beaufort county sheriff’s office (south carolina) - former 287(g) agreement with ice

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 o f Homeland Security (DHS), and the Beaufort County Sheriff's Office hereinafter referred to as the "Law Entorcement Agency" (LEA), purs uant to which ICE authorizes up to a maximum o f Five (5 ) nominated, trained, and certified LEA personnel to perfonn certain immigration enforcement functions as specified herein. It is the intent of the parties that these delegated authorities will enable the LEA to identify and process immigration violators and conduct criminal investigations under the direct supervision o f ICE in Beaufort County, Sc. ICE and LEA points o f contact for purposes o f this MOA are identified in Appendix A. I. PURPOSE Th e purpose o f this MOA is to se t fort h the terms and conditions pursuant to which selected LEA personnel (participating LEA personnel) will be nominated, trained, and thereafter perfonn certain functions o f an immigrntion officer within the Beaufort County, Sc. Nothing contained herein shall otherwise limit the jurisdiction and powers normally possessed by participating LEA personnel as members or the LEA. 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 ( 0 members o f th e public regarding immigration enforcement actions taken by participating LEA personnel pursuant to this agreement. If. AUTHORITY Section 287(g) o f the Immigration and Nationality Ac t (INA), also codified at 8 U.S.C. § I 357(g), as amended by the Homeland Security Act o f 2002, Public Law 107-296, authorizes the Secretary o f the Department o f Homeland Security, acting through the Assistant Secretary o f rCE, to enter into written agreements with a State or any political subdivision o f a State so that qualified personnel can perform certain functions o f an immigrntion officer. This MO A constitutes such a written agreement. III. POLICY This MO A sets forth the scope o f the immigration officer functions that DH S is authorizing the participating LEA personnel t o perfonn. It sets fo rth with s pecificity 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 pursuant to this MOA. Fo r the purposes o f this MOA, ICE officers will provide supervision for participating LEA personnel only as to immigration enforcement and/or immigration investigative functions. The Beaufort County Sheriff's Office retains supervision o f all other aspects o f the employment o f and perfonnance o f duties by participating Beaufort County Sheriff's Office personnel. 1

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