MEMORANDUM OF AGREEMENT This Memorandum of Agreement (MOA) constitutes an agreement between US Immigration and Customs Enforcement (ICE), a component of the Department of Homeland Security (DHS), and the Law Enforcement Agency, Hudson COun'ty Department of Corrections (HCDOC), pursuant to whichICE delegates nominated, trained, certi?ed, and authorized HCDOC personnel to perform certain immigration enforcement functions as speci?ed herein. It is the intentof the parties that these delegated authorities will enable the HCDOC to identify and process immigration violators under ICE supervision, as detailed herein, within the con?nes of the area of responsibility. The ICE enter into this MOA in good faith and agree to abide by the temis and conditions contained herein. I. PURPOSE The purpose of this collaboration is to enhance the safety and security of communities by foousing resources on identifying and processing for removal criminal aliens and those others . who fall into civil immigration enforcement priorities. This MOA sets forth the terms and conditions pursuant to which selected HCDOC personnel (participating HCDOC personnel) will be nominated, trained, and approved by ICE to perform certain functions of an immigration of?cer the area of reSponsibility. Nothing contained herein shall otherwise limit the jurisdiction and powers normally possessed by participating HCDOC personnel as members of the HCDOC. However, the, exercise of the immigration enforcement authority granted under this MOA to participating HDOC personnel. shall occ1'1r only as provided in this MOA. II. AUTHORITY Section 287(g) of the Immigration and Nationality Act (INA), codi?ed at 8 U.S.C. ?.1357(g) (1996), as amended by the Homeland Security Act of 2002, Public Law 107-296, authorizes the Secretary of DHS, acting through the Director of ICE, to enter into written agreements with a State or any political subdivision of a State so that quali?ed personnel can perform certain functions of an immigration of?cer. This MOA constitutes such a written agreement. POLICY This MOA sets forth the following: I) the functions of an immigration of?cer that DHS is authorizing the participating HCDOC personnel to perform; 2) the duration of the authority conveyed;?3) the supervisory requirements, including the requirement that participating HCDOC . personnel are subject to ICE supervision while performing immigration?related duties pursuant to this and 4) program information or data that the HCDOC is required to collect as part of the operation of the program. For the purposes of this MOA, ICE of?cers will provide supervision for participating HCDOC personnel only as to immigration enforcement functions as authorized in this MOA. HCDOC retains supervision of all other aSpects of the employment and performance of duties by participating HCDOC personnel. I The HCDOC is expected to pursue to completion all criminal charges that caused the alien to be taken into custody. and over 'which the HCDOC has jurisdiction. Consistent with and subject to its enforcement priorities, ICE will assume custody of an alien 1) who has. been convicted of a State, local or Federal offense only after being informed by the alien?s custodian that such alien has concluded service of any sentence of incarceration; 2) who has prior criminal convictions and when immigration detention is required by statute; or 3) when the .ICE Enforcement and Removal Operations (ERO) Field Of?ce Director (FOD) or his designee decides on a case-by-case basis to assume custody of an alien who does not meet the above criteria. IV. DESIGNATION or AUTHORIZED FUNCTIONS Approved participating HCDOC personnel will be authorized to perform immigration of?cer ?mctions outlined in section 287(g)(1) of the INA regarding the investigation, apprehension, or detention of aliens in the United States, subject to the limitations contained in the Standard Operating Precedures (SOP) in Appendix to this MOA. V. DETENTION AND TRANSPORTATION ISSUES ICE retains sole discretion in determining how it will manage its limited detention resources and meet its mission requirements. ICE FODs will determine whether to detain aliens?on a case-by- case basis and the HCDOC will prioritize the detention of aliens in conformity with ICE civil immigration enforcement priorities. ICE reserves the right to detain aliens to the extent provided by law. If ICE deems it necessary, the HCDOC will enter into an Inter-Govemmental Service Agreement (IGSA) with ICE pursuant to which the HCDOC will provide, for a reimbursable fee, detention of incarcerated aliens in HCDOC facilities upon the completion of their sentences. If and the HCDOC enter into an IGSA, the HCDOC must meet applicable detention standards. In addition to detention services, if ICE deems it necessary, the IGSA may include a transportation component for the transportation of all incarcerated aliens for a reimbursable fee. Under a transportation IGSA, the HCDOC will transport all incarcerated aliens in its facilities who are subject to removal, upon completion of their sentences, to a facility or location designated by ICE. Reimbursement to the HCDOC will occur only when the HCDOC obtained prior ICE approval for the transportation. ICE will not reimburse if the HCDOC did not obtain prior approval from ICE. The parties understand that the HCDOC will not continue to detain an alien after that alien is eligible .for release from the custody in accordance with applicable law and HCDOC policy, except for a period of up to 48-hours, excluding Saturdays, Sundays, and any Federal holiday, pursuant to an ICE detainer issued in accordance with 8 C.F.R. 287.7, absent an IGSA in place as described above. VI. NOMINATION OF PERSONNEL The HCDOC will nominate candidates for ICE training and approval under this MOA. All candidates must be United States citizens. The HCDOC is responsible for conducting a criminal background check covering the last ?ve years for all nominated candidates. Upon request, the HCDOC will provide all related information and materials it collected, referenced, or considered during the criminal background check for nominated candidates to ICE. In addition to the HCDOC background check, ICE will conduct an independent background check for each candidate. This background check requires all, candidates to complete a background questionnaire. The questionnaire requires, but is not limited to, the submission of ?ngerprints, a personal history questionnaire, and the candidate?s disciplinary history (including allegations of excessive force or discriminatory action). ICE reserves the right to query any and all national and international law enforcement databases to evaluate a candidate?s suitability to participate in the enforcement of immigration authorities under this MOA. Upon request by ICE, the HCDOC will provide continuous access to disciplinary records of all candidates along with a written privacy waiver signed by the candidate allowing ICE to have continuous access to his or her disciplinary records. The HCDOC agrees to use due diligence to screen individuals nominated for training and agrees that individuals who successfully complete the training under this MOA will perform immigration of?cer functions authorized under section 287(g) of the INA for a minimum of two years. If HCDOC personnel under consideration are in a bargaining unit, that HCDOC must, prior to the execution of the MOA, have an agreement with the exclusive representative that allows the designated of?cers to remain in their position for a minimum of two years. This two- year requirement may be waived solely at the discretion of ICE for good cause in situations that involve, among other things, imminent promotion, o?icer career development, and disciplinary actions. Failure by the HCDOC to ful?ll this commitment could je0pardize the terms of this MOA, and ICE reserves the right, under these circumstances, to take appropriate actiOn as necessary, including terminating this MOA. All HCDOC candidates shall have knowledge of and have enforced laws and regulations pertinent to their law enforcement activities and their jurisdictions. For further clari?cation and requirements, refer to Appendix D. All HCDOC candidates, must be approved by ICE and must be able to qualify for access to appropriate DHS and ICE databases. Should a candidate not be approved, a quali?ed substitute candidate may be submitted. Such substitution must occur without delaying the start of training. Any future expansion in the number of participating HCDOC personnel or scheduling of additional training classes is subject to all the requirements of this MOA and the accompanyin SOP. - VII. TRAINING OF PERSONNEL ICE will provide participating HCDOC personnel with Immigration Authority Delegation Program (IADP) training consistent with the accompanying SOP. Training will explain current agency enforcement priorities, including prosecutorial discretion. Participating HCDOC personnel will also be required to complete refresher training, Immigration Authority Delegation Refresher Program (IADRP), at a minimum every two years, and any additional training required by ICE. CERTIFICATION AND AUTHORIZATION Before participating HCDOC personnel receive authorization to perform immigration of?cer functions granted under this MOA, they must successfully complete the IADP training, as described in the accompanying SOP. The IADP will be provided by ICE instructors who will train participating HCDOC personnel in the enforcement of Federal immigration iaws and policies, the scope of the powers delegated pursuant to this MOA and civil rights and civil liberties practices. Participating HCDOC personnel must pass ICE examinations after instruction. Upon completion of training, those HCDOC personnel who pass the ICE examinations shall be deemed F?certi?ed? under this MOA. - On a yearly basis, ICE will certify in writing the names of those HCDOC personnel who successfully complete training and pass all required test(s). Upon receipt of the certi?cation, the ICE FOD in Newark, New Jersey will provide the participating HCDOC personnel a signed authorization letter allowing the named HCDOC personnel to perform speci?ed functions of an immigration of?cer for an initial period of one year from the date of the authorization. ICE will also provide a copy of the authorization letter to the HCDOC. Only those certi?ed HCDOC personnel who receive authorization letters issued by ICE and whose immigration enforcement efforts are subject to a designated ICE supervisor may conduct immigration of?cer functions described in this MOA. Along with the authorization letter, ICE will issue the certi?ed HCDOC personnel o?icial Delegation of Authority credentials. Upon receipt of the Delegation of Authority credentials, HCDOC personnel will provide ICE a signed receipt of the credentials on the ICE Record of Receipt Property Issued to Employee (Form G-5 70). Participating HCDOC personnel shall carry their ICE issued credentials while performing immigration of?cer functions under this MOA. Such credentials provided by ICE shall remain the property of ICE and shall be returned to ICE upon termination of this agreement, when a participating agency employee ceases his/her participation, or when deemed necessary by the ICE FOD in Newark, New Jersey. Authorization of participating HCDOC personnel to act pursuant to this MOA may be withdrawn at any time and for any reason by ICE or the HCDOC, and must be memorialized in a written notice of withdrawal identifying an effective date of withdrawal and the personnellto which the withdrawal pertains. Such withdrawal may be effectuated immediately upon notice to the other party. The HCDOC and the ICE FOD in Newark, New Jersey will be responsible for noti?cation of the appropriate personnel in their respective agencies. The tennination of this MOA shall constitute immediate revocation of all, immigration enforcement authorizations delegated hereunder. The HCDOC will notify ICE within 48 hours of when participating HCDOC personnel cease their participation in the 287(g) program, so that appropriate action can be taken in accordance with ICE policies, including inventorying and retrieval of credentials and termination of user account access to DHS and ICE systems. IX. COSTS AND EXPENDITURES Participating agencies are responsible for personnel expenses, including, but not limited to, salaries and bene?ts, local transportation, and of?cial issue material. The HCDOC is responsible for the salaries and bene?ts, including overtime, of all of its personnel being trained or performing duties under this MOA and of those personnel performing the regular functions of the participating HCDOC personnel while they are receiving training; The HCDOC will cover the costs of all HCDOC personnel?s travel, housing, and per diem af?liated with the training required for participation in this MOA. ICE is responsible for the salaries and bene?ts of all of its personnel, including instructors and supervisors. If ICE determines the training provides a direct service for the Government and it is in the best interest of the Govemment, the Government may isSue travel orders to selected personnel and reimburse travel, housing, and per diem expenses only. The HCDOC remains responsible for paying salaries and bene?ts of the selected personnel. ICE will provide instructors and training materials. Subject to the availability of funds, ICE will be responsible for the purchase, installation, and maintenance of technology (computer/IAFIS/Photo and similar hardware/software) necessary to support the investigative of participating HCDOC personnel at each HCDOC facility with an active 287(g) program. Only participating HCDOC personnel certi?ed by ICE may use this equipment. ICE will also provide the necessary technological support and software updates for use by participating HCDOC personnel to accomplish the delegated ?mctions. Such hardware, software, and other technology purchased or provided by ICE shall remain the property of ICE and shall be returned to ICE upon termination of this agreement, or when deemed necessary by the ICE FOD in Newark, New Jersey. The HCDOC is responsible for covering all expenses at the HCDOC facility regarding cabling and power upgrades. If the connectivity solution for the HCDOC is determined to include use of the own communication lines - (phone, DSL, site owned etc.), the HCDOC will be responsible for covering any installation and recurring costs associated with the HCDOC line. The HCDOC is responsible for providing all administrative supplies, such as paper, toner, pens, pencils, or other similar items necessary for normal of?ce operations. The HCDOC is also responsible for providing the necessary security equipment, such as handcuffs, leg restraints and ?exi cuffs, etc. Also, if ICE deems it necessary, the HCDOC will provide ICE, at no cost, with an of?ce Within each participating HCDOC facility for ICE supervisory employees to work. X. ICE SUPERVISION Immigration enforcement activities conducted by the participating HCDOC personnel will be supervised and directed by ICE supervisory officers or designated ICE team leaders. Participating HCDOC personnel are not authorized to perform immigration officer functions except when working under the supervision or guidance of ICE. To establish supervisory and other administrative reSponsibilities, the POD will specify the supervisory and other administrative responsibilities in an accompanying agreed-upon SOP. Participating HCDOC personnel shall give notice to the ICE supervisory of?cer within 24 hours of any detainer issued under the authorities set forth in this MOA. The actions of participating HCDOC personnel will be reviewed by ICE supervisory of?cers on an ongoing basis to ensure compliance with the requirements of the immigration laws and procedures and to assess the need for individual training or guidance. . - For purposes of this MOA, ICE of?cers will provide supervision of participating HCDOC personnel only as to immigration enforcement functions conducted in conjunction to this authority. The HCDOC retains supervision of all other aspects of the employment of and performance of duties by participating HCDOC personnel. In the absence of a written agreement to the contrary, the policies and procedures to be utilized by the participating HCDOC personnel in exercising these delegated authorities under this MOA shall be DHS and ICE policies and procedures, including the ICE Use of Force Policy. However, . when engaged in immigration enforcement activities, no participating HCDOC personnel will be expected or required to violate or otherwise fail to maintain the rules, standards, or policies, or be required to fail to abide by restrictions or limitations as may otherwise be imposed by law. If a con?ict arises between an order or direction of an ICE supervisory of?cer or -a DHS or ICE policy and the rules, standards, or policies, the con?ict shall be reported to the FOD in Newark, New Jersey, or designees, and the HCDOC, or designee, when circumstances safely allow the concern to be raised. The FOD in Newark, New Jersey and the HCDOC shall attempt to resolve the con?ict. XI. REPORTING REQUIREMENTS The HCDOC will provide statistical or aggregated arrest data to ICE, as requested by ICE. The - HCDOC will also provide speci?c tracking data and/or any information, documents, or evidence related to the circumstances of a particular arrest upon request. ICE may use this data to compare and verify own data, and to ful?ll statistical reporting requirements, or to assess the progress and success of the 287(g) program. XII. LIABILITY AND RESPONSIBILITY If any participating HCDOC personnel are the subject of a complaint of any sort that may result in that individual receiving professional discipline or becoming the subject of a' criminal investigation or civil lawsuit, the HCDOC shall, to the extent allowed by State law, immediately notify the local point of contact for the ICE O?ice of Professional Responsibility (OPR) and the FOD of the existence and nature of the complaint or potential complaint. The resolution of the complaint shall also be reported to ICE. Complaints regarding the exercise of immigration enforcement authority, as speci?ed herein, by participating HCDOC personnel shall be handled as described below. - . Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. 1357(g)(7) and (8), the HCDOC will be reSponsible and bear the costs of participating HCDOC personnel with regard to their property .or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating HCDOC personnel will be treated as Federal employees only for purposes of the 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 on behalf of ICE as authorized by this MOA. 8 U.S.C. 1357(g)(7); 28 U.S.C. 2671. It is the understanding of the parties to this MOA that participating HCDOC personnel will enjoy the same defenses and immunities from personal liability for their in?scope acts that are available to ICE of?cers based on actions conducted in compliance with this-MOA. 8 U.S.C. 1357(g)(8). . Participating HCDOC personnel named as defendants in litigation arising ?om activities carried out under this MOA may request representation by the US. Department of Justice. 28 CFR 50.15. Such requests must be made in writing and directed to the Attorney General of the United States. Requests for representation must be presented to the ICE Of?ce of the Chief Counsel at 970 Broad Street, Newark, New Jersey 07102. Any request for representation and related correspondence must be clearly marked Subject to Attorney-Client Privilege.? The Of?ce of the Chief Counsel will forward the individual?s request, together with a memorandum outlining the factual basis underlying the event(s) at issue in the lawsuit, to the ICE Headquarters Of?ce of the Principal Legal Advisor, which will forward the request, the factual memorandum, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 USC 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice. ICE will be liable for defending or indemnifying acts of intentional misconduct on the part of the participating HCDOC personnel only to the extent authorized by law. The HCDOC agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of an of?cer to cooperate in any Federal investigation related to this MOA may result in ?revocation of such individual?s authority provided under this MOA. The HCDOC agrees to c00perate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any HCDOC personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with Garrity v. New Jersey, 385 U.S. 493 (1967), and its progeny. AS the activities of participating HCDOC personnel under this MOA are undertaken under Federal authority, the participating HCDOC personnel will comply with Federal standards and guidelines relating to the Supreme Court?s decision in Giglio v. United States, 405 U.S. 150 (1972), and its progeny, which relates to the disclosure of potential impeachment information about possible witnesses or a?iants in a criminal case or investigation. The HCDOC and ICE are each responsible for compliance with the Privacy Act of 1974, as applicable, and related system of records notices with regard to data collection and use of information under this MOA. The applicable SyStems of Record Notice for privacy compliance is the ENFORCE Systems of Records Notice, 75 FR 23274, dated May- 3, 2010. COMPLAINT PROCEDURES The complaint reporting procedure for allegations of misconduct by participating HCDOC personnel, with regard to activities undertaken under the authority of this MOA, is included in Appendix B. . CIVIL RIGHTS STANDARDS Participating HCDOC personnel are bound by all Federal civil rights laws, regulations, guidance relating to non-discrimination, including the U.S. Department of Justice ?Guidance Regarding The Use Of Race By Federal Law Enforcement Agencies? dated- June 2003 and Title VI of the Civil Rights Act of 1964, as amended, 42. U.S.C. 2000 et seq., which prohibits discrimination based upon race, color, or national origin (including limited English pro?ciency) in any program or activity receiving Federal ?nancial assistance. . xv. INTERPRETATION SERVICES Participating HCDOC personnel will provide an opportunity for subjects with limited English language pro?ciency to request an interpreter. Quali?ed foreign language interpreters will be provided by the HCDOC as needed. The HCDOC will maintain a list of quali?ed interpreters or companies it contracts with to provide such interpreters. Participating law enforcement personnel will be instructed on the proper administrative procedures to follow to obtain the services of an interpreter. A quali?ed interpreter, which may include HCDOC personnel, means an interpreter who can interpret effectively, accurately, and impartially, using any specialized vocabulary. If an interpreter is used when a designated officer is performing functions under this MOA, the interpreter must be identi?ed, by name, in records. XVI. COMMUNICATION The ICE FOD in the Newark, New Jersey and the HCDOC shall meet at least annually, and as needed, to review and assess the immigration enforcement activities conducted by the participating HCDOC personnel, and to ensure compliance with the terms of this MOA. When necessary, ICE and the HCDOC may limit the participation of these meetings in? regards to non- law enforcement personnel. The attendees will meet in Kearny, New Jersey or at locations to be agreed upon by the parties, or via teleconference. The participants will be supplied with speci?c information on case reviews, individual participants? evaluations, complaints ?led, media coverage, and, to the extent practicable, statistical information on immigration enforcement activity in Hudson County, New Jersey. An initial review meeting will be held no later than nine months after certi?cation of .the initial class of participating HCDOC personnel under Section VII, above. - XVII. COMMUNITY OUTREACH The HCDOC must engage community outreach with individuals and organizations expressing an interest in this MOA. ICE may participate in such outreach upon the request. Nothing in this MOA shall limit own community outreach program. RELEASE OF INFORMATION TO THE MEDIA AND OTHER THIRD PARTIES The HCDOC may, at its discretion, communicate the substance of this agreement to organizations and groups expressing an interest in the law enforcement activities to be engaged in under this MOA. It is the practice of ICE to provide a copy of this MOA, only after it has been signed, to requesting media outlets; the HCDOC is authorized to do the same. The HCDOC hereby agrees to coordinate with ICE prior to releasing any information relating to, or exchanged under, this MOA, including any SOPs developed for the implementation of this MOA. Information obtained or developed as a result of this MOA is under the control-of ICE and shall be subject to public disclosure only pursuant to the provisions of applicable federal laws, regulations, and executive orders. Insofar as any documents created by the HCDOC contain information developed or obtained as a result of this MOA, such documents shall not be considered public records. Prior to the release of information to the media regarding the 287(g) program the HCDOC must coordinate with the ICE Of?ce of Public Affairs. The HCDOC hereby agrees to coordinate with the applicable ICE ?eld office concerning information to be released to other parties regarding actions taken under this MOA. The points of contact for ICE and the HCDOC for this purpose are identi?ed in Appendix C. Appendix to this MOA describes the complaint procedures available to members of the public regarding actions taken by participating HCDOC personnel pursuant to this agreement. XIX. MODIFICATIONS TO THIS MOA Modi?cations to this MOA must be proposed in writing and approved and signed by the present signatories to this MOA. Modi?cation to Appendix shall be done in accordance with the procedures outlined in the SOP. XX. POINTS OF CONTACT I ICE and HCDOC points of contact for purposes of this MOA are identi?ed in Appendix A. Points of contact (POC) can be updated at any time by providing a revised Appendix A to the other party to this MOA. XXI. DURATION AND TERMINATION OF THIS NIOA This MOA will remain in effect until June 30, 20.1 terminated earlier by either party. At the expiration of the three-year effective period, ICE and the HCDOC shall review the MOA and modify, extend, or permit the MOA to lapse. During the effective period, either party, upon written notice to the other party, may terminate or suspend the MOA at any time. A termination or suspension notice by ICE shall be delivered personally or by certi?ed or registered mail to the HCDOC and termination or suspension shall take effect immediately upon receipt of such notice. Notice of termination or suspension by the HCDOC shall be given to the FOD in Newark, New Jersey and termination or suspension shall take effect immediately upon receipt of such notice. Upon a subsequent demonstration of need, all costs to reinstate access to such authorities and/or program services will be incurred by the HCDOC. This MOA does not, is not intended to, shall not be construed to, and may not be relied upon to create any substantive or procedural, enforceable at law by any person in any matter, civil or criminal. - By signing this MOA, each party represents it is ?illy authorized to enter into this MOA, accepts I the terms, responsibilities, obligations, and limitations of this MOA, and agrees to be bound thereto to the fullest extent allowed by law. 28% WV Date: A??20'l3 Pa Date: (bxe), . 11 Warden Hudson County Department of Corrections Hudson County, New Jersey Thomas D. Homan Executive Associate Director Enforcement and Removal Operations US. Immigration and Customs Enforcement Department of Homeland Security 10 APPENDIX A POINTS OF CONTACT The ICE and HCDOC points of contact for pmposes of implementation of this MOA are: For HCDOC: Warden 30-35 Hackensack Avenue Kearney, NJ 07032 (20.1) 3950 For ICE ERO: John Tsoukaris Field O?ice Director 614 Frelinghuysen Avenue 3rd Floor Newark, NJ 07112 (973) 6450(6), (W I SDDO 614 Frelinghuysen Avenue 3rd Floor Newark, NJ 07112 (973) 64); ll APPENDIX COMPLAINT PROCEDURE This Memorande of Agreement (MOA) is between the US Department of Homeland Security?s US. Immigration and Customs Enforcement (ICE) and the Law Enforcement Agency, Hudson County Department of Corrections (HCDOC), pursuant to which selected HCDOC personnel are authorized to perform immigration enforcement duties in speci?c situations under Federal authority. As such, the training, supervision, and performance of participating HCDOC personnel pursuant to the MOA, as well as the protections for US. citizens? and aliens? civil and constitutional rights, are to be monitored. Part of that monitoring will be accomplished through these complaint reporting and resolution procedures, which the parties to the MOA have agreed to follow. . . The MOA sets forth the process for designation, training, certi?cation, and authorization of certain HCDOC personnel to perform certain immigration enforcement functions speci?ed herein. Complaints ?led against those personnel in the course of their non-immigration duties will remain the domain of the HCDOC and be handled in accordance with the Manual of Policy and Procedures, or. equivalent rules, regulations, or procedures. If any participating HCDOC personnel are the subject of a complaint or allegation involving the violation of the terms of this MOA or a complaint or allegation of any sort that may result in that individual receiving professional discipline or becoming the subject of a criminal investigation or civil lawsuit, the HCDOC shall, to the extent allowed by State law, notify ICE within 48 hours of the existence and nature of the complaint or allegation. The results of any internal investigation or inquiry connected to the complaint or allegation and the resolution of the complaint shall also be reported to ICE. The ICE noti?cations should be made to the Joint Intake Center (JIC) at Complaints regarding the exercise of immigration enforcement authority by participating HCDOC personnel shall be handled as described below. The HCDOC will also handle complaints ?led against HCDOC personnel who are not designated and certi?ed pursuant to this MOA but are acting in immigration functions in violation of this MOA. Further, any such complaints regarding non-designated HCDOC personnel shall be forwarded to the JIC. In order to simplify the process for the public, complaints against participating HCDOC personnel relating to their immigration enforcement can be made according to the procedures outlined below. 12 1. Complaint and Allegation geporting Procedures Complaint reporting procedures shall be disseminatedby the HCDOC within facilities under its jurisdiction (in English and other languages as appropriate) in order to ensure that all individuals are aware of the availability of such procedures. Such material must include up-to~date contact information necessary to ?le the complaint. Complaints will be accepted from any source ICE, HCDOC, participating HCDOC personnel, inmates, and the public). ICE will immediately forward a copy of the complaint to the DHS Of?ce for Civil Rights and Civil Liberties (CRCL). Complaints can be reported to Federal authorities as follows: Telephonically to the DHS O?ice of the Inspector General (DHS 01G) at the toll free number 1-800-4323-8603, or B. Telephonically to the ICE OPR at the Joint Intake Center (JIC) in Washington, DC, at the toll-free number 1-877-246-8253, email cb .dhs. ov, or C. Via mail as follows: Department of Homeland Security US. Immigration and Customs Enforcement Of?ce of Professional Responsibility PO. Box 14475 Avenue NW Washington DC. 20044 2. Review of Complaints All complaints or allegations (written or oral) reported to the HCDOC directly that involve HCDOC personnel with ICE delegated authority will be reported to ICE OPR. ICE OPR will verify participating personnel status under the MOA with the assistance of the ICE Headquarters. Complaints received by any ICE entity will be reported directly to ICE OPR as per existing ICE policies and procedures. ICE OPR, as will make an initial determination regarding ICE investigative jurisdiction and refer the complaint to the appropriate ICE of?ce for action as soon as possible, given the nature of the complaint. Complaints reported directly to ICE OPR will be shared with the Internal Investigations Unit when the complaint involves HCDOC personnel. Both of?ces will then coordinate appropriate investigative jurisdiction, which may include initiation of a joint investigation to resolve the issue(s). l3 3. Complaint and Allegations Resolution Procedures Upon receipt of any complaint or allegation, ICE OPR will undertake a complete review of each complaint in accordance with existing ICE allegation criteria and reporting requirements. As stated above, ICE OPR will adhere to the reporting requirements as stated above and as they relate to the DHS OIG and CRCL and/or the DOJ Civil Rights Division. Complaints will be resolved using the existing procedures, supplemented as follows: A. Referral of Complaints or Allegations to the Internal Investigations Unit. The ICE OPR will refer complaints, as appropriate, involving HCDOC personnel to the Internal Investigations Unit for resolution. The Correctional Supervisor/ Lieutenant will inform ICE OPR of the disposition and resolution of any complaints or allegations against participating officers. B. Interim Action Pending Complaint Resolution When participating HCDOC personnel are under investigation for any reason that could lead to disciplinary action, demotion, 'or dismissal, or are alleged to have violated the terms of this MOA, ICE may suspend or revoke an individual?s immigration enforcement authority and have that individual removed from participation in the activities covered . under the MOA. - C. Time Parameters for Resolution of Complaints or Allegations It is expected that any complaint received will be resolved within 90 days of receipt. However, this will depend upon the nature and complexity of the substance of the complaint itself. D. Noti?cation of Resolution of a Complaint or Allegation ICE OPR will coordinate with the Internal Investigations Unit to ensure noti?cation as appropriate to the JIC, the subject(s) of a complaint, and the person ?ling the complaint regarding the resolution of the complaint. These Complaint Reporting and Allegation Procedures are internal policy and may be . supplemented or modi?ed by ICE unilaterally. ICE will provide HCDOC with written copies of any such supplements or modi?cations. These Complaint Reporting and Allegation Procedures apply to ICE and do not restrict or apply to other investigative organizations within the federal government. 14 APPENDIX PUBLIC INFORMATION POINTS OF CONTACT Pursuant to Section of this MOA, the signatories agree to coordinate appropriate release of information to the media regarding actions taken under this MOA before any information is released. The points of contact for coordinating such activities are: For HCDOC: Warde 35 Hackensack Avenue Kearny, New Jersey 07032 (201) 395m For ICE: Public Affairs Office Of?ce of Public Affairs and Internal Communication U.S. Department of Homeland Security U.S. Immigration and Customs Enforcement Washington, DC 20536 (202) 732-4242 15 APPENDIX STANDARD OPERATING PROCEDURE (SOP) TEMPLATE The purpose of this appendix is to establish standard, uniform procedures for the implementation and oversight of the 287(g) delegation of authority program within the OD area of responsibility. This appendix can be modi?ed only in writing and by mutual acceptance of ICE and the HCDOC. . Pursuant to this MOA, HCDOC has been delegated authorities under the 3130 model as outlined below. Prioritization: ICE retains sole discretion in determining how it will manage its limited resources and meet its mission requirements. To ensure resources are managed effectively, ICE requires the HCDOC to also manage its resources dedicated to 287(g) authority under the MOA. To that end, the HCDOC shall follow civil immigration enforcement priorities. mug: The 287(g) training program, the Immigration Authority Delegation Program (IADP), will be. taught by ICE instructors and tailored to the immigration functions to be performed. ICE Of?ce of Training and Development (OTD) will proctor examinations during the IADP. The HCDOC nominee must pass each examination with a minimum score of 70 percent to receive certi?cation. If the HCDOC nominee fails to attain a 70 percent rating on an examination, the HCDOC nominee will have one opportunity to remediate the testing material and re-take a similar examination. During the entirety of the IADP, the HCDOC nominee will be offered a maximum of one remedial examination. Failure to achieve a 70 percent on any two examinations (inclusive of any remedial examination), will result in the disquali?cation of. the HCDOC nominee and their discharge ?om the IADP. . Training will include, among other topics: discussion of the terms and limitations of this (ii) the scope of immigration of?cer authority; relevant immigration law; (iv) the ICE Use of Force Policy; civil rights laws; (vi) the US. Department of Justice ?Guidance Regarding the Use Of Race By Federal Law Enforcement Agencies,? dated June 2003; (vii) public outreach and complaint procedures; liability issues; (ix) cross-cultural issues; and the obligation under Federal law and the Vienna Convention on Consular Relations to make proper noti?cation upon the arrest or detention of a foreign national. Participating HCDOC personnel will also be required to complete refresher training, Immigration Authority Delegation Refresher Program (IADRP), every two years, and any additional training required by ICE on relevant administrative, legal, and operational issues related to the performance of immigration of?cer functions. 16 An BRO designated of?cial shall, in consultation with OTD and local ICE of?cials, review on an annual basis and, if needed, refresh training requirements. Trained HCDOC personnel will receive, as needed, a DHS email account and access to the necessary DHS applications. The use of the information technology (IT) infrastructure and the IT security policies are de?ned in the Interconnection Security Agreement (ISA). The ISA is the agreement between ICE Chief Information Security Of?cer (C180) and HCDOC Designated Accreditation Authority (DAA). HCDOC agrees that each of its sites using ICE- provided network access or equipment will sign the ISA, which de?nes the IT policies and rules of behavior for each user granted access to the DHS network and applications. Failure to adhere to the terms of the ISA could result in the loss of all user privileges. Data Collection: ENFORCE is the primary processing system for alien removals and is the main resource for statistical information for the 287(g) program. All ENFORCE entries must be completed in accordance with established ICE polices and guidance. The HCDOC and ICE are each responsible for compliance with the Privacy Act of 1974, as applicable, and related system of records notices with regard to data collection and use of information under this MOA. The applicable Systems of Record Notice for privacy compliance is the ENFORCE Systems of Records Notice, 75 FR 23274, dated May 3, 2010. Nominated Personnel: Participating HCDOC personnel performing immigration-related duties pursuant to this MOA will be HCDOC of?cers assigned to detention operations supported by ICE. Those participating HCDOC personnel will exercise their immigration-related authorities only during the course of their normal duties while assigned to HCDOC jail/correctional facilities. Participating HCDOC personnel will identify and remove criminal aliens, and those others who fall into civil immigration enforcement priorities, that reside within the jurisdiction. The HCDOC personnel participating in Jail Enforcement model 287(g) MOAs are delegated the authorities listed below: 0 The power and authOrity to interrogate any person detained in the participating law enforcement agency?s detention center who the of?cer believes to be an alien about his or her right to be or remain in the United States (INA 287(a)(1) and 8 C.F.R. - and to process for immigration violations any removable alien or those aliens who have been arrested for violating a Federal, State, or local offense; I The power and authority to serve warrants of arrest for immigration violations pursuant to INA 287(a) and 8 C.F.R. 17 - The power and authority to administer oaths and to take and consider evidence (INA 287(b) and 8 C.F.R. to complete required criminal alien processing, including ?ngerprinting, photographing, and interviewing of aliens, as" well as the preparation of af?davits and the takingof sworn statements for ICE supervisory review; a 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)(5), 8 C.F.R 241.8; INA 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?icer for aliens in categories established by ICE supervisors; 0 The power and authority to issue immigration detainers (INA 236, INA 287, and 8 C.F.R. 287.7) and 1-213, Record of Deportable/Inadmissible Alien, for processing aliens in categories established by ICE supervisors; and - The power and authority to detain and transport (INA 287(g)(1) and 8 C.F.R. arrested aliens subject to removal to ICE-approved detention facilities. As noted under Appendix D?s ?Prioritization? section, ICE requiresthe HCDOC to focus its use of the 287(g) program in accord with civil immigration enforcement priorities. Supervision: A 287(g) delegation of authority jail enforcement model is designed to identify and remove . aliens. amenable to removal that are incarcerated within the detention facilities pursuant to civil immigration enforcement priorities. The following identi?es each entity?s roles and re3ponsibilities. These roles and responsibilities include, but are not limited to: The HCDOC shall provide noti?cation to the ICE supervisor of any detainers placed under 287(g) authority within 24 hours. . The HCDOC shall coordinate tranSportation of detainees processed under 287(g) authority in a timely manner, in accordance with the MOA and/or IGSA. . The HCDOC is responsible for ensuring proper record checks have been completed, obtaining the necessary court/conviction documents, and, upon arrest, ensuring that the alien is processed through and served with the appropriate charging documents. The HCDOC must report all encounters of an individual who claims U.S. citizenship to the OD through their chain of command within one hour of the claim. The FOD shall make the appropriate noti?cation to ERO headquarters. The ICE supervisor is responsible for requesting alien ?les, reviewing alien ?les for completeness, approval of all arrests, and TECS checks and input. The OD is responsible for providing the HCDOC with current and updated DHS policies regarding the arrest and processing of illegal aliens. 18 On a regular basis, the ICE supervisors are responsible for conducting an audit of the computer system entries and records made by the officers. Upon - review and auditing of the computer system entries and records, if errors are found, the ICE supervisor will communicate those errors in a timely manner to the responsible of?cial for HCDOC. The ICE supervisor will notify the HCDOC of any errors in the system and the HCDOC is responsible for submitting a plan to ensure that steps are taken to correct, modify, or prevent the recurrence of errors that are discovered. Consistent with applicable standard operating procedures, the creation of an A-?le cannot be completed until the A-?le is signed by the appropriate ICE supervisor. A??les can be maintained at an HCDOC facility as long as there are ICE personnel assigned to that facility and the personnel have a work area where documents can be adequately secured and stored by ICE personnel. Representatives from DHS must be permitted access to the facility where ICE records are maintained. The utilization and handling of the A-files must be consistent with DHS requirements and procedures. Nominated Personnel: All HCDOC jail enforcement of?cer candidates shall have speci?c experience that should consist of having supervised inmates. Candidates must show that they have been trained on and concerned with maintaining the security of the facility. Candidates must have enforced rules and regulations goveming the facility on inmate accountability and conduct Candidates must also show an ability to meet and deal with people of differing backgrounds and behavioral patterns. 19