LASD Letter to Board re MOA between DHS, ICE and Los Angeles Co, 2014
Download original document:
This text is machine-read, and may contain errors. Check the original document to verify accuracy.
@ount11 of 1llos i\ng£1£s c;'§hniff'z 1B.epart1mmt '.M.eantJuart.erz 47UU :Ramona �oul.etmrn ,.:!Bllont.er.e11 Jforlt, filalifornfo 91754-2169 .JOHN L. SCOTT, SHERIFF March 25, 2014 The Honorable Board of Supervisors County of Los Angeles 383 Kenneth Hahn Hall of Administration Los Angeles, California 90012 Dear Supervisors: REQUEST FOR APPROVAL OF MEMORANDUM OF AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE), AND THE COUNTY OF LOS ANGELES (ALL DISTRICTS) (3 VOTES) SUBJECT Since 2005, the Los Angeles County Sheriff's Department (Department) has participated in an immigration program with the United States Department of Homeland Security, Immigration and Customs Enforcement (ICE), pursuant to Section 287(9) of the Immigration and Nationality Act. The Department seeks to enter into a new Memorandum of Agreement (MOA), which has been revised to comply with the mandates set forth with the implementation of the Trust Act (AB4) as well as improved oversight and communication with the program. IT IS RECOMMENDED THAT THE BOARD: 1. Approve and instruct the Chair to sign the attached MOA between ICE and the County, which shall be effective upon execution by all parties for a period of three years. 2. Delegate authority to the Sheriff, as an agent for Los Angeles County (County), to execute the attached MOA between ICE and the County, which shall be effective upon execution by all parties for a period of three years, allowing the Yi Jracldion o/ 0ervice .. The Honorable Board of Supervisors March 25, 2014 Page 2 Department to continue performing certain immigration functions under the supervision of ICE. 3. Delegate authority to the Sheriff to execute any and all amendments to the MOA, including term extensions, necessary for the Department's participation in the immigration program. PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION The MOA will allow the Department to continue assisting ICE in identifying inmates convicted of a crime, who are serving time in the County jail and who are about to be released back into the community, when they should be held by ICE for review of their immigration status. Implementation of Strategic Plan Goals The requested Board action is consistent with the County's Strategic Plan, Goal1, Operational Effectiveness, assisting ICE through participation pursuant to Section 287(g) which allows for improved documentation and processing of criminally convicted illegal aliens who are in our custody for serious crimes. The requested Board action is also consistent with the County's Strategic Plan, Goal 3, Integrated Services Delivery, a partnership with ICE ensures a greater number of inmates who are undocumented and who have been convicted of serious crimes are transferred to ICE custody for a review of their immigration status. In doing so, this improves public safety by safeguarding the community against the release of convicted serious criminal aliens. FISCAL IMPACT/FINANCING There is no direct fiscal impact. Personnel performing immigration-related duties would continue in that capacity. FACTS AND PROPVISIONS/LEGAL REQUIREMENTS The MOA will commence upon execution by both parties and remain in effect for three years unless terminated earlier by either party. At the end of three years, ICE and the Department shall review the MOA and modify, extend, or permit the MOA to lapse. As such, the Sheriff seeks delegated authority to execute any and all amendments to the MOA, including amendments to extend the term of the MOA. Upon written or oral notice, either ICE or the Department may temporarily suspend activities when resource constraints or competing priorities necessitate such suspension. The Honorable Board of Supervisors March 25, 2014 Page 3 Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the Department will be responsible and will bear the costs of participating Department personnel, with regard to their property or personal expenses, incurred by reason of death, injury, or incidents giving rise to liability. The attached MOA was reviewed and approved by County Counsel. IMPACT ON CURRENT SERVICES (OR PROJECTS) There will be no impact on current services or projects. CONCLUSION Upon Board approval, please instruct the Executive Office to return two copies of the originally signed MOA and a copy of the adopted Board letter to the Department. Sincerely, ~ U--. (L\jt_ _ JOHN L. SCOTT SHERIFF