Prioritization. ICE retains sole discretion in determining how it will manage its limited resources and meet its mission requirements. To ensure resources are managed effectively, ICE requires the AGENCY to also manage its resources dedicated to 287(g) authority under the MOA. To that end, the following list reflects the categories of aliens that are a priority for arrest and detention with the highest priority being Level 1 criminal aliens. Resources should be prioritized to the following levels: Level 1 – Aliens who have been convicted of or arrested for major drug offenses and/or violent offenses such as murder, manslaughter, rape, robbery, and kidnapping; Level 2 – Aliens who have been convicted of or arrested for minor drug offenses and/or mainly property offenses such as burglary, larceny, fraud, and money laundering; and Level 3 – Aliens who have been convicted of or arrested for other offenses. Training: The 287(g) training program, the Immigration Authority Delegation Program (IADP), will be taught by ICE instructors and tailored to the immigration functions to be performed. ICE Office of Training and Development xxxx xxxxxxx examinations during the IADP. The AGENCY nominee must pass each examination with a minimum score of 70 percent to receive certification. If the AGENCY nominee fails to attain a 70 percent rating on an examination, the AGENCY nominee will have one opportunity to remediate the testing material and re-take a similar examination. During the entire duration of the IADP, the AGENCY nominee will be offered a maximum of one remediation examination. Failure to achieve a 70 percent on any two examinations(inclusive of any remediation examination), will result in the disqualification of the AGENCY nominee and their discharge from the IADP. Training will include, among other topics: (i) discussion of the terms and limitations of this MOA; (ii) the scope of immigration officer authority; (iii) relevant immigration law; (iv) the ICE Use of Force Policy; (v) civil rights laws; (vi) the U.S. Department of Justice “Guidance Regarding the Use Of Race By Federal Law Enforcement Agencies,” dated June 2003; (vii) public outreach and complaint procedures; (viii) liability issues; (ix) cross-cultural issues; and (x) the obligation under Federal law and the Vienna Convention on Consular Relations to make proper notification upon the arrest or detention of a foreign national. Approximately one year after the participating AGENCY personnel are trained and certified, ICE may provide additional updated training on relevant administrative, legal, and operational issues related to the performance of immigration officer functions. Local training on relevant issues will be provided as needed by ICE supervisors or designated ICE team leaders. An OSLC designated official shall, in consultation with OTD and local ICE officials, review on an annual basis and, if needed, refresh training requirements. Trained AGENCY personnel will receive, as needed, a DHS email account and access to the necessary DHS applications. The use of the information technology (IT) infrastructure and the DHS/ICE IT security policies are defined in the Interconnection Security Agreement (ISA). The ISA is the agreement between ICE Chief Information Security Officer (CISO) and AGENCY Designated Accreditation Authority (DAA). AGENCY agrees that each of its sites using ICE- provided network access or equipment will sign the ISA, which defines the IT policies and rules of behavior for each user granted access to the DHS network and applications. Failure to adhere to the terms of the ISA could result in the loss of all user privileges. Data Collection: ENFORCE is the primary processing system for alien removals and is the main resource for statistical information for the 287(g) program. All ENFORCE entries must be completed in accordance with established ICE polices and adhere to OSLC guidance. ICE does not require the AGENCY to provide statistical or arrest data above what is entered into ENFORCE; however, ICE reserves the right to request specific tracking or arrest data be maintained and provided for comparison and verification with ICE’s own data and statistical information. This data may also be used for ICE’s statistical reporting requirements or to assess the progress and success of the AGENCY’s 287(g) program. The AGENCY and ICE are each responsible for compliance with the Privacy Act of 1974, as applicable, and related system of records notices with regard to data collection and use of information under this MOA. The applicable Systems of Record Notice for privacy compliance is the ENFORCE Systems of Records Notice, 00 XX 00000, dated March 20, 2006.
Appears in 4 contracts
Samples: Memorandum of Agreement, Memorandum of Agreement, Memorandum of Agreement
Prioritization. ICE retains sole discretion in determining how it will manage its limited resources and meet its mission requirements. To ensure resources are managed effectively, ICE requires the AGENCY to also manage its resources dedicated to 287(g) authority under the MOA. To that end, the following list reflects the categories of aliens that are a priority for arrest and detention with the highest priority being Level 1 criminal aliens. Resources should be prioritized to the following levels: Level 1 – Aliens who have been convicted of or arrested for major drug offenses and/or violent offenses such as murder, manslaughter, rape, robbery, and kidnapping; Level 2 – Aliens who have been convicted of or arrested for minor drug offenses and/or mainly property offenses such as burglary, larceny, fraud, and money laundering; and Level 3 – Aliens who have been convicted of or arrested for other offenses. Training: The 287(g) training program, the Immigration Authority Delegation Program (IADP), will be taught by ICE instructors and tailored to the immigration functions to be performed. ICE Office of Training and Development xxxx xxxxxxx examinations during the IADP. The AGENCY nominee must pass each examination with a minimum score of 70 percent to receive certification. If the AGENCY nominee fails to attain a 70 percent rating on an examination, the AGENCY nominee will have one opportunity to remediate the testing material and re-take a similar examination. During the entire duration of the IADP, the AGENCY nominee will be offered a maximum of one remediation examination. Failure to achieve a 70 percent on any two examinations(inclusive of any remediation examination), will result in the disqualification of the AGENCY nominee and their discharge from the IADP. Training will include, among other topics: (i) discussion of the terms and limitations of this MOA; (ii) the scope of immigration officer authority; (iii) relevant immigration law; (iv) the ICE Use of Force Policy; (v) civil rights laws; (vi) the U.S. Department of Justice “Guidance Regarding the Use Of Race By Federal Law Enforcement Agencies,” dated June 2003; (vii) public outreach and complaint procedures; (viii) liability issues; (ix) cross-cultural issues; and (x) the obligation under Federal law and the Vienna Convention on Consular Relations to make proper notification upon the arrest or detention of a foreign national. Approximately one year after the participating AGENCY personnel are trained and certified, ICE may provide additional updated training on relevant administrative, legal, and operational issues related to the performance of immigration officer functions. Local training on relevant issues will be provided as needed by ICE supervisors or designated ICE team leaders. An OSLC designated official shall, in consultation with OTD and local ICE officials, review on an annual basis and, if needed, refresh training requirements. Trained AGENCY personnel will receive, as needed, a DHS email account and access to the necessary DHS applications. The use of the information technology (IT) infrastructure and the DHS/ICE IT security policies are defined in the Interconnection Security Agreement (ISA). The ISA is the agreement between ICE Chief Information Security Officer (CISO) and AGENCY Designated Accreditation Authority (DAA). AGENCY agrees that each of its sites using ICE- provided network access or equipment will sign the ISA, which defines the IT policies and rules of behavior for each user granted access to the DHS network and applications. Failure to adhere to the terms of the ISA could result in the loss of all user privileges. Data Collection: ENFORCE is the primary processing system for alien removals and is the main resource for statistical information for the 287(g) program. All ENFORCE entries must be completed in accordance with established ICE polices and adhere to OSLC guidance. ICE does not require the AGENCY to provide statistical or arrest data above what is entered into ENFORCE; however, ICE reserves the right to request specific tracking or arrest data be maintained and provided for comparison and verification with ICE’s own data and statistical information. This data may also be used for ICE’s statistical reporting requirements or to assess the progress and success of the AGENCY’s 287(g) program. The AGENCY and ICE are each responsible for compliance with the Privacy Act of 1974, as applicable, and related system of records notices with regard to data collection and use of information under this MOA. The applicable Systems of Record Notice for privacy compliance is the ENFORCE Systems of Records Notice, 00 XX 0000071 FR 13987, dated March 20, 2006.
Appears in 1 contract
Samples: Memorandum of Agreement
