shall be
DHS
and ICE
policies
and procedures. ICE is responsible for providing the Osceola
County Corrections Department with the
applicable DHS and ICE policies. However, when
engaged in immigration enforcement
activities, no participating OCCD
personnel will be
expected or
required to violate or otherwise fail to
maintain the
OCCD's
rules, standards,
or
policies, or be required to fail
to abide
by
restrictions
or limitations as may otherwise be imposed
by law.
If a conflict
arises
between an
order
or
direction of an ICE officer or a
DHS or
ICE
policy and
the OCCD's rules, standards, or policies,
the
conflict shall be promptly reported to
the
points of
contact in Section VII.
who
shall attempt to resolve the conflict.
G. INTERPRETATION SERVICES
Participating
OCCD
personnel
will provide an
opportunity for aliens
with
limited English
language
proficiency to
request an
interpreter. Qualified
foreign
language
interpreters will
be
provided by
the Osceola County Corrections
Department, as needed.
The
Osceola
County Corrections Department will
maintain a list of qualified interpreters or
companies it contracts with to
provide such
interpreters. A qualified interpreter, which
may
include
OCCD 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
identified,
by name, in records
by annotating on the Warrant for Arrest
of
Alien
or the Warrant of Removal/Deportation.
H. LIABILITY AND RESPONSIBILITY
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 Pinellas
County
Sheriffs
Office will be
responsible
and bear
the
costs of
participating OCCD personnel with regard
to their
property or
personal
expenses
incurred by
reason of death, injury, or incidents giving rise to
liability.
Participating OCCD personnel
will be treated as
Federal employees only for purposes of the
Federal Tort
Claims
Act, 28
U.S.C.
§ 1346(b)(l),
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.
See
8 U.S.C.
§
1357(g)(7);
28 U.S.C. § 2671. In addition, it is the
understanding of
the parties to this MOA that participating OCCD personnel will enjoy the same defenses and
immunities from personal
liability for their in-scope acts that are available to ICE officers
based
on actions conducted in compliance with this MOA.
See
8 U.S.C. § 1357(g)(8).
Participating OCCD personnel named
as
personal-capacity defendants in litigation arising from
activities
carried out under
this
MOA may request
representation by the
U.S.
Department
of
Justice.
See
28 C.F.R. § 50.15. Absent exceptional circumstances,
such requests
must be made in
writing. OCCD personnel who wish
to submit a request
for representation shall notify the local
ICE Office of
the Chief
Counsel
at U.S. Department of Homeland Security, Orlando
Office of
Chief Counsel,
3535
Lawton
Rd., Ste. 100,
Orlando,
FL
32803 (Phone: 407-812-3600). The
Office
of
the Chief Counsel in turn will notify the ICE Headquarters Office of the
Principal
Legal Advisor
(OPLA), which will assist
OCCD personnel
with
the
request
for representation,
including the appropriate
forms and
instructions. Unless OPLA
concludes
that
representation
clearly
is
unwarranted, it will forward the request
for representation,
any supporting
documentation, and an advisory
statement
opining whether:
1)
the requesting individual was
acting within the scope of his/her
authority under
8 U.S.C. § 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 (DOJ}. Representation
is
granted
at the discretion ofDOJ;
it
is not an entitlement.
See
28 C.F.R. § 50.15.
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