Thread: Feds & NC Sheriffs team up to capture illegal aliens

Feds and North Carolina Sheriffs Work Together to Capture Criminal Aliens
by Jim Kouri, CPP
)ctober 20, 2007

US Immigration and Customs Enforcement (ICE) representatives today presented a proposed statewide partnership plan to the sheriffs in attendance at the North Carolina Sheriffs' Association's (NCSA) fall meeting. This is the first in many conversations between federal and local officers aimed at affording every area of North Carolina increased use of the unique authorities of ICE.

Many sheriffs' departments in North Carolina have shown significant interest in partnering with ICE primarily to help identify and remove criminal illegal aliens. To date nearly 20 agencies have requested a partnership with ICE under the 287(g) program -- which trains and certifies officers to enforce immigration law.

"North Carolina sheriff's offices have demonstrated an unprecedented interest in partnering with ICE," noted Julie L. Myers, Department of Homeland Security Assistant Secretary for ICE. "By working together in a coordinated manner, we plan to develop a statewide alliance that is both effective and sustainable and will enhance public safety in the state."

Driven by a steering committee comprised of local and federal officers, partnering agencies will develop appropriate timelines and agree on how to best leverage the tools ICE has available under the ICE ACCESS (Agreements of Cooperation in Communities to Enhance Safety and Security) program. Depending on the specific needs, North Carolina sheriffs' departments would participate in ICE ACCESS programs and services including: the Law Enforcement Support Center (LESC) which helps identify criminal aliens; ICE's Criminal Alien Program (CAP) which locates criminal aliens processed through jails and prisons; Operation Community Shield which targets and arrests gang members; joint document and benefit fraud task forces to impede identity theft; and the delegation of 287(g) authority.v

Mecklenburg, Alamance, Gaston and Cabarrus county sheriff's offices have already partnered with ICE by entering into 287(g) Memorandums of Agreement (MOAs).

ICE received more 287(g) requests from agencies in North Carolina than any other state. Recognizing this intense interest, Senator Elizabeth Dole brought together the impacted state and federal agencies to discuss ways to best prioritize needs on a statewide basis.

"When it comes to tackling the complex issue of immigration, Washington is often accused of not listening. I want to commend ICE for not only listening, but also delivering for North Carolina. Through this unique partnership with federal officials, North Carolina sheriffs can utilize the available tools to enforce our laws and help ensure that North Carolinians feel safe in their homes and communities."

"We are pleased ICE has recognized the statewide interest to help remove criminal illegal aliens and we look forward to working with the agency to craft a feasible plan benefiting all of our communities," said North Carolina Sheriffs' Association President Sheriff Steve Bizzell.

Jim Kouri, CPP
Columnist Jim Kouri, http://jimkouri.us
http://www.webcommentary.com/asp/ShowAr ... ate=071020

ICE received more 287(g) requests from agencies in North Carolina than any other state.

Isn't it time your state did likewise? Contact your local Sheriffs Office and insist they get onboard! If your area is already in the program, call and thank the Sheriffs Department for their efforts. I have found that they need and appreciate the feedback!

ICE SHOULD BE INVOLVED IN EVERY STATE AND NOT WAITING FOR STATE GOVERNMENTS TO ASK.

NEWS RELEASE



ICE and North Carolina sheriffs working together to form statewide partnership

CAROLINA BEACH, N.C. - U.S. Immigration and Customs Enforcement (ICE) representatives today presented a proposed statewide partnership plan to the sheriffs in attendance at the North Carolina Sheriffs' Association's (NCSA) fall meeting. This is the first in many conversations between federal and local officers aimed at affording every area of North Carolina increased use of the unique authorities of ICE.

Many sheriffs' departments in North Carolina have shown significant interest in partnering with ICE primarily to help identify and remove criminal illegal aliens. To date nearly 20 agencies have requested a partnership with ICE under the 287(g) program - which trains and certifies officers to enforce immigration law.

"North Carolina sheriff's offices have demonstrated an unprecedented interest in partnering with ICE," noted Julie L. Myers, Department of Homeland Security Assistant Secretary for ICE. "By working together in a coordinated manner, we plan to develop a statewide alliance that is both effective and sustainable and will enhance public safety in the state."

Driven by a steering committee comprised of local and federal officers, partnering agencies will develop appropriate timelines and agree on how to best leverage the tools ICE has available under the ICE ACCESS (Agreements of Cooperation in Communities to Enhance Safety and Security) program. Depending on the specific needs, North Carolina sheriffs' departments would participate in ICE ACCESS programs and services including: the Law Enforcement Support Center (LESC) which helps identify criminal aliens; ICE's Criminal Alien Program (CAP) which locates criminal aliens processed through jails and prisons; Operation Community Shield which targets and arrests gang members; joint document and benefit fraud task forces to impede identity theft; and the delegation of 287(g) authority.v

Mecklenburg, Alamance, Gaston and Cabarrus county sheriff's offices have already partnered with ICE by entering into 287(g) Memorandums of Agreement (MOAs).

ICE received more 287(g) requests from agencies in North Carolina than any other state. Recognizing this intense interest, Senator Elizabeth Dole brought together the impacted state and federal agencies to discuss ways to best prioritize needs on a statewide basis.

"When it comes to tackling the complex issue of immigration, Washington is often accused of not listening. I want to commend ICE for not only listening, but also delivering for North Carolina. Through this unique partnership with federal officials, North Carolina sheriffs can utilize the available tools to enforce our laws and help ensure that North Carolinians feel safe in their homes and communities."

"We are pleased ICE has recognized the statewide interest to help remove criminal illegal aliens and we look forward to working with the agency to craft a feasible plan benefiting all of our communities," said North Carolina Sheriffs' Association President Sheriff Steve Bizzell.

http://www.ice.gov/pi/news/newsreleases ... abeach.htm

NEWS RELEASE



Jim Pendergraph (North Carolina Sheriff) selected as ICE's state and local coordinator
Newly created senior executive position to emphasize public safety cooperation and coordination

WASHINGTON, D.C. - Assistant Secretary of Homeland Security for Immigration and Customs Enforcement Julie L. Myers announced today the selection of Mecklenburg County Sheriff Jim I. Pendergraph as ICE's first Executive Director of state and local coordination.

In his new position, Pendergraph will serve as a member of the Federal Government's Senior Executive Service and will seek to establish and maintain a partnership as well as formal and informal channels of communication and information exchange between ICE, state and local governments and their respective law enforcement entities.

"To be successful in protecting national security and upholding public safety, we must partner effectively with the thousands of state and local law enforcement agencies across the nation. That is why I created this senior position," said Myers. "Sheriff Pendergraph brings a wealth of leadership skills, law enforcement knowledge and public safety experience to this newly created position."

Pendergraph was elected Mecklenburg Sheriff in 1994 and was serving his fourth elected term when he accepted the ICE position. As Sheriff, Pendergraph led more than 1,400 law enforcement and support staff with a budget of more than $100 million.

Under Pendergraph's leadership, Mecklenburg County was the first law enforcement entity on the East Coast to have officers certified for 287 g authority, allowing them limited immigration authorities resulting in the identification of nearly 3,000 criminal illegal aliens that were placed in removal proceedings.

Pendergraph's dedication to law enforcement began as a Military Police Officer in the U.S. Army before becoming a police officer with the Charlotte/Mecklenburg Police Department where he was employed for 23 years and rose to the rank of Deputy Chief.

Pendergraph received a degree in criminal justice from Central Piedmont Community College and attended the FBI National Academy, the FBI National Executive Institute; and the John F. Kennedy School of Government at Harvard University.

http://www.ice.gov/pi/news/newsreleases ... ington.htm

NEWS RELEASE



New ICE ACCESS program highlights various law enforcement partnerships
ICE and locals working together in different ways, for maximum effectiveness

WASHINGTON, DC - U.S. Immigration and Customs Enforcement (ICE) today announces the new ICE ACCESS (Agreements of Cooperation in Communities to Enhance Safety and Security) program. ICE ACCESS will provide local law enforcement agencies an opportunity to team with ICE to combat specific challenges in their communities.

"Local law enforcement agencies have shown tremendous interest in working with ICE," said Department of Homeland Security Assistant Secretary, Julie L. Myers, who oversees ICE. "Combining federal, state and local resources has proven successful in safeguarding the public. Now, we want to build on that success by using ICE's unique authorities to further aid communities who seek our assistance."

ICE developed the ACCESS program in response to the widespread interest from local law enforcement agencies that have requested ICE partnerships through the 287(g) program, which cross-designates local officers to enforce immigration law as authorized through section 287(g) of the Immigration and Nationality Act. In the past two years, the 287(g) program has identified more than 22,000 illegal aliens for possible deportation. More than 60 municipal, county, and state agencies nationwide have requested 287(g) MOAs with ICE and more than 400 local and state officers have been trained under the program.

The 287g program is only one component under the ICE ACCESS umbrella of services and programs offered for assistance to local law enforcement officers. Other ICE ACCESS enforcement options include the creation of local task forces targeting specific challenges like gangs or document fraud, the presence of a Criminal Alien Program (CAP) team in local detention facilities to identify criminal aliens, or training to utilize the ICE Law Enforcement Support Center (LESC) which provides officers the ability to inquire about a person's immigration and criminal history. One especially successful joint initiative is Operation Community Shield, a national program aimed at dismantling violent transnational gangs that threaten the public.

"Operation Community Shield is an excellent example of the outstanding relationship the Miami-Dade Police Department has fostered with local, state and federal law enforcement agencies," said Miami-Dade Police Department Assistant Director James Loftus. "Law enforcement working together with each other, as well as with the community, can and will continue to make a difference."

ICE agents and officers will meet with agencies requesting ICE ACCESS assistance to assess local needs. Based upon these assessments, ICE and local agencies will determine which type of partnership is most beneficial and sustainable before entering into an official agreement.

Law enforcement agencies interested in reviewing the myriad of enforcement programs under the ICE ACCESS program are encouraged to call their local ICE office or visit www.ice.gov for more information.

http://www.ice.gov/pi/news/newsreleases ... 0821dc.htm

Fact Sheets


September 24, 2007

Delegation of Immigration Authority Section 287(g)
Immigration and Nationality Act

Section 287(g) of the Immigration and Nationality Act
The Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA), effective September 30, 1996, added Section 287(g), performance of immigration officer functions by state officers and employees, to the Immigration and Nationality Act (INA). This authorizes the secretary of the U.S. Department of Homeland Security (DHS) to enter into agreements with state and local law enforcement agencies, permitting designated officers to perform immigration law enforcement functions, pursuant to a Memorandum of Agreement (MOA), provided that the local law enforcement officers receive appropriate training and function under the supervision of sworn U.S. Immigration and Customs Enforcement (ICE) officers.

The cross-designation between ICE and state and local patrol officers, detectives, investigators and correctional officers working in conjunction with ICE allows these local and state officers: necessary resources and latitude to pursue investigations relating to violent crimes, human smuggling, gang/organized crime activity, sexual-related offenses, narcotics smuggling and money laundering; and increased resources and support in more remote geographical locations.

Memorandum of Agreement
The MOA defines the scope and limitations of the authority to be designated. It also establishes the supervisory structure for the officers working under the cross-designation and prescribes the agreed upon complaint process governing officer conduct during the life of the MOA. Under the statute, ICE will supervise all cross-designated officers when they exercise their immigration authorities. Once the scope of limitations of the MOA has been reached, the assistant secretary of ICE, and the governor, a senior political entity, or the head of the local agency may sign the MOA, requesting the cross-designation.

Officer Selection Requirement
U.S. citizen;
Current background investigation completed;
Minimum two years experience in current position; and
No disciplinary actions pending.
Training Requirements
ICE offers two training programs including a five-week program for field level law enforcement officers and a four-week program for correctional personnel. The U.S. Immigration and Customs Enforcement Academy sets standards and testing. Certified instructors conduct the training.

287(g) Signed MOAs as of 9-19-07 : 28
AL Alabama State Police
AZ Department of Corrections
AZ AZ Department of Public Safety
AZ Maricopa County Sheriff's Office
CA Los Angeles County Sheriff 's Department
CA Orange County Sheriff's Office
CA Riverside County Sheriff 's Office
CA San Bernardino County Sheriff 's Office
CO CO Dept. of Public Safety
CO El Paso County Sheriff 's Office
FL Collier County Sheriff's Office
FL Florida Department of Law Enforcement
GA Department of Public Safety
GA Cobb County Sheriff's Office
MA Department of Corrections
MA Framingham Police Department
MA Barnstable County Sheriff's Office
NC Alamance County Sheriff's Office
NC Cabarrus County Sheriff's Office
NC Gaston County Sheriff's Office
NC Mecklenburg County Sheriff's Office
NH Hudson City Police Department
OK Tulsa County Sherrif's Office
TN Davidson County Sheriff's Office
VA Herndon Police Department
VA Prince William-Manassas Adult Detention Center
VA Rockingham County Sheriff's Office
VA Shenandoah County Sheriff's Office
Number of Task Force MOAs in Field: 10
Number of Jail MOAs in Field: 14
Number of Joint MOAs in Field: 4
Number of Officers Trained to date: 485
Number of Arrests: More than 25,000
Criminal Alien Program (CAP)

Under current MOAs, 287(g) participants in Arizona , California , and North Carolina currently ensure that criminal aliens incarcerated within federal, state and local facilities are not released into the community upon completion of their sentences. ICE is working to expand 287(g) authority to local and county correctional facilities that are not operational within normal ICE jurisdictions. The expansion of the 287(g) program into smaller county and local correctional facilities will act as a force multiplier for CAP and have a positive impact on this important program.

A Law Enforcement Partnership
Terrorism and criminal activity are most effectively combated through a multi-agency/multi-authority approach that encompasses federal, state and local resources, skills and expertise. State and local law enforcement play a critical role in protecting our homeland security because they are often the first responders on the scene when there is an incident or attack against the United States . During the course of daily duties, they will often encounter foreign-born criminals and immigration violators who pose a threat to national security or public safety.

Frequently Asked Questions
What is the program designed to do?
The 287(g) program is designed to enable state and local law enforcement personnel, incidental to a lawful arrest and during the course of their normal duties, to question and detain individuals for potential removal from the United States, if these individuals are identified as undocumented illegal aliens and they are suspected of committing a state crime.

What is the program not designed to do?
The 287(g) program is not designed to allow state and local agencies to perform random street operations. It is not designed to impact issues such as excessive occupancy and day laborer activities. In outlining the program, ICE representatives have repeatedly emphasized that it is designed to identify individuals for potential removal, who pose a threat to public safety, as a result of an arrest and /or conviction for state crimes.

How do I participate in the 287(g) Delegation of Authority program?
The interested agency must send a letter addressed to the U.S. Immigration and Customs Enforcement (ICE), attention Assistant Secretary, requesting participation in the 287(g) Delegation of Authority program. A sample letter can be obtained from the local 287(g) SAC point of contact.

A law enforcement agency has requested to participate in the 287(g) Delegation of Authority program, what’s next?
ICE with assistance from the requesting law enforcement agency (LEA) conducts a field survey. This must be completed to determine the infrastructure required to support the request. If the local ICE office demonstrates they have the capability to fully support the request, it will then go to our ICE headquarters for further review. The final approval must come from the Assistant Secretary. An approved request requires the LEA enter into a Memorandum of Agreement (MOA) with ICE. The MOA defines the scope and limitations of the authority to be designated to the LEA. Once the MOA is signed and the parameters of the agreement are defined, ICE will train the LEA officers.

What type of training is involved for participating agencies?
ICE offers two training programs including a five-week program for field-level law enforcement officers, and a four-week program for correctional/detention personnel. ICE sets standards and provides certified instructors to conduct the training. Training topics include such areas as immigration and criminal law, document examinations, cross-cultural communications and intercultural relations, alien status, ICE operations, statutory authority, removal charges, ICE Use of Force policy and avoidance of racial profiling. Upon successful completion of the training, officers receive official certification from ICE entitled “287(g) Authority.â€