Florida Regional Domestic Task Forces - former 287(g) agreement with ICE (7/2/02)

8/14/2019 Florida Regional Domestic Task Forces - former 287(g) agreement with ICE (7/2/02)

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FILE 0MEMORANDUM OF UNDERSTANDING

This Memorandum of Understanding (MOU) constitutes an agreement between theUnited States Department of Justice (DOl) and the State ofFlorida to create a pilot projectpursuant to which the Immigration and Naturalization Service (INS) authorizes 3S stat e and locallaw enforcement officers working specificallyas part of he State ofFlorida's Regional DomesticSecurity Task Forces (RDSTFs) to perfonn certain immigration officer enforcement functions asspecified herein. The Florida Department ofLaw Enforcement (FDLE) represents the State ofFlorida in the implementation and administration of this MOU.

It is the ,intent of his pilot project to address the counter-terrorism and domestic securityneeds of the nation and the State ofFlorida by enhancing those efforts through the authorizationof selected state and local law enforcement officers associated with the RDSTFs established underFlorida state law to perform certain functions of an immigration officer. The efforts ofofficers soauthorized under this MOU shall remain focused on counter-terrorism and domestic securitygoals.I. PURPOSE

The purpose of his MOU is to set forth the tenns and conditions under which a pilotproject in Florida will be conducted concerning the authorization ofstate and local lawenforcement officers (participating state and local officers) assigned to the RDSTFs to performcertain functions of an immigration officer, and how those participating state and local officerswill be nominated, trained, authorized, and supervised in conducting specified functionsof animmigration officer. .

Nothing herein shall otherwise limit the jurisdiction and powers normally possessed by apanicipating officer as a member of he' officers employing state or local law enforcement entity(employing entity). Nothing herein shall otherwise limit the abilityofpanicipating RDSTFmembers to provide, as provided by or allowed by law, such assistance in any enforcement actionunrelated to RDSTF operations as may be lawfully requested by a law enforcement officer havingjurisdiction over any such incident, crime, or matter under consideration. However, the exerciseofCederal immigration authority pursuant to thisMOU shall occur only as provided in this MOU.

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IV. DESIGNATION OF FUNCTIONSFor the purposes of this MOU, the functions that may be perfonned by the pa.r:ticipatingstate and local officers are indicated below with their associated authorities:AUTHORITY FUNCTIONS

Section 287(a)( l) - power to interrogate any Interrogate in order to determine probable causealien or person believed to be an alien as to his right to be or remain in the United States for an immigration arrestSection 287(a)(2) - powcc to am:st (without Complete required arrest reports and forms warrant) any alien in the UnitedStates, i f he Prepare immigration detainersoJIiccrbas rcasoa to bcIicvc the Ilieu to bearrested is theUnitedStates in violationof

Prepare atlidavits and take sworn statementslaw Sectioa 287(a)(4) - power to am:st (without Transport aliens under arrest warrant) fOl" felonies whichhave bcca NotifY INS of any III1'CSts made under thiscommiUcd mel which are ~ l c underany lawof abc United States JqUlatiogabc authority within 24 hoursadmissioa.exclusion. cxpulsioa. Ol" ranovalofalicus PR:Pare a Noticc To Appear (NTA) applicationfor signature Section 287(b) - power and authority toadminister oaths and to take and consider Assist in pre-arrest and post-aJTeSt caseevidencc processing of individuals taKen into custody by

8 CFR 287 S(a)(I) - interrogate any alien or INS, including: fingerprinting, photographing,person believed to be an alien as to his right interviewing. etc.to be or remisin in the United Slates Detain arrested aliens in INS approved dctention 8 CFR. 287.5(a)(2) - administer oaths and to facilitiestake and coasider evidence

8 CFR. 287.5(c)() ) - arrestofaliens W1der'section 287(a)(2) oflhe Ad. for immigrationviolations 8 CFR 287.S(a)(2) - arrestof aliens undersection 287(a)(4) ofthc Ad. for fcloniesregulating the admission or removalofaliens 8 CFR. 287.7(a) - detainers in general INA 236 - transportation

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Should this MOU be extended, INS will provide certified officers with additional updatedtraining on relevant administrative, legal, and operational issues related to the p e r f o ~ m a n c e ofimmigration-officer functions.VII. CERTIFICAnON AND AtITHORlZATION

The INS Training Division will certify in writing to the INS District Director, Miami,officers who successfully complete training and pass a competency test. Upon receipt ofTraining Division certification, the INS will provide to the participating state and local officers asigned document setting forth the authorization to perform for an initial period ofone year fromthe date of he authorization. specified imrnignition-officer functions. The INS will also provide acopy ofthe authorization to the FDLE and the employing agency of the officer receiving theauthorization. Every 3 months, the officer's performance will be e v a l ~ a t e d by theDistrict Director/designee and the FDLE Commissioner or designee to ensure that the officer hasconformed to the requirements of this MOU.

Participating state and local officers will provide an opportunity for subjects with limitedEnglish language proficiency to request an interpreter. Qualified foreign language interpreterswill be provided by the arresting agency as needed.

Authorization ofa participating state or local officer to act pursuant to this MOU may berevoked at any time by the INS, FDLE, or the employing entity ofthe officer. Such revocationwill require immediate notification of the INS, FDLE, and/or, the employing entity by therevoking party. The FDLE Commissioner and the INS District DirectorlMiami will beresponsible for notification of the appropriate personnel in their respective agencies. If aparticipating state or local officer becomes the subject of a complaint of any sort that may result inthat officer receiving employer discipline or becoming the subject of a criminal investigation, ~ h e employing entity shall, to the extent allowed by state law, immediately notify the FDLE and INSof the complaint. The resolution of the complaint shall be promptly reported to the INS andFDLE. The tennination of his MOU shall constitute revocation ofall INS authorizationsconveyed herein.VIII. COSTS AND EXPENDITURES

Participating RDSTF officers will carry out designated functions at state or local expense,including salaries and benefits, local transportation, and official issue material. The INS willprovide training personnel, training materials and supervision.

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IX. INS SUPERV1SIONImmigration-related activities of the participating state and local officers will be supervisedand directed by the INS representative to the respective RDSTF. Participating state and local

officers cannot perform any immigration officer functions pursuant to the INS authority exceptwhen fulfilling their assigned RDSTF duties and under the direct supervision of the INS officer.However, the INS officer shall coordinate involvement of such state or local officers in INS-related operations with the RDSTF supervisor to assure appropriate utilization of personnel inRDSTF efforts. Part icipa ting state and local officers are no t to be utilized in routine INSoperations unless the operation has a nexus to the RDSTFs domestic security and counterterrorism function. Each participating state or local officer engaged in an INS-related operationshall follow and adhere to the supervision and direction given by the designated INS officer incharge of ~ h e operation. If at any time the INS officer detennines that an INS-related operationshould be tenninated, all actions related to said operation are to be promptly terminated in a .manner assuring the safety of all involved law enforcement officers. Nothing in this MOU,however, limits RDSTF officers or agents who are within their normal tenitorial jurisdiction(s)from acting unilaterally as officersor agents of their employing entity to engage in continuedinvestigative or enforcement actions as authorized by their employing entity. Any such actionsshall not be considered the operations of the INS or the ~ S T F and shall not fall within theprivileges an d obligations of his MOU. The INS, the RDSTF, and its member agencies are notresponsible fo r the actions of any participating agency or its officers or agents taken after the lNS-related RDSTF operation has been terminated or any actions of a participating state or localofficer performed outside the scope of this MOU.

If a conflict arises between an order or direction provided by the assigned INS officer andthe rules, standards, or policies of a participating state or local officer's employing entity, theconflict shall be promptly reported to the District Director/designee when circumstances safelyallow the concern to be raised. The District Director/designee, in conjunction with the RDSTFsupervisor, shall attempt to resolve the conflict in a manner to allow the immigration-relatedoperation to continue appropriately. No officer or agent shall be required to knowingly violatethe policy of his or her employing agency while participating in rNS-related operations.X. LIABILITY AND RESPONSIBILITY

The INS. FDLE. and all other participating employing agencies understand and agree thatexcept as otherwise noted In this MOV or allowed by federal law, they will be responsible fortheir own liability and bear their own costs with regard to their property and resources, orpersonnel expenses incurred by reason of death, injury, or incidents giving rise t9 liability.

Participating state and local officers shall not be treated as federal employees except forpurposes of the Federal Tort Claims Act, 28 V.S.c. 26712680, and worker's compensationclaims, 5 U.S.c. 8101 el seq., when performing a function as authorized by this MOU.

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Except for the rights of participating state and local officers as described in paragraph X,this MOU does not, is not intended to, shall not be construed to, and may not be relied 'upon tocreate any lights, substantive or procedural, enforceable at law by any person in any matter, civilor criminal. .

By signing this MOU, each party represents it is fully authorized to enter into thisagreement, and accepts the tenns, responsibilities, obligations, and limitations of this Agreement,and agrees to bound thereto to the fullest extent allowed~ i . ~ ~ 1 = ~ y G e n e r a l of the Unite StatesDate

'ssionerIda Department ofLaw Enforcementssioneration and Naturalization Service( . / '1 ) 0'1- 6-/3-(12-.Date


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APPENDIXBCOMPLAINT PROCEDURE

This project is a joint effort between the Department ofHomeland Security (DHS) andthe State ofFlorida in which state and local law enforcement officers are authorized to perfonnimmigration enforcement functions under Federal authority. As such, the training, supervision,and performance ofparticipating state and local officers pursuant to this Memorandum ofUnderstanding (MOU), as well as the protections for individuals' civil and constitutional rights,are to be closely monitored. A key part of that monitoring will be accomplished through thesecomplaint reporting and resolution procedures, which the parties to this MOU have agreed tofollow.Complaints filed against participating state and local officers in the course of their regular

duties will remain the domain of the Florida Department ofLaw Enforcement (FDLE) Office ofExecutive Investigations (El) or of the Internal Affairs Unit (IAU) of he respective local lawenforcement entity providing personnel under this MOU ("employing entity"). The appropriateabove-listed entity will also handle complaints filed against officers who may performimmigration enforcement functions but who are not certified under this MOU. The number andtype of he latter complaints will be monitoredby the steering committee established pursuant toSection vrn of the MOU.. In order to simplify the process for the public, complaints agaiilst participating state andlocal officers relating to their immigration enforcement functions can be reported in a number ofways. The Bureau of Immigration and Customs Enforcement (ICE) Headquarters Office ofInternal Audit (OIA) and FDLE EI will coordinate complaint receipt and investigation. The ICEOIA will forward appropriate complaints to the DHS Office of Inspector General (OIG) forreview and referral to the Department of Justice's Civil Rights Division "(DOJ CRT) asappropriate.

The ICE OIA will coordinate complaints related to participating state and local officerswith FDLE EI as detailed below. Further referral, tracking, and coordination with the employingentity will be the responsibility ofFDLE, as deemed appropriate. Should circumstances warrantinvestigation of a complaint by the DRS OIG or the DO] CRT, this will not preclude the DRSOIG, DO] CRT or ICE OIA from conducting the investigation in coordination with FDLE EI orcontacting the employing entity as appropriate.

The ICE OIA will adhere to established DHS and ICE procedures relating to reportingand resolving allegations of employee misconduct, and the FDLE EI wi11 fol1ow applicableFDLE policies and procedures, FDLE and State ofFlorida personnel rules, Florida Statutes, andcollective bargaining agreements.

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I. Complaint Reporting ProceduresA. Dissemination of Complaint Reporting ProceduresComplaint reporting procedures shall be disseminated throughout the State of Florida (inEnglish and other languages as appropriate) in order to ensure that individuals are awareof the availability of such procedures.B. Acceptance of ComplaintsComplaints will be accepted from any source (e.g., ICE, FDLE, agents or officersoperating under the authority of this MOU, employing entities, and the public).C. Reporting MechanismsComplaints can be reported to federal authorities as follows:

1. Telephonically to the Miami, Florida Field Office of the Department ofHomeland Security Office of the Inspector General, at (954) 602-1980, or atthe to11- free hotline number 1-800-323-8603, and

2. Telephonically to the ICE OIA at (202) 514-5765, or3. Via Facsimile to the ICE OIA at (202) 514-7244, or4. Via mail as follows:U.S. Department of Homeland SecurityU.S. Immigration and Customs EnforcementOffice of Internal AuditInternal Investigations Branch425 1St., NWRoom 3260Washington, D.C. 20536

Complaints can also be referred to and accepted by any of the following FDLE entities:1. The applicable FDLE Regional Director2. Any reporting or affected officer's supervisor

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B. Referral ofComplaints to FDLE EIThe ICE OIA will refer complaints, as appropriate, involving state or local personnel tothe FDLE EI for resolution. Upon consultation with ICE OIA, FDLE EI may refer thecomplaint to the local employing agency for investigation. FDLE EI will be advised ofthe course and outcome of the investigation in order to coordinate with ICE OIAregarding an appropriate resolution of he complaint and any notification regarrung theresolution, as appropriate.C. Interim Action Pending Complaint ResolutionWhenever any state or local officer assigned under the MOV is under investigation andsubject to interrogation by members of his or her employing agency for any reason thatcould lead to disciplinary action, demotion, or dismissal, the requirements of section112.531, Part VI of the Florida Statutes shall be honored. If appropriate, state or localpersonnel may be removed from participation in the activities covered under the MOUpending resolution ofan inquiry.D. Time Parameters for Resolution ofComplaintsIt is expected that any complaint received will be resolved within 90 days. However, thiswill depend upon the nature and complexity of he substance of the complaint itself.E. Notification ofResolution ofa ComplaintThe ICE OIA will coordinate with the FDLE EI to provide appropriate notification tocomplainants with regard to the resolution of a complaint.

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APPENDIXCPUBLIC INFORMATION POINTS OF CONTACT

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

Al Dennis, Director of Public InformationFlorida Department of Law EnforcementP.O. Box 1489Tallahassee, Florida 32302-1489(850) 410-7001

For ICE:Garrison Courtney, Public Affairs OfficerOffice ofPublic Affairs and Internal CommunicationU.S. Department ofHomeland SecurityU.S. Immigration and Customs Enforcement425 I Street, NWWashington, DC 20536(202)514-2648

Florida Regional Domestic Task Forces - former 287(g) agreement with ICE (7/2/02)

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