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• The power and authority to issue immigration detainers (8 C.F.R. § 287.7) and I-213, <br />Record of Deportable/Inadmissible Alien, for processing aliens in categories established <br />by TCE supervisors; and <br />• The power and authority to detain and transport (8 C.F.R. § 287.5(c)(6)) arrested aliens to <br />ICE-approved detention facilities. <br />VI. DETENTION ISSUES <br />The LEA is expected to pursue to completion prosecution of the state or local chazges that <br />caused the individual to be taken into custody. ICE will assume custody of individuals who have <br />been convicted of a State or local offense only after such individuals have concluded service of <br />any sentence of incarceration. ICE will also assume custody of aliens with prior criminal <br />convictions and when immigration detention is required by statute. The ]CE Detention and <br />Removal Field Officer Director or his designee will assess on a case-by-case basis the <br />appropriate removal vehicle to be employed and/or whether to assume custody of individuals <br />that do not meet the above criteria based on special interests or other extenuating circumstances <br />after processing by the LEA. The immigration laws provide 1CE Detention and Removal <br />Operations (DRO) with the discretion to manage limited ICE detention resources, and ICE Field <br />Office Directors may exercise this discretion, in appropriate cases, by declining to detain aliens <br />whose detention is not mandated by federal statute. <br />If ICE determines that it is necessary, the LEA will enter into an Inter-Governmental Service <br />Agreement (IGSA) with ICE pursuant to which, the LEA will provide, for a reimbursable fee, <br />detention of incarcerated aliens in LEA facilities, upon the completion of their sentences. The <br />LEA facility will be expected to meet the ICE detention standards for either a less than 72-hour <br />or over 72-hour facility as determined by ICE, and consistent with the anticipated detention <br />period. <br />The parties understand that the LEA will not continue to detain an alien after that alien is eligible <br />for release from the LEA's custody in accordance with applicable law and LEA policy, except <br />for a period of up to 48-hours, excluding Saturdays, Sundays, and any holiday, pursuant to an <br />ICE detainer issued in accordance with 8 C.F.R. § 287.7, absent an IGSA in place as described <br />above. <br />Upon completion of processing and release from the LEA's detention facilities of an individual _ _ - oeieeea: <br />who participating LEA personnel have determined to be a removable alien, the alien will be <br />transported by the LEA on the same day to an ICE designated office or facility, after notification <br />to and coordination with the ICE supervisory officer, so that no further detention costs will be <br />incurred by ICE. <br /> <br />