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Agenda - 01-23-2007-6c
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Agenda - 01-23-2007-6c
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Last modified
9/2/2008 12:18:08 AM
Creation date
8/28/2008 11:13:56 AM
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BOCC
Date
1/23/2007
Document Type
Agenda
Agenda Item
6c
Document Relationships
Minutes - 20070123
(Linked To)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2007
RES-2007-008 Opposition to a Memorandum of Understanding with Immigration & Customs Enforcement Local Law Enforcement to Enforce Civil Immigration Laws
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2000-2009\2007
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candidate will be married to a person illegally present within the United States or knowingly <br />have family or any other associations which could adversely impact their ability to perform ICE <br />functions under this MOU. All candidates must he approved by ICE and must be able to qualify <br />for appropriate security clearances. Should a candidate not be approved, a substitute candidate <br />may be submitted, so long as such substitution happens in a timely manner and does not delay <br />the start of training. Any future expansion in the number of Participating MCSO Personnel <br />or scheduling of additional training classes may be based on an oral agreement of the parties, but <br />will be subject to all the requirements of this MOU. <br />MCSO will endeavor not to reassign approved candidates from their primary place of duty for a <br />period of at least two years following training and certification of approved candidates as <br />outlined in this MOU. Further, to the extent possible and practicable, MCSO will give ICE sixty <br />(60) days notice of its intent to reassign any approved candidate. <br />VI. TRAINING OF PERSONNEL <br />ICE will provide appropriate training of nominated MCSO personnel tailored to the designated <br />immigration functions and types of cases typically encountered by MCSO. Training of such <br />MCSO personnel will be at a mutually designated site in Charlotte, North Carolina, utilizing ICE <br />designated curriculum and competency testing. Training will include but not necessarily be <br />limited to, presentations on this agreement and elements of this MOU, the scope of immigration <br />officer authority, cross-cultural issues, the ICE Use Of Force Policy, civil rights law, the <br />Department of Justice "Guidance Regarding The Use of Race By Federal Law Enforcement <br />Agencies" dated June 2003, public outreach and complaint procedures, liability, and other <br />relevant issues. ICE will provide all training materials. MCSO is responsible for the salaries and <br />benefits for any of its personnel being trained or performing duties under this MOU. MCSO will <br />cover the costs of all candidates' travel, housing and per diem while involved in training required <br />for participation in this agreement. <br />All nominated and accepted personnel will receive specific training regarding their obligations <br />under federal law and the Vienna Convention on Consular Relations to make proper notification <br />upon the arrest or detention of a foreign national. <br />Approximately one year after the Participating MCSO Personnel are trained and certified, unless <br />any party terminates this MOU pursuant to Section XVII below, ICE will provide such personnel <br />with additional updated training on relevant administrative, legal and operational issues related to <br />the performance of immigration officer functions. Local training on relevant administrative, <br />legal and operational issues will be provided on an ongoing and timely basis by ICE supervisors. <br />VII. CERTIFICATION AND AUTHORIZATION <br />The ICE Training Division will certify in writing to the ICE Special Agent in Charge in Atlanta, <br />Georgia, the names of those MCSO personnel who successfully complete training and pass all <br />required testing. Upon receipt of the ICE Training Division certification, the Special Agent in <br />Charge, Atlanta, Georgia, will provide to the Participating MCSO Personnel a signed <br />authorization to perform specified functions of an immigration officer for an initial period of one <br />
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