DETENTION MODEL. Participating AGENCY personnel performing immigration-related duties pursuant to this MOA will be AGENCY officers assigned to detention operations supported by ICE. Those participating AGENCY personnel will exercise their immigration-related authorities only during the course of their normal duties while assigned to AGENCY jail/correctional facilities. Participating AGENCY personnel will identify and remove criminal aliens that reside within the AGENCY’s jurisdiction pursuant to the tiered level of priorities set forth in Appendix D’s “Prioritization” section. The participating AGENCY personnel are authorized to perform the following functions as allowed by 287(g) of the INA for the Detention Model: • The power and authority to interrogate any person believed to be an alien as to his right to be or remain in the United States (INA § 287(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 INA § 287(a) and 8 C.F.R. § 287.5(e)(3); • The power and authority to administer oaths and to take and consider evidence (INA § 287(b) and 8 C.F.R. § 287.5(a)(2)), to complete required criminal 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 (INA § 239, 8 C.F.R. § 239.1; INA § 238, 8 C.F.R § 238.1; INA § 241(a)(5), 8 C.F.R § 241.8; INA § 235(b)(1), 8
