Colorado Department of Public Safety (DPS) - former 287(g) agreement with ICE

8/14/2019 Colorado Department of Public Safety (DPS) - former 287(g) agreement with ICE

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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 Colorado Department of Public Safety/Colorado State Patrol(CDPS/CSP), hereinafter referred to as the "Law Enforcement Agency" (LEA), pursuant towhich ICE authorims up to a maximum of 24 nominated, trained, and certified LEA personnel toperfonn certain immigration enforcement functions as specified herein. It is tbe intent of theparties that these delegated authorities will enable the LEA to identify and process immigrationviolators in the State of Colorado. ICE and LEA points of contact for purposes of his MOA areidentified in Appendix A.

I. PURPOSEThe purpose of this MOA is to set forth the tenns and conditions pursuant to which selected LEApersonnel (participating LEA personnel) will be nominated. trained, and thereafter performcertain functions of an immigration officer within the State of Colorado. Nothing containedherein shall otherwise limit the jurisdiction and powers normally possessed by participating LEApersonnel as members of the LEA. However, the exercise of the immigration enforcementauthority granted under this MOA to participating LEA personnel shall occur only as provided inthis MOA. This MOA also describes the complaint procedures available to members of thepublic regarding immigration enforcement actions taken by participating LEA personneJpursuant to this agreement.

II. AUTHORITYSection 287(g) of the Immigration and Nationality Act (INA), also codified at 8 U.S.C. 1357(8), as amended by the Homeland Security Act of200l, Public Law 107-276, authorizes theSecretary of the Department of Homeland Security, acting through the Assistant Secretary ofICE, to enter into written agreements with a State or MY political subdivision of a State so thatqualified persoMel can perfonn certain functions of an immigration officer. This MOAconstitutes such a written agreement.

Ill. POLlCYThis MOA sets forth the soope of the immigration officer functions that DHS is authorizing theparticipating LEA persolUlel to perfonn. It sets forth with specificity the duration of theauthority conveyed and the specific lines of authority, including the requirement that the activityof participating LEA personnel are subject to ICE supervision while perfonning inunigration-. related duties pursuant to this MOA. For the purposes of this MOA, ICE officers will providesupervision for participating LEA personnel only as to immigration enforcement functions.CDPS/CSP retains supervision of all other aspeCts of the employment of and performance ofduties by participating CDPS/CSP personnel.

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IV. ASSIGNMENTSBefore participating LEA p e r s o n f i l ~ l receive authorization to perform immigration officerfunctions granted under this MOA, they must successfully complete mandalory oS-week training,as described in Section VIll, in the enforcement of federal immigration laws and policies asprovided by ICE instructors and thereafter pass examinations equivalent to those given to 1


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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. INA 281(a)(4) and 8 C.F.R. 287.5(0)(2). Notification off such arrest must be made to ICE within twenty-four (24)hOUTS;

The power and authority to serve warronts of arrest for immigration violations pursuantto 8 C.F.R. 2S7.S(eX3); The power and authority to administer oaths and to take and consider evidence (INA 287(b) and 8 C.F.R. 287.5(aX2, to complete required criminal alien processing,including fingerprinting. photographing, and interviewing of aliens. as well as thepreparation ofaffidavits and the taking of sworn statements for ICE supervisory review; The power and authority to prepare charging documents (INA Section 239. 8 C.F.R.239.1; INA Section 238. 8 C.F.R 238.1; INA Section 241(a)(5), 8 C.P.R 241.8; INASection 235(b)(1), 8 C.F.R. 235.3) including the preparation ofa Notice to Appear (NTA)application or other charging document. as appropriate, for the signature of an ICEofficer for aliens in categories established by ICE supervisors; The power and authority to issue immigration detamers (8 C.F.R. 2S?7) and 1-213,Record of DeportablelInadmissible 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. detention facilities.

VI. DETENTION ISSUESThe LEA is expected to pursue to completion prosecution of the state or local charges thatcaused the individual to be taken into custody. ICE will assume custody of ndividuals who haYebeen convicted of a State or local offense only after such individuals have concluded service ofany sentence of inCal'ceration. ICE will also assume custody of aliens with prior criminalconvictions and when immigration detention is required by statute. The ICE Detention andRemoval Field Officer Director or his designee will &sse.'!s on a Cft..'1e-by-case basis theappropriate removal vehicle to be employed and/or whether to assume custody of individualsthat do not meet the above criteria based on special 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 notmandated by federal statute.

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If ICE determines that it is necessary, the LEA will enter into an Inter-Govermnental ServiceAgreement (IOSA) with ICE pursuant to which, the LEA will provide. for a reimbursable fee,detention of incarcerated aliens in LEA facilities. upon the completion of their sentences. TheLEA facility wili be expected to meet the ICE detention standards for either a less than 72-houror over 72-hour facility as determined by ICE, and consistent with the anticipated detentionperiod.The parties wulerstand 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 48hours, excluding Saturdays, Sundays. and any holiday. pursuant to anICE detainer issued in accordance with 8 C.F.R. 287.7, absent an IOSA in place as describedabove.Upon completion of processing and release from the LEA's affiliated dentention fucilities of anindividual who participating LEA personnel have determined to be a removable alien, the alienwill be transported by the LEA on the same day to an ICE designated office or facility. afternotification to and coordination with the ICE supervisory officer, 80 that no further detentioncosts will be incurred by ICE.

Vll NOMINATION OF PERSONNELThe CDPS/CSP will nominate candidates for initial training and certification under this MOA.For each candidate. ICE may request any information necessary for a background check and toevaluate a candidate's suitability to participate in the enforcement of immigration authoritiesunder this MOA. All candidates must be United Stales citizens. AU cab.didates must have atleast two years of LEA work experience. All candidates must be approved by ICE and must beable to qualify for appropriate federal security clearances.Should a candidate not be approved, a substitute candidate may be submitted if ime pennits suchsubstitution to occur without delaying the start of training. Ally future expansion in the numberof participating LEA personnel or scheduling of additional training classes may be based on anoral agreement of he parties. but wiJl be subject to all the requirements of this MOA.

vrn. TRAINING OF PERSONNELICE will provide participating LEA personnel with the mandatory S-week training tailored to theimmigration functions to be perfonned. Training will take place at a mutually designated site [nthe State ofColorado. and will utilize ICE-deSigned curriculum and competency testing.Training will include, among other things: (i). discussion of the terms and limitations of thisMOA; (ii) the scope of immigration o f t i ~ a u t h o r i t y ~ (iii) relevant immigration law; (iv) the ICEUse of Force Polic)'; (v) Civil Rights laws; (vi) the U.S. Department of Justice "OuidanceRegarding the Use Of Race By Federal Law Bnforcement 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. proper notification upon the arrest or detention of a foreign national.

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Approximately one lap after the participating LEA personnel are trained and certified, ICE mayprovide additional ~ e d training on relevant administrative, legal, and operational issuesrelated to the p e ~ c e of immigration officer functions, WllC8S either party terminates thisMOA pursuant to S.tion xx. below. Local training on relevant i s ~ will be provided on anongoing basis by ICa supervisors or adesignated team leader.

IX. CERTIFICATION AND AUTHORlZATIONThe ICE Training Division will certify in writing to Jeff Copp, ICE Special Agent in Charge(SAC) and/or Doug Maurer, ICE Field Office Director (FOD) in Denver. Colorado the names ofthose LEA personnel who successfully complete training and pass all required testing. Uponreceipt of Training Division certification, JeffCopp, SAC and/or Doug Maurer, FOD in Denver,Colorado will provide the participating LEA per80Mel with a signed authorization to perfonnspecified funotions of an immigration officer for an initial period of one year from the date of heauthorization. ICE will also provide a copy of the authorization to the CDPS/CSP. The ICEsupervisory officer,:or designated team leader, will evaluate the activities of all personnelcertified under this ~ A . 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 M O ~ ' jor Doyle Bicber, CDPS/CSP and JeffCopp, and/or Doug Maurer. FODin Denver, Colo will be responsible for notification of the appropriate personnel in theirrespective agencies. e termination of this MOA shall constitute revocation of aU immigrationenforcement autho 'ons delegated hereunder.

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X. COSTS AND EXPENDITURESParticipating LEA PIrsonnel will carry out designated functions at the LEA's expense, includingsalaries and benefits,1!tocaJ transportation, and official issue material.ICE will provide the instructors and training materiaJs. The LEA is responsible for the salariesand benefits, including overtime, for all orits personnel being trained or pcrfonuing duties underthis MOA, and for those personnel perfonning !he regular functions of the participating LEApersonnel while thcjarc receiving training. The LEA will wver the costs of all LEA cmdidales'travel, 'housing, on4 per diem affiliated with the training required for participation in thisagreement. ICE is t'esponsible for the salaries and benefits of all of its personnel, includinginstructors and s u ~ j s o r s .

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If ICE detennines tIIpt it is necessary, the LEA will enter into an Inter-Governmental SelViceAgreement (tGSA) Ivith ICE pursuant to which LEA will provide, for a reimbursable fee,transportation fo.r incarcerated aliens in the LEA's facilities, upon the completion of theirsentences, or upon mpletion of processing in those circumstances in whkh state or localprosecution is not a table, to a facility or location designated by ICE. If ICE determines that itis necessary, the L will provide ICE, at no cost, with an office within each participating LEAfacility for ICE su isory employees to work.ICE agrees to be onsible for the purchase, installation, and maintenance of technology(computerlIAFlSIP and similar hardware/software) necessary to support the investigativef u n c t i o n ~ of partie' 'ng LEA personnel at each LEA facility with an active 287(g) program.The use of this eq ment is to be limited to the perfonnance of responsibilities a ~ t h o r i z e d bythis MOA Wider s on 287(g) of the INA by participating LEA personnel. ICE also agrees toprovide the neces technological support and software updates for use by participating LEApersonnel to accom sh the delegated functions. Such hardware, software, and other technologypurchased or provi by ICE, shall remain the property of ICE and shall be returned to ICEupon tcnnination 0 this agreement, or when deemed necessary by the ICE Special Agent inCharge andlor the [. Field Office Director in Denver, Colorado.

XI. ICE SUPERVISIImmigration enfo ent activities conducted by the participating LEA personnel will besupervised and di d by ICE supervisory officers or the designated team leader from theDenver SAC or 0 office. Participating LEA personnel are not authorized to performimmigration officer ctions, except when working under the supervision of an ICE officer, orwhen acting pursu to the guidance provided by an ICE agent. Participating LEA personnelshall give timely notice to the ]CE supervisory officer within 24 hours of any detainer issuedunder the authoritil' et forth in this MOA. The actions of participating LEA personnel will bereviewed by ICE . pervisory officers on an ongoing basis to ensure compliance with therequirements of thfimmigration laws and procedures and to assess the need for individualadditional training guidance.For purposes of this OA, ICE officers will provide supervision of participatingLEA personnelonly as to i m m i g r a t ~ n enforcement functions. The LEA retains supelVision of all other aspectsof he employment l' nd pertbnnance of duties by participating LEA personnel.

"In the absence of a ~ t t e n agreement to the contrary, the policies and procedures to be utilizedby the participating lBA personnel in exercising these authorities shall be DHS and ICE policiesand procedures, incllding the ICE Use of Force Policy. However, when engaged in immigrationenforcement a c t i v i ~ , no participating LEA personnel will be expected or required to violate orotherwise fail to mtAttain the LEA's rules, standards, or policies, or be required to faU to abideby restrictions or Imttations as may otherwise be imposed by law,

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If a conflict arisespolicy and the LEAICB Special Agentdesignees, and theraised. The ICE SColorado and MQjor

The LEA wiU beinfonnation forUpon ICE's requesverification with 1reporting requirem .XIII. LIABILITY AND

If any participatingthat individual ~ e i or civil lawsuit, the .existence and nareported to ICB.participating LEA

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een an order or direction of an ICE supervisory ot'6cer or a DHS or ICErules, standards, or policies, the conflict shaU be promptly reported to theCharge andlor the ICE Field Office Director in Denver, Colorado. orPS/CSP. or designee, when circumstances safoly allow the concern to beial Agent in Charge and/or the ICE Field Office Director in Denver,. her andlor Captain Jon Barba shall attempt to resolve thecont1ict.

nsible for tracking and maintaining accurate data and statist1cal87{g) program, including any specific tracking data requested by ICE.uch data and information shall be provided to ICE for comparison and8 own data and statistical information, as well as for ICB's statisticaland to assess the progress and success of he LEA's 287(8) program.

personnel are the subjects of a complaint of any sort that may result inemployer discipline or becoming the subject of a criminal investigationA shall, to the extent allowed by state law, immediately notify ICE of hef the complaint. The resolution of the complaint shall also be promptlyplaints regarding the exercise of immigration enforcement authority byonnel shall be handled as described below.Except as otherwise ted in this MOA or allowed by federm law, the LEA will be responsibleand bear the costs participating LEA personnel with regard to their propeny or personnelexpenses incurred b on of death, injury, or incidents giving rise to liability.Participating LEA rsonnel will only be treated as federal employees for purposes of theFederal Tort Clai.lmllftCL 28 U.S.C. 2671-2680, and worker's compensation claims,S U.S,C. 8101 et seq., wbe rronning a function as authorized by this MOA.8 U.S.C. 13S7(&)(7). 11is the understand" f the parties to this MOA that participating LEA personnel will enjoy thesame defenses and unities availabJe to ICE officers from personal liability arising from tortlawsuits based on os conducted in compliance with this MOA. 8 U.S.C. 1357(gX8).

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Participating LEA P nnel named as detendants in litigation arising from activities carried outunder this MOA uest representation by the U.S. Department of Justice. Such requestsmust be made in directed to the Attorney General of the United States, and 'will bebandied in coord' n with the ICB Special Agent in Charge and/or ICE F'ield OfticeDirector in Denver. lorado. Requests for representation mus't be ~ e n t e d to the ICE Offkcof the Chief Co I at 4730 Paris Street, Denver, Colorado 80239. Any request forrepresentation and correspondence must be clearly marked "Subject to Attorney-ClientPriviloge." The 0 of the Chief Counsel will forward the individual's request, together witha memorandum o u t l l ~ the factual basis underlying the event(s) at issue in the lawsuit, to theICE Office of cipal Legal Advisor, which will forward the request, the tactualmemorandum, and advisory statement opining whether such representation would be in theinterest of the Un' States, to the Director of the Constitutional and Specialized Torts Staff,Civil Division, De eDt of Justice. ICE will not be tiable for detending or indemnifying actsofjntentional misco neton the part of participating LEA personnel.The LEA agrees to perate with any federal investigation related to this MOA to the full extentof its available po . It is understood that information provided by any LEA personnel underthreat of discipl' action in an administrative investigation cannot be used against thatindividual in sublsecttmt criminal proceedings, consistent with Garrity v. New Jersey, 385 U.S.493 (1967).

XN; COMPLAINTPThe complaint reLEA personnel. wiat Appendix B.

Participating LEAbound by all fedJustice "GuidanceJune 2003.Participating LEAlanguage proficienprovided by the L

'cipating LEA personnel under this MOA are undertaken under federalling LEA personnel will comply with federal standards and guidelinesCourt's decision in Giglio v. United States, 405 U.S. 150 (1972). and itsto the disclosure of potential impeachment information'about possiblea criminal case or investigation.

g and resolution procedure for allegations of misconduct by participatinggard to activities undertaken under the authority of this MOA, is included

nnel who perform cenain federal immigration enforcement functions arecivil rights statutes and regulations, including the U.S. Department ofarding The Use Of Race By Federal Law Enforcement Agencies" dated

onnel will provide an opportunity for subjects with .limited Englishrequest an interpreter. Qualified foreign language interpreters will beneeded.

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XVI. STEERING COThe ICE Special Aithe Chiefof he Cocommittee that wiaotivities conductedof his MOA. The sto be agreed upon bsupplied with scomplaints filed,increased immigratiwill be held no latpersonnel under Sec

. XVll. COMMUN,ITY 0,

in Charge and/or the ICE Field Office Director in Denver, Colorado ando State Patrol or 281(g) designee, Major Eicher. shall establish a steeringeet periodically to review and assess the immigration cnfon:tmentthe participating LEA personnel and to ensure compliance with the terms. committee win meet periodically in the State of Colorado at locationse parties, or via teleconference. Steering committee participants will beinformation on case reviews, individual participants' evaluations,. coverage, and, to. the extent ~ t i c a b l e , statistical information onenforcement activity in the State of Colorado. An initial review meetingnine months after certification of the initial class of participating LEAIX, above.

CHThe LEA may, a its discretion, engage in community outreaoh with individuals andorganizations exp g an interest in this MOA. ICE may participate in such outreach upon theLEA's request.

XVlII. RELAnONS W. The LEA may, at iand groups expressMOA. This MOAregarding actions

The LEA hereby aregarding actionspurpose are identifi

This MOA will rEither party, upontennination notioeshall take effect .

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. cretion, communicate the substance of this agreement to organizationsan interest in the law enforcement activities to be engaged in under thisdescribes the complaint procedures available to members of the publicby participating LEA personnel pursuant to this agreement.to coordinate with ICE regarding information to be released to the mediaWIder this MOA. The points of contact for ICE and the LEA for thisin Appendix C.

OA must be proposed in writing and approved by the signatories.

in effect from the date of signing Wltil it is terminated by either party.en notice to the other party, may terminate the MOA at any time. AI be delivered personally or by certified or registered mail and tenninationdiately upon receipt ofsuch notice.

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Except for thenot be construed to,enforceable 8t law

or oral notice to the other party. may temporarily suspend' activitiesresource constraints or competing priorities necessitate. Notice ofby ICE shall be given to tlte Chief of the Colorado State Patrol orEicher. Notice of tennination or suspension by the LEA shall be given

in Charge and/or the ICE Field Office Director in Denver, Colorado.thilJ MOA does not, is not intended to, shallto create, any rights, substantive or procedural.civil or criminal.

it is fully authorized to enter into this MOA, andobligations, and limitations of this MOA. and agrees to beallowed by law.

Date: lptJ9--' ~ ' , Bill Ritter, Jr #GovernorState ofColorado

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For the LEA:

APPENDIX APOINTS OF CONTACT

ts ofcontact for purposes of mplementation of his MOA are:

Jon Barbao State PatrolSouth Golden Roadt CO 80401. (303) 273-1882303) 917-5993

For ICE ORO: JoSu Fabbricatoreis6ry Detention Officeraris Street

For ICE 01:

47 , CO 80239: (303) 371-5606(303) 472-5949oodField Operations Director473 Paris StreetDen er, CO 80239o : (303) 3714711

Ce (303) 472-2146

aldonado, t Special Agent in ChargeTC Parkway. Suite 600wood, CO 80111: (303) 721301 1(303) 472-1997

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Jef fppSpecidl Agent in ChargeS44iTC Parkway, Suite 600Engl god, CO 80111om (303) 721-30toCell. 03) 901-6231

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APPENDIXBC O M W ~ P R O C E D U R E

between DHSJlCE and the COPS/CSP, hereinafter .referred to as the"Law (LEA), pursuant to which selected LEA personnel are authorized toperfonn n f o l ~ n l e n t duties in specific situations under Federal authority. AJJ such.the training, and performance of participating LEA personnel pursuant to the MOA.as well as the for individuals' civil and constitutional rights, are to be monitored.Part of that will be accomplished through t1tese complaint reporting and resOlutionprooeduresttiCh thlilarties to the MOA have agreed to follow.The MOA eta fort.tlle process for designation, training, and certification of certain LBApersonnel to immigration enfbrcement functions specified herein. Complaintsfiled against those in the course of their non-immigration duties will remain thedomain of the be handled in accordance with the LBA's Manual of Policy andProceduresJor nales. regulations or procedures. The LEA will also handle c o m p t ~ n t s filed againSi I who may exercise immigration authority. but who are not designated andcertified'Ullder this The number and type of the latter.complaints will be monitored by theSteering under Section XVI of he MOA.In order torelating to theirHeadquartersInvestigations Unit

process for the public. complaints against participating LEA personnelLKUJUUU enforcement can be reported in a number of ways. The ICEProfessional Responsibility (OPR) and the LEA's Administrativecoordinate complaint receipt and investigation.

The ICE OPR wUl"rward complaintsto the Department of Homeland Security's Office ofInspector General OIO) as appropriate for review. and ensure notification as necessary tothe U.S. Civil Rights Division (DOJ eRD). The ICE OPR will coordinatecomplaints related personnel with the LEA's Adminisuative Investigations Unitas detailed below. circumstances warrant investigation of a complaint by the DHS OIGor the DOJ CRD, will not preclude the ORS 010, DOJ CRn. or ICE OPR from conductingthe investigation with the LEA's Administrative Investigations Unit, whenappropriate.The ICE OPR adhere to established procedures relating to reporting and resolvingallegations of misconduot, and the LEA's Administrative Investigations Unit willfollow applicable polioies and procedures, personnel rules, state statutes, and collectivebargaining agt'leemLerarequirements.

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Complaint reoortinl I r o c ~ ~ u r ' C S shall be disseminated as appropriate by the LEA within .facilities(in English and other languages as appropriate) in order to ensure thatthe availability of such procedures.under itsindividuals aregce]:rted from any source (e.g.: ICE, LEA, pardcipatlng LEA personnel.

" ' o m ~ to federal authorities as follows:to the ICE OPR at the Joint Intake Center (JIC) inshillgton, D.C. at the toll-free number 1-877-246-8253, or

2. to the Resident Agent in Charge of he ICE OPR office in ICESAC OFFICE COVERING JURISDICTION, or

3. mail as follows:U.S. Department of Homeland SecurityU.S. Immigration and Customs EnforcemelltOffice of Professional Responsibility425 I Street, NWRoom 3260Washington, D.C. 20536

referred to and accepted by any of the fullowing LEA entities:The LEA's Administrative Investigations UnitThe supervisor of any participating LEA personnel; or

Administrative Investigations Unit as follows:James Colley, Intemals Affairs Unit, 700 Kipling Street. Denver.80215. (303) 239- 4591 .

All complaints or oral) reported to the LEA directly, which involve activities conneetedto immigration activities authorized under this MOA, wiD be reported to the ICEOPR. The will verify participating personnel status under the MOA with theassistance of the Agent in Charge of the ICE Office of Investigations in Denver,Colorado. C O l n p l i ~ t s received by any ICE entity will be reported directly to the ICE OPR asper existing ICE and procedures.

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C o m p l a ~ t s Investigationscoordinate app:roll'investigation to

Upon receipt ofin accordancethe ICE OPR willandlor the DOJas follows:

A. RcCII""''''

D. Nntit. l 'JICE OPR

complaint.

OPR, 8S appropriate, will make an initial determination regarding DHSand refer the complaint to the appropriate office for action as soon asof he complaint.

to the ICE OPR will be shared with the LEA's Administrativethe complaint involves LEA personnel. Both offices will theninvestigative jurisdiction, which may include initiation of a jointthe issue(s).

rmpUl1l:lt. the ICE OPR will undertake a complete review ofeacb complaintICE allegation criteria and reporting requirements. AJJ stated above,to existing ICE reporting requirements as they relate to the DHS OIGComplaints will be resolved using the existing procedures, supplemented

Complaints to LEA's Administrative Investigations Unit.will refer complaints, as appropriate, involving LEA personnel to the

lIII't'A'nvp. Investigations Unit for resolution. The branch commander willof the disposition and resolution of any complaints referred by ICE

Pending Complaint Resolutionparticipating LEA personnel are under investigation and subject tothe LEA for any reason that could lead to disciplinary action t demotion,requirements of the CDPS/CSP Policy and Procedures Manual and thePersonnel Rules shall be honored. If appropriate, an individual may bepaJticiipation in the activities covered under the MOA pending resolution

for Resolution ofComplaintsthat any complaint received will be resolved within 90 days. However,upon the nature and complexity of the substance of the complaint itself.of Resolution of a Complaint

coordinate with the LEA's Administrative Investigations Unit to ensureappropriate to the subject(s) ofa complaint regarding the resolution of the

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APPENDIXCPUBLIC INFORMATION POINTS OF CONTACI'xvm of his MOA, the signatories agree to c:oordinate any release ofmedia regarding actions taken under this MOA. The points of contact

such activities are:

Officer Carl RusnokPublic Affairs and Internal CommunicationDJ)attme:ntof Homeland ~ e c u r i t y unt:1U'81tton and Customs EnforcementStemmons FreewayTX 75247(214) 905-5292

850-5940

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HPR-3-2007 ~ 1 ' 3 : 37A FROt'1: I E

In all instances, the ICE OPR, as appropriate, will make an initialinvestigative jurisdiction and refer the complaint to the appropriatepossible, given tne nature of he complaint.C o m p l a ! n t ~ reported directly to the ICE OPR will be shared withInvestigations Unit when the complaint involves LEA personnel.coordinate appropriate investigative jurisdiction, which mayinvestigation to resolve the issue(s).3. Complaint Resolution ProceduresUpon receipt of any complaint, the ICE OPR will undertake a "v . ...........in accordance with existing ICE allegation criteria and reportingthe ICE OPR will adhere to existing ICE reporting requirements asandlor the DOJ CRD. Complaints will be resolved using the existingas follows:

A. Referral of Complaints to LEA's Administrative (nVIe."ItI!l1atliThe ICE OPR will refer complaints, as appropriate, In\ l 'nl" ' t lLEA's Administrative Investigations Unit for resolution.inform ICE OPR of the disposition and resolution of anyOPR.B. Interim Action Pending Complaint Resolution

F'.2'2

's Administrativeoffices will theninitiation of a joint

of each complaintAs stated above,to the DHS OlGiNU.wc:>, supplemented

personnel to thecommander willreferred by ICE

Whenever any participating LEA personnel are under and subject tointerrogation by the LEA for any reason that could lead to action. demotion,or dismissal, the requirements of the CDPS/CSP Policy and n'lP'Clurc,s Manual and theState of Colorado Personnel Rules shall be honored. If an individual may beremoved from participation in the activities covered under the pending resolutionof an inquiry.C. Time Parameters for Resolution ofComplaintsIt is expected that any complaint received will be resolvedthis will depend upon the nature and complexity ofthe SUl'llStalllCD. Notification of Resolution ofa ComplaintICE OPR will coordinate with the LEA's Administrativenotification as appropriate to the subject(J;) of a complaint

complaint.

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90 days. However,the complaint itself.

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Colorado Department of Public Safety (DPS) - former 287(g) agreement with ICE

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Transcript of Colorado Department of Public Safety (DPS) - former 287(g) agreement with ICE