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8 <br />MEMORANDUM OF UNDERSTANDING <br />This Memorandum of Understanding (MOU) constitutes an agreement between the United <br />States Department of Homeland Security (DHS), United States Immigration and Customs <br />Enforcement (ICE), Mecklenburg County, North Carolina (County), and the Sheriffs Office of <br />Mecklenburg County, North Carolina (MCSO) to create a project under which ICE authorizes <br />nominated, trained and certified personnel in the MCSO to perform certain immigration <br />enforcement functions as specified herein. The MCSO represents the County in the <br />implementation and administration of this MOU. It is the intent of the parties that this agreement <br />will result in enhanced capacity to deal with immigration violators in the County. <br />1. PURPOSE <br />The purpose of this MOU is to set forth the terms and conditions for this agreement to authorize <br />selected MCSO personnel to perform certain functions of an immigration officer within the <br />County, and how participating MCSO personnel will be nominated, trained, authorized and <br />supervised in performing the immigration enforcement functions specified in this MOU. <br />(Hereafter, MCSO personnel who are nominated, trained, authorized, certified and supervised in <br />accordance with the terms of this MOU may from time to time be referred to as Participating <br />MCSO Personnel.) <br />Notwithstanding any term or condition of this MOU to the contrary, nothing herein shall <br />otherwise limit the jurisdiction, powers or rights (including without limitation, the right to run <br />for elected positions or accept appointed positions) normally possessed by employees of the <br />MCSO or the County; or the jurisdiction, powers and rights of Participating MCSO Personnel in <br />their capacity as employees of MCSO. The exercise of immigration enforcement authority <br />granted under this MOU to Participating MCSO Personnel shall occur only as provided in this <br />MOU and shall be limited to activities in the County. <br />II. AUTHORITY <br />Section 287(g) of the Immigration and Nationality Act, 8 U.S.C. § 1357(g), as amended by the <br />Homeland Security Act of 2002, Public Law 107-276, authorizes the Secretary of the <br />Department of Homeland Security, acting through the Under Secretary for Border and <br />Transportation Security, to enter into written agreements with a State or any political subdivision <br />of a State to enable qualified personnel to perform certain functions of an immigration officer. <br />This MOU constitutes such a written agreement. <br />III. POLICY <br />This MOU sets forth the scope of the immigration officer functions that DHS is authorizing the <br />Participating MCSO Personnel to perform. It sets forth with specificity the duration of the <br />authority conveyed and the specific lines of authority, including the requirement that <br />Participating MCSO Personnel shall be subject to ICE supervision while performing <br />immigration related duties pursuant to this MOU. MCSO retains supervision of all other aspects