Tulsa County Sheriff's Office (Oklahoma) - former 287(g) agreement with ICE

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

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---APPROVED

JUl 0 9 2007

MEMORANDUM OF AGREEMENT2001 JUL -5 P H ~ :31

This Memonmdum of Agreement (MOA) constitutes a ll a g r e e m e n t = ~ rImmigration and Customs Enforcement (ICE), a component of the . . . . . . r n ~

. -- -- - - - . - - - - - - S e c m i t y i J ) M 8 ) ~ and the TUlsa County-sberifrSOflice, 1 i e I ' e i . D a . f t e- ----Enforcement Agency" (LEA), pursuant to which ICE authorizes up to a maximum of forty (40)

nominated, trained, and certified LEA personnel to perform certain immigration enforcementfunctions as specified herein. I t is the intent of the parties that these delegated authorities willenable the LEA to identify and process immigration violators in the State of Oklahoma. ICE andLEA points of contact for purposes of his MOA are identified in Appendix A.

I. PURPOSE

The purpose of his MOA is to set forth the terms 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 Oklahoma. 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 personnelpursuant to this agreement

II . AUTHORITY

Section 287(g) of 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 107-276, authorizes theSecretary of the Department of Homeland Security, acting through the Assistant Secretary ofICE, to enter into written agreements with a State or any political subdivision of a State so thatqualified personnel can perform certain functions of an immigration officer. This MOAconstitutes such a written agreement

i l l . POllCY

This MOA sets forth the scope of the immigration officer functions that DHS is authorizing theparticipating LEA personnel to perform. It sets forth with specifieity the duration of theauthority conveyed and the specific Jines of authority, including the requirement thatparticipating LEA personnel are subject to ICE supervision while performing immigrationrelated duties pursuant to this MOA. For the purposes oftbis MOA, ICE officers will provide

supervision for participating LEA personnel only as 10 immigration enforcement functions. TheLEA retains supervision of all other aspects of he employment of and performance of duties byparticipating LEA personnel. .

IV. ASSIGNMENTS

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Before participating LEA personnel receive authorization to perform immigration officerfunctions granted under this M O ~they must successfully complete mandatory 5-week trainingfor LEA and 4-week training for Detention Officers, as described in Section VUI, in the

H----enforeement-of-federal-inunigration laws-and poticies as provided by ICE ihsttUCtOrs andthereafter pass examinations equivalent to those given to ICE officers. Only participating LEApersonnel who are selected, trained, authorized, and supervised, as set out herein, have authoritypursuant to this MOA to conduct the immigrationofficer functions enumerated in this MOA.

Participating LEA personnel performing immigration-related duties pursuant to this MOA willbe LEA and Detention officers assigned to the State of Oklahoma.

v. DESIGNATION OF AUTIIORIZED FUNCTIONS

For the purposes of this MOA, participating LEA personnel will be a.uthori7OO to perform 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)(l) and 8 C.F.R. 287.5(a)(l 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, i f he officer has reason to believe thealiento be arrested is in the United States in violation o f law and is likely to escapebefore a warrant can be obtained. INA 287(a)(2) and 8 C.F.R. 287.5(0)(1).

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 thea d m . i s s i o ~exclusion,expulsion, or removal of aliens, i f here is reason to believe that theperson so arrested bas committed such felony an d i f here i t likelihood of the personescaping before a warrant can be obtained. INA 287(a)(4) and 8 C.F.R. 287.S(0)(2).Notification of ~ aaest must be made to ICE within twenty-four (24) homs;

The power and authority to serve warrants of arrest for immigration violations pursuantto 8 C.F.R. 287.5(eX3);

The power an d authority to administer oaths and to take an d consider evidence (INA 287(b) and 8 C.F.R. 2B7.S(a)(2, to complete required criminal alien processing,including fingerprinting, p h o ~and interviewing of aliens, as well as- -thepreparation of affidavits and the taking of sworn stabmlents for ICE supervisoty review;

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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.F.R 241.8; INASection 235(b)(1), 8 C.F.R. 235.3) including the preparation of a Notice to Appear (NTA)application or other charging document, as appropriate, for the signature of an ICE

----------------o:fficer-foraliensin--categori:es-e .oy ICE supervisors;'

The power and authority to issue immigration deta.iners (8 C.F.R. 287.1) and 1-213,Record of Deportablellnadmissible 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 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 of aliens with prior criminalconvictions and when immigration detention is required by statute. Th e ICE Detention andRemoval Field Officer Director or her designee will assess on a case-by-case basis theappropriate removal vehicle to be employed and/or whetherto assume custody of individualsthat do not meet the above criteria based on special interests Qr 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 ma y exercise this discretion, in appropriate cases, by declining to detain alienswhose detention is not mandated by federal statute.

I f ICE determines that it is necessary, the LEA will enter into an Inter-Governmental ServiceAgreement (lOSA) with ICE pursuant to w b i ~the LEA will provide, for a reimbursable fee,detention of ncarcerated aliens in LEA fiIcilities. upon the comPletion of their sentences. TheLEA facility will 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 anticipa1ed detentionperiod.

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, excludiug Saturdays, Sundays, and any holiday, pursuant 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 ftom the LEA's detention facilities of an individualwho participating LEA personnel have determined to be a removable alien, the alien will betransported by the LEA on the same day to an ICE designatedoffice or facility, after notificationto and coordination with the ICE supervisory officer, so that no further detention costs will beincurredby ICE.


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VD. NOMINATION OF PERSONNEL

The LEA will nominate candidates for initial training and certification under this MOA. For.. . ----eaeh-eandidate,-lB-may--request-any-information--necessary-ibr a background check and to . -----.-

evaluate a candidate's suitability to participate in the enforcement of immigration authoritiesunder this MOA All candidates must be United States citizens. All candidates must have atleast two years of LEA work experience. Al l candidates must be approved by ICE and must be

. able to qualify for appropriate federal security clearances.

Should a candidate not be approved, a substitute candidate may be submitted i f ime permits suchsubstitution to occur without delaying the. start of training. Any future expansion in the numberof participating LEA personnel or scheduling of additional training classes may be based on anoral agreement of he parties, but willbe subject to all the requirements of his MOA

VITI. TRAINING OF PERSONNEL

ICE will provide participating LEA personnel with the mandatory 4 and 5 week training tailoredto the immigration functions to be performed.

Training will include, among other things: (i) discussion of the terms and limitations of thisMOA; (ii) the scope of immigration officer authority; (iii) relevant immigration law; (iv) the ICEUse of Force Policy; (v) Civil Rights laws; (vi) the U.S. Department of Justice "GuidanceRegarding the Use Of Race By Federal Law ~ n f o r c e m e n tAgencies," dated June 2003; (vii)public outreach and complaint procedures; (viii) liability issues; (ix) crosS-cultural issues; and (x)the obligation under federal law and the Vienna Convention on Consular Relations to makeproper notification upon the arrest or detention of a foreign national.

Approximately one year after the participating LEA personnel are trained and certified, ICE mayprovide additional updated training on. relevant administrative, legal, and operational issuesrelated to the performance of immigration officer functions, tmless either pat ty terminates thisMOA pursuant to Section xx, below. Localttaining on relevant issues wUl be provided on anongoing basis by ICE supervisors or a designated team leader.

IX. CERTIFICATION AND AUTIIORIZATION

Th e ICE Training Division will certify in writing to the ICE Special Agent in Charge and/or theICE Field Office DiIector in Dallas, Texas the names of those LEA personnel who successfullycomplete training and pass all required testiag. Upon receipt of T ~ Division certifioation,the ICE Special Agent in Charge and/or the ICE Field Office.Director in Dallas, Texas willprovide the participating LEA peisonnel with a signed authorization to perform specifiedfunctions of an immigration officer for an initial period of oac year from the date of theauthorization. ICE will also provide a copy of the authorization to the LEA. The ICEsupervisory officer, or designated team leader, will evaluate the activities of all personnelcertified under this MOA.


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Immigration enforcement activities conducted by the participating LEA personnel will besupervised and directed by ICE supervisory officers or the designated team leader in Dallas,Texas. Participating LEA personnel are not authorized to perform immigration officer functions,except when working under the supervision of an ICE officer. or when acting pursuant to the

guidance p:mvided1'Ylltr1eE agent.-rarticipating L-Elt personnelsba11-give tfmay notice to theICE supervisory officer within 24 hours of any detainer issued under the authorities set forth inthis MOA The actions of participating LEA personnel will be reviewec.tby ICE supervisoryofficers on an ongoing basis to ensure compliance with the requirements of he immigration laws

.and procedures and to assess the need for individual additional training or guidance.

For purposes of this MOA, ICE officers will supervise partieipating LBA personnel only as toimmigration enforcement functions. The LEA retains supervision of all other aspects of theemployment of and performance 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 sball be DHS and ICE policiesand p r o c e d ~including the ICE Use of Force Policy. However, when engaged in immigrationenforcement activities, no participating LE A porsonnel will be expected or required to violate orotherwise fail to maintain the LEA's rules, standards, or policies. or be required to fail to abideby restrictions or limitations as may otherwise be imposed by Jaw.

I f a contlict arises between an order or direction of an ICE supervisory officer or a DRS or ICEpolicy and the LEA's rules, standards, or policies, the conflict shall be promptly reported to theICE Special Agent in Charge and/or the ICE Field Office Director in Dallas, Texas, or designees,and the LEA, or designee, when circumstances safely allow the concern to be raised. The ICESpecial Agent in Charge and/or the ICE Field Office Director in Dallas, Texas and the LEA POCshall attempt to JeSOlve the conflict.

XII. REPORTING REQUlREMHNTS

The LEA will be respot1S1Dle for tracking and maintaining accurate data and statisticalinformation for their 287(g) program, including anyspeeific tracking data requested by ICB.Upon ICB's reques4 such data and information shall be provided to ICB for comparison andverification with ICE's own data and statiStieal information, as well as for ICE's statisticalreporting requirements and to help ICE assess the progress and success of the LEA's 287(g)program.

xm. LIABn..ITY AND RESPONSmn..ITY

I f any participating LEA peJ'SOIUldare the subjects of a complaint of any sort that may result inthat individual receiving employer discipline or bec(mUng the subject of ~ crimiDal investigationor civil lawsuit, the LEA sba1l, to the extent allowed by state law, immediately notify ICE of heexistence and nature of the complaint. The resol"on of he complaint shall also be promptlyreported to ICE. Complaints regarding the exercise of immigration enforcement authority byparticipating LEA pe1'SOIUlCl shall be handled as described below.


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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 reason of death, ~ u r y , or incidents giving rise to liability.

- - - ~ - - - - - - P a n i e t p m n g - - t E A - p e r s o n n e h v J t h m l r b e treated as--rederat-employees for purposes or--tl1e------'Federal Tort Claims Act, 28 U.S.C. 2671-2680, and worker's compensation claims. 5 U.S.C.

, 8101 et seq., when performing a function as authorized by this MOA. 8 U.S.C. 1357(g)(7). Itis the understanding of the parties to this MOA that participating LBA peISODDel will eJUoy thesame defenses and immunities available to ICE officers from personal fiability arising from tortlawsuits based on actions conducted in compliance with this MOA. 8 U.S.C. 1357(gX8).

Participating LEA personnel 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 Attomey General of the United States, and will bebandled in coordination with the ICE Special Agent in Charge and/or the ICE Field OfficeDirector in Dallas, Texas. Requests for representation must be presented to the ICE Office of heChief Counsel at 8101 N. StemmODS Freeway, Dallas, Texas, 75247. Any request forrepresentation and related correspondence must be clearly marlced "Subject to Attomey-ClientPrivilege." The Office of he CbiefCouusel will forward the individual's request, together witha memorandum outlining the factual basis underlyjng the event(s) at issue in the lawsuit, to theICE Office of the Principal Legal Advisor, which will forward the request, the factualm e m o r a n d ~and an advisory statement opining whether such representation would be in theinterest of the United States, to the Director of the Constitutional and Specialized Torts Sta1f,Civil Division, Department of Justice. ICE will not be liable for defending ~ indemnifying actsof intentional misconduct on the part o f participating LEA personnel.

The LEA agrees to cooperate with any federal investigation related to this MOA to the full extent

of its available powers.I t

is understood that information provided by anyLE A

personnel underthreat of disciplinary action in an administrative investigation C8QI1ot be used against thatindividual in subsequent criminal proceedings, consisteDt with. Garrity v. New Jersey, '385 U.S.493 (1967).

As the activities of participating LEA personnel under this MOA are und.taken 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 afIiants in a criminalcase or investigation. '

XlV. COMPLAINT PROCEDURES

The complaint reporting and resolution procedlUe for allegations of m i s c o ~by participatillgLEA personnel, with regard to activities undertaken under the authority of his MOA, is includedat Appendix B.

xv. CML RIGHTS STANDARDS


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Participating LEA personnel who perform certain federal immigration enforcement functions arebound by all federal civil rights statutes and regulations, including the U.S. Department ofJustice "Guidance Regarding the Use of Race by Federal Law Enforcement Agencies" elatedJune 2003

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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.

XVI. STEERING COMMITTEE

The ICE Special Agent in Charge and/or the ICE Field Office Director in Dallas, Texas and theLEA POC shall establish a steering committee that will meet periodically to review and assessth e immigration enforcement activities conducted by the participating LEA personnel and toensure compliance with the terms of this MOA. The steering committee will meet periodicallyin the State o f Oldahoma at locations to be agreed upon by the parties, or via teleconference.Steering committee participants will be supplied with specific information on case reviews,individual participants' evaluations, complaints filed, media coverage, and, to the extentpracticable, statistical information on increased immigration enforcement activity in TulsaCounty. An initial review meeting will be held no later than nine months after certification ofth e initial class of participating LEA personnel under Section IX, above.

XVll. C O ~ T Y O U T R E A C H

The 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.

xvm. RELATIONS WITH THE NEWS MEDIA

Th e LEA may. at its discretion, communicate the substance o f this agreement to organizationsand groups expressing an interest in the law enforcement 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 contact fo r ICE and the LEA for thispurpose ar e identified in Appendix C.

XIX. MODIFICATION OF TIllS MOA

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

XX. D U R A T I O N A N D T E ~ A T I O N O F T I l l S M O A


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This MOA will remain in effect from the date of signing untn it is terminated 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 terminationshall take effect immediately 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 oftermination or suspension by ICE shall be given to the LEA POCo Notice of termination or

. suspension by the LEA shall be given to the ICE Special Agent in Charge and/or the ICE FieldOffice Director in Dallas, Texas.

Except for the provisions contained in Section XIII, this MOA does not, is not intended to, shallnot be construed to, and may not be relied upon to create, any rights, substantive or procedural,enforceable at law by any person in any matter, civil or criminal.

By signing this M O ~each party represents it is fully authorized to enter into this MOA, andaccepts the terms, responsibilities, obliganons, and limitations of this MOA, and agrees to bebound thereto to the fullest extent allowed by law.

Date:P'fk . Date: 7(Q(07

t ~ ' ~ ~ ~ ~ 7\ r ~ $ ~ c . ~ = : G l~Immigration and Customs Enforcement Tulsa, OklahomaOffice of Homeland Security

Date: - - - - . ! 4 - - 4 - . . . J . l - + - - - - - -

yersAs 'stant SecretaryImmigration an d Customs EnforcementOffice of Homeland Security


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APPENDIX A

POINTS OF CONTACT

..

--------The-IE--ao.d-LEA--points-of-oontacHbr-purposes-ofimplementation-ofthis-MOA are:

For the LEA:

ForICEDRO:

For ICE 01:

Stanley GlanzSheriff of Tulsa County500 S. Denver, Tulsa, Oklahoma, 74103(918) 596-5641

NmiaPrendesField Office Director8101 N. Stemmons Freeway, Dallas, Texas, 75247(214) 905-5860

John Chakwin Jr.Special Agent in Charge125 E. John Carpenter Freeway, Suite 700, Dallas, Texas 75062(972) 444-7301


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APPENDIXB

C O ~ ~ P R O C E D U R E

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This MOA is an agreement between DHSIICE and the Tulsa County Sheriff's Office, hereinafterreferred to as the "Law Enforcement Agency" (LEA), pursuant to which selected LEA personnelare authorized to perform immigration enforcement duties in specific situatioruJ under Federal

_ uthority. As such, the training, supervision, and performance 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 forth the process for designation, training, and certification of certain LEApersonnel to perform certain immigration enforcement functions specified herein. Complaintsfiled against those personnel in the course of their non-immigration duties will remain thedomain of the LEA an d 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 MO A 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 forwatd complaintsto

the Department of Homeland Security's Officeof

Inspector General (DHS OIG) as appropriate for review, and ensure not.itication as necessary tothe U.S. Department of Justice Civil Rights Division (DOJ CRD). The ICE on 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 010or the OOJ CRD, this will not preclude the DHS OIG, OOJ ClID, or ICE OPR. 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 8 Administrative Investigations Unit willfollow applicable LEA policies and procedures, personnel rules, state ~ an d collectivebargaining agreement requirements.


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1. Complaint Reporting Procedures

Complaint reporting procedures shall be disseminated as appropriate by the LEA within facilitiesunder its jurisdiction (in English and other languages as appropriate) in order to ensure that

.... ---.------ individuals are aware oft1ie availiDihlj of sucH proceaures. ' --------.------

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

Complaints can be reported to federal authorities as follows:

1. Telephonically to the ICE OPR at the Joint Intake Center (JIC) inWashington, D.C. at the toll-free number 1-877-246-8253, or

2. Telephonically to the OPR Duty Officer, 45 N.B. Loop 410, Suite 600, SanAntonio, Texas, 78216, or (210) 366-5800 Office, (210) 366-5855 Pax.

3. Via mail as follows:

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

Complaints can also be referred to and accepted by any of he following LEA entities:

1. The LEA 8 Professional Standards Section

2. The supervisor of any participating LEA personnel; or

Captain Linda Devoe

2. Review o f Complaints

500 S. Denver, Tulsa, Oklahoma, 74103(918) 596-5708

All complaints (written or oral) reported to the LEA directly, which involve activities connectedto immigration enforcement activities authorized under this MOA, will he reJiGrted ,totH ICEOPR. The ICE OPR will verify participating peI'SOlJIlCI status um1er the MOA with theassistance of the Special Agent in Charge of the ICE Office, of Investigations' in the State ofOklahoma. Complaints received by any ICE entity will be reported directly to the ICE OPR asper existing ICE policies and procedures.


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APPENDIXC

PUBLIC INFORMATION POINTS OF CONTACT

-Pursuant-to-Sectiun--xvm-ofthe-MOA;-1he-signatories agree-ttn:Oordinateany----release o f information to the media regarding actions taken under this MOA. Thepoints o f contact for coordinating such activities are:

For the LEA:

Deputy Catherine CurtinPublic Information Officer500 S. Denver, Tulsa, Oldahoma, 74103(918) 596- 5601

For leE:

Carl RusnokDirector Of Communications ICE Central Region7701 N. Stemmons, Dallas, Texas, 75247(214) 905-5292

Tulsa County Sheriff's Office (Oklahoma) - former 287(g) agreement with ICE

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