missouri state highway patrol - former 287(g) agreement with ice

8/14/2019 Missouri State Highway Patrol - former 287(g) agreement with ICE

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MEMORANDUM OF AGREEMENTThis Memorandum of Agreement (MOA) constitutes an agreement between the United StatesImmigration and Customs Enforcement (ICE), a component of the Department of HomelandSecurity (DHS), and the Missouri State Highway Patrol, hereinafter referred to as the "LawEnforcement Agency" (LEA), pursuant to which ICE authorizes up to a maximum of 25nominated, trained, and certified LEA personnel to perform certain immigration enforcementfunctions as specified herein. It is the intent of the parties that these delegated authorities willenable the LEA to identify and process immigration violators and conduct criminalinvestigations under the direct supervision of ICE in the State ofMissouri. ICE and LEA pointsof contact for purposes of this MOA are identified in Appendix A.

1. PURPOSEThe purpose of this MOA is to set forth the terms and conditions pursuant to which selected LEApersonnel (participating LEA personnel) will be nominated, trained, and thereafter performcertain functions of an immigration officer within the State of Missouri. Nothing containedherein shall otherwise limit the jurisdiction and powers normally possessed by participating LEApersonnel as members of the LEA. However, the exercise of the immigration enforcementauthority granted under this MOA to participating LEA personnel shall occur only as provided inthis MOA. This MOA also describes the complaint procedures available to members of thepublic regarding immigration enforcement actions taken by participating LEA personnelpursuant to this agreement.

II. AUfHORITYSection 287(g) of the Immigration and Nationality Act (INA), also codified at 8 U.S.c. 1357(g), as amended by the Homeland Security Act of 2002, Public Law 107-296, authorizes theSecretary of the Department of Homeland Security, acting through the Assistant Secretary ofICE, to enter into written agreements with a State or any political subdivision of a State so thatqualified personnel can perform certain functions of an immigration officer. This MOAconstitutes such a written agreement.

Ill. POLICYThis MOA sets forth the scope of the immigration officer functions that DRS is authorizing theparticipating LEA personnel to perfonn. I t sets forth with specificity the duration of theauthority conveyed and the specific lines of authority, including the requirement thatparticipating LEA personnel are subject to ICE supervision while performing immigrationrelated duties pursuant to this MOA. For the purposes of this MOA, ICE officers will providesupervision for participating LEA personnel only as to immigration enforcement andlorimmigration investigative functions. Missouri State Highway Patrol retains supervision of allother aspects of the employment of and perfonnance of duties by participating Missouri StateHighway Patrol persollnel.

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IV. ASSIGNMENTSBefore participating LEA personnel receive authorization to perform inunigration officerfunctions granted under this MOA, they must successfully complete mandatory four (4) weektraining, as described in Section VIII, in the enforcement of Federal inunigration laws andpolicies as provided by ICE instructors and thereafter pass examinations equivalent to thosegiven to ICE officers. Only participating LEA personnel who are selected, trained, authorized,and supervised, as set out herein, have authority pursuant to this MOA to conduct theimmigration officer functions enumerated in this MOA.Participating LEA personnel performing immigration-related duties pursuant to this MOA willbe LEA officers assigned to the Criminal Investigations Bureau (CIB), to include officers fromthe Narcotics Enforcement Unit, Criminal Investigations Unit, and the Gaming Division.Participating LEA personnel will be exercising their inunigration-related authorities during thecourse of criminal investigations and traffic stops involving aliens encountered within the Stateof Missouri. Any combination of these officers or others may be assigned andlor co-located astask force officers to assist ICE agents with criminal investigations.The mission of these various LEA assignments are sununarized as follows:Criminal Investigation Bureau (CIB): The LEA personnel assigned to CIB by statute are chargedwith the responsibility of identifying criminal enterprises and other forms of organized criminalactivities.Narcotics Enforcement Unit: The LEA personnel assigned to various narcotics enforcement unitsare i1lvolved with illegal trafficking in narcotics investigations, quite often they encounterindividuals who may be in the country illegally.Criminal Investigations Unit: The LEA personnel assigned to the Criminal Investigations Unitsare officers who are assigned to the Division ofDrug and Crime Control and charged with theresponsibility of assisting the agency and surrounding local authority on gathering criminalintelligence and arresting and successfully prosecuting subjects involved in criminal activitythroughout the State of Missouri.Gaming Division: The LEA personnel assigned to the Gaming Division are officers who arecharged with enforcing state gaming regulations, collecting criminal intelligence and arrestingand successfully prosecuting subjects involved in criminal activity in gaming facilities located inthe State of Missouri.

V. DESIGNATION OF AUTHOruZED FUNCTIONSFor the purposes of this MOA, participating LEA personnel will be authorized to perform thefollowing functions pursuant to the stated authorities, subject to the limitations contained in thisMOA:

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The power and authority to interrogate any person believed to be an alien as to his rightto be or remain in the United States (INA 287(a)(1) and 8 C.F.R 287.5(a)(1 and toprocess for immigration violations those individuals who are convicted of State orFederal felony offenses;

The power and authority to arrest without warrant any alien entering or attempting tounlawfully enter the United States, or any alien in the United States, if the officer hasreaSon to believe the alien to be arrested is in the United States in violation of law and islikely to escape before a warrant can be obtained. INA 287(a)(2) and 8 C.F.R. 287 .5( c)(1);

The power and authority to arrest without warrant for felonies which have beencommitted and which are cognizable under any law of the United States regulating theadmission, exclusion, expUlsion, or removal of aliens, if there is reason to believe that theperson so arrested has committed such felony and if there is likelihood of the personescaping before a warrant can be obtained. INA 287(a)(4) and 8 C.F.R. 287.5(c)(2).Notification of such arrest must be made to ICE within twenty-four (24) hours;

The power and authority to serve warrants of arrest for immigration violations pursuantto 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 thepreparation 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), 8C.F.R. 235.3) including the preparation of a Notice to Appear (NTA) application orother charging document, as appropriate, for the signature of an ICE officer for aliens incategories established by ICE supenJisors; The power and authority to issue immigration detainers (8 C.F.R 287.7) and I -213,Record of Deportabiellnadmissible Alien, for processi.ng aliens in categories establishedby ICE supervisors; and The power and authority to detain and transport (8 CTR. 287 .5( c)( 6)) atTested aliens toICE-approved detention facilities.

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VI DETENTION AND TRANSPORTATION ISSUESThe LEA is expected to pursue to completion prosecution of the State or local charges that causedthe individual to be taken into custody. ICE will assume custody of individuals who have beenconvicted of a State or local offense only after such individuals have concluded service of anysentence of incarceration. ICE will also assume custody of aliens with prior criminal convictionsand when immigration detention is required by statute. The fCE Detention and Removal FieldOffice Director or his designee will assess on a case-by-case basis the appropriate removalvehicle to be employed and/or whether to assume custody of individuals that do not meet theabove criteria based on special interests or other extenuating circumstances after processing bythe LEA. The immigration laws provide ICE Detention and Removal Operations (DRO) with thediscretion to manage limited ICE detention resources, and ICE Field Office Directors mayt:xcrcise this discretion, in appropriute case:), by declining to detain aliens whose detention is notmandated by Federal statute.For those aliens arrested by the LEA solely on administrative immigration charges, reE will notbe responsible for detention costs until the aliens are processed and turned over to reE. TheLEA-utilized detention center will be' required to have an Inter-(kwernmental Service Agreement(1 GSA) with ICE. The LEA utilized facility will be expected to meet the ICE detention standardsfur either a less than 72-hour or oV


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VTI. NO:tvlINATION OF PERSOKNELThe Missouri State Highway Patrol will nominate candidates for initial training and certificationunder this MOA. For each candidate, ICE may request any information necessary for abackground check to include but not be limited to submission of fingerprints and a personalrustory questionnaire to evaluate a candidate's suitability to participate in the enforcement ofimmigration authorities under this MOA. All candidates must be United States citizens. Allcandidates must have at least two (2) years of LEA work experience. All candidates must beapproved by ICE and must be found eligible for access to sensitive information.The LEA and ICE enter into this MOA in good faith and agree to abide by the terms andconditions contained herein. The LEA agrees to use due diligence to screen individualsnominated for training and agree that individuals who successfully complete the training underthis MOA will perform immigration officer functions authorized under 287(g) for a minimum oftwo (2) years. Any failure by the LEA to fulfill this commitment could jeopardize the temlS ofthis MOA and ICE reserves the right to terminate this MOA, suspend participation in the 287(g)training program, or take other appropriate action as necessary.Candidates working with Task Force operations shall have knowledge of, and have enforced,laws and regulations pertinent to their law enforcement activities and their jurisdictions. Theapplicant's work experience should consist of interviewing witnesses, interrogating subjects,providing constitutional rights warnings, obtaining statements and executing search and seizurewarrants. An emphasis should be placed on officers who have planned, organized and conductedcomplex. investigations relating to violations of criminal and civil law. All task force officersmust be sworn/certified officers, must possess arrest authority, and must be authorized to carryfirearms.All candidates must be approved by ICE and must be able to qualify for appropriate federalsecurity clearances. Should a candidate not be approved, a substitute candidate may besubmitted i f time permits such substitution to occur without delaying the start of training. Anyfuture expansion in the number of pm1icipating LEA personnel or scheduling of additionaltraining classes lllay be based on an oral agreement of the parties, but will be subject to all therequirements of this MOA.

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VIII. TRAINING OF PERSONNELICE will provide participating LEA personnel with the mandatory four (4) week training tailoredto the immigration functions to be performed.Training will include, among other things: (i) discussion of the terms and limitations of thisMOA; (ii) the scope of immigration officer authority; (iii) relevant immigration law; (iv) the ICEUse of Force Policy; (v) Civil Rights laws; (vi) the U.S. Department of Justice "GuidanceRegarding 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 makeproper notification upon the arrest or detention of a foreign nationaLApproximately one year after the participating LEA personnel are trained and certified, ICE mayprovide additional updated training on relevant administrative, legal, and operational issuesrelated to the performance of immigration officer functions, unless either party terminates thisMOA pursuant to Section XX, below. Local training on relevant issues will be provided on anongoing basis by ICE supervisors or a designated team leader.

IX. CERTIFICATION AND AUTHORIZATIONThe ICE Training Division will certify in writing to the ICE Special Agent in Charge in Chicago,the names of those LEA personnel who successfully complete training and pass all requiredtesting. Upon receipt of Training Division certification, the ICE Special Agent in Charge inChicago will provide the participating LEA personnel with a signed authorization to performspecified functions of an immigration officer for an initial period of one year from the date of theauthorization. ICE will also provide a copy of the authorization to the LEA. The ICEsupervisory officer, or designated team leader, will evaluate the activities of all personnelcertifled under this MOA.Authorization of participating LEA personnel to act pursuant to this MOA may be revoked atany time by ICE or the LEA. Such revocation will require immediate notification to the otherparty to this MOA. The Superintendent of the Missouri State Highway Patrol and the ICESpecial Agent in Charge in Chicago will be responsible for notification of the appropriatepersonnel in their respective agencies. The termination of this MOA shall constitute revocationof all immigration enforcement authorizations delegated hereunder.

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X. COSTS AND EXPENDITURESParticipating LEA personnel will carry out designated functions at the LEA's expense, includingsalaries and benefits, local transportation, and official issue materiaLICE will provide the instructors and training materials. The LEA is responsible for the salariesand benefits, including overtime, for all of its personnel being trained or perfonning duties underthis MOA, and for those personnel performing the regular functions of the participating LEApersonnel while they are receiving training. The LEA will cover the costs of all LEA candidates'travel, housing, and per diem affiliated with the training required for participation in thisagreement. ICE is responsible for the salaries and benefits of all of its personnel, includinginstructors and supervisors.I f ICE determines the training provides a direct service for the Government, and it is in the bestinterest of the Government, the Government may issue travel orders to selected candidates andreimburse travel and per diem expenses only. The LEA remains responsible for paying salariesand benefits of the selected candidates.Subject to the availability of funds, ICE agrees to be responsible for the purchase, installation,and maintenance of technology (computerlIAFISfPhoto and similar hardware/software)necessary to support the investigative functions of participating LEA personnel at each LEAfacility with an active 287(g) program. The use of this equipment is to be limited to theperformance of responsibilities authorized by this MOA under section 287(g) of the INA byparticipating LEA personnel. ICE also agrees to provide the necessary technological support andsoftware updates for use by participating LEA personnel to accomplish the delegated functions.Such hardware, software, and other technology purchased or provided by ICE, shall remain theproperty of ICE and shall be returned to ICE upon tennination of this agreement, or whendeemed necessary by the ICE Special Agent in Charge and the ICE Field Office Director inChicago.The LEA is responsible to provide all administrative supplies, i.e. paper, toner, pens, pencils andother similar items necessary for normal office operations. The LEA is also responsible toprovide the necessary security equipment, i.e. handcuffs, leg restraints and flexi cuffs etc.

XI, ICE SUPERVISIONImmigration enforcement actIVItieS conducted by the pamclpating LEA personnel will besupervised and directed by ICE supervisory officers or the designated team leader in KansasCity, St. Louis, and Springfield, Missouri. Participating LEA personnel are not authorized toperform immigration officer functions, except when working under the supervision of an ICEofficer, or when acting pursuant to the guidance provided by an ICE agent. Participating LEApersonnel shall give timely notice to the ICE supervisory officer within 24 hours of any detainerissued under the authorities set forth in this MOA. The actions of participating LEA personnelwill be reviewed by ICE supervisory officers on an ongoing basis to enSure compliance with therequirements of the immigration laws and procedures and to assess the need for individualadditional training or guidance.

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For purposes of this MOA, ICE officers will provide supervision of participating LEA personnelonly as to immigration enforcement functions and for investigations conducted in conjunction tothis authority. The LEA retains supervision of all other aspects of the employment of andperformance of duties by participating LEA personneLIn the absence of a written agreement to the contrary, the policies and procedures to be utilizedby the participating LEA personnel in exercising these authorities shall be DHS and ICE policiesand procedures, including the ICE Use ofForce Policy. However, when engaged in immigrationenforcement activities, no participating LEA personnel will be expected or required to violate orotherwise fail to maintain the LEA's rules, standards, or policies, or be required to fail to abideby restrictions or limitations as may otherwise be imposed by law.If a conflict arises between an order or direction of an ICE supervisory officer or a DHS or ICEpolicy and the LEA's rules, standards, or policies, the conflict shall be promptly reported to thcICE Special Agent in Charge, or designees, and the Missouri State Highway Patrol, or designee,when circumstances safely allow the concern to be raised. The ICE Special Agent in Charge inChicago and the Missouri State Highway Patrol Superintendent shall attempt to resolve theconflict.

XlI. REPORTING REQUIREMENTSThe LEA will be responsible for tracking and maintaining accurate data and statisticalinformation for their 287(g) program, including any specific tracking data requested by ICE.Upon ICE's request, such data and information shall be provided to ICE for comparison andverification with ICE's own data and statistical infoIDlation, as well as for ICE's statisticalreporting requirements and to assess the progress and success of the LEA's 287(g) program.

XIII. LIABILITY AND RESPONSIBILITYIf any participating LEA personnel are the subject of a complaint of any sort that may result inthat individual receiving employer discipline or becoming the subject of a criminal investigationor civil lawsuit, the LEA shall, to the extent allowed by State law, immediately notify ICE of theexistence and nature of the complaint. The resolution of the complaint shall also be promptlyreported to ICE. Complaints regarding the exercise of immigration enforcement authority byparticipating LEA personnel shall be handled as described below.Except as otherwise noted in this MOA or allowed by Federal law, the LEA will be responsibleand bear the costs of paIticipating LEA personnel with regard to their property or personalexpenses incurred by reason of death, injury, or incidents giving rise to liability.

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- - - - - - - - - - --.. . -----------------

Participating LEA personnel will only be treated as Federal employees for purposes of theFederal Tort Claims Act, 28 U.S.C. 2671-2680, and worker's compensation claims,S US.C g 101 et seq., when performing a function as authorized by this MOA 8 US.c. 1357(g)(7). Itis the understanding of the parties to this MOA that participating LEA personnel will enjoy thesame defenses and immunities available to ICE officers from personal liability arising from tortlawsuits based on actions conducted in compliance with this MOA. 8 USc . 1357(g)(8).Participating LEA personnel named as defendants in litigation arising from activities carried outunder this MOA may request representation by the U.S. Department of Justice. Such requestsmust be made in writing directed to the Attorney General of the United States, and will behandled in coordination with the ICE Special Agent in Charge in Chicago. Requests forrepresentation must be presented to the ICE Office of the Chief Counsel at 55 E. Monroe St.,Suite 1700, Chicago, Illinois, 60603. Any request for representation and related correspondencemust be clearly marked "Subject to Attorney-Client Privilege." The Office of the Chief Counselwill forward the individual's request, together with a memorandum outlining the factual basisunderlying the event(s) at issue in the lawsuit, to the ICE Office of the Principal Legal Advisor,which will forward the request, the factual memorandum, and an advisory statement opiningwhether such representation would be in the interest of the United States, to the Director of theConstitutional and Specialized Torts Staff, Civil Division, Department of Justice. ICE will notbe liable for defending or indemnifying acts of intentional misconduct on the part of participatingLEA personnel.The LEA agrees to cooperate with any Federal investigation related to this MOA to the fullextent of its available powers. It is understood that information provided by any LEA personnelunder threat of disciplinary action in an administrative investigation CaIIDot be used against thatindividual in subsequent criminal proceedings, consistent with Garrity v. New Jersey, 385 U.S.493 (1967).As the activities of participating LEA personnel under this MOA are undertakcn under Federalauthority, the participating LEA pcrsonnel will comply with Federal standards and guidelinesrelating to the Supreme Court's decision in Giglio v. United States, 405 U.S. 150 (1972), and itsprogeny, which relates to the disclosure of potential impeachment information about possiblewitnesses or affiants in a criminal case or investigation.

XIV. COMPLAINT PROCEDURESThe complaint reporting and resolution procedure for allegations of misconduct by participatingLEA personnel, with regard to activities undertaken under the authority of this MOA, is includedat Appendix B.

XV. CIVIL RIGHTS STANDARDSParticipating LEA persollilel who per form certain Federal immigration enforcement functions arcbound by all Federal civil rights statutes and regulations 7 including the U.S. Department ofJustice "Guidance Regardi.ng The Use Of Race By Federal Law Enforcement Agencies" datedJune 2003.

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Participating LEA personnel wtll provide an opportunity for subjects with limited Englishlanguage proficiency to request an interpreter. Qualified foreign language interpreters will beprovided by the LEA as needed.

XVI. STEERlNG cOMrvnTTEEThe ICE Special Agent in Charge in Chicago, and the Superintendent of the Missouri StateHighway Patrol shall establish a steering committee that will meet periodically to review andassess the immigration enforcement activities conducted by the participating LEA personnel andto ensure compliance with the terms of this MOA. The steering committee will meetperiodically in Missouri at locations to be agreed upon by the parties, or via teleconference.Steering committee participants will be supplied with specific infonnation on case reviews,individual participants' evaluations, complaints filed, media coverage, and, to the extentpracticable, statistical inJonnation on increased inunigration enforcement activity in the State ofMissouri. An initial review meeting will be held no later than nine months after certification ofthe initial class of participating LEA personnel under Section IX, above.

XVII. COMMUNITY OUTREACHThe LEA may, at its discretion, engage in community outreach with individuals andorganizations expressing an interest in this MOA. ICE may participate in such outreach upon theLEA's request.

XVIII. RELATIONS WITH THE 'NEWS MEDIAThe LEA may, at its discretion, communicate the substance of this agreement to organizationsand groups expressing an interest in the law enforcement activities to be engaged in under thisMOA. This MOA also describes the complaint procedures available to members of the publicregarding actions taken by participating LEA personnel pursuant to tills agreement.The LEA hereby agrees to coordinate with ICE regarding infol1l1ation to be released to the mediaregarding actions taken under this MOA. All contact with the media involving investigationsconducted under this MOA by TFOs will be done pursuant to ICE policy. The points of contactfor ICE and the LEA for this purpose are identified in Appendix C.

XIX. MODIFICATION OF THJS MOAModifications to this MOA must be proposed in writing and approved by the signatories.

x,x. DURATION AND TERMINATION OF TIDS MOAThis MOA will remain in effect from the date of signing until it is terminated by either party.EIther party. upon written notice to the other party. may tel1l1inate the MOA at any tinle Atcnnil1ation notice shall be delivered personally or by certified or registered mail and terminationshall take effect immediately upon receipt of such notice.

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Either party, upon written or oral notice to the other party, may temporarily suspend activitiesunder this MOA when resource constraints or competing priorities necessitate. Notice oftermination or suspension by ICE shall be given to the Superintendent of the Missouri StateHighway Patrol. Notice of termination or suspension by the LEA shall be given to the ICESpecial Agent in Charge in Chicago.This MOA does not, is not intended to, shall not be construed to, and may not be relied upon tocreate, any rights, substantive or procedural, enforceable at law by any person in any matter, civilor criminal.By signing this MOA, each party represents it is fully authorized to enter into this MOA, andaccepts the terms, responsibilities, obligations, and limitations of this MOA, and agrees to bebound thereto to the fullest extent allowed by law.Date: bIu ( 0 rC ~ ~ < r l l ~ v ~ ~ J u 1 i ~ ~ y e r s -(rAssistant SecretaryImmigration and Customs EnforcementDepartment ofHomeland Security

Date: ' - i ~ ~ = ' &>-L-_~ ~ ~ ~ Matt Blunt GovernorState of MissouriState Capitol BuildingJefferson City MO 65101

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APPENDIX APOINTS OF CONTACT

The ICE and LEA points of contact for purposes of implementation of this MOA are:For the LEA:

For ICE DRO:

For leE 01:

Colonel James F. KeathleySuperintendent .Missouri State Highway Patrol1510 East Elm StreetJefferson City, Missouri 65102(573)52211IIIIIIIIGlenn J. TrivelineActing Field Office DirectorOffice of Detention and Removal536 S. ClarkChicago, lL 60605(312) 347-~ g e n t in ChargeOffice of Investigation1 Tower Lane, Suite 1600Oakbrook Terrace, lL 60181(630) 57411IIIIIIII

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APPENDIXB

COMPLAINT PROCEDURE

This MOA is an agreement between DHS/lCE and the Missouri State Highway Patrol,hereinafter referred to as the "Law Enforcement Agency" (LEA), pursuant to which selectedLEA personnel are authorized to perform immigration enforcement duties in specific situationsunder Federal authority. As such, the training, supervision, and performance of participatingLEA persorwel pursuant to the MOA, as well as the protections for individuals' civil andconstitutional rights, are to be monitored. Part of that monitoring will be accomplished throughthese complaint reporting and resolution procedures, which the parties to the MOA have agreedto follow.The MOA sets forth the process for designation, training, and certification of certain LEApersorwel to perfonn certain i.mmigration enforcement functions specified herein. Complaintsfiled against those persorwel in the course of their non-immigration duties will remain thedomain of the LEA and be handled in accordance with the LEA's Manual of Policy andProcedures, or equivalent rules, regulations or procedures. The LEA will also handle complaintsfiled against personnel who may exercise immigration authority, but who are not designated andcertified under this MOA. The number and type of the latter complaints will be monitored by theSteering Conunittee established under Section XVl of the MOA.In order to simplifY the process for the public, complaints against participating LEA personnelrelating to their immigration enforcement can be reported in a number of ways. The ICEHeadquarters Office of Professional Responsibility (OPR) and the LEA's Professional StandardsDivision will coordinate complaint receipt and investigation.The ICE OPR will forward complaints to the Department of Homeland Security's Office oflnspector General (DHS OlG) as appropriate for review, and ensure notification as necessary tothe U.S. Department of Justice Civil Rights Division (DOJ CRD). The ICE OPR will coordinatecomplaints related to participating persormel with the LEA's Professional Standards Division asdetailed below. Should circumstances warrant investigation of a complaint by the DHS OIG orthe DOJ eRD, this will not preclude the DRS OIG, DOJ CRD, or ICE OPR from conducting theinvestigation in coordination with the LEA's Professional Standards Division, when appropriate.The ICE OPR will adhere to established procedures relating to reporting and resolvingallegations of employee misconduct, and the LEA's Professional Standards Division will followapplicable LEA policies and procedures, persOlUlel JUles, state statutes, and collective bargainingagreement requirements.

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1. Complaint Reporting ProceduresComplaint reporting procedures shall be disseminated as appropriate by the LEA within facilitiesunder its jurisdiction (in English and other languages as appropriate) in order to ensure thatindividuals are aware of the availability of such procedures.Complaints will be accepted from any source (e.g. : ICE, LEA , participating LEA personnel,.nmates, and the public).Complaints can be reported to Federal authorities as follows :

A. Telephonically to the ICE OPR at the Joint Intake Center (HC) inWashington , D.C., at the toll-free number 1-877-246-8253, or

B. Telephonically to the Resident Agent in Charge of the ICE OPR office in ICEOPR Rosemont, IL, or

C. Via mail as follows:U.S. Department of Homeland SecurityU.S. Immigration and Customs EnforcementOffice of Professional Responsibility425 I Street, NWRoom 3260Washington, D.C 20536

Complaints can also be referred to and accepted by any of the following LEA entities:A. The LEA ' s Professional Standards Division

(b)(6)

Investigator - Professional Standards Division1510 East Elm StreetJeffe.rson ~ 5 l 02(573) 75'1__1510 East Elm StreetJefferson .,.5102(573) 751 Division

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(b)(6)Investigator - Professional Standards Division1510 East ElmJeffersonii'_102(573) 751

B. The supervisor of any participating LEA personnel(b)(6)DIrector - ProfeSSIonal Standards Divis ion1510 East Elm StreetJefferson City, MO 65102(573) 751

2. Review of ComplaintsAll complaints (written or oral) reported to the LEA directly , which involve activities connectedto immigration enforcement activities authorized under this MOA, will be reported to the ICEOPR. The ICE OPR will verify participating personnel status under the MOA with theassistance of the Special Agent in Charge of the ICE Office of Investigations in Chicago .Complaints received by any ICE entity will be reported directly to the ICE OPR as per existingICE policies and procedures.In all instances, the ICE OPR, as appropriate, will make an initial determination regarding DHSinvestigative jurisdiction and refer the complaint to the appropriate office for action as soon aspossible, given the nature of the complaint.Comp laints reported directly to the ICE OPR will be shared with the LEA ' s ProfessionalStandards Division when the complaint involves LEA personneL Both offices will thencoordinate appropriate investigative jurisdiction, which may include initiation of a jointinvestigation to resolve the issue(s).3, Complaint Resolution ProceduresUpon receipt of any complaint, the ICE OPR will undertake a complete review of each complaintin accordance with existing ICE allegation criteria and reporting requirements. As stated above,the ICE OPR will adhere to existing ICE reporting requirements as they relate to the DHS oroand/or the DOJ CRD. Complaints will be resolved using the existing procedures, supplementedas follows:

A. Referral of Complaints to LEA \s Professional Standards Division.

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C. Time Parameters for Resolution ofComplaintsIt is expected that any complaint received will be resolved within 90 days.However, this will depend upon the nature and complexity of the substance of thecomplaint itself.D. Notification ofResolution of a ComplaintICE OPR will coordinate with the LEA's Professional Standards Division toensure notification as appropriate to the subject(s) of a complaint regarding theresolution of the complaint.

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APPENDIXC

PUBLIC INFORMATION POINTS OF CONTACT

Pursuant to Section XVIIl of this MOA, the signatories agree to coordinate any release ofinformation to the media regarding actions taken under this MOA. The points of contact forcoordinating such activities are:For the LEA:Captain Jay T "Tim" HullDivision DirectorDivision of Public Informationand Education1510 East Elm StreetJefferson City, MO 65102Telephone: (573) 751-3313

ForlCE:

Public Affairs Officer Carl RusnokOffice of Public Affairs and Intel11al CommunicationU.S. Department of Homeland SecurityU.S. Immigration and Customs Enforcement7701 North Stemmons FreewayDallas, TX 75247(214) 905-5292

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missouri state highway patrol - former 287(g) agreement with ice

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