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LASD Letter to Board re MOA between DHS, ICE and Los Angeles Co, 2014

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.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

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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

 

 

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