the ICE Field Office Director in Atlanta and the HallCounty Sheriff shall establish a steering committee that will meet periodically to review andassess the immigration enforcement activities conducted by the parricipating LEA personnel andto ensure compliance with the tenns of this MOA. The steering committee will meetperiodically in metro Atlanta at locations to be agreed upon by the parties, or via teleconference.Steering committee participants will be supplied with specific infonnation on case reviews,individual participants' evaluations, complaints filed, media coverage, and, to the extentpracticable, statistical information 011 increased immigration enforcement activity in HallCounty, Georgia. An initial review meeting will be held no later than nine months aftercertification of the initial class ofparticipating LEA personnel under Section lX, a b o v ~ .

XVII. COMMIJNITY OUTREACHThe LEA may. at its discretion, engage in community outreach with individuals andorganizations expressing an interest in this MOA. ICE may participate in such outreach upon theLEA's request.

XVIII. RELATIONS WITH THE NEWS MEDIAThe LEA may, at its discretion, communicate the substance of this agreement to organizationsand groups expressing an interest in th" law enforcement activities to be engaged ill under this

9


10/16

FI;8-29-2008 10:43R FRON:SHERIFF'S OFFICE 77053171521 TO: 912023531694 P . l l

MOll.. This MOA also describes the complaint procedures available to members of the publicregarding actions taken by parLicipating LEA personnel pursuant to this agreementThe LEA hereby agrees to coordinate with ICE regarding infoDnation to be released to the mediaregarding actions taken under this MOA. All comaet with the media involving investigationsconducted under this MOA by TFOs will be done pursuant to ICE policy. The points of contactfor ICE and the LEA for this purpose are identified in Appendix C.

XIX MODlFICATION OF THIS MOAModifications to this MOA musl be proposed in writing and approved by the signatories.

xx. DURATION AND TERMINATION OF THIS MOAThis MOA will remain in effect from the date of signing until it is ( ~ n n i n a t e d by either pmty.Either party, upon wlitten notice to the other party, may terminate the MOA at any time. Atcnnination notice shan be delivered personally or by certified or registered mail and tel1uinationshall take effect immedialely 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. Notice oftennination or suspension by ICE shall be given to the Hall County Sheriff. Notice oftennination or suspension by the LEA shall be given to ICE Special Agent in Charge or and/orthe ICE Field Office Director in Atlanta.

10


11/16

FEB-29-2008 10:43A FROM:5HERIFF'5 OFFICE 7705317150 TO: 912023531694 P.12

Tms 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 malter, civilor criminal.By signing this MOA, each party represents it is fully authorized to enter into this MOA, andaccepts the tenns, responsibilities, obligations, and limitations of this MOA, and agrees to bebound thereto to the Iblles! extent allowed by law.Date: ~ ( , I DR4 .. i ~ l v y \ dSSistant SecretaryImmigration and Customs EnforcementDepartment of Homeland Security

Date: iil-pe/ott~ 4 : ChainnanHall County Board ofCommissioners

Steve Cronic, SheriffHall Coumy

11


12/16

FEB-29-2008 10:43A FROM:SHERIFF'S OFFICE 771215317150 TO: 912023531694

APPENDlXAPOINTS OF CONTACT

The ICE and LEA poi"t" of contact for purposes of implementation of this MOA are:

For the LEA: SheliffSteve CronicHal! County Sheriffs Office610 Main st.Gainesville, Georgia 30501(770) 53 1-6900

For ICE DRO: Marks lohnsAssistant Field Office Director77 Forsyth StAtlanta, Georgia 30303(404) 3312765 ext 5430

For ICE 01: Robert RodriguezAssistant Special Agent in Charge169J Phoenix Blvd, Stc 250Atlanta, Geoq,>ia 30349(770) 9944178

12

P,13


13/16

FSB-29-2008 10:44A F R C ~ : S H E R I F F ' S OFFICE T!05317150 TO: 512023531694 P.14

APPENDlXBCOMPLAINT PROCEDlJRE

This MOA is an agreement between DliS/ICE and the Hall County Sheriff's Office, hereinafterreferred to as the "Law Enforcement Agency" (LEA), pursuant to which selected LEA pcr,onnelare authorized to perform immigration enforcement duties in specific situations under Federalauthority. As such, the training, supervision, and perfonnancc of participating LEA personnelpursuant to the MOA, as well as the protections for individuals' civil and constitutional rights,are to be monitored. Part of that monitoring will be accomplished through these complaintreporting and resolution procedures, which the parties to the MOA have agreed to follow.The MOA sets fOlth the process for designation, training, and certification of ce11ain LEApersonnel to perform certain immigration enforcement functions specified herein. Complaintstiled against those personnel in the course of their non-immigration duties will remain thedomain of the LEA and be handled in accordance with the LEA's Manual of Policy andProcedures, or equivalent rules, regulations or procedures. The LEA will also handle complaintsfiled against personnel who may exercise immigration authority, but who are not designated andcertified under this MOA. The number and type of the latter complaints will be monitored by theSteering Committee established under Section XVI of the MOA.In order to simplifY the process for the public, complaints against partiCipating LEA personnelrelating to their immigration enforcement can be reported in a number of ways. The ICEHeadquaners Office of Professional Responsibility (OPR) and the LEA's AdministrativeInvestigations Unit will coordinate complaint receipt and investigation.The ICE OPR will forward complaints to the Department of Homeland Security's Office ofInspector General (DHS OrG) as appropriate for review, and ensure notification as necessary tothe U.S. Department of Justice Civil Rights Division (DO) CRD). The ICE OPR will coordinatecomplaints related to participating personnel with the LEA's Administrative Investigations Unitas detailed below. Should circumstances warrant investigation of a complaint by the DHS OIGor the DO) CRD, this will not preclude the DHS OlG, DOJ CRD, Or ICE OPR from conductingthe investigation in coordination with the LEA'5 Administrative Investigations Unit, whenappropriate.The ICE OPR will adhere to established procedures relating to reporting and resolvingallegations of employee misconduct, and the LEA's Administrative Investigations Unit willfollow applicable LEA policies and procedures, personnel rules, state statutes, and collectivebargaining agreement requirements.

13


14/16

FES-29-2008 11il:44A FROf1:SHERIFF'S OFFICE 7705317150 TO: 912823531694 P.1SI, Complaint Reporting ProceduresComplaint reporting procedures shall be disseminated as appropriate by the LEA within facilitiesunder its iurisdiction (in English an! other lauguages as appropriate) in order to ensure that

Complaints will be accepted from any source (c.g.: ICE, LEA, participating LEA personnel,inmates, and the public).Compluints can be reported to Federal authorities as follows:

l. Telephonically to the ICE aPR at the Joint Intake Center (JIC) inWashington, D,C, , at the toll-free number 1-877-246-8253, or2. Telephonically to the Special Agent in Charge of the ICE OPR office inPlantation, Florida at (954) 327-4100 or3. Via mail as follows:

U.S. Department ofHomeland SecurityU.S. Immigration and Customs EnforcementOffice of Professional Responsibility425 [ Street, NWRoom 3260Washington, D,C. 20536

Complaints can also be referred ro and accepted by any of the following LEA entities:A. The LEA's Administrative Investigations UnitSgt. Robin Kemp

Hall County Sheriff's Office610 Main St.Gainesville, Georgia 30501

B. The supervisor of any participating LEA personnel

2. Review ofComplaintsAll complaints (written or oral) reported to 11,e LEA directly, which involve activities connectedto immigration enforcement act.ivities authorized under this MOA, will be reported to the ICEOPR. The ICE aPR will verify participating personnel stains under the MOA with theassistance of the Special Agent in Charge of the ICE Office of Investigations in Atlanta.Complaints received by any ICE entity will be reported directly to the ICE aPR as per existingICE policies and procedures.

14


15/16

F ~ B - 2 9 - 2 0 0 B 10:44A FROM:SHERIFF'S OFFICE 77135317150 TO: 912023531694 P,16

In all instances, the ICE OPR, as appropriate, will make an initial detennination regarding DHSinvestigative jurisdiction and refer the complaint to the appropriate office for action as soon aspossible, given the nature of the complaintComplaints reported directly to the ICE OPR will be shared with the LEA's AdministrativeInvestigations Unit when the complaint involves LEA personnel. Both offices will thencoordinate appropriate investigative jurisdiction, which may indude initiation of a jointinvestigation to resolve the issue(s),3. Complaint Resolution ProceduresUpon receipt of any complaint, the ICE OPR will undertake a complete review of each complaintin accordance with existing ICE allegation criteria and reporting requirements. As stated above,the ICE OPR will adhere to existing ICE reporting reqUirements a . ~ they relate to the DHS DIGandior the DOJ CRD. Complaints will be resolved using the existing procedures, supplementedas follows:

A. Referral ofComplaints to LEA's Administrative Investigations Unit.The ICE OPR will refer complaints, as appropriate, invoiving LEA personnel tothe LEA's Administrative Investigations Unit for resolution. The Hall CountySheriff will infonn ICE OPR of the disposition and resolution of any complaintsreferred by ICE OPR.B. Interim Action Pending Complaint ResolutionWhenever any participating LEA personnel are under investigation and subject tointen'ogalion by the LEA for any reason that could lead to disciplinary action,demotion. or dismissal, the requirements of the Hall County Sheriff's Office shallbe honored. If appropriate, an individual may be removed from participation inthe activities covered under the MOA pending resolution of an inquiry.C. Time Parameters for Resolution ofComplaintsIt is expected th.t any complaint received will be resolved within 90 days.However, this will depend upon the nature and complexity of he substance of thecomplaint itself.D. Notification ofResolution of a ComplaintICE OPR will coordinate with the LEA's Administrative Investigations Unit toensure notification as appropriate to the subject(s) of a complaint regarding theresolution oflhe complaint.

15


16/16

F ~ B - 2 9 - 2 0 @ 8 lB:45A FROM:ShERIFF'S OFFICE 77053171510 TO: 9120235316S4 P.17

APPENDIXCPUBLIC INFORMATION POINTS OF CONTACT

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

For the LEA:Sheriff Steve CronicHall County Sheriffs Office610 Main St.Gainesville, Georgia 30501770-531-6900

For ICE:Public Affairs Officer Richard RochaOffice ofPublic Affairs and lntemal CommunicationU,S. Department of Homeland SecurityU.S. lnulligration and Customs Enforcement425 I Street NWWashington, DC 20536(202) 616-8895Special Agent in ChargeU S, Immigration and Customs Enforcement1691 Phoenix Blvd. Ste. 250Atlanta, Georgia(770) 9944200Field Office DirectorU.S. Immigration and Customs Enf()rcemen!Detention and Removal Operations180 Spring St.Atlanta, Georgia 30303(404) 925-5029

16

Hall County Sheriff's Office (Georgia) - former 287(g) agreement with ICE

Documents

Transcript of Hall County Sheriff's Office (Georgia) - former 287(g) agreement with ICE