Jacksonville Sheriff’s Office (Florida) - former 287(g) agreement with ICE

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MEMORANDUM OF AGREEMENT This Memorandum o f Agreement (MOA) constitutes an agreement between the United States Immigration and Customs Enforcement (ICE), a component of the Department of Homeland Security (DRS), and the Jacksonville Sheriffs Office, hereinafter referred to as the "Law Enforcement Agency" (LEA), pursuant to which ICE authorizes up to a maximum o f 12 nominated, trained, and certified LEA personnel to perfoml certain immigration enforcement functions as specified herein. It is the intent o f the parties that these delegated authorities will enable the LEA to identify and process immigration violators in Duval County, Florida. ICE and LEA points of contact for purposes o f this MO A are identified in Appendix A I. PURPOSE Th e purpose o f his MOA is to set forth the tenu s and conditions pursuant to which selected LEA personnel (participating LEA personnel) will be nominated, trained, and thereafter perform certain functions of an immigration officer within Duval County, Florida. Nothing contained herein shaH otherwise limit the jurisdiction and powers normally possessed by participating LEA personnel as members of the LE A However, the exercise of the immigration enforcement authority granted under this MOA to participating LEA personnel shall occur only as provided in this MOA. This MOA also describes the complaint procedures available to members o f the public regarding immigration enforcement actions taken by participating LEA personneJ pursuant to this agreement. II. AUTHORITY Section 287(g) o f the Immigration and Nationality Act (INA), also codified at 8 U.s.C. § 1357(g), as amended by the Homeland Security Act of2002, Public Law 107-296 , authorizes the Secretary o f the Department of Homeland Security, acting through the Assistant Secretary of ICE, to enter into \Vritten agreements with a State or any political subdivision o f a State so that qualified personnel can perform certain functions o f an immigration officer. This MO A constitutes such a written agreement m. POLICY This MOA sets forth the scope o f the immigration officer functions that DHS is authorizing the participating LEA personnel to perform. It sets forth with specificity the duration o f the authority conveyed and the specific lines of authority, including the requirement that participating LEA personnel are subject to ICE supervision while perfonning immigration related duties p ursuant to this MOA. For the purposes o f this MOA, ICE officers will provide supervision f or participating LEA personnel only as to immigration enforceme nt fun ctions. The Jacksonville Sheriffs Office retains supervision o f all other aspects o f the employment o f and perfonnance o f duties by participating Jacksonville personnel. 1

Transcript of Jacksonville Sheriff’s Office (Florida) - former 287(g) agreement with ICE

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IV. ASSIGNMENTS

Before participating LEA personnel receive authorization to perfoml 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 rCE officers. Only participating LEA personnel who are selected, trained, authorized,and supervised, as set out herein, havc authority pursuant to this MOA to conduct theimmigration officer functions enumerated in this MOA.

Participating LEA personnel perfonning immigration-related duties pursuant to this MOA willbe LEA officers assigned to Jacksonville Sheriff's Office, Department of COlTections, JailsDivision.

V. DESIGNATION OF AUTHORIZED FUNCTIONS

For the purposes of this MOA, participating LEA personnel wiiI be authorized to perfonn thefollowing functions pursuant to the stated authorities, subject to the limitations contained in this

MOA:

• 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)(J) and 8 C.F.R. § 287.S(a)(l)) and toprocess for immigration violations those individuals who arc convicted of State orFederal felony offenses;

• The power and authority to serve walTants of arrest for immigration violations pursuantto 8 C.F.R. § 287.S(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 thepreparation of affidavits and the taking of sworn statements for ICE supervisory review;

• The power and authority to prepare charging documents (INA § 239,8 C.F.R. § 239.1;INA § 238, 8 C.F.R § 238.1; INA § 241(a)(S), 8 C.F.R § 241.8; INA § 235(b)(1), 8C.F.R. § 235.3) including the preparation of a Notice to Appear (NTA) application orother charging document, as appropriate, for the signature of an ICE officer for aliens incategories established by ICE supervisors;

• The power and authority to issue immigration detainers (8 C.F.R. § 287.7) and I-2l3,Record of Deportabiellnadmissible 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.

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VI. DETENTION AND TRANSPORTATION 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 such individuals have concluded service ofany sentence of incarceration. ICE will also assume custody o f aliens with prior criminal

convictions and when immigration detention is required by statute. The ICE Detention andRemoval Field Office Director or his designee will assess on a case-by--case basis the appropriateremoval vehicle to bc employed andlor whether to assume custody of individuals that do notmeet the above criteria based on special interests or other extenuating circumstances afterprocessing by the LEA. The immigration laws provide ICE Detention and Removal Operations(ORO) with the discretion to manage limited ICE detention resources, and ICE Field OfficeDirectors may exercise this discretion, in appropriate cases, by declining to detain aliens whosedetention is not mandated by Federal statute.

t f ICE detennines that it is necessary, the LEA will enter into an Inter-Governmental ServiceAgreement (IGSA) 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. The

LEA facility will be expected to meet the ICE detention standards for either a less than 7 2 ~ h o u r

or over 72-hour facility as dctennined by ICE, and consistent with the anticipated detentionperiod.

In addition, ifICE determines that it is necessary, the LEA will enter into an IGSA with ICE fortransportation of all incarcerated aliens. Pursuant to this transportation IGSA, for a reimbursablefee, the LEA will transport all incarcerated aliens in its facilities, upon completion of theirsentences, to a facility or location designated by ICE.

If ICE detennines that it is necessary, the LEA will provide ICE, at no cost, with an office withineach participating LEA facUity 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, pursuant to an

ICE 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 detennined 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, so that no further detentioncosts will be incurred by ICE.

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VIr. NOMINATION OF PERSONNEL

The LEA will nominate candidates tor initial training and certitication under this MOA. Foreach candidate, ICE may request any infonnation necessary for a background check to includebut not be limited to submission o f fingerprints and a personal history questionnaire to evaluate acandidate's suitability to participate in the enforcement of immigration authorities under thisMOA. An candidates must be United States citizens. All candidates must have at least two (2)years of LEA work experience. All candidates must be approved by ICE and must be foundeligible for access to sensitive information.

The LEA and ICE enter into this MOA in good faith and agree to abide by the terms andconditions contained herein. The LEA agrees to use due diligence to screen individualsnominated for training and agree that individuals who successfully complete the training underthis MOA will perfonll immigration officer functions authorized under 287(g) for a minimum of

two (2) years. Any failure by the LEA to fulfill this commitment could jeopardize the tenns of

this MOA and ICE reserves the right to terminate this MOA, suspend participation in the 287(g)training program, or take other appropriate action as necessary.

Candidates working with jail populations shall have specific experience that should consist of

having supervised inmates. Candidates must show that they have been trained on, and concernedwith, maintaining the security of the facility. Candidates must have enforced rules andregulations governing the facility on inmate accountability and conduct. Candidates must alsoshow an ability to meet and deal with people of differing backgrounds and behavioral patterns.

An 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 i f time permits such substitution to occur without delaying the start of training. Anyfuture expansion in the number of participating LEA personnel or scheduling o f additionaltraining classes may be based on an oral agreement of the parties, but will be subject to all therequirements of this MOA.

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VIII. TRAINING OF PERSONNEL

ICE will provide participating LEA personnel with the mandatory four (4) week training tailoredto the immigration functions to be performed.

Training will include, among other things: (i) discussion of the tenus and limitations o f thisMOA; (ii) the scope o f immigration officer authority; (iii) relevant immigration law; (iv) the ICEUsc of Force P o l i c y ~(v) Civil Rights laws; (vi) the U.S. Department of Justicc "GuidanceRegarding the Use Of Race By Federal Law Enforcement Agencies," dated June 2003; (vii)public outreach and complaint procedures; (viii) liability issues; (ix) c r o s s ~ c u l t u r a lissues; and (x)the obligation under Federal law and the Vienna Convention on Consular Relations to makeproper notification upon the arrest or detention o f a foreign national.

Approximately one year after the participating LEA personnel are trained and certified, ICE mayprovide additional updated training on relevant adminislrative, legal, and operational issuesrelated to the perfonuance of immigration oHicer functions, unless either party tem1inates thisMOA pursuant to Section XX, below. Local training on relevant issues will be provided on anongoing basis by ICE supervisors or a designated teamlcader .

IX. CERTIFICATION AND AUTHORlZA TION

The ICE Training Division will certifY in writing to the ICE Special Agent in Charge, Tampaand/or the ICE Field Office Director in Miami the names o f those LEA personnel whosuccessfully complete training and pass all required testing. Upon receipt o f Training Divisioncertification, the ICE Special Agent in Charge in Tampa and/or the ICE Field Office Director inMiami will provide the participating LEA personnel with a signed authorization to perfonuspecified functions of an immigration officer for an initial period of one year from the date of theauthorization. ICE will also provide a copy o f the authorization to the LEA. The ICEsupervisory officer, or designated team leader, will evaluate the activities of all personnelcertified under this MOA.

Authorization o f participating LEA personnel to act pursuant to this MO A may be revoked atany time by ICE or the LEA. Such revocation will require immediate notification to the otherparty to this MOA. The Director, Department of Corrections, Jacksonville Sheriffs Office andthe ICE Special Agent in Charge in Tampa and/or the ICE Field Office Director in Miami will be

responsible for notification of the appropriate personnel in their respective agencies. Thetermination o f this MO A shall constitute revocation o f all immigration enforcementauthorizations delegated hereunder.

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XL ICE SUPERVISION

Immigration enforcement activities conducted by the participating LEA personnel will besupervised and directed by ICE supervisory officers or the designated team leader inJacksonville. Participating LEA personnel are not authorized to perfonn immigration officerfunctions, except when working under the supervision of an ICE officer, or when acting pursuantto the guidance provided by an ICE agent. Participating LEA personnel shall give timely noticeto the rCE supervisory officer within 24 hours of any detainer issued under the authorities setforth in this MOA. The actions o f 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 or

guidance.

For purposes of this MOA, ICE officers will provide supervision of participating LEA personnelonly as to immigration enforcement functions and for investigations conducted in conjunction tothis authority. TIle LEA retains supervision of all other aspects o f the employment of andperfonnance of duties by participating LEA personnel.

In the absence of a written agreement to the contrary, the policies and procedures to be utilizedby the participating LEA personnel in exercising these authorities shall be DHS and ICE policiesand procedures, including the ICE Use of Force Policy. However, when engaged in immigrationenforcement activities, no participating LEA personnel will be expected or required to violate orothenvise fail to maintain the L EA's rules, standards, or policies, or be required to fail to abideby restrictions or limitations as may otherwise be imposed by law.

I f a conflict arises between an order or direction of an ICE supervisory officer or a DBS or ICEpolicy and the LEA's rules, standards, or policies, thc conflict shaH be promptly reported to theICE Special Agent in Charge Tampa andlor the ICE Field Office Director in Miami, Florida, ordesignees, and the Jacksonville S h e r i f t ~ sOffice, or designee, when circumstances safely allowthe concern to be raised. The ICE Special Agent in Charge Tampa andlor the ICE Field OfficeDirector in Miami, Florida and the Director, Department o f Corrections Jacksonville SheriffsOffice shaH attempt to resolve the conflict.

XII. REPORTING REQUIREMENTS

The LEA will be responsible for tracking and maintaining accurate data and statisticalinfonnation for their 287(g) program, including any specific tracking data requested by ICE.Upon ICE's request, such data and information shalt 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 o f the LEA's 287(g) program.

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XlII. LIABILITY AND RESPONSIBILITY

If any participating LEA personnel are the subject o f a complaint o f any sort that may result inthat individual receiving employer discipline or becoming the subject o f a criminal investigationor civil lawsuit, the LEA shaH, to the extent allowed by State law, immediately notify ICE ofthe

existence and nature of the complaint. Thc resolution o f the complaint shall also be promptlyreported to ICE. Complaints regarding the exercise o f immigration enforcement authority byparticipating LEA personnel shan bc 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 personalexpenses incurred by reason of death, injury, or incidents giving rise to liability.

Participating LEA personnel will only be treated as Federal employees for purposes of theFederal Tort Claims Act, 28 U.S.C. §§ 2 6 7 1 ~ 2 6 8 0 ,and worker' s compensation claims, 5 U.S.C.§ 8101 et seq., when pcrfonning a function as authorized by this MOA. 8 U.S.C. § 1357(g)(7). Itis the understanding of the parties to this MOA that participating LEA personnel will enjoy thesame defenses and immunities available to ICE officers from personal liability arising from tortlawsuits based on actions conducted in compliance with this MOA. 8 U.S.c. § 1357(g)(8).

Participating LEA personnel named as defcndants in litigation arising from activities carried outunder this MOA may requcst representation by the U.S. Department o f Justice. Such requestsmust be made in writing directed to the Attorney General o f the United States, and will behandled in coordination with the ICE Special Agent in Charge Tanwa andlor the ICE FieldOffice Director in Miami, Florida. Requests for represcntation must be presented to the ICEOffice of the Chief Counsel in Orlando. Any request for representation and relatedcorrespondence must be clearly marked "Subject to A t t o m e y ~ C l i e n tPrivilege." 1ne Office of

the 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 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 o f the United States, tothe Director o f the Constitutional and Speciali7.ed Torts Staff, Civil Division, Department o f

Justice. ICE will not be liable for defending or indemnifying acts o f intentional misconduct on

the part of participating LEA personnel.

Th e LEA agrees to cooperate with any Federal investigation related to this MOA to the fullextent of its available powers. I t is understood that infonnation provided by any LE A personnelunder threat of disciplinary action in an administrative investigation cannot be used against thatindividual in subsequent criminal proceedings, consistent with Garrity v. Ne w Jersey, 385 U.s.493 (1967).

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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 PROCEDURES

The 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. CIVIL RIGHTS STANDARDS

Participating LEA personnel who perform certain Federal immigration enforcement functions arebound by atl Federal civil rights statutes and regulations, including the U.S. Department ofJustice "Guidance Regarding The Use Of Race By Federal La,,'>' Enforcement Agencies" datedJune 2003.

Participating LEA personnel will provide an opportunity for subjects with limited Englishlanguage proficiency to request an interpreter. Qualif ied foreign language interpreters will beprovided by the LEA as needed.

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XVI. STEERING COMMlTI 'EE

The ICE Special Agent in Charge Tampa andlor, the ICE Field Office Direct.or in Miami,Florida, and the Director, Department .of Corrections shall establish a steering committee thatwill meet periodically to review and assess th e immigrati.on enf.orcement activities conducted bythe participating LEA personnel and to ensure compliance \\lith the tenns .of this MO A Thesteering c.ommittce wilt meet pcriodically in Duval C.ounty, Fl.orida at l.ocati.ons to be agreedup.on by the parties, or via teleconference. Steering c.ommittee participants will be supplied \ \ ~ t h

specific infonnati.on on case reviews, individual participants' evaluati.ons. complaints filed,media c.overage, and, to the extent practicable, statistical infonnation on increased immigrationenforcement activity in Duval County, Florida. An initial revicvv' meeting will be held n.o latcrthan nine months attcr certification of the initial class of participating LEA personnel underSection IX, above.

XVII. COMMUNITY OUTREACH

The LEA may, at its discretion, engage in community outrcach 'with individuals andorganizations expressing an interest in this MOA. ICE may participatc in such outreach upon theLEA's request.

XVIII. RELATIONS WITH THE NEWS MEDIA

The LEA may, at its discretion, communicate thc substance of this agreemcnt to organizationsand groups expressing an interest in the law enforcemcnt activities to be engaged in under thisMOA. This MOA also describes the complaint procedures available to members o f the publicregarding actions taken by participating LEA personnel pursuant to this agreement

The LEA hereby agrees to coordinate with ICE regarding information to be released to the mediaregarding actions taken under this MOA. The points of c.ontact for ICE and the LEA for thispurpose are identified in Appendix C.

X IX MODIFICATION OF THIS MOA

Modifications to this MOA must be proposed in writing and approved by the signatories.

XX. DURATION AND TERMINATION OF THIS MOA

This MOA will remain in effect from the date o f signing until it is tenninatcd by either party.Either party, upon written notice to the other party, may terminate the MOA at any time. Atermination notice shall be delivered personally or by certified or registered mail and terminati.onshall take effect immediately upon receipt of such notice.

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Either party. upon written or oral notice to the other party. may temporarily suspend activitiesunder this MO A when resource constraints or competing priorities necessitate. Notice oftermination or suspension by ICE shall be given to the Director, Department of Corrections.Notice of termination or suspension by the LEA shall be given to the ICE Special Agent inCharge in Tampa and the ICE Field Office Director in Miami, Florida.

This MO A does not,. is not intended to, shall not be construed tot and may not be relied upon tocreate, any rights. substantive or procedural, enforceable at law by any person in any matter, 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 fullest extent allowed by law.

'1M~ ' l ) =Secretary

lmmigration and Customs EnforcementDepartment of Homeland Security

Date: 2 ~~ ~ ¥ _ I . : . . , . ,' _( \ ; ; . . ~ i z - J J1 ~

J O h ! . ~ u t h e r f h r d~ . : : : 2S h ' , V

Jac Jville Sheriff's Office

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APPEN])IXA

POINTS OF CONTACT

The ICE and LEA points of contact tor purposes of implementation of this MOA are:

For the LEA:

For ICE DRO:

For ICE 01:

Gordon A. Bass, Jf.

DirectorJacksonville, Sheriff501 East Bay StreetJ . FL

David A . WingAssistant Field Office DirectorImmigration and Customs Enforcement5524 West Cypress StreetT a m p a F ~8 1 3 - 6 3 7 ' - -

Brian DorionProgram ManagerImmigration and Customs Enforcement2203 North Lois Avenue, Suite 300Tampa , FL 33607813-26711IIIIIIII

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APPENDIXB

COMFLAllITPROCEDURE

This MOA is an agreement between DHSIICE and the Jacksonville Sheriffs Office, hereinafterreferred to as the "Law Enforcement Agency" (LEA), pursuant to which selected LEA personnelare authorized to perform immigration enforcement duties in specific situations under Federalauthority. As such, the training, supervision, and perfonnance of participating LEA personnelpursuant to the MOA, as wen as the protections for individuals' civil and constitutional rights,are to be monitored. Part of that monitoring \\'ill be accomplished through these complaintreporting and resolution procedures, which the parties to the MOA have agreed to follow.

The MOA sets forth the process for designation, training, and certification of certain LEApersonnel to perfonn certain immigration enforcement functions specified herein. Complaintsfiled against those personnel in the course of their non-immigration duties will remain thedomain of the LEA and be handled in aecordance with the LEA's Manual of Policy andProcedures, or equivalent rules, regulations or procedures. The LE A will also handle complaintsfiled against personnel who ma y exercise immigration authority, but who are not designated andcertified under this MOA. The number and type of he latter complaints will be monitored by theSteering Committee established under Section XVI of he 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 ICEHeadquarters 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 OIG) as appropriate for review, and ensure notification as necessary tothe U.8. Department of Justice Civil Rights Division (DOJ eRD). 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 01 Gor the DOJ CRD, this will not preclude the DHS OIG, DO J CRD, or ICE OP R from conductingthe investigation in coordination with the LEA's 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.

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1. Complaint Reporting Procedures

Complaint reporting procedures shall be disseminated as appropriate by the LEA within facilitiesunder it'> jurisdiction (in English and other languages as appropriate) in order to ensure thatindividuals are aware of the availability of such procedures.

Complaints will be accepted from any source (e.g.: ICE, LEA, participating LEA personnel,inmates, and the public).

Complaints can be reported to fedcral authorities as follows:

A. Telephonically to the ICE OPR at the loint Intake Centcr (ne) m

Washington, D.C., at the toll-free number 1-877-246-8253, or

B. Telephonically to the Resident Agent in Charge of the ICE OPR office inTampa, Florida, or

C. Via mail as follows:

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

Complaint.s can also be referred to and accepted by any of the following LEA entities:

A. The LEA's Administrative Investigations UnitR. L. Townsend

Chief, Professional Standards, Jacksonville Sheriffs Office501 E. Bay StreetJacksonville, Florida 32202

B. The supeIVisor of any participating LEA personnel

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2. Review of Complaints

All complaints (written or oral) reported to the LEA directly, which involve activities connectedto immigration enforcement activities authorized under this MOA, will be reported to the ICEaPR. The ICE OPR will verify participating personnel status under the MOA with thea<;sistance of the Special Agent in Charge of the ICE Office ofInvestigations in Tampa, florida.Complaints received by any ICE entity will be reported directly to the ICE aPR a<; per existingICE policies and procedures.

In all instances, the ICE aPR, as appropriate, will make an initial detennination regarding DlISinvestigative jurisdiction and refer the complaint to the appropriate office for action as soon aspossible, given the nature of he complaint

Complaints 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 include initiation of a jointinvestigation to resolve the issue(s).

3. Complaint Resolution Procedures

Upon 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 as they relate to the DHS OIGandlor the DOl CRD. Complaints will be resolved using the existing procedures, supplementedas follows:

A. Referral of Complaints to LEA's Administrative Investigations Unit.

The ICE aPR will refer complaints, as appropriate, involving LEA personnei to

the LEA's Administrative Investigations Unit for resolution. The Chief of

Professional Standards will infonn ICE OPR of the disposition and resolution ofany complaints referred by ICE apR.

B. Interim Action Pending Complaint Resolution

Whenever any participating LEA personnel are under investigation and subject tointerrogation by the LEA for any reason that could lead to disciplinary action,demotion, or dismissal, the requirements of the Jacksonville Sheriffs Office shaHbe honored. If appropriate, an individual may be removed from participation inthe activities covered under the MOA pending resolution of an inquiry.

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C. Time Parameters f.or ResolutiDn .ofCDmplaints

It is expected that any cDmplaintreCeived will be resDlved within 90 days.However, this will depend upDn the nature and cDmplexity.of the substance .of thecDmplaint itself.

D. N.otificati.on .o f Res.oluti.on .ofa C.omplaint

ICE OPR will coordinate with the LEA's Administrative Investigati.ons Unit t.o

ensure notificatiDn as appr.opriate tD the subject(s) .ofa complaint regarding theres.oluti.on .ofthe c.omplaint.

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APPENDIXC

PUBLIC INfI'ORMATION 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:

Public Infornlation Officer Lauri-Ellen SmithSpecial Assistant to the Sheriff501 East Bay StreetJacksonville. FL 32202904-630-2120

For ICE:

Public Affairs Officer Barbara GonzalezOffice of Public Affairs and Internal CommunicationU.s. Department of Homeland SecurityU.S. Immigration andCustoms Enforcement2203 N Lois Avenue. Suite 600Tampa FL 33607305·597-6151

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