HomeMy WebLinkAboutContract 37271 MEMORANDUM OF UNDERSTANDING NO ,
between
the
U.S. Immigration and Customs Enforcement (ICE)
and
IIJ®�.�1•� F,, ,-i WQ)4, ��(�rre p � �f-
ICE OI Directives 05-006 and 05-007
I. Purpose
The above listed law enforcement agency and ICE agree that effective enforcement of
the laws relating to ICE jurisdiction requires close cooperation and coordination between
the two agencies, and have therefore entered into this agreement to govern the use of
ICE designations by certain employees of your agency.
II. Agreement
There may be instances when it may be desirable on occasion for certain sworn law
enforcement employees of your agency to be able to perform certain ICE duties.
Pursuant to section 401(1), Tariff Act of 1930, as amended, (19 U.S.C. 1401(1), the
Secretary of Homeland Security or his/her designee is authorized to designate persons
as Customs Officers(Excepted) who are designated to perform the duties of an ICE
Officer. The designated Customs Officers will have the authority to enforce "Customs"
laws. This agreement does not grant the designated Customs Officers the authority to
enforce 'Immigration"laws.
The forms and authorities referenced herein may be renamed or replaced by ICE without
prejudice to this agreement.
The two agencies have, therefore, entered into an agreement as follows:
A. The U.S.Immigration and Customs Enforcement agrees:
1. to designate certain employees of your agency as Customs Officers
(Excepted), without additional compensation, to perform the duties
shown on the attached"Designation, Customs Officer"form(which is
hereby made part of the agreement);
2. to provide appropriate training in Customs laws, policies, and procedures
to the designated employees;
3. to issue a "Designation, Customs Ofcer,"as described in A 1 above to
each qualified employee;
4. to advise your officers regarding any court proceedings that question any
seizures or arrests that are made in accordance with this agreement;
5. to process, under appropriate regulations, any injury claim submitted as
a result of injuries occurring to local law officers acting pursuant to this
agreement, for compensation under the Federal Employee Workers
Compensation Act(5 U.S.C. 8 10 1, et. seq.).
B. The above listed law enforcement agency agrees:
1. to advise ICE of each situation in which the agency proposes to use an
ICE designation;
2. that ICE designations to employees of your agency will be used only in
situations where there has been specific advance approval by the
appropriate Special Agent in Charge or Resident Agent in Charge.
Designations will be used only for the duration of the specified law
enforcement activity for which the approval was extended, and to the extent
of such approval.
3. that only personnel who are sworn law enforcement officers of your
agency and who successfully complete the appropriate ICE
cross-designation training and received a 'Designation,Customs Officer"
form will be granted Customs Officer status;
4. to report to ICE, in writing, the results of all activity undertaken by the
designated Customs Officer as a consequence of the Customs cross
designation authority;
5. to advise ICE of each court proceeding in which the validity of ICE
search, seizures, or arrest authority has become an issue;and to permit
ICE to provide legal memoranda or other assistance in such cases when
desired by ICE.
6. to follow ICE directives and instructions that are applicable to ICE
concerning ICE search, seizure, and arrest authority,-
7. to return all ICE equipment and identification if issued, when a cross
designated officer terminates employment for any reason.
Both agencies agree to:
1. recognize that any abuse of ICE cross designation authority may lead to
the revocation of such cross designations by ICE,
2. agree to exchange implementing instructions prior to issuance,an
3. agree to schedule periodic meetings to review this agreement.
This Memorandum of Understanding is an internal agreement between government agencies. It
does not create or confer any rights,privileges, or benefits for any private person or party.
Approved By Approved By
Law Enforcement Agency ICE
Name of Agency: ICE Agency: r
G Tr1 v G GJcw (�U cc DEJT
Name: Named ti
h
Joe- Pp".j A�„r�
U
Title: Title: off
O
Signatur ate' Sign �rle/Date:
At A13-002 (05/05)
APPRO�ED AS TO FORM AND LEGALITY:
�.__ ��2 J lei ,_
� 3 L 0 L�fart Hens _ .
DVO Lff Y ATTORNEY
City SC6f1rer_jj y