AG 2007 05 21 - Laserfiche WebLink

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IV. ASSIGNMENTS Before participating LEA personnel receive authorization to perform immigration officer functions granted under this MOA, they must successfully complete mandatory 4-week [raining, as described in Section Vl]I, in the enforcement of federal immigration laws and policies as provided by ICE instructors and thereafter pass examinations equivalent to those given 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 the immigration officer functions enumerated in this MOA. Participating LEA personnel performing immigration-related duties pursuant to this MOA will be LEA officers assigned to Cabarrus County Sheriff s Office Jail/Correctional facilities. V. DESIGNATION OF AUTHORIZED FUNCTIONS For the purposes of this MOA, participating LEA personnel will be authorized to perform the fallowing functions pursuant to the stated authorities, subject to the limitations contained in this MOA: • 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 those individuals who are convicted of State or Federal felony offenses; • The power and authority to arrest without warrant for felonies which have been committed and which are cognizable under any law of the United States regulating the admission, exclusion, expulsion, or removal of aliens. INA § 287(a)(4) and 8 C.F.R. § 287.5(c)(2). Notification off such arrest must be made to ICE within twenty-four (24) hours; • The power and authority to serve warrants of arrest for immigration violations pursuant to 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 Section 239, 8 C.F.R. 239.1; INA Section 238, 18 C.F.R 238.1; INA Section 241(a)(5), 8 C.F.R 241.8; INA Section 235(b)(1), 8 C.F.R. 235.3) including the preparation of a Notice tq Appear (NTA) application or other charging document, as appropriate, for the signature of an ICE officer for aliens in categories established by ICE supervisors; -~