MEMORANDUM OF AGREEMENT
I.
PARTIES
This Memorandum of Agreement (MOA) constitutes
an agreement
between U.S. Immigration
and Customs Enforcement (ICE), a component
of
the Department of Homeland Security (DHS),
and
the Osceola
County Corrections Department (OCCD), pursuant
to
which ICE delegates to
nominated, trained, certified, and authorized OCCD personnel the authority to perform certain
immigration enforcement functions as specified herein.
The OCCD
and ICE enter into this MOA
in good faith and agree to abide by the terms and conditions contained herein.
II.
PURPOSE
The purpose
of this
collaboration is to promote public safety by facilitating the
custodial
transfer
of specific
aliens
in
OCCD's
jail/correctional facilities to ICE for removal purposes at the time
of the
alien's
scheduled
release from criminal custody. This MOA sets forth the
terms
and
conditions pursuant to which selected OCCD personnel
(participating OCCD personnel)
will be
nominated, trained, and approved
by ICE
to
perform certain limited functions
of an immigration
officer within the
OCCD's
jail/correctional
facilities. Nothing
contained herein shall otherwise
limit the
jurisdiction and powers normally possessed
by
participating
OCCD
personnel as
members of
the
Osceola
County Corrections
Department. However, the exercise of the
immigration enforcement authority delegated under
this
MOA to participating
OCCD
personnel
shall occur only
as
provided in this MOA.
III. AUTHORITY
Section 287(g)
of
the Immigration and Nationality Act (INA), 8 U.S.C.
§
1357(g) (1996), as
amended by the Homeland Security Act
of
2002, Pub. L. No. 107-296, authorizes the Secretary
of DHS to
enter into written agreements with
a
State or any
political
subdivision
of a State so
that
qualified personnel can perform certain
functions
of an
immigration
officer. Such authority
has
been
delegated
by the Secretary
to
ICE,
and this
MOA
constitutes such
a
written
agreement.
IV. RESPONSIBILITIES
The Osceola County Corrections
Department is expected to pursue to completion all criminal
charges that caused the alien to be taken into custody and over which it has jurisdiction. ICE
will
assume
custody of an alien only after said individual has been released from OCCD custody.
A. DESIGNATION OF AUTHORIZED FUNCTIONS
Approved
participating OCCD personnel will be authorized to
perform only those immigration
officer functions set forth in the Standard Operating Procedures
(SOP) in Appendix A.
B. NOMINATION OF PERSONNEL
The Osceola County Corrections Department will
use due
diligence to screen and nominate
candidates
for ICE
training and approval under this
MOA. All
candidates
must be United
States
citizens,
have knowledge of and have enforced laws
and regulations pertinent to their law
enforcement activities and their
jurisdictions, and have been trained on
maintaining the security
of
OCCD's
facilities,
and have
enforced rules and regulations governing inmate accountability
and conduct.
1
ICE reserves the right to
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 fingerprints, 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 Osceola County
Corrections
Department will provide
cqntinuous access to disciplinary records of
all candidates
along with a written authorization by the candidate
allowing
ICE to
have access to his
or her
disciplinary records.
Any expansion in the number
of participating OCCD personnel or scheduling of additional
training
classes
is
subject to all the requirements of
this MOA and the accompanying SOP.
C. TRAINING OF PERSONNEL
Before participating Osceola
County Corrections Department personnel receive authorization to
perform
immigration
officer functions under this MOA, they must successfully
complete initial
training
provided
by
ICE on
relevant
administrative,
legal, and
operational
issues tailored to the
immigration enforcement functions
to be performed.
Each OCCD nominee must pass a final examination
with a
minimum score of 70 percent to
receive certification.
If
a OCCD
nominee
fails
to
attain a 70-percent rating on the examination,
he or she will have one
opportunity to review
the testing
material
and re-take
a
similar
examination.
Failure
to
achieve
a 70-percent rating
upon
retaking the final
examination will
result in
the disqualification
of the OCCD
nominee
and discharge of
the
nominee from training.
ICE will review the training requirements annually, reserves
the
right to amend
them,
and may
require
additional training as
needed.
D.
CERTIFICATION AND AUTHORIZATION
Upon successful completion of initial training, OCCD personnel
shall be deemed
"certified"
under this MOA.
ICE will certify in writing the names of those OCCD personnel
who
successfully complete
training
and pass all required test(s). Upon receipt of the
certification, the
ICE Field Office
Director (FOO) in The Miami
Field Office will provide the participating OCCD personnel a
signed authorization
letter
allowing the named OCCD personnel to perform specified functions
of an immigration
officer.
ICE
will also provide a
copy of the
authorization
letter to
the
Osceola
County Corrections Department. ICE will also
execute
ICE Form 70-006, Designated
Immigration Officer.
Only those certified OCCD personnel who
receive authorization letters and
ICE
Form 70-006
issued
by ICE and whose immigration enforcement efforts are overseen
by
ICE may conduct
immigration
officer functions described in this MOA.
Along with
the
authorization letter
and ICE Form 70-006, ICE will issue
the certified
OCCD
personnel official immigration officer
credentials. Participating OCCD personnel
shall carry
their ICE-issued
credentials
while performing immigration
officer 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 OCCD employee ceases his/her
participation, or when
deemed
necessary by the FOO in
The
Miami Field Office.
2
Authorization of
participating OCCD personnel
to
act pursuant to
this MOA
may be
withdrawn
at
any time and for any reason
by ICE and must
be
memorialized
in a written notice of
withdrawal identifying
an
effective date of withdrawal
and
the
personnel to whom the
withdrawal pertains. Such withdrawal
may be effectuated immediately upon notice to Osceola
County Corrections Department.
The OCCD and
the FOD
in
The Miami Field Office will be
responsible
for notification
of the appropriate
personnel in
their
respective agencies. The
termination
of
this
MOA shall constitute immediate
revocation of
all
immigration enforcement
authorizations delegated hereunder.
The
Osceola County Corrections Department will
make
every attempt, where practicable, to
provide
ICE
with
a
90 day
notice
if participating OCCD personnel cease their participation in the
program,
so
that appropriate
action can
be
taken
in accordance
with
ICE policies, including
inventorying and
retrieval of credentials, and training
replacement
personnel
as needed.
E. COSTS AND EXPENDITURES
The Osceola County Corrections Department is
responsible for personnel expenses, including,
but not
limited to,
salaries and benefits, local transportation,
and
official
issue material. ICE will
provide instructors and training
materials. The
Osceola
County
Corrections Department is
responsible for
the salaries and benefits, including
any 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 OCCD
personnel while they
are
receiving
training. The
Osceola
County Corrections Department will cover the costs of all
OCCD
personnel's travel, housing,
and per diem affiliated with
the
training required
for
participation in this MOA. ICE is
responsible
for the salaries and benefits 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
Government,
the Government
may
issue travel
orders to selected
personnel and
reimburse travel, housing, and
per
diem expenses only. The Osceola County Corrections
Department remains
responsible for paying salaries
and benefits of
the
selected personnel.
The
Osceola County Corrections
Department
is
responsible for providing
all administrative
supplies ( e.g. printer toner) necessary for normal
office
operations.
The OCCD is also
responsible for providing the
necessary security equipment, such as
handcuffs, leg
restraints, etc.
F. ICE
SUPERVISION
Immigration enforcement activities conducted by
participating
OCCD personnel
will
be
supervised and directed
by
ICE. Participating
OCCD personnel
are not authorized to perform
immigration officer
functions except
when working
under the
supervision or
direction
of ICE.
Additional
supervisory and
administrative
responsibilities
are specified in Appendix A.
The actions of participating
OCCD personnel
will
be
reviewed by ICE officers 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 officers will
provide
supervision of
participating OCCD
personnel only
to
immigration enforcement functions as authorized in this MOA. The Osceola
County Corrections Department retains supervision of all other aspects of the employment of and
performance of
duties by
participating OCCD personnel.
In the absence
of
a
written agreement
to
the contrary, the policies
and
procedures
to be utilized
by
the participating OCCD
personnel in exercising
these
delegated
authorities under
this
MOA
3
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.
4
The
Osceola County
Corrections Department 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 any
participating OCCD employee to cooperate
in any Federal investigation related
to
this
MOA
may result in
revocation of
such individual's
authority provided under
this
MOA. The Osceola
County Corrections
Department
agrees
to
cooperate 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 OCCD
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 OCCD personnel under this MOA
are
undertaken under Federal
authority, the participating OCCD 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
govern the disclosure of potential
impeachment information
about
possible
witnesses or affiants
in
a
criminal
case or investigation.
The Osceola County Corrections Department
and
ICE
are each responsible for
compliance
with
the Privacy Act of 1974,
5
U.S.C. §552a, DHS
Privacy Act
regulations, 6 C.F.R. §§ 5.20-5.36, as
applicable, and related system of records notices with
regard to data collection and
use of
information under this
MOA.
I. CIVIL RIGHTS STANDARDS
Participating
OCCD personnel are bound by all Federal
civil
rights laws, regulations, and
guidance relating to
non-discrimination, including the
U.S. Department
of Justice
"Guidance for
Federal Law Enforcement
Agencies Regarding
the
Use of Race, Ethnicity, Gender, National
Origin, Religion, Sexual Orientation, or Gender Identity,"
dated
December
2014,
Executive
Order 13,166, "Improving Access to Services for Persons with Limited English Proficiency,"
(Aug.
2000), 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 proficiency)
in any
program or activity receiving Federal financial assistance, Section
504 of
the Rehabilitation Act of 1973, which prohibits
discrimination based on disability and
requires the Osceola County
Corrections
Department to
provide
effective communication to
individuals
with disabilities, and Title II of the Americans with Disabilities Act of 1990, which
also
prohibits
discrimination based
on disability
and requires the Osceola County Corrections
Department to provide effective communication to individuals with disabilities.
V.
REPORTING AND DOCUMENTATION
A. COMPLAINT PROCEDURES
The
complaint reporting procedure
for allegations of misconduct by
participating OCCD
personnel,
including activities undertaken under the
authority
of this MOA,
is
included in
Appendix B.
B. COMMUNICATION
The FOD in The Miami Field
Office and the Osceola County Corrections Department
shall
make
every effort to
meet
at least annually
to
ensure compliance with the terms of this MOA.
When
necessary, ICE
and the Osceola County
Corrections Department
may
limit
the
participation
of
5
these meetings in regard to non-law enforcement personnel. The attendees will meet in The
Miami Field Office
at
locations
to be
agreed
upon by the parties,
or via
teleconference.
To
the
extent practicable, an
initial review meeting between
ICE
and the
Osceola County Corrections
Department should be held
approximately
nine
to 12 months after certification of
the initial class
of participating OCCD personnel.
C. COMMUNITY OUTREACH
The Osceola County Corrections Department will, if
necessary,
engage in
Steering Committee
meetings to assess the immigration enforcement
activities conducted
by
the
participating OCCD
personnel, and
to ensure compliance with the terms
of this MOA.
D. RELEASE OF INFORMATION TO THIRD PARTIES
The
Osceola County Corrections Department 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 Osceola County
Corrections
Department is authorized to do the same.
The Osceola County Corrections Department
hereby agrees to coordinate
with
ICE prior
to
releasing any
information relating to, or exchanged under,
this MOA. For releases
of information
to the
media,
the
OCCD must
coordinate
in advance of release with the ICE
Office
of Public
Affairs,
which
will consult the ICE Privacy
Office for
approval prior to
any
release.
The
points
of contact for ICE and the OCCD for this purpose are identified in Appendix C.
For releases of
information
to
all
other
parties,
the Osceola County Corrections Department must
coordinate
in
advance of release with the applicable FOD in The Miami Field Office.
Information obtained or developed
as a result of this MOA, including any documents
created
by
the
Osceola
County
Corrections Department that
contain information developed or obtained as a
result of this MOA, is under the control of
ICE
and
shall
not
be
disclosed unless: 1) permitted
by
applicable laws,
regulations, or executive orders;
and
2)
the Osceola County
Corrections
Department has coordinated in
advance
of
release with (a) the ICE Office of
Public
Affairs,
which
will
consult the ICE Privacy
Office
for approval, prior
to
any
release to
the media,
or (b)
an ICE officer prior to releases
to
all
other parties. OCCD's questions regarding
the applicability
of
this section to
requests for the release
of
information shall be
directed
to an
ICE officer.
Nothing herein limits
OCCD's compliance with
state public
records laws regarding those records
that are solely
state records
and
not
ICE records.
VI.
MODIFICATIONS
TO TIDS
MOA
Modifications to this MOA
must be proposed in
writing and
approved
and signed by
both
parties.
Modification
to Appendix A shall be done in accordance with the procedures outlined in
the SOP.
VII.
POINTS
OF
CONTACT
ICE
and the
OCCD points of
contact (POCs) for purposes of this MOA
are:
ForOCCD:
Major Yuberky Almonte, Osceola County Corrections Department
ForDHS:
The Miami Field Office Director
6
VIII. EFFECTIVE
DATE
AND
TERMINATION
OF
THIS
MOA
This
MOA
becomes
effective
upon
signature
ofboth
parties
and
will
remain
in
effect
until
either
party,
upon
90-day
written
notice
to
the
other
party,
provides
notice
of
termination
or
suspension
of
the
MOA.
A termination
or
suspension
notice
by
ICE
shall
be
delivered
personally
or
by
certified or
registered
mail
to
the
POC
of
Osceola
County
Corrections
Department
and
termination
or
suspension
shall
take
effect
90-days
after
receipt
of
such
notice,
unless
exigent
circumstances
involving
public
safety
dictate
otherwise.
Notice
of
termination or
suspension
by
the
Osceola
County
Corrections
Department
shall
be
given
to
the
FOO
in
The
Miami
Field
Office
and
termination
or
suspension
shall
take
effect
90-days
after
receipt
of
such
notice,
unless
exigent
circumstances
involving
public
safety
dictate
otherwise.
This
MOA
does
not,
is
not
intended
to,
shall
not
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
p?!'tf
represents
it
is
fully
authorized
to
enter
into
this
MOA,
accepts
the
terms,
responsibilities,
obligations,
and
limitations
of
this
MO
A,
and
agrees
to
be
bound
thereto
to
the
fullest
extent
allowed
by
law.
OCT
1 5
2019
Date:
_________
_
Date:
_n..,._.J.~IS'___,.'-r
/7_,____
• 7 /I
Timothy
S.
Robbins
Acting
Executive
Associate
Director
Enforcement
and
Removal
Operations
U.S.
Immigration
and
Customs
Enforcement
Department of
Homeland
Security
t
ceola
County
Corrections
Dept
7
APPENDIXA
STANDARD OPERATING PROCEDURES (SOP)
The purpose of this appendix
is to establish standard, uniform
procedures for
the
implementation
and
oversight of
the
program
within the FOO
area of
responsibility. This appendix
can
be
modified only in writing and by
mutual
acceptance of ICE and the
Osceola County Corrections
Department.
Pursuant to this
MOA,
the OCCD
has been delegated authorities as
outlined
below. This MOA is
designed to facilitate the
custodial
transfer
of
designated aliens
in
OCCD' s jail/correctional
facilities to ICE
within
48 hours
of alien's release from criminal custody.
Authorized Functions:
Participating OCCD
personnel
are only delegated the two authorities listed
below:
•
The power
and
authority
to serve and execute warrants of arrest
for immigration
violations, 8 U.S.C. §
1357(a) and 8 C.F.R. § 287.5(e)(3}, on
designated aliens in
OCCD's
jail/correctional
facilities
at
the
time of the alien's
scheduled
release from
criminal custody
in order
to transfer custody of the alien to ICE; and
•
The power and authority to serve warrants of removal, 8 U.S.C. § 1357(a) and 8 C.F.R.
§§ 241.2(b)(2), 287.5(e)(3), on designated aliens in OCCD's jail/correctional facilities at
the time of the
alien's
scheduled release from
criminal
custody
that
executes
the
custodial
transfer of the alien to ICE for removal purposes.
Upon transfer of the alien's custody to ICE, the alien will continue to be held in the OCCD's
jail/correctional facilities for no
more than
48
hours unless there exists an agreement pursuant to
which the
Osceola
County
Corrections Department will continue to detain, for a
reimbursable
fee,
aliens
for immigration purposes. In the
absence of
an
agreement, if
the
alien is not
transferred to an ICE field office or
an immigration detention facility within 48
hours, the
alien
shall be released
from the OCCD's jail/correctional facility.
Additional Supervisory
and
Administrative Responsibilities:
The above immigration
enforcement
functions conducted by the participating OCCD personnel
will be supervised and directed by ICE. Participating OCCD personnel are not authorized to
perform
immigration
officer
functions except when working under
the supervision
or
direction
of
ICE. Additional
supervisory and administrative
responsibilities for each
entity
include, but are
not limited to:
•
The Osceola
County Corrections Department shall
provide notification to
the ICE
officer
immediately after participating
OCCD personnel serve
any
warrant
of arrest
or
warrant of
removal that
executes
the
custodial
transfer of the
alien
to
ICE for
removal purposes, in a
manner mutually agreed upon by the OCCD
and
the FOD in The Miami Field Office.
•
The Osceola County Corrections Department
must report all
encounters
with
asserted or
suspected claims
of U.S.
citizenship
to
the
FOD in The
Miami Field Office through their
chain of command immediately, but,
absent unforeseen exigent
circumstances, in no case
more than one hour of the claim, in a manner
mutually agreed
upon by the Osceola
County Corrections Department and the FOO.
8
APPENDIXB
COMPLAINT PROCEDURE
The
training, supervision,
and performance of participating OCCD
personnel pursuant to
the
MOA, as well as the protections for U.S.
citizens' and
aliens'
civil and
constitutional rights, are
to
be monitored. Part of that monitoring
will be
accomplished
through the complaint reporting
and
resolution procedures, which the parties to
the
MOA have agreed
to
follow.
Complaints filed against those personnel
in the
course of their non-immigration duties
will
remain
the domain of the OCCD and be handled in accordance
with
the OCCD's
applicable
rules, policies, and procedures.
If any participating OCCD 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 Osceola County Corrections Department shall, to the extent allowed by State
law,
make
timely
notification to an ICE officer within 48 hours, excluding weekends, of the
existence and nature of
the
complaint or allegation. The results of any internal investigation or
inqui
ry
connected to the complaint or
allegation and
the
resolution of the
complaint shall also be
reported to an
ICE officer, as established by ICE. It is the responsibility of
the ICE officer to
ensure
notification is made to the ICE Office of Professional Responsibility (OPR) via the
Joint
Intake Center (JIC) at
[email protected]. Complaints regarding the exercise
of
immigration enforcement authority by participating
OCCD
personnel shall be handled as
described below.
The Osceola
County Corrections Department will
also handle
complaints filed against OCCD
personnel who are not designated and certified pursuant to this MOA but are acting
in
immigration functions in violation of this MOA. Any such complaints regarding non-designated
OCCD personnel acting in immigration functions
must
be
forwarded to
the ICE officer. It
is
the
responsibility of the ICE officer to ensure notification is made to JIC.
In order to simplify the process, complaints
against
participating OCCD personnel relating to
their
immigration enforcement can be made according
to the
procedures outlined
below.
1. Complaint and Allegation Reporting Procedures
Complaint reporting procedures shall be disseminated
by the
Osceola County Corrections
Department
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 file the complaint.
Complaints will
be accepted
from any source
(e.g., ICE, Osceola
County Corrections
Depaitment, participating OCCD personnel, inmates, and the public).
Complaints
can
be reported to Federal
authorities as
follows:
A. Telephonically
to
the ICE
OPR at
the
Joint Intake Center
(JIC) in Washington, D.C.,
at
the toll-free number 1-877-246-8253, email [email protected], or
9
D.
Notification
of Resolution of a Complaint
or
Allegation
ICE OPR
will
coordinate with
the OCCD's Internal Investigations
Unit
to
ensure
notification as appropriate to the JIC, the subject(s) of a complaint, and the
person filing
the complaint regarding
the resolution of the complaint.
These Complaint Reporting and Allegation
Procedures
are ICE's internal policy and may be
supplemented
or modified
by ICE
unilaterally.
ICE
will
provide OCCD with
written
copies of
any
such
supplements
or
modifications. These Complaint Reporting
and
Allegation Procedures
apply to ICE and
do not restrict or apply to other investigative organizations within the federal
government.
11
APPENDIXC
PUBLIC
INFORMATION
POINTS OF
CONTACT
Pursuant to Section V(D)
of
this MOA,
the
signatories
agree to
coordinate appropriate release of
information to the media, provided
the
release has
been previously
approved by both the ICE
Privacy Officer and Public Affairs Officer, regarding actions taken under this MOA before
any
information is released. The points of contact for coordinating such activities are:
For the Osceola County Corrections Department:
Public Information Officer
Osceola County
Corrections
Department
402 Simpson Road.
Kissimmee, FL 34 744
407-742-4591
For
ICE:
Public Affairs Office
Office of Public Affairs and Internal Communication
U.S. Department of Homeland Security
U.S. Immigration and
Customs
Enforcement
Washington, DC 20536
202-732-4242
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