durham police department (north carolina) - former 287(g) agreement with ice

8/14/2019 Durham Police Department (North Carolina) - 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 (DBS), and the Durham Police Department, hereinafter refelTed to as the "LawEnforcement Agency" (LEA), pursuant to which ICE authorizes up to a maximum of one (I)nominated, trained, and certified LEA personnel to perform certain immigration enforcementfunctions as specified herein. It is the intent of the parties that these delegated authorities willenable the LEA to identify and process immigration violators in the City of Durham, NorthCarolina. ICE and LEA points of contact for purposes of this MOA are identified in AppendixA.

L PURPOSEThe purpose of this MOll. is to set forth the terms and conditions pursuant to which selected LEApersonnel (participating LEA personnel) will be nominated, trained, and thereafter perfonncertain functions of an inunigration officer within the City of Durham, North Carolina. Nothingcontained herein shall otherwise limit the jurisdiction and powers normally possessed byparticipating LEA personnel as members of the LEA. However, the exercise of the immigrationenforcement authority granted under this MOA to participating LEA pcrsolmel shall occur onlyas provided in this MOA. This MOA also describes the complaint procedures available tomembers of the public regarding immigration enforcement actions taken by participating LEApersOlmel pursuant to this agreement.II. AUTHORlTY

Section 287(g) of the Immigration and Nationality Act (INA), also codified at 8 U.S.C. 1357(g), as amended by the Homeland SecUlity 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.

III. POLICYThis MOA sets forth the scope of the immigration officer functions that DHS is authorizing theparticipating LEA personnel to perfonn. It sets fbrth with specificity the duration of theauthority conveyed and the specific lines of authority, including the requirement thatparticipating LEA personnel arc subject to ICE supervision while perfonning immigrationrelated duties pursuant to this MOA. For the purposes of this MOA, ICE officers will providesupervision for pruiicipating LEA personnel only as to immigration enforcement j ~ l l 1 c t i o n s . TheDUl'hrul1 Police Department retains supervision of all other aspects of the employment of andpcrfomlance ofduties by participating Durham Police personnel.

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IV. ASSIGNMENTSBefore participating LEA personnel receive authorization to perform immif,'l'ation 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 ICE officers. Only participating LEA personnel who arc selected, trained. authorized,and supervised, as set out herein, have authority pursuant to this MOA to conduct theimmigration officer functions enumerated in this MOA.Participating LEA personnel performing immigration-related duties pursuant to this MOA willbe LEA officers assigned to the Special Operations Division (SOD). Participating LEApersonnel will bc exercising their immigration-related authorities during the course of criminalinvestigations involving aliens encountered within the City of Durham, North Carolina. Anycombination of these officers or others may be assigned und/or co-located as task force officersto assist ICE agents with criminal investigations.The mission of these various LEA assignments are summmized as follows:

Investigations ofpeople involved in criminal gangs Investigations involving violent crimes including, but nollimiled to homicide,aggravated assault, anned robbery, and other similar crimes. Investigations involving production, sale, or distlibution of fbrged identitydocuments, or identity theft. Investigations involving firearms (Prohibited persons, 18 USC 922(g)(5), el. al) Investigations involving Homeland Security Any Felony that occurs within the Jurisdiction ofth0 Durham Police Department

V. DESIGNATION OF AUTHORIZED FUNCTIONSFor the purposes of this MOA, participating LEA personnel will be authorized to perform thefollowing functions pursuant to the stated authorities, subject to the limitations contained in thisMOA:

The power and authority to interrogate any persoll believed to be an alien as to his rightto be or remain in the United States (INA 287(a)(I) and 8 C.F.R. 287.5(a)(1)) 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, if the officer has reason to believe thealien to be an'ested is in the United States in violation of law and is likely to escapebefore a warrant can be obtained. INA 287(a)(2) and 8 C.F.R. 287.5(c)(I);

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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, if there is reason to believe that theperson so arrested has committed such felony and if there is likelihood of the personescaping before a warrant can be obtained. INA 287(a)(4) and 8 C.F.R. 287.5(c)(2).Notification of such arrest must be made to ICE within twenty-four (24) hours; The power and authority to serve WalTants of anest for immigration violations pursuantto 8 C.P.R. 287.5(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 swom statements for ICE supervisory review; TIle 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)(5), 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 dctainers (8 C.P,R. 287.7) and 1-213,Record of Deportable/Inadmissible 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 AND TRANSPORTATION 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 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. The ICE Detention andRemoval Field Oftlcc Director or his designee will assess on a case-by-case basis the appropriateremoval vehicle to be employed and/or 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 Detcntion and Removal Operations(DRO) with the discretion to manage limited ICE detention resources, and ICE Ficld OftlccDirectors may exercise this discretion, in appropriate cases, by declining to detain aliens whosedetention is not mandated by Federal statute.

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If ICE determines that it is necessary, the LEA will enter into an Inter-Governmental ServiceAgreement (lGSA) 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 sentcnces. TI1CLEA facility will be expected to meet the ICE detcntion standards for either a lcss than 72 houror over 72 hour facility as determined by ICE, and consistent with the anticipated detentionperiod.In addition, if ICE detennines 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 detelmines that it is necessary, the LEA will providc ICE, at no cost, with an office withineach participating LEA facility lor ICE supervisory employces to work.The parties understand that the LEA will not continue to detain an alicn 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 anICE detainer issued in accordance with 8 C.P,R, 287.7, absent an lGSA 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, aHernotification to and coordination with the ICE supervisory officer, so that no further detentioncosts will be incurred by ICE.

VI!. NOMINATION OF PERSONNELThe City of Durham Police Department will nominate candidates tor initial trammg andcertification under this MOA. For each candidate, ICE may request any inforn1ation necessaryfor a background check to include but not be limited to submission of fingerprints and a personalhistory questionnaire to evaluate a candidate's suitability to participate in the enforcement ofimmigration authorities under this MOA. All candidates must be United States citizcns. Allcandidates must have at least two years of LEA work experience. All candidates must beapproved by ICE and must be found eligible for access to sensitive information.The City of Durham Police Department and ICE enter into this MOA in good faith and agree toabide by the terms and conditions contained herein. The City of Durham Police Departmentagrees to use due diligence to screen individuals nominated for training and agree thatindividuals who successfully complete the training under this ivlOA will perf 1111 immigrationofficer functions authorized under 287(g) for a minimum of two (2) years. Any failure by theCity of Durham Police Department to fulfill this commitment could jeopardize the tenns of thisMOA and ICE reserves the right to terminate this MOA, suspend partiCipation in the 2S7(g)training program, or take other appropriate action as necessary.

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Candidates working with Task Force operations shall have knowledge of, and have enforced,laws and regulations pertinent to their law enforcement activities and their jUlisdictions. Theapplicant's work expericnce should consist of interviewing witnesses, intelTogating subjects,providing constitutional rights warnings, obtaining statements and executing search and seizurewarrants. An emphasis should be placed on officers who have planned, organized and conductedcomplex investigations relating to violations of criminal and civil law. All candidates must besworn/certified officers, must possess arrest authority, and must be authorized to carry firearms.All candidates must be approved by ICE and must be able to qualify for appropriate federalsecuri ty clearances. Should a candidate not be approved, a substitute candidate may besubmitted if time permits such substitution to occur without delaying the start of training. Anyfuture expansion in the number of participating LEA personnel or scheduling of additionaltraining classes may be based on an oral agreement of the parties, but will be subject to all therequirements of this MOll..

VIIL TRAlNlNG OF PERSONNELTCE will provide participating LEA persolmel with the mandatOlY four week training tailored tothe immigration functions to be perfol1lled.Training will include, among other things: (i) discussioll of the tel1ns and limitations of thisMOA; (ii) the scope of immigration offleer 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 Enforcement Agencies," dated June 2003; (vii)publ ic 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 makcproper notification upon the arrest or detention of a foreign nationaLApproximately one year after the participating LEA personnel are trained and certified, ICE mayprovide additional updated training on relevant administrative, legal, and operational issuesrelatcd to the performance of immigration officer 11111clion8, unless either party tel1uinates thisMOA pursuant to Section XX, below. Local training on relevanl issues will be provided on anongoing basis by ICE supervisors or a designated team leader.

IX. CERTIFICATION AND AUTHORIZATIONThe ICE Training Division will certify in writing to the ICE Special Agent in Charge in SACAtlanta the names of those LEA personnel who successfully complete training and pass allrequired tesling. Upon receipt of Training Division certification, the ICE Special Agent inCharge in SAC Atlanta will provide the participating LEA personnel with a signed authorizationto perforn1 specified functions of an immigration officer for an initial period of one year from thedate of the authorization. ICE will also provide a copy ofthe 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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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 MOA. The Durham Police Department Designee and the ICE Residcnt Agent inCharge in RAC Raleigh will be responsible for notification of the appropriate personnel in theirrespective agencies. The lennination of this Mall. shall cnnstitute revocation of all immigrationenlorcement authorizations delegated hereunder.

X. COSTS AND EXPENDITURESParticipating LEA personnel will carry out designated functions at the LEA's expense, includingsalaries and benefits, local transportation, and official issue material.ICE will provide the instructors and training materials. The LEA is responsible for the salariesand henefits, including overtime, for all of its personnel being trained or perfonning duties underthis MOA, and for those personnel performing the regular functions of the participating LEApersonnel while they are receiving training. ICE is responsible lor the salaries and benefits of allof ts personncl, including instructors and supervisors.If ICE determines the training provides a direct service lor the Govemmcnt, and it is in the hestinterest of the Govcnunent, the Government may issue travel orders to selected candidates andreimburse travel and per diem expenses only. The LEA remains responsible for paying salariesand benefits of the selected candidates.Subject to the availability of funds, ICE agrees to be responsible for the purchase, installation,and maintenance of technology (computerilAFlSIPhoto and similar hardwareisoftware)necessary to SUppOlt the investigative Junctions of participating LEA personnel at each LEAfacility with an active 287(g) program. The use of this equipment is to be limited to theperfOITI1UnCe of responsibilities authorized by this MOA under section 287(g) of the INA bypalticipating LEA personnel. ICE also agrees to prnvide the necessary technological support andsoftware updates for usc by participating LEA personnel to accomplish the delegated functions.Such hardware, software. and other technology purchased or provided by ICE, shall remain thepropeliy of ICE and shall be returned to ICE upon termination of this agreement, or whendeemed necessary by the ICE Special Agent in Charge and/or the ICE Field Office Director inSAC Atlanta.The LEA is responsible to provide all administrative supplies, i.c. paper. toner, pens, pencils andother similar items necessary for nornlal oftlce operations. The LEA is also responsible providenecessary security equipment, i.e. handcuffs, leg restraints and flexi euffs etc.

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XI. ICE SUPERVISIONImmigration enforcement activities conducted by the partlclpating LEA personnel will besupervised and directed by ICE supervisory omcers or the designated team leader in RACRaleigh, NC. Participating LEA persOlmel are not authorized to perfonn immi!,>ration 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 ICE supervisory omcer within 24 hours of any detainer issued under the authorities setforth in this MOA. The actions of 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 orguidance.For purposes of this MOA, ICE officers will provide supervision of participating LEA persmmelonly as to immigration enforcement lunctions. The LEA retains supervision of all other aspectsof the emploYlnent of and perfmmance ofduties 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 orotherw'ise 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 law.If a conflict ariSes between an order or direction of an ICE supervisory officer or a DHS or ICEpolicy and the LEA's rules, standards, or policies, the conJlict shall be promptly reported to theICE Resident Agent in Charge in RAC Raleigh, or designees, and the Durham PoliceDepartment, or designee, when circumstances safely allow the concem (0 be raised. The ICEResident Agent in Charge in RAC Raleigh and the Durham Police Department Designee shallattempt to resolve the contlict.

XII. REPORTING REQUIREMENTSThe LEA will be responsible for tracking and maintammg accurate data and statisticalinformation for their 287(g) program, including any specific tracking data requested by ICE.Upon ICE's request, such data and information shall be provided to ICE for comparison andverification with ICE's own data and statistical infOImation, as well as for ICE's statisticalreporting requirements and to assess the progress and success of the LEA's 287(g) program.

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XlII. LIABILITY AND RESPONSIBILITYIf any participating LEA personnel are the subject of a complaint of any SOlt that may result inthat individual receiving employer discipline or becoming the subject of a criminal investigationor civil lawsuit, the LEA shall, to the extent allowed by State law. immediately notify ICE of theexistence and naturc of the complaint. The resolution of the complaint shall also be promptlyreported to ICE, Complaints regarding the exercise of immigration enforcement authority byparticipating LEA personnel shall be 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 palticipating LEA personnel with regard to their property or personalexpenses incurred by reason ofdeath, injury, or incidents giving rise to liability,Participating LEA personnel will only be treated as Federal employees for purposes of theFederal Ton Claims Act, 28 U,S,C, 2671-2680, and worker's compensation claims, 5 U.S,C, 8101 et seq., when perfonuing 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 Witll this MOA. 8 U,S.C, l357(g)(8).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 madc in writing directed to the Attomey General of the United States, and will behandled in coordination with the ICE Resident Agent in Charge in RAC Raleigh, Requests forrepresentation must be presented to the ICE Office of the Chief Counsel at the Office of theChief Counsel, 77 Forsyth Street, SW Atlanta, GA 30303, Any request for representation andrelated correspondence must be clearly marked "Subject to Attorney-Client Privilege," TheOffice of the Chief Counsel will forward the individual's request, together with a memorandumoutlining the factual basis underlying the event(s) at issue in the lawsuit, to the ICE Office of thePrincipal Legal Advisor, which will forward the request, the factual memorandum, and anadvisolY statement opining whether such representation would be in the interest of the UnitedSlates, to the Director of the Constitutional and Specialized TOIts Staff, Civil Division,Depmiment of Justice. ICE will not be liable t{)r defending or indemnifying acts of intentionalmisconduct on the par! of participating LEA personnel.The LEA agrees to cooperate with any Federal investigation related to this MOA to the fullextent of its available powers, It is understood that infonnation provided by any LEA personnelunder threat of disciplinary action in an administrative investigation cannot be used against thatindividual in subsequent criminal proceedings, consistent with Garrity v, New Jersev, 385 U,S.493 (1967).As the activities of participating LEA personnel under this ~ v l 0 A are undeltaken under Federalauthority, tlle palticipating 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.

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XIV. COMPLAINT PROCEDURESThe complaint reporting and resolution procedure lor allegations ofmisconduct by participatingLEA personnel, with regard to activities undertaken under the authOlity of this MOA, is includedat Appendix B.

XV. CIVIL RIGHTS STANDARDSParticipating 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" datedJunc 2003.Participating LEA personnel will provide an opportunity for subjects with limited Englishianguage protlciency to request an interpreter. Qualified foreign language interpreters will beprovided by the LEA as needed.

XVI. STEERING COMMITTEETIle ICE Resident Agent in Charge in RAC Raleigh and the Durham Police DepmtmentDesignee shall establish a steering committee that will meet periodically to review and assess theimmigration eniOrcement activities conducted by the participating LEA personnel and to ensurecompliance with the terms of this MOA. The steering committee will meet periodically inRAC/Raleigh at locations to be agreed upon by the parties, or via teleconference. Steeringcommittee participants will bc supplied with specific information on case reviews, individualpartiCipants' evaluations, complaints tIled, media coverage, and, to the extent practicable,statistical information on increased immigration enforcement activity in RAC Raleigh. An initialreview meeting will be held no later than nine months after certification of the initial class ofparticipating LEA persOImel under Section IX, above.

XVII. COMMUNITY OUTREACHThc LEA may, at its discretion, engage in c0ll1111wlity outreach with individuals andorganizations expressing an interest in this MOA. ICE may palticipate in such outreach upon theLEA's request.

XVIII. RELATIONS WITH THE NEWS MEDIAThe LEA may, at its discretion, communicate the substance of this agreement to organizationsand groups expressing an interest in the law enforcement activities to be engaged in under thisMOA. This MOA also desclibes the complaint procedures available to members of the publicregarding actions taken by participating LEA personnel pursuant to this agreemcnt.

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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 for rCE and the LEA for thispurpose are identified in Appendix C.

XIX. MODIFICATION OF THIS MOAModifications to this MOA must be proposed in writing and approved by the signatories.

XX. DURATION AND TERMINATION OF THIS MOAThis MOA will remain in effect from the date of signing until 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 lemlinationshall 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 c o n s t r a i n t ~ or competing priorities nccessitate. Notice oftermination or suspension by ICE shall be given to the Durham Police Department Designee.Notice of termination or suspension by the LEA shall be given to the ICE Resident Agent inCharge in RAC Raleigh.Except for the provisions contained in Section XlII, this MOA does not, is not intcnded to, shallno t 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 MOA, each party represents it is fully authorized to cnter into this MOA, andaccepts the terms, responsibilities, obligations, and limitations of this MOA, and agrees to bebound thereto to the fullest extent allowed by law.

Date: ,f '===

Lopez, Sr.C efofPohceCity of Durham Police Department

~ ' \ l Date: J:. ,. \-/fl\J'

\ VMr. Patrick BakerCity ManagerCity ofDurham, NC

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APPENDIX APOINTS OF CONTACT

TIle ICE and LEA points of contact for purposes of implementation of this MOA are:

For the LEA:

For ICE DRO;

For ICE 01;

Morris Ray Taylor, CaptainSpecial Operations Division(919) 560-4454 x244

Paige Edenfield, AFODCharlotte, NC(704) 6726995

Thomas D. O'Connell, RACRaleigh, NC(919) 6788807 x225

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APPENDIXB

COMPLAINT PROCEDURE

This MOA is an agreement between DHS/ICE and the City of Durham Police Depattment,hereinafter referred to as the "Law Enforcement Agency" (LEA), pursuant to which selectedLEA personnel are authorized to perfOlm immigration enforcement dutics in specific situationsunder Federal authority. As such, the training, supervision, and performance of participatingLEA personnel pursu811t to the MOll., as well as the protections for individuals' civil andconstitutional rights, are to be monitored. Part of that monitoring will be accomplished throughthese complaint reporting and resolution procedures, which the parties to the MOll. have agreedto follow.The ,vtOA sets fOlth the process for designation, training, and certification of certain LEApersonnel to perform certain immigration enforcement functions specitied herein. Complaintsfiled against those personnel in the course of their non-immigration duties will remain thedomain of the LEA and 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 MOA. The number and type of the latter complaints will be monitored by theSteering Committee established under Section XVI of the MOA.In order to simplify the process tor 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 OrG) as appropliate tor review, and ensure notification as necessary tothe U.S. Department of Justice Civil Rights Division (DO] CRD). The ICE aPR will coordinatecomplaints related to participating persOlmel with the LEA's Administrative Investigations Unitas detailed below. Should circumstances WalTant investigation of a complaint by the DHS OIGor the DO) CRD, this will not preclude the DHS OIG, DO] CRD. or ICE aPR from conductingthe investigation in coordination with the LEA's Administrative Investigations Unit. whcnappropriate.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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I. 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 thatindividuals are aware of the availability of such procedures.Complaints will be accepted !I'om any source (e.g.: ICE, LEA, pat1icipating LEA personnel,inmates, and the public).Complaints can be reported to Federal authorities as tallows:

A. Telephonically to the ICE OPR at the Joint Intake Center (J IC) I IIWashington, D.C. , at the toll-free number 1-877-246-8253, orB. Telephonically to the Resident Agent in Charge oflhe ICE OPR office in ICEOPR SAC OFFICE COVERING RAC Raleigh, NC, orC. Via mail as follows:

U.S. Department of Homeland SecurityU.S. Immigration and Customs EnforcementOffice of Professional Responsibility425 I Street, NViRoom 3260Washington, D.C. 20536Complaints can also be referred to and accepted by any of the following LEA entities:

A. The LEA's Administrative Investigations UnitCaptain E.E. Sarvis, Jr.Professional Standards Unit CommanderDurham Police Department505 W. Chapel Hill StreetDurham, NC 27701Telephone: (919) 560-4430F.A..,'{: (919) 560-4971

B, The supervisor of any pUlticipating LEA personnel

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2. Review of ComplaintsAll complaints (written or oral) reported to the LEA directly, whieh involve activities connectedto immigration enforcement activities authorized under this MOA, will be reported to the ICEOPR. The ICE OPR will verify participating personnel status under the MOA with theassistance of the Special Agent in Charge of the ICE Office of Investigations in RAC Raleigh.Complaints received by any ICE entity will be reported directly to the ICE OPR as per existingICE policies and procedures.In all instances, the ICE OPR, as appropriate, will make an initial determination regarding DHSinvestigative jurisdiction and refer the complaint to the appropriate office for action as soon aspossible, given the nature of the complaint.Complaints repOlied 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 ProceduresUpon receipt of any complaint, the ICE OPR wiII undertake a complete review of eaeh 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 GIGand/or the DO] CRD. Complaints will be resolved using the existing procedures, supplementedas follows:

A. Referral ofComplaints to LEA's Administrative Investigations Unit.The ICE OPR will refer complaints, as appropriate, involving LEA personnel tothe LEA's Administrative Investigations Unit lor resolution. The Durham PoliceDepartment commander will inform ICE OPR of the disposition and resolution ofany complaints referred by ICE OPR.B. Interim Action Pending Complaint ResolutionWhenever 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 City ofDurham PoliceDepartment shall be honored. If appropriate, an individual may be removed fromparticipation in tbe activities covered under the MOA pending resolution of aninquiry.C. Time Parameters fi)r Resolution ofComplaints

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It is expected that any complaint received will be resolved within 90 days.However, this will depend upon the nature and complexity of the substance of thecomplaint itsel f.D. Notification ofResolution of a ComplaintICE OPR will coordinate with the LEA's Administrative Investigations Unit toensure notification as appropriate to the subject(s) of a complaint regarding theresolution of the complaint.

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APPENDIX CPUBLIC INFORMATION POINTS OF CONTACT

Pursuant to Section XVIII of this MOA, the signatories agree to coordinate any release ofinfol1nation to the media regarding actions taken under this MOA. The points of contact forcoordinating such activities arc:

For the LEA:Public Affairs Officer:Major Lee RussExecutive 0 [ficcr to the ChiefDurham Police Department505 W. Chapel Hill StreetDurham, NC 27701Telephone: (919) 560-4322FAX: (919) 560-4971 For ICE:Public Affairs Officer Richard RochaOffice of Public Affairs and Internal CommunicationU.S. Department ofHomeland SecurityU.S. Immigration and Customs Enforcement425 I Street NWWashington D.C. 20536Telephone: (202) 6168895

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durham police department (north carolina) - former 287(g) agreement with ice

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