From: Matt Dunagan Sent: Friday, April 28, 2017 5:17 PM To: lSheriffs Cc: lChief Deputies lSheriffs Assistants lLegislative Committee Subject: RE: ICE Detainers Sheriffs, Thank you for responding to yesterday?s email. Here is our updated list. SA Will continue to keep you updated as this proposal moves forward. Have a good weekend. Sheriffs Supporting Cooperative Agreements (April 28. 2017) Alachua Baker Bay Brevard Calhoun Charlotte Clay Collier Columbia 1 0. DeSoto 1 1. Dixie 12. Duval 13. lagler 14. Gilchrist 1 5 . Glades 1 6. Gulf? 7. Hardee 1 8. Hendry 1 9. Hernando 20. Highlands 2 . Holmes 22. Indian River 23 . ackson* 24. Lake 25. Lee 26. Leon 27. Levy 28. Liberty 29. Madison 3 0. Manatee pm?gwewNH 31. Marion 32. Martin 33. Monroe 34. Nassau 35. Okeechobee 36. Orange* 37. Pasco 38. Pinellas 39. Polk 40. Putnam 41. Santa Rosa 42. Sarasota 43. Seminole 44. St. Johns 45. St. Lucie 46. Sumter 47. Suwannee 48. Taylor 49. Union 50. Wakulla 51. Walton 52. Washington County Operated Jails* Citrus (private, Core Civic) Escambia Gulf Jackson Miami-Dade Okaloosa Orange Osceo1a Volusia pmseweww~ Matt Dunagan, Deputy Executive Director of Operations (850) 877-2165 x. 212 (office) (850) 274-3599 (cell) FLORIDA SHERIFFS ASSOCIATION I From: Matt Dunagan Sent: Thursday, April 27, 2017 9:49 AM To: Sheriffs Cc: Chief Deputies !Sheriffs Assistants lLegislative Committee Subject: RE: ICE Detainers Sheriffs, Thank you for participating in yesterday?s conference call. Listed below are the current sheriffs who agreed to the ICE detainer proposal that was discussed on the call and is detailed in this email. Please call or email me by noon tomorrow (Fridav April 28) if voa would like to be added to this list or if I made a mistake and incorrectlv added vou to this list. I included an asterisk if the sheriff agreed to the proposal, but they do not operate the jail. Thank you. List as of 4/27 9AM Baker Bay Calhoun Charlotte Collier Columbia DeSoto Dixie lagler Gilchrist Glades Gulf? Hardee Hernando Indian River Jackson* Lake Leon Manatee Marion Monroe Nassau Okeechobee asco Pinellas Polk arasota eminole St. Johns St. Lucie Sumter Wakulla Walton Washington Matt Dunagan, Deputy Executive Director of Operations (850) 877-2165 x. 212 (office) (850) 274-3599 (cell) FLORIDA SHERIFFS ASSOCIATION I From: Matt Dunagan Sent: Tuesday, April 25, 2017 2:59 PM To: !Sheriffs Cc: !Chief Deputies Sheriffs Assistants !Legislative Committee Subject: RE: ICE Detainers Sheriffs, A quick reminder, FSA will be hosting a conference on ICE detainers tomorrow at 5:00 p.m. (est). SA will take a quick roll call at the beginning of the meeting. Please take a few minutes to review the information that was outlined in this email before tomorrow?s call. Thank you. Conference Call: Wednesday April 26th (est) (cst) Call-in number: 1-800-920-7487 Participant code: 335-14-151# Matt Dunagan, Deputy Executive Director of Operations (850) 877-2165 x. 212 (office) (850) 274-3599 (cell) FLORIDA SHERIFFS ASSOCIATION I From: Matt Dunagan Sent: Friday, April 21, 2017 12:39 PM To: lSheriffs Cc: lChief Deputies !Sheriffs Assistants lLegislative Committee Subject: ICE Detainers Sheriffs, Please review the following email from Legislative Chair, Sheriff Bob Gualtieri. I will send out another email with a calendar invite for next Wednesday?s conference call for all sheriffs. Conference Call: Wednesday April 26th (est) (cst) Call-in number: 1-800-920-7487 Participant code: 335-14-151# SA will hold a conference call with all sheriffs next Wednesday April 26, 2017 at 5:00 p.m. to discuss the following. It is imperative that all sheriffs who operate jails personally participate in the call. We ask that you review the following before the call so that we may have a brief and informed discussion and answer any questions. As we are all aware there is an ongoing issue with ICE detainers and there is a standoff between and sheriffs who operate jails over the legality of these detainers. ICE continues to state that the detainers are lawful and should be honored by sheriffs, but most sheriffs are not honoring the detainers because at least 9 federal courts across the country have held sheriffs have no law?Jl basis to honor the detainers and face civil liability if they do so. Although temporarily suspended, DHS had been issuing weekly reports ?exposing? sheriffs and jail operators that allegedly fail to honor these detainers, despite our inability to lawfully do so. President Demings and other sheriffs recently held a press conference to address this issue. Many, if not most sheriffs want to cooperate with ICE. The problems associated with ICE detainers require a solution where each sheriff can legally, and without incurring liability, assist ICE by detaining illegal aliens at their jail beyond resolution of the inmate?s state charges. At the end of this email I have summarized the issues that have resulted in liability; however, the purpose of this email is not to discuss those problems, but to provide a solution where we can work cooperatively with ICE regarding illegal aliens in our jails withOut exposing ourselves to liability. 10 The solution is to enter into a cooperative agreement that allows ICE to temporarily detain individuals in our jails. The current situation is that ICE asks the sheriff to hold the person under the sheriff? authority, for which none exists, upon conclusion of the inmate?s state charges; Instead, under the cooperative agreement solution, once the state detention ends THEY (ICE) hold the inmates under their authority in our jails. This simply requires an agreement between the sheriff and the Attorney General and ICE then tendering a booking form (1-203) to the jail. Attorney General enters cooperative agreements with local jails: Federal law allows the Attorney General to enter into a cooperative agreement with any local jail to establish acceptable conditions of con?nement and detention services. 8 U.S.C.A. 1103(11) (A). This agreement does not automatically come with compensation but remember we were not being compensated when we previously honored the detainers, and the requested period of detention is only up to 48 hours. Under this plan each agency could enter into its own cooperative agreement with the Attorney General that would allow the inmate, at the conclusion of his/her state incarceration, to transfer directly to ICE custody in each local facility?the inmate is legally in ICE custody upon termination of state custody and receipt of the 1-203 and you are merely holding the inmate for ICE. Another solution to the current situation is having 287(g) deputies in every jail. ICE has proposed this as 287(g) designates state of?cers to perform immigration enforcement functions which means the cross-designated state of?cer can execute the immigration warrants. To become cross-certi?ed under this program, each state of?cer is required to attend an initial 4- week training program and a 1-week refresher every 2 years. Granted, this program does address the legal issues; however, since it requires training and cross-certi?cation by individual of?cers, it is not an ef?cient Moreover, there are likely some sheriffs who do not want any of their deputies, including detention deputies, to be 287(g) certi?ed for a whole host of reasons. Instead of using an individual deputy under the (287( g) program, a cooperative agreement applies to the facility and eliminates the need for that training and other issues in their entirety. In summary, the 287(g) attaches to the person; whereas a cooperative agreement attaches to the facility. Once the cooperative agreement is entered, ICE can hold those illegal aliens in your facility for up to the 48 hours under their authority simply by ?ling an 1-203 ?booking fOrm.? The signi?cance of an 1-203 is that once the state incarceration has ended, the inmate is then held under ICE authority?not your authority. If the inmate ?les a habeas petition (court process for release), that petition must be brought against as neither the sheriff, the facility, nor any individual of?cer would be a proper party and the state court would not have jurisdiction. Further, any allegation that the inmate was improperly held would be against ICE as the sheriff is merely ?holding? the inmate who is in ICE custody in their jail under the 1-203 booking form. 11 As Ibegan, this email is to propose an effective and ef?cient solution allowing all jails to assist ICE by housing those aliens they would like detained. This proposed solution resolves all of the issues set out below: BRIEF SUMMARY OF ISSUES WITH DETAINERS: The succinct issue surrounding ICE detainers (1-247) is that there is no authority for local law enforcement to detain based on any version of 1-247 (detainer form). The reasons that there is no authority are more complicated, but at the core is that all 1-247 forms are based on a civil deportation action. Remember, ALL OF THIS IS CIVIL, not criminal. ICE is not asking you to hold someone on criminal immigration charges, they are all civil charges. Since local law enforcement does not have any authority to arrest, serve or execute any civil deportation matters, local law enforcement simply cannot detain these individuals. 1. REQUEST vs. MANDATORY. All 1-247 Immigration Detainers are requests. The I- 247 form itself indicates that the form is not a mandatory hold. The form states that it is ?notice of intent to assume custody. . . Further the form states, ?it is therefore requested that ICE is not directing local law enforcement to hold, ICE is not transferring its authority to hold; instead ICE is merely asking local law enforcement to hold without providing any legal authority, including its own authority- 2. PROBABLE CAUSE. The I-247A states that has determined that probable cause However, the list that follows are CIVIL and not criminal Violations of the immigration laws. Moreover, although the phrase ?probable cause? is more commonly used in criminal law, that term was adopted under the civil deportation scheme. Since ?probable cause that a CRIME has been committed? is required for you to detain an individual, you don't have this authority under any circumstances. determination of probable cause for its civil Violation cannot provide the authority for local law enforcement to detain, ICE cannot give you its authority as there is no statutory provision (state or federal) allowing that. 3. ATTACHING WARRANT. According to the new I-247A, ICE will attach an 1-200 (Warrant for Arrest of Alien) or 1-205 (warrant of removal/deportation) to the detainer. Similar to problems with determination of probable cause, attaching a civil warrant does not solve the problem. Legally, these warrants can only be executed by certain Immigration of?cials. Local law enforcement is not authorized to serve these warrants. ICE claims this warrant solves the problem because you can hold on the warrant once you receive it and you serve it, you cannot serve it as there is no authority to do so. 12 This is an important and pressing issue that needs swift resolution. For some reason ICE continues to debate whether sheriffs have the authority to hold illegal aliens on their detainers despite 9 federal court ruling that we do not. I believe we should stop debating who is legally correct and focus on a solution that we know will work. The cooperative agreement and receiving the 1-203 is a viable and realistic solution that can be accomplished quickly. Moreover, operationally it does not change much from what we have done in the past when we honored the detainers or deviate from what ICE is asking that we do now?hold the inmates for up to 48 hours beyond their release time on the state charges?the cooperative agreement and 1-203 process just allow us to do it lawfully. Florida sheriffs have the opportunity to lead in the solution to this problem. If all sheriffs who operate jails will agree to enter into the cooperative agreement we can present this to the Attorney General and DHS Secretary. By providing this solution with consensus to enter into the agreements we will demonstrate our focus on lawfully cooperating and ending this current ?standoff? Sheriff Bob Gualtieri Pinellas County Sheriffs Of?ce 10750 Ulmerton Road PO. Drawer 2500 Largo, Florida 33779 Telephone: 727-582-6206 e?mail: rgualtieri@pcsonet.com Matt Dunagan, Deputy Executive Director of Operations (850) 877-2165 x. 212 (office) (850) 274-3599 (cell) FLORIDA SHERIFFS ASSOCIATION I 13