Orange County Sheriff's Office (california) - 287(g) Foia Documents

.0.80)(44 A. CA 9210

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Dear Mr. Clark: My Department has conducte4 ext~J:lsive research co~¢mit"l8

281(s) Qf1;he. .

Immigration and Nationality Act. W;e recently completed a Ctoss~Designat1on Pf:Op$sal . . whlchincludes a research paper, apF0posed McmorandumofUnderstanding, draft'po:l'icy MqprOcequre for both Jail Operati()ll$.~Jnvestigations. aud. & cost analysis. A copy of my proposal has been forwarded to_~ Assistant special Agent in Char~, at your Office of Investigations in San~omia. Additionally, aU five membcciof our County Board. of Supervisors have been briefed on the project and my staffhas held numerous meetings with local community groups. At this time, my Department is interested in moving forward with, the 287(g) Delegation of Authority Program. My current proposal <.:alls for the initial training and certification of two-hundred deputies; one-hundred dep.urtesfrom the Jai.l Ope.ti.ltibns Division; and one-hundred ,investigators assigned to the. Iny,stigatiollS Divi~iQ!1~:W-hlch includes members of our g$1g team who are currently Wotking with agents from. your Santa Ana office. It is my desire 'that once the designat«ideputies and inv~stigato.rs from my Department have been trained and certified, their immigration enforcement activities will be limited to Jail Operations and Investigations.

JAIL OPERAnONS "'"t1nTently~pllrSuant'lt:1:::~'a,greementbetwe~n1CE"

conduct immigrationillterviews.in: my jails. If the !lel".tio~.?fA~thority program is approved. Orange County deputIes currently workingJ,ll my .lads WIll conduct the immigrationi1~~erview~ and forward the n~ary paperwOrk to the local ICE office;

PROUDl. VSSRVING THE UNfNCMPORA TED AREAS OFORANGE COUNTYAND THE FOLLOWING CITIES AND AGENCIES ALISO VIEJO .. DANA POINT .. LAGUNA H1US .. LAGUNA NIGUEL • LAGUNA WOODS • LAKE FOREST • MISsION VIEJO RANCHO SANTA MARGARITA • SAN CLEMENTE. SAN JtJAN CAPISTRANO .. STANTON. VILLA PARK HARBORS. BEACHES &PARKS. JOHN WAYNE AIRPORT .. aCTA • SuPERIOR COURT

INVESTIGATIONS

It is the policy of my Department that illegal presence (in the country) alone is not cause for arrest or criminal detention by deputies. Moreover, if the Delegation of Authority program is approved, deputies who are trained and certi fled tmder this program will take immigration enforcement action only when faced with activities that involve a separate underlying criminal offense. Such offenses win be limited to aggravated fblonies a'S per Immigration and Nationality Act, 8 U.S.C. Section 101 (a)(43). Deputies will also be authorized to take enforcement action when dealing with foreign nationals who were previously deported, or who were convicted of an aggravated felony, or if the foreign national is involved in criminal street gang activity. TfV\INING

My Department will provide facilities in Orange County program.

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all training related to this

M.EMORANDUM OF UNDERSTANDING I have attached for your review a copy of our proposed Memorandum of Understanding which has not yet been approved by our County Board of Supervisors. Such approval will likely be contingent upon the United States Senate approving the Department of Homeland Security Act (H.R. 1817), or similar legislation, which provides for reimbursement to local1aw entorcement for costs associated with this progran1. Your point of contact for issues related to this program is Captain Timothy Board. Orange County Sheriffs Department, Professional Standards Division, at 714-647-!871, or e-mail - [email protected]. I am confident that, v.i.th your assistance, the 287(g) Delegation of Authority program will result in a safer environment for aU who live, work-in and visit Orange County. I also see this as a great opportunity for our agendes to work together more effectively and efficiently. I look forward to hearing from you soon and taking the next step towards imp~on of this program.

~urs.

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t\r1i@h:~ftfe~~ona" ......./ - ... Sherift:Coroner

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