Authorized Functions. Participating PCSD personnel performing immigration-related functions pursuant to this MOA will be PCSD officers assigned to detention operations supported by ICE. Those participating PCSD personnel will exercise their immigration-related authorities only during the course of their normal duties while assigned to PCSD jail/correctional facilities. Participating PCSD personnel will identify and process for removal aliens in PCSD jail/correctional facilities who fall within ICE’s civil immigration enforcement priorities . Participating PCSD personnel are delegated only those authorities listed below: • The power and authority to interrogate any person detained in the participating law enforcement agency’s detention center who the officer believes to be an alien about his or her right to be or remain in the United States, 8 U.S.C. § 1357(a)(1) and 8 C.F.R. § 287.5(a)(1), and to process for immigration violations any removable alien or those aliens who have been arrested for violating a Federal, State, or local offense; • The power and authority to serve warrants of arrest for immigration violations pursuant to 8 U.S.C. § 1357(a) and 8 C.F.R. § 287.5(e)(3); • The power and authority to administer oaths and to take and consider evidence, 8 U.S.C § 1357(b) and 8 C.F.R. § 287.5(a)(2), to complete required alien processing, including fingerprinting, photographing, and interviewing of aliens, as well as the preparation of affidavits and the taking of sworn statements for ICE supervisory review; • The power and authority to prepare charging documents, 8 U.S.C. §§ 1225(b)(1), 1228, 1229, and 1231(a)(5); 8 C.F.R. §§ 235.3, 238.1, 239.1, and 241.8, including the preparation of a Notice to Appear (NTA) or other charging document, as appropriate, for the signature of an ICE officer; • The power and authority to issue Forms I-247N, Request for Voluntary Notification of Release of Suspected Priority Alien, I-247D, Immigration Detainer – Request for Voluntary Action, and I-247X, Request for Voluntary Transfer, 8 U.S.C. §§ 1226 and 1357, and 8 C.F.R. § 287.7, and I-213, Record of Deportable/Inadmissible Alien, for processing aliens; and • The power and authority to detain and transport, 8 U.S.C. § 1357(g)(1) and 8 C.F.R. § 287.5(c)(6), arrested aliens subject to removal to ICE-approved detention facilities. As previously noted in this Appendix, ICE requires the PCSD to follow ICE’s civil immigration enforcement priorities.
Authorized Functions. Participating LEA personnel performing immigration-related functions pursuant to this MOA will be LEA officers assigned to detention duties. Those participating LEA personnel will exercise their immigration-related authorities only during the course of their normal duties while assigned to the LEA’s jail/correctional facilities. Participating LEA personnel are delegated only those authorities listed below: The power and authority to interrogate any person detained in the participating law enforcement agency’s detention center who the officer believes to be an alien about his or her right to be or remain in the United States, 8 U.S.C. § 1357(a)(1) and 8 C.F.R. § 287.5(a)(1), and to process for immigration violations any removable alien or those aliens who have been arrested for violating a Federal, State, or local offense; 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 LEA 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;
Authorized Functions. Staff Member/Volunteer may create, collect, disclose, access, maintain, store, and use PII of Consumers in order to:
Authorized Functions. CDO may create, collect, disclose, access, maintain, store, and use PII of Consumers in order to:
Authorized Functions. SHOP Agent/Broker may create, collect, disclose, access, maintain, store, and use PII from CMS, Consumers, Applicants, Employers, Employees, Qualified Employers, Qualified Employees, and Enrollees, for:
Authorized Functions. WBE may create, collect, disclose, access, maintain, store, and use PII for:
Authorized Functions. ABE may create, collect, disclose, access, maintain, store, and use PII only for:
Authorized Functions. Web-broker may create, collect, disclose, access, maintain, store, and use PII for:
Authorized Functions. Agent may create, collect, disclose, access, maintain, store, and use PII only to perform the following authorized functions (“Authorized Functions”):
Authorized Functions. Staff Member/Volunteer may create, collect, disclose, access, maintain, store, and use PII of Consumers in order to: Provide information to Consumers about the full range of QHP options and Insurance Affordability Programs for which these persons are eligible, which includes: providing fair, impartial, and accurate information that assists Consumers with submitting the eligibility application; clarifying the distinctions among health coverage options, including QHPs; and helping Consumers make informed decisions during the health coverage selection process; Assist Consumers with applications for coverage in a QHP through the FFE and for Insurance Affordability Programs; Help to facilitate the enrollment of Consumers in QHPs and Insurance Affordability Programs; Perform other functions related to carrying out additional obligations as may be required under applicable state law or regulation, provided that (1) such a state requirement does not prevent the application of the provisions of title I of the Affordable Care Act within the meaning of section 1321(d) of the Affordable Care Act, and (2) Staff Member/Volunteer notifies Consumers in advance, in writing, that collection, handling, disclosure, access maintenance, storage, and/or use of their PII might be required under applicable state law or regulations. Staff Member/Volunteer should provide the required notification through the authorization obtained in accordance with 155.225(f); and Perform other functions authorized under 45 CFR 155.225, including functions substantially similar to those enumerated above, and such other functions that may be approved by CDO in writing from time to time, but only if CMS has expressly permitted CDO to carry out those functions.
