MEMORANDUM OF AGREEMENT

This Memorandum of Agreement C¥9A) constitutes an agreement between United States

Immigration and Customs Enforcement .(ICE), a component of the Department of Homeland
Security (DHS), and the Hudson, New'Hampshire Police Department (HPD), pursuant to which
ICE delegates nominated, trained, certified, and authorized HPD personnel to perform certain
immigration enf~r~eme~t functio~~.~~'.isR~yi¥~?,.~~~~.in. It is the inte?t o~ the .parti~s that these
delegated authofltles WIll enabl<11tht;~~IflP;Q~itP.1t~d~ft~l.fy and process ImmIgratIon vIolators and
conduct criminal investigations und~r 'ICE supervision, as detailed herein, within the confines of
the HPD's area of responsibility. The HPD and ICE enter into this MOA in good faith and agree
to abide by the terms and conditions·contained herein.

I. PURPOSE

The purpose of this colla~oration,' is; to. eflhance the safety and security of communities by
focusing resources on identifying anQ 'proce~sirlgJ6r:removal criminal aliens who pose a threat to
public safety or a danger to the:·~c)frfimunity::··· !!fhi~ MOA sets forth the terms and conditions
pursuant to which selected HPD,:p~rsbnI)~J. ,(p~)1i~ipaiing HPD personnel) will be nominated,
trained, and approved by ICE to I)erform ~certain;lrunctions of an immigration officer within the
HPD area of responsibility. Nothing"contained herein shall otherwise limit the jurisdiction and
powers normally possessed by participating HPD personnel as members of the HPD. However,
the exercise of the immigration enforcement authority granted under this MOA to participating
HPD personnel shall occur only as provided in this MOA.

II. AUTHORITY

Section 287(g) of the Immigration and Natioii~lity Act (INA), codified at 8 U.S.C. § 1357(g)
(1996), as amended by the Home.1a'n'cf~'~otarifSrA~t of 2002, Public Law 107-296, authorizes the
Secretary of DHS, acting througIr.t~~~}\~si§iahrs~dPJtary of ICE, to enter into written agreements
a:'st*te
with a State or any political subdl~~:'i'o~' ~f s6 that qualified personnel can perform certain
functions of an immigration officer:lTI.tis MOA constitutes such a written agreement.

III. POLICY

This MOA sets forth the following: 1) "th~ furl'ctiQns of an immigration officer that DHS is
authorizing the participating HPJ) ~~pers6~~~I' .·topeiform; 2) the duration of the authority
conveyed; 3) the supervisory r~q~W¢me~'iS~~.1~~·9~tfu~ih$.~ the requirement that participating HPD
personnel are subject to ICE su'p'eW1Yiorli~tiile.:~I¢t'forming immigration-related duties pursuant
to this M~A; and 4) program iri~1!.N~tio~·~h{~'~\h;thai the .HPD is required to coI1ec~ as part. of
the operatIon of the program. 'For ·the' }1urpbses of this MOA, ICE officers WIll prOVide
supervision for participating HPD personnel only as to immigration enforcement and/or
immigration investigative functions as authorized in this MOA. HPD retains supervision of all
other aspects of the employment and performance of duties by participating HPD personnel.
 The HPD is expected to pursue to compl~~~c;>n' \,al1 c~~rnjn~\:~harges that caused the alien to be
taken into custody and over which the HPD, h~ ~,tiI~~4i~~iof\: ,:. : .

ICE will assume custody of an alien 1) who has been convicted of a State, local or Federal
offense only after being informed by the alien's cust~9~a.n,:~~a~ such alien has concluded service
of any sentence of incarceration; 2) who has ~ri.<?r crin;t~ry.(,ll:iconvictions and when immigration
detention is required by statute; and 3)::wh~l1}h~. IGRn·~ff1~e of Detention and Removal
Operations (DRO) Field Office Director (f~q~~i .qfr?.iis,~~e.si~n~r decides on a case-by-case basis
to assume custody of an alien who does not meet tne above criteria.

IV. DESIGNATION OF AUTHORIZED FUN(:TIONS

Approved participating HPD personnel will be auth to perform immigration officer

functions outlined in 287(g)(l) of the INA regarding the investigation, apprehension, or
detention of aliens in the United States, subject to the limitations contained in the Standard
Operating Procedures (SOP) in Appendix D to this MOA.

V. DETENTION AND TRANSPORTATI9N. ~1~HT~~::

ICE retains sole discretion in determining :how. Hi wJIL:manhke 'its limited detention resources and
meet its mission requirements. ICE Field Qffi~:e:t)i~~~i~r~:ril~y, in appropriate cases, decline to
detain aliens whose detention is not mandated by Federal statute. ICE and the HPD will prioritize
the detention of aliens in conformity with ICE detention· priorities. ICE reserves the right to
detain aliens to the extent provided by law.

If ICE deems it necessary, the HPD will enter into an Int~r-Governmental Service Agreement
(IGSA) with ICE pursuant to which the HPP will proyide, "for a reimbursable fee, detention of
incarcerated aliens in HPD facilities, upon the completion of their sentences. If ICE and the
HPD enter into an IGSA, the HPD must meet-the applicable -ICE National Detention Standards.

In addition to detention services, if ICE deems it necessary, the IGSA may include a
transportation component for the transportation of all incarcerated aliens for a reimbursable fee.
Under a transportation IGSA, the HPD will transport all incarcerated aliens in its facilities who
are subject to removal, upon completion of their sentences, to a facility or location designated by
ICE. Reimbursement to the HPD will occur only when the HPD obtained prior approval of ICE
for the transportation. ICE will not reimburse if the HPD did not obtain prior approval from
ICE.

The parties understand that the HPD will not co~tinu~' tb d'ehi:~~··an alien after that alien is eligible
for release from the HPD's custody in accordance. wjt~ appIt~.able law and HPD policy, except
for a period of up to 48-hours, excluding Saturdays, Sundays, and any Federal holiday, pursuant
to an ICE detainer issued in accordance with 8 C.F.R:. § 287.7, absent an IGSA in place as
described above.

VI. NOMINATION OF PERSONNEL

2
 '

The HPD will nominate candidates for ICE training and approval under this MOA. All
candidates must be United States citizens. The HPD is responsible for conducting a criminal
background check within the last five years for all nominated candidates. Upon request, the
HPD will provide all related inform~~ion and materials it collected, referenced, or considered
during the criminal background che~,k.f0r nominated candidates to ICE.

In addition to the HPD background check, ICE will conduct an independent background check
for each candidate. This background, check requires all candidates to complete a background
questionna.ire. The qu~stio~nair~,.Js~u.ir~~,\~~)s1n9~ . .li~it~d to, t~e sub~ission. of fingerp~ints, a
personal hJstory questJonnaJre, an~l;the': c~ndl~ate~S:.4JscJphnary history (mcludmg allegations of
excessive force or discriminatory 'aqtion). I¢~' .r~serves the right to query any and every national
and international law enforcement <;I~t~ba~e to evaluate a candidate's suitability to participate in
the enforcement of immigration aut~cftiti'es: under this MOA. Upon request by ICE, the HPD will
provide continuous access to disciplinary records of all candidates along with a written privacy
waiver signed by the candidate allowing ICE to have continuous access to his or her disciplinary
records.

The HPD agrees to use due dilige~Ge:'io set~~ri' il1~f~idqals nominated for training and agrees that
individuals who successfully compl,ete the .tdHI1~ng under this MOA will perform immigration
officer functions authorized undef.!':~~7(g)ortfi~~ lNA for a minimum of two years. If HPD
personnel under consideration are ,fri:a barg",ining' unit, that HPD must, prior to the execution of
the MOA, have an agreement w'ith' the exclusiv~ representative that allows the designated
officers to remain in their position for a minimum of two years. This requirement may be lifted
solely at the discretion of ICE for good cause in situations that involve, among other things,
imminent promotion, officer career d~yeloph1ent, and disciplinary actions. Failure by the HPO to
fulfill this commitment could jeopard;ze'lthe,terms of this MOA, and ICE reserves the right,
under these circumstances, to take appropriate action as necessary, including terminating this
MOA. '.' ',!

All HPD candidates shall have ~~~*t~~·g~:~~t1,d.:·ti~ajYe enforced laws and regulations pertinent to
their law enforcement activities 'attlfl \~~ir jud$dl~tiollk'

In the Task Force model setting, a'll iHPO'·task force officer candidates must be sworn/certified
officers, must possess arrest auth6'r.ity,' mtist be authorized to carry firearms, and must be
employed full-time by the HPD. Ea~h HPD. 'ca~didate must certify that he/she is not prohibited
from carrying a firearm pursuant td'· Bt~tJ o·t' Federal law, including, but not limited to, the
Lautenberg Amendment (18 U.S.C. §'922(g)(8) or (9»)'.
'1· .•

All HPD candidates must be ~a~Rf~ve(fi~~i\.lC.~.·~tid·must be able to qualify for access to

appropriate DHS and ICE datali*g~$.\~~ni~nl~··:1i!~:~ndiqate not be approved, a qualified substitute
candidate may be submitted. SucW·substftUtl'6ri'in.ust occur without delaying the start of training.
Any future expansion in the numbefof participating HPO personnel or scheduling of additional
training classes may be based on an oral agreement between the parties and is subject to all the
requirements of this MOA and the accompanying SOP.
VII. TRAINING OF PERSONNEL

ICE will provide participating HPD personnel ~Wh '(mmigration Authority Delegation Program
(IADP) training consistent with the accompanying'SOP; ,

VIII. CERTIFICATION AND AUTHORIZATION

Before participating HPD personnel recei~~;· perfonn immigration officer

functions granted under this MOA, they :n:lus('successfiilly .complete the IADP training, as
described in the accompanying SOP. The IADP will be provided by ICE instructors who will
train participating HPD personnel in the en(orcement of F;ederal immigration laws and policies,
the scope of the powers delegated pursuarit to this lY10A. and civil rights and civil liberties
practices. Participating HPD personnel must pass an IC~'rexamination after instruction. Upon
completion of training, those HPD personnel who pass the ICE examinations shall be deemed
"certified" under this MOA.

ICE will certify in writing the names of those HP,Q,p~rsonn.~twho successfully complete training
and pass all required test(s). Upon receipt of the cer.tification, the ICE Special Agent in Charge
(SAC) in Boston, MA will provide the p'articip~\i~gJi:~~D.·~p.~~~~~nel a signed authorization letter
allowing the named HPD personnel to pet.f.oIi~i~Pi~p.JIi~:ftWPtlons of an immigration officer for
an initial period of one year from the date Qf tq~'.f.\~QQ,r'~~~j9.~. ICE will also provide a copy of
the authorization letter to the HPD. .Only.,;those.,cerl~fted HPD personnel who receive
authorization letters issued by ICE and whose .im:.pigration '~nforcement efforts are subject to a
designated ICE supervisor may conduct immigration officer functions described in this MOA.

. .;

Along with the authorization letter, ICE will: iS$ue, the, certified HPD personnel official
Delegation of Authority credentials. Upon ·,recejpt:'of t~e, q~legation of Authority credentials,
HPD personnel will provide ICE a signed rece.ipt ~f:the.."cre'~~ptjals on the ICE Record of Receipt
- Property Issued to Employee (Form 0-570),' ,';.,:.:" :'.' : '

Authorization of participating HPD personnel to act pursuant to this MOA may be withdrawn at
any time and for any reason by ICE or the HPD, and mustbe memorialized in a written notice of
withdrawal identifying an effective date of withdrawal. and the personnel to which the
withdrawal pertains. Such withdrawal may be effectuated immediately upon notice to the other
party. The HPD and the ICE SAC, Boston, MA will be responsible for notification of the
appropriate personnel in their respective agencies. The termination of this MOA shall constitute
immediate revocation of all immigration enforcement authorizations delegated hereunder.
: .','.,'

..~~~!.':.. ,.> ~:.,. 'r

The HPD will immediately notify ICE when anyc¢rt~{ieQ .. and.!9r authorized HPD personnel are
'so
no longer participating in the 287(g) prograrrt thae~apprQprlate action can be taken, including
termination of user account access to DHS and I~E:systerri~~:.' .

4
IX. COSTS AND EXPENDITURES/":,

Participating agencies are responsible for personnel expenses, including, but not limited to,
salaries and benefits, local transportation, and official issue material. The HPD is responsible for
the salaries and benefits, including overtime, of all of its personnel being trained or performing
duties under this MOA and of those personnel performing the regular functions of the
participating HPD personnel while they 'are receiving training. The HPD will cover the costs of
all HPD personnel's travel, housing,' and per diem affiliated with the training required for
participation in this MOA. ICE is responsible {or the salaries and benefits of all of its personnel,
including instructors and supervisors~ ': :" ' ,', '" ' , '
• .'1";", ~", ';; ," ,': t .... , ,: t .,
.'~, ';'1' ....
\ \,! '~{" '"

proy.{aes'
. ~-, ".;'!., . ~~ .'.~: "', ~ ....::'
If ICE determines the training a 'direct service for the Government and it is in the best
interest of the Government, the Goyernment 'may issue travel orders to selected personnel and
reimburse travel, housing, and per dfem expenses only. The HPD remains responsible for paying
salaries and benefits of the selected persorinel.

ICE will provide instructors and training materials.

Subject to the availability of funQ,st:JCEwilJ, b~ responsible for the purchase, installation, and
maintenance of technology (comBR~~~II1\F.r~m99r,9. and similar hardware/software) necessary to
support the investigative functioJi~:,()fparticipa:ting' HPD personnel at each HPD facility with an
active 287(g) program. Only' ~a~icipating'" fIPD personnel certified by ICE may use this
equipment. ICE will also provide tl1~ necessary technological support and software updates for
use by participating HPD personnel'to accomplish the delegated functions. Such hardware,
software, and other technology purchased or provided by ICE shall remain the property of ICE
and shall be returned to ICE upon termination of this agreement, or when deemed necessary by
the ICE SAC, Boston, MA. ,,': '
'. '~~:;... ':

The HPD is responsible for covering all expensesl, at the HPD facility regarding cabling and
power upgrades. If the connectivity ,',soluti6ri:'fdr the HPD is determined to include use of the
HPD's own communication lines~;'i::,~phQn~,,·,D~J.A ,site owned T-Irr-3, etc), the HPD will be
responsible for covering any inst~iJ~tl~r(an~ rec~rri.ilgcosts associated with the HPD line.
·,-,,\~~J;:e(··. ,,' ," :.,:~ f' ~"I .-\: •

•• I , . .

The HPD is responsible for providi~g ~l.l ad'il1inistrative supplies, such as paper, toner, pens,
pencils, or other similar items nHcBssa..y." for normal office operations. The HPD is also
responsible for providing the necessary security equipment, such as handcuffs, leg restraints and
flexi cuffs, etc. ' " '
.

Also, if ICE deems it necessary, the'H~D wjIJ provide ICE, at no cost, with an office within each
participating HPD facility for ICE-!sti~~rViso~,'&mpfdyees to work,
 x. ICE SUPERVISION
Immigration enforcement activities conducted by 'lt~e", p~r;t.icipating HPD personnel will be
supervised and directed by ICE supervisory ,9ifiq~rs.:"qr. designated ICE team leaders.
Participating HPD personnel are not authoriz~d' to; p~r(orm 'tmmigration officer functions except
when working under the supervision or gu.(4~ri~e' 'of. ICE: :~tp: establish supervisory and other
administrative responsibilities, the SAC wiil:,spt??:ify!,tpe'!;~p.i?.ervisory and other administrative
responsibilities in an accompanying agreed-upoJ;l SOP. "

Participating HPD personnel shall give timely ~9tice tq Jthe ICE supervisory officer within 24
hours of any detainer issued under the authorities set 'r6rth in this MOA. The actions of
participating HPD personnel will be reviewed by ICE superVisory officers on an ongoing basis to
ensure compliance w.ith the requirements of the immigration laws and procedures and to assess
the need for individual training or guidance.

For purposes of this MOA, ICE officers win pr!9~\qfi;'~~'per.~i;~\~n of participating HPD personnel
only as to immigration enforcement functi0I?:~{:~~;~ot:A~~,~~fl$~flions conducted in conjunction to
this authority. Th~ HPD retains supervi~~i,?~~~r~~tl~'f>~~'~~~'~~~R~'cts of the employment of and
performance of duties by participating HP~':~~~~~1~' '

In the absence of a written agreement to the 'cohirary, the p'olicies and procedures to be utilized
by the participating HPD personnel in exercising 'the~e authorities shall be DHS and ICE policies
and procedures, including the ICE Use of Force Policy. However, when engaged in immigration
enforcement activities, no participating HPD pers~nl1.~~lwi~h.qe expected or required to violate or
otherwise fail to maintain the HPD's rules, stand~d~, .0.1". pbl~cies, or be required to fail to abide
by restrictions or limitations as may otherwi~e be,imposed 'by l~w .

If a conflict arises between an order or dire~tibrl of-an ICE 'sbp~rvisory officer or a DHS or ICE
policy and the HPD's rules, standards, or policies, the conflict shall be promptly reported to the
SAC, Boston, MA, or designees, and the HPD, or designe~, when circumstances safely allow the
concern to be raised. The SAC, Boston, MA ,and the HPD· ~h~lI attempt to resolve the conflict.

XI. REPORTING REQUIREMENTS

ICE does not require the HPD to provide stati~tic,aJ or a~r¢~t data above what is entered into
ENFORCE; .howeve:, ICE reserves the r~~~t t,~:l~9~~~~ t~~e~&tr.p p~ovide specific trackin~ data
a~d/or any mformatlon, docu~ents, or ~v~d.~~~~; l~f}~~~~,~\~J~h~ circumstances of a particular
ahe?'~ arrest. I~E may ~se thiS data to C?~P~i~.;,~n~~I,~prl~xA~~'~s own data, and to fulfill ICE's
statistical reportmg reqUirements, or to ~S,~fS~i.th,~!)~~og~\¥,~~.~d success of the HPD's 287(g)
program.

XII. LIABILITY AND RESPONSIBILITY

If any participating HPD personnel are the subject of a co~plaint of any sort that may result in
that individual receiving employer discipline or becoming:
. th~ subject of a criminal investigation

6
or civil lawsuit, the HPD shall, State law, immediately notify the local
point of contact for the ICE Office"o~J>iloresslon~1 Responsibility (OPR) and the SAC of the
existence and nature of the complaint. The:resolution of the complaint shall also be promptly
reported to ICE. Complaints regard'ing the 'exercise of immigration enforcement authority, as
specified herein, by participating HPD personnel shall be handled as described below.

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 HJ?D will be responsible and bear the costs of participating
HPD personnel with regard to their property or personal expenses incurred by reason of death,
injury, or incidents giving rise to liabi~i,ty.

Participating HPD personnel wil:L:Q~"treated:";as,' federal employees only for purposes of the
Federal Tort Claims Act, 28 U.Si~\§,§:2671-2~~0~:,and worker's compensation claims, 5 U.S.C.
§ 8101 et seq., when performing ~ functi9h' !aii 'behalf of ICE as authorized by this MOA. 8
U.S.C. § 1357(g) (7); 28 U.S.C. § '~611.· ILis the understanding of the parties to this MOA that
participating HPD personnel will eriJ"9Y the 'same defenses and immunities for their in-scope acts
that are available to ICE officers from pers<?l1~1 liability arising from tort lawsuits based on
actions conducted in compliance wi~~,~,hi~',~9~i,~ lJ..S.C. § 1357(g) (8).

Participating HPD personnel name,d; a$ def~rida~t~ j~Jitigation arising from activities carried out
under this MOA may request repre~~titatio.~·:bylihe' ,4.S. Department of Justice. Such requests
must be. made i~ w:iting. direc~~i~I§.·)h~~I~~9~~~I(!~eneral of the Uni~ed States, and wH.l be
handled m coordmatlOn WIth the;~A~fBq$tcm~;'MA. Requests should be In the form of a wrttten
memorandum prepared by the defe\\~~nt: ad~tes?tlng each and every allegation in the complaint,
explaining as well as admitting or aetlying: each al~egation against the defendant. Requests for
representation must be presented to the ICE Office of the Chief Counsel at 15 New Sudbury St.,
Room 320, Boston, MA 02203. Any request for representation and related correspondence must
be clearly marked "Subject to Attorn~y-Client Privilege." The Office of the Chief Counsel will
forward the individual's request, together with a memorandum outlining the factual basis
underlying the event(s) at issue in the'lawsuit, to the ICE Headquarters Office of the Principal
Legal Advisor, which will forward' the requ~st, the factual memorandum, and an advisory
statement opining whether such rep,resentation 'would be in the interest of the United States, to
the Director of the ConstitutiOiJ~t~.~:p~·Jl~p,~1~Jtz,ytl~:Torts Staff, Civil Division, Department of
Justice. ICE will not be liable f6~'~deren~itig':\)r'~in:d~hmifying acts of intentional misconduct on
the part of participating HPD persoot;l,t;L " .'.'. '.... 1
~,r

The HPD agrees to cooperate with'iny ··F~deral investigation related to this MOA to the full
extent of its available powers, incl~ding;pr~.~i~~ng. access to appropriate databases, personnel,
and documents. Failure to do so maY;'"resuIF!tf1~h~ termination of this MOA. Failure of an officer
to cooperate in any Federal investigat}o~lelat~d.to. tn.is MOA may result in revocation of such
individual's authority provided tirtCiW thi~~M<D*\: .'The HPD agrees to cooperate with Federal
personnel conducti~g reviews t~;~i'f;~r~:~9WB\~~~¢~ ~vtjth the terms of this MOA and to provide
access to appropTlate databas·~~;,~.~tse.~S()ni~~J~n{~~d .~ocuments necessary to complete such
compliance review. It is unders,~tl'p~t tha(,'irf~ftPation ,provided by any HPD personnel under
threat of disciplinary action in atr:administrative
, investigation cannot be used against that
 individual in subsequent criminal proceedings, consistent with Garrity v. New Jersey, 385 U.S.
493 (1967), and its progeny.

As the activities of participating HPD personnel ~nder .this! MOA are undertaken under Federal
authority, the participating HPD personnel':wili/c~~p(YJ ~tt~\:f~deral standards and guidelines
relating to the Supreme Court's decision in GmLi'&:y:.'Unltet('Siates, 405 U.S. 150 (1972), and its
progeny, which relates to the disclosure o(p'ote'ntial impeachment information about possible
witnesses or affiants in a criminal case or investigation.

The HPD and ICE are each responsible for compliance ·with the Privacy Act of 1974, as
applicable, and related system of records notices with ~~gard to data collection and use of
information under this MOA. The applicable Systems of Record Notice for privacy compliance
is the ENFORCE Systems of Records Notice, 71 FR 13987, dated March 20, 2006.

XIII. COMPLAINT PROCEDURES

The complaint reporting procedure f by participating HPD

personnel, with regard to activities unde~kent4Qd¢r.:the,. a,u"!hority
'. . of
!'
this MOA, is included in
Appendix B.
\~ ,' •• t .~'!'.

XIV. CIVIL RIGHTS STANDARDS

Participating HPD personnel are bound by all Federaf Civil. rights laws, regulations, guidance
relating to non-discrimination, including the U.S. pepartmdhlof Justice "Guidance Regarding
The Use Of Race By Federal Law Enforcem~ntA.g~nci~s'''·91~d June 2003 and Title VI of the
Civil Rights Act of 1964, as amended, 42. U~'$'.C.<~09~·~t ~~9;:~:»,hich prohibits discrimination
based upon race, color, or national origin (in~ludi~g "IirriitedEnglish proficiency) in any program
or activity receiving Federal financial assistance.

XV. INTERPRETATION SERVICES

Participating HPD personnel will provide an opportunity for subjects with limited English
language proficiency to request an interpreter. Qualified foreign language interpreters will be
provided by the HPD, as needed.

The HPD will maintain a list of qualified inte~re.ter~·' prQ~mpanies it contracts with to provide
such. i~terp.reters. Participating law en~9r~el~+"F~#~~~c;>~n~h~Mill be .instructed on the pr?per
adminIstrative procedures to follow to I <?btam", ~n,~; s.~rv.~,~~/.10f an mterpreter. A quahfied
interpreter means an interpreter who can i'nterPret'·effectivbry~: accurately, and impartially, using
any specialized vocabulary. If an interpretCfr :~S:l:lsedj ;.v~eo a· designated officer is performing
functions under this MOA, the interpreter mu~t·B~,~,d~.,n.t~fi~d"by name, in records.

XVI. COMMUNICATION

The ICE SAC, Boston, MA, and the HPD s~alll'!leet at I~ast,.annually, and as needed, to review
and assess the immigration enforcement actiyJ~i~~'cbnd!l~t~.g,l ~~, tpe participating HPD personnel,

8
 and to ensure compliance with th~:t8~~.~s:6f!~lii~}~~10A.:: When necessary, ICE and the HPD may
limit the participation of these·.me~.i.ngsh)~(;regatds,·tQ non-law enforcement personnel. The
attendees will meet in at 10cations~.~O':be &gr.~~(l;.upon by the parties, or via teleconference. The
participants will be supplied with spe:cific information on case reviews, individual participants'
evaluations, complaints filed, media. coverage, and, to the extent practicable, statistical
information on immigration enforcement activity in Rhode Island. An initial review meeting
will be held no later than nine months after certification of the initial class of participating HPD
personnel under Section VIII, above.
•

XVII. COMMUNITY OUTREACH

The HPD may, at its discretion, ~engag~, . in c~mmunity outreach with individuals and
organizations expressing an inter~~\~:j!i:)hi§:~MdA.~; iCE may participate in such outreach upon the
HPD's request. Nothing in this M~~1'~ha·I1·Iim.i,i rCE'.·s own community outreach program.
, .. , ::;;

XVIII. RELEASE OF INFORMATION TO

. THE:"'MEDIA AND OTHER THIRD PARTIES
.', ' ~.,

The HPD may, at its discretion, communicate' the substance of this agreement to organizations
and groups expressing an interest 'ih the law:'enforcement activities to be engaged in under this
MOA. It is the practice of ICE to pI"qvide a coW of
this MOA, only after it has been signed, to
requesting media outlets; the HPDis ~uthorf2:~d tb .40 the same.

The HPD hereby agr~es to coo~~1Ji:A~j~i!~r::f.~~~b~ t? releasing any in~ormation rel~ting to, ~r
exchanged under, thiS MOA, lilClUcitI1g lapf-SOPs' developed for the ImplementatIon of thiS
MOA. Information obtained or de'\le:loped!~s"a' result of this MOA is under the control of ICE
and shall be subject to public disclosure only pursuant to the provisions of applicable federal
laws, regulations, and executive orders. Insofar as any documents created by the HPD contain
information developed or obtained as a result of this MOA, such documents shall not be
considered public records. . ,: '.'

The release of statistical information regarding the 287(g) program must be coordinated with the
ICE Office of Public Affairs. The. HPD Herehy agrees to coordinate with ICE regarding
information to be released to the il1]~:gia;rYS~fgi~~.,~y.~ions taken under this MOA. In the Task
Force model setting, all contactjJ'.i\~.,·1~~: Qj~~ra:, i~yolving investigations conducted under this
MOA by Task Force Officers (Tl"QYwilJ beAbne pursuant to ICE policy. The points of contact
for ICE and the HPD for this Purpo~1;rre. ~q~~tified in Appendix C.

Appendix B to this MOA describes the complaint procedures available to members of the public
regarding actions taken by participa~i~g ~I?.~~t~o~nel pursuant to this agreement.
',1· 1~ .: .\. 1,-11k . ,
."" . .
XIX. MODIFICATIONS TO THIS MO~,'

Modifications to this MOA iil" and approved and signed by the

signatories. Modification to ~P~~ff9ix·)jt:~s.Wan:1be done in accordance with the procedures
outlined in the SOP.

XX. POINTS OF CONTACT

 ICE and HPD points of contact for purposes of.thi's MOA~are identified in Appendix A. Points
of contact (paC) can be updated at any time by,,~P.roYiding .. a',revised Appendix A to the other
party to this MOA.

XXI. DURATION AND TERMINATION OF THIS MO!,-

"
This MOA will remain in effect for three (3) years from the date of signing unless terminated
earlier by either party. At the expiration of the three year. effective period, ICE and the HPD
shall review the MOA and modify, extend, or permit theMOA to lapse. During the MOA's
effective period, either party, upon written notice to the other party, may terminate the MOA at
any time. A termination notice shall be delivered personally or by certified or registered mail
and termination shall take effect immediately upon receipt of,such notice .

Either party, upon written or oral notice to the::~ther 'party;,:may temporarily suspend activities
under this MOA when resource constraints or 'coinp~~ing prio'rities necessitate such suspension.
Notice of termination or suspension by ICE shaH"~e"'grven t~'the HPD.

Notice of termination or suspension by the to the SAC, Boston, MA. Upon a

good faith determination that the HPD is not fulfilling its duties, ICE shall notify the HPD, in
writing, and inform the HPD that it has 90 days to'demonstrate a continued need for 287(g)
program services. If this continued need is not demonstrated by the HPD, the authorities and
resources given to the HPD pursuant to this MQA! Wi~l :i?tFterminated or suspended. Upon a
subsequent
• •
demonstration
•
of need, all costs ~~ re~t1siate accc~~.:.tQ such authorities and/or program
services Will be Incurred by the HPD.

This MOA does not, is not intended to, shall· not be .construed to, and may not be relied upon to
create any rights, substantive or procedural, enforceable at law by any person in any matter, civil
or criminal.

By signing this MOA, each party represents it is fully authorized to enter into this MOA, accepts
the terms, responsibilities, obligations, and limitations of this MOA, and agrees to be bound
thereto to the fullest extent allowed by law.

John Morton
· q~Ac4~~ .. il··

Jas~~'~avpie
Assistant Secretary Chief of Police·
Immigration and Customs Enforcement .,.;~~~§~~ ~81i~e~~:~~~rt~ent
Department of Homeland Security ,.Hud~9n, .New:Jlainpshlre

10
 ./ROINtS:~.OFJ(:::ONTACT

The ICE and HPD points of contact for purposes of implementation of this MOA are:

For the HPD: Captain Bill Avery (Operations Commander)

Hudson Police Depart~ent .
1 Constitution Avenue '.
Hudson, New Hampshire
Office Telephone: (603)866-6011
Cell Phone: (603) .~!~'I\i~~~'i,
..~ ~ ~", .
For ICE 01: Program Manager Kenneth J. ~acDonald
ICE, Special Agent in·Charge '
10 Causeway Street, Room 722
Boston, MA 02222
Telephone: 617 565 7394
Email: Kenneth.J .M~cDonald@q~s.gov

11
 APPENDIXB
. .:~:: .
COMPLA~,.f~~\CE~~.

This Memorandum of Agreement (MOA) is between. the ~S Department of Homeland Security's

! ".

• • l
ImmIgratIOn and Customs Enforcement (I~E) and the Hudson Police Department, (HPD),
pursuant to which selected HPD personnel are autho~ized);o perform immigration enforcement
duties in specific situations under Federal authority. As' 'such, the training, supervision, and
performance of participating HPD personnel pursuant to the MOA, as well as the protections for
U.S. citizens' and aliens' civil and constitutional rights, are to be monitored. Part of that
monitoring will be accomplished through these complaint. reporting and resolution procedures,
which the parties to the MOA have agreed to fol.lb~.

The !"f0A sets forth the process for d7,~!~~~~{§~~~t{fijri.~~~~.RP?ification, .and auth~rization .of
certam HPD personnel to perform certal,n 'llTlnl~gratl9ll,e~~ft,einent functions speCified herem.
Complaints filed against those personneli'n" the/~f6titse' '61."'their non-immigration duties will
remain the domain of the HPD and be handled 'in ;accotdanc~ with the HPD's Manual of Policy
and Procedures, or equivalent rules, regulations~".br. prc>d~dur~s'~
, I ''''

If any participating HPD personnel are the subject of a complaint or allegation involving the
violation of the terms of this MOA or a complaint or ~lllegation of any sort that may result in that
individual receiving employer discipline or ,becomil)g ,the:subject of a criminal investigation or
civil lawsuit, the HPD shall. to the extent aHowed by State'!laW. immediately notify ICE of the
existence and nature of the complaint or allegati'Qri.:· The tesults of any internal investigation or
inquiry connected to the complaint or allegation and the resolution of the complaint shall also be
promptly reported to ICE. The ICE notifications should be made to the Special Agent in Charge
(SAC), Boston, MA. Complaints regarding, the exerc.ise of immigration enforcement authority
by participating HPD personnel shall be handled as describ¢,d below.

The HPD will also handle complaints filed against HPD personnel who are not designated and
certified pursuant to this MOA but are acting in immigration functions in violation of this MOA.
Further, any such complaints regarding non-designat~d HPD personnel shall be forwarded to the
SAC, Boston, MA.
'
In order to simplify the process for the p,4.blj~jiWQqmJain't~fr·~~~i:rst participating HPD personnel
relating to ~heir immi~ration enforcemen(can'~~.'/~f?rte~{j{l':',the following manner "Complaint
and AllegatIOn ReportIng Procedures."

12
1. Complaint and Allegation Reportiri' Procedures.
, ", ~
g'. 1."

Complaint reporting procedures·I;~6~a."ji, be' ·dJs~.emYlJated by the HPD within facilities under its
jurisdiction (in English and othe'r ·laf.lk\iag~s·a.rapp}oprlate) in order to ensure that individuals are
aware of the availability of such pr6~edure's: . Such reporting procedures shall also be included
within facility manuals for detainees who have been processed under the 287(g) program. Such
material must include up-to-date contact information necessary to file the complaint.

Complaints will be accepted from ~ny source (e.g., ICE, HPD, participating HPD personnel,
inmates, and the public). ICE will"irnmediately forward a copy of the complaint to the DHS
Office for Civil Rights and Civil Liberties (CRCL) Review and Compliance.

Complaints can be reported to Federal author;ti.es ,as follows:

~ 1'~;" I {04: :';' >-.:~ ...~.~ '.: ~ j:&;,\ "

A. Telephonically to the DHS· .Office of the Inspector General (DHS 010) at the
toll free number J:~00~323~8603, or

B. Telephonically to the I<;:E OPR at the Joint Intake Center (JIC) in

Washington, D~C", at· the . . toll-free number 1-877-246-8253, email
[email protected]~ or :

C. Via mail as follo~ .

Departmtmt qf Hqp1el~l1~d 'Security
Immigr~a\)~ ;lU\{J«(t(o'jt~ffi~:'Enforcement
Office ofl7.~fes·si8acill~esponsibility
P.O. BoX"i'~475' : .
Pennsylvania Aven'ue NW
Washington D.C. 20044

2. Review of Complaints

All complaints or allegations (written or oral) reported to the HPD directly that involve HPD
personnel with ICE delegated ~~.!~~;ijy·~~i1};~~:r.~ported to ICE OPR. ICE OPR will verify
participating personnel status undeftlle' ~OA'witli'the assistance of the SAC of the ICE Office
of Investigations in Boston, MA:~':' 'C;omplaii]is received by any ICE entity will be reported
directly to ICE OPR as per existing.lrtE poliCies and procedures.

ICE OPR, as appropriate, will ~ake an:'

i~itial determination regarding ICE investigative
jurisdiction and refer the complain~ Jo' the"appP6priate ICE office for action as soon as possible,
given the nature of the complaint. :~; . .'~.::'

be
Complaints reported directly to 'le~"6PR':~ili~ shared with the HPD's Internal Investigations
Unit when the complaint involv~s~:~~[).'p~f~qrttt~f/i~·o'ih offices will then coordinate appropriate
investigative jurisdiction, which·;llia.9./ir1~lq~~Jrhtiation of a joint investigation to resolve the
Issue
•
s.
( )

. 13
3. Complaint and Allegations Resolution Procedure~
, \. .:. I f '

Upon receipt of any complaint or allegation,.ICE OPR :wi~l.uhdertake a complete review of each
complaint in accordance with existing ICE allegation criteria and reporting requirements. As
stated above, the ICE OPR will adhere to the reporting requirements as stated above and as they
relate to the DHS OIG and CRCL andlor the DOJ CRD. ,C;::omplaints will be resolved using the
existing procedures, supplemented as follows': ' '

A. Referral of Complaints or Allegations to the HPD's Internal Investigations

Unit.

The ICE OPR will refer c?m~l'\~!-l~~('~' ~pp;f6.Wfiat~, involving H.P.D personnel to
th~ ~PD's Internal Investlga~we.t\:H~~:l~Mtt~e~~:utlon .. The faclhty com~ander
Will mform I~E OPR ofJh~~A~~p?,~,~~~0n ,w.q~~r~solut1on of any complamts or
allegations agamst HPD's parti<;:~Plat,ing offic¢rs .. ,
. .: \.~.
B. Interim Action Pending c.o,rnp~~,J;lr~~so~~~i~n
.~
When participating HPD personnel ar~ u'nder investigation for any reason that
could lead to disciplinary action, dcmpdQn" lOr (dismissal, or are alleged to have
violated the terms of this MOA, ICe may revoke that individual's authority and
have that individual removed from p.artici pat i,on.in the activities covered under the
MOA .

C. Time Parameters for Resolution of Complaints or Allegations

It is expected that any complaint received will be resolved within 90 days of

receipt. However, this will depend upon the'nature and complexity of the
substance of the complaint itself.

D. Notification of Resolution of a Complaint or Allegation

ICE OPR will coordinate w~th ~h(}:HPP',~ I~t~rpa.l, Investigations Unit to ensure
notification as appropriate to th~a~E)~A.q,1,(W~~.ton, MA, the subject(s) of a
complaint, and the person tUirig t,fie"cbmp(aiht .regarding the resolution of the
•
complamt.

These Complaint Reporting and Allegation Proced1:lres'are,ICE's internal policy and may be
supplemented or modified by ICE unilaterally; reE' wm:
provide HPD with written copies of any
such supplements or modifications. These Complaint Repdi1ing and Allegation Procedures
apply to ICE and do not restrict or apply to other irtvestigat~ve organizations within the federal
government.

14
Pursuant to Section XVIII of this MOA, the signatories agree to coordinate appropriate release of
information to the media regarding .actions taken under this MOA before any information is
released. The points of contact for coordinating such activities are:

For the HPD:

Public Affairs Officer

For ICE:

Public Affairs Officer Paula Grenier ~

Office of Public Affairs and Intefn~:}·:<;:orrlb1Gk.f~~tibn . .;...
U.S. Department of Homeland S~'~ii~i~
U.S. Immigration and Customs Ehfbrbement
Telephone: (781) 359-7523
Email: [email protected]

15
 '

APPENDIXD

STANDARD OPERATING·~·flQP~-Q.'J.m~/·~·OP) TEMPLATE

The purpose of this appendix is to establish s~apdard, .uniform procedures for the implementation
and oversight of the 287(g) delegation of authority program within the Special Agent in Charge
(SAC), Boston, MA and the HPD area of responsibility: : This appendix can be modified only in
writing and by mutual acceptance of the SAC, the Superint~~dent, HPD, ICE OSLC and ICE
OPLA.

There are two models for the 287(g) program, a Task Force Officer (TFO) model or a Detention
model. Pursuant to this MOA, HPD has been de,l~.g.~t~d;autr\>!.ities under the TFO model as
outlined below.

Prioritization:

ICE retains sole discretion in determining ho.w;~i!;yvil.(~ari.~8.~ its limited resources and meet its
mission requirements. To ensure resource~ ar~fp1~~,aged effectively, ICE requires the HPD to
also manage its resources dedicated to 287(g), authority under the MOA. To that end, the
following list reflects the categories of aliens that ar~, a, pric;>r:ity for arrest and detention with the
highest priority being Level 1 criminal aliens. Resources stio.uld be prioritized to the following
levels: .

o Level 1 - Aliens who have been' 'convicted of or. !arrested for major drug offenses
and/or violent offenses such as murder, manslaughter, rape, robbery, and kidnapping;
o Level 2 - Aliens who have been convicted of 'or arrested for minor drug offenses
and/or mainly property offenses such as burglary, larceny, fraud, and money laundering;
and
o Level 3 - Aliens who have been convicted of or arrested for other offenses.
Training:

The 287(g) training program, the Immigration .A~~hority ~~~egation Program (IADP), will be
taught by ICE instructors and tailored to the imrnigration fun~tlQns to be performed. ICE Office
of Training and Development (OTD) will pr6·ctor:·;·exami~ations during the IADP. The HPD
nominee must pass each examination with; a ll}inimum store of 70 percent to receive
certification. If the HPD nominee fails to attain a 70 "percent rating on an examination, the HPD
nominee will have one opportunity to remed;:a~e.' the testing material and re-take a similar
examination. During the entire duration of the IADP, th.e· HPD nominee will be offered a
maximum of one remediation examination. Failure to achieve a 70 percent on any two
examinations (inclusive of any remediation examination), will result in the disqualification of the
HPD nominee and their discharge from the IADP.

16
Training will include, among othei'~fopics~\:'(i~ discussion of the terms and limitations of this
MOA; (ii) the scope of immigrati9.~foffic~r ailthoritY.; (iii) relevant immigration law; (iv) the ICE
Use of Force Policy; (v) civil rlg~i~ laWs;':(vi); ,the U.S. Department of Justice "Guidance
Regarding the Use Of Race By F~4~ral·' Law Enforcement Agencies," dated June 2003; (vii)
public outreach and complaint procedures; (viii) 'liability issues; (ix) cross-cultural issues; and (x)
the obligation under Federal law and the Vienna Convention on Consular Relations to make
proper notification upon the arrest or detention of a foreign national.

Approximately one year after the partfcipating HPD personnel are trained and certified, ICE may
provide additional updated training on relevant administrative, legal, and operational issues
related to the performance of immigration ,offlcer functions. Local training on relevant issues
wiII be provided as needed by ICE supervisors or designated ICE team leaders. An OSLC
designated official shall, in consu,~tation ~.it~, ()TO ,and local ICE officials, review on an annual
basis and, ifneeded, refresh training' requiremeiits~'J \ .
"

Trained HPD personnel will recet·y.~, as' ,needed, a DHS email account and access to the
necessary DHS applications. The use of the information technology (IT) infrastructure and the
DHSIICE IT security policies are defined in the Interconnection Security Agreement (ISA). The
ISA is the agreement between IC~ Chief)riformation Security Officer (CISO) and HPD
Designated Accreditation Authqrity}'(DAAl.'::HPJ? agrees that each of its sites using ICE-
provided. network access or equip~~~~ ~9J,~~~ri (\ge,J~~, which defin~s t~e IT pol~cies and rules
of behavIOr for each user grante~ a:dp~~s to t'h<ci,1:1j4S"network and applIcations. Failure to adhere
to the terms of the ISA could res#tl~gt~l\~;~tj:~j¥~:rfll\~~~~r privileges.
Data Collection:

ENFORCE is the primary processing system for alien removals and is the main resource for
statistical information for the 287(g) program. All ENFORCE entries must be completed in
accordance with established ICE poliG~s and adhere to OSLC guidance .
. fL.. . . ~

ICE does not require the HPD to provide statistical or arrest data above what is entered into
ENFORCE; however, ICE reserves the right to request specific tracking or arrest data be
maintained and provided for comparison and verifi~ation with ICE's own data and statistical
information. This data may alsobel'~~ed td.t;I~~s; ~#tistical reporting requirements or to assess
the progress and success of the ~~;g2~1(gj'p1dg;.~m.

The HPD and ICE are each resportsible for' compliance with the Privacy Act of 1974, as
applicable, and related system of ir~'cordsE~'nbtices with regard to data collection and use of
information under this MOA. TheJapplicabl~l ~y~tems of Record Notice for privacy compliance
is the ENFORCE Systems ofRecords:Notiqe,.1~:FR'13987, dated March 20, 2006.

17
TASK FORCE OFFICER ITFO) MODEL:
.
Participating HPD personnel performing impt;igr~t!9n~t~l<;lj~~~-i1~ties pursuant to this MOA will
be HPD officers certified and authorized by ICE,,'and ass~gned to operations supported by ICE.
Those participating HPD personnel will exer:cise their immigration-related authorities during the
course of criminal investigations involving aliens encountered within the HPD jurisdiction or as
directed by the SAC. ' ' . ":I~~:,,;

The participating HPD personnel are authorized to perform the following functions in the
investigation, detention, and removal of aliens in the United States as allowed for the TFO model
(INA 287(g», pursuant to the tiered level of priorities set f~rth in Appendix D's "Prioritization"
section

• The power and authority to interview: illiY.fp.~rso~ re~di1)bly believed to be an alien about
his right to be or remain in the Uh'ited S'tate~'~and tt:>:;take into custody for processing an
alien solely based on an immigr3:tion viqlation nNA §§ 287(a)(l) and (2» will be
delegated only on a case-by-case bAsis~;':'to 'exer2.il~~such authority, a TFO first must
obtain approval from an ICE supervisbr~'\¥hhwHI approve the exercise only to further the
priorities of removing serious criminals, gang'members, smugglers, and traffickers and
when reasonable suspicion exists to believe" the alien is or was involved in criminal
activity. When an alien is arrested for the yiolatiori ,o~'a criminal law, a TFO may process
that alien for removal subject to ICE superv.,ision as outI;ned in this agreement;

• The power and authority to arrest- 'W'idlout'; wah'ant' 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,' if there is reason to believe that the
person so arrested has committed such felony an~ jf. there is likelihood of the person
escaping before a warrant can be obtained (INA § 287(a) (4) and 8 C.F.R. § 287.5(c) (2».
Arrested individuals must be presented to a federal magistrate judge or other authorized
official without unnecessary delay (INA § 287(a) (4); Fed. R. Crim. P. 5). Notification of
such arrest must be made to ICE within twenty-four, (~~) hours;

• The power and authority to arrest for' ap~';c.R~igal,~st~~s~, against the United States if the
offense is committe~ in the offic7r':s,!~t~~~'~~d~,4~~~~. to INA 287(a)(5)(A) and 8
C.F.R. § 287.5(c)(3),

• The power and authority to execute ,s¢arch w~rrari~s pursuant to INA § 287(a) and 8
C.F.R. § 287.5(e)(l);

• The power and authority to serve arrest warr~ri~ for, ,immigration violations pursuant to
INA § 287(a) and 8 C.F.R. § 287.5(e)(3);

• The power and authority to admini~t~r!?~!.~~.. ~n~,;tij t~~ and consider evidence (INA §
287(b) and 8 C.F.R. § 287.5(a)(2»);-; to. i~~r.n.PJ¢t~!~'n,¢ijtiired criminal alien processing,
including fingerprinting, photographing, 'and interviewing of aliens, as well as the
preparation of affidavits and the takirig, of sworn statements for ICE supervisory review;
.

18
 • The power and authority tOrprepare charging documents (INA § 239, 8 C.F.R. § 239.1;
INA § 238,8 C.F.R § 238.1; INA'§'241(a)(5), 8 C.F.R § 241.8; INA § 235(b)(l), 8
C.F.R. § 235.3) including the preparation of a Notice to Appear (NTA) application or
other charging document, as appropriate, for the signature of an ICE officer for aliens in
categories established by ICE supervisors;

• The power and authority to issue immigration detainers (INA § 236, INA § 287, and 8
C.F.R. § 287.7) and Form 1-213, Recor~ ofD.eportablennadmissible Alien, for processing
aliens in categories establishe~ by ICE 'supervisors; and

• The power and port

(INA § 287(g) (I) and 8 C.F.R. §
287.5(c) (6)) arrested aliens'subject to·removal to ICE-approved detention facilities.

As noted under Appendix D's section, ICE requires the HPD to focus its use of
the 287(g) program in accord with ICE's p{ioriti~s.
'
Supervision:

A 287(g) delegation of authority task ,force to proactively respond to, identify, and
remove criminal aliens that residefwlthin the;HRI)'s'jurisdiction pursuant to the tiered level of
priorities set forth in Appendix D'~'~~i~or~~i~~~~~~~' ~eqtion. The following identifies each
entity's roles and responsibilities.·'·~'~se tol~lari-H responsibilities include, but are not limited to:

If the HPD conducts an interview and verifies identity, alienage, and deportability, they must
contact the ICE, RAC, Manchester for arrest approval. No arrest for a violation of Title 8 is to
be conducted by an HPD officer with9ut prior approval from the ICE supervisor .
.,

The HPD is responsible for ensuring prbper record checks have been completed, obtaining the
necessary court/conviction documents~ and, upon arrest, ensuring that the alien is processed
through ENFORCEnDENT and se~ed with t~~ appropriate charging documents.

Prior to an HPD conducting any'~a~~bed'ipl'~~hbd\Bhforcement operation that will involve the

use of its 287(g) delegation of auth'ority,ihe HPD must provide the ICE supervisor with a copy
of the operations plan, and the SAC,'<:>r his designee, must concur and approve with the plan
prior to it being initiated.

The ICE supervisor is responsible for· requ·esting.~lien files, reviewing alien files for
completeness, approval of all arrests;;~nd TEtS;~he·cks. and input. The SAC, Boston office is
responsible for providing the HPD. with·curr~n.t.and updated DHS policies regarding the arrest
and processing of illegal aliens .
:.

On a regular basis, the ICE supe;Vi~Jr.rls re~#p.Yt~i~~ie:for conducting an audit of the

IDENTIENFORCE computer systerrt.1eritries indrecords made by the LEA officers. Upon
review and auditing of the IDENTIENFORCE computer system entries and records, if errors are
found, the ICE supervisor will communicate those errors in a timely manner to the responsible

~J~
official for the HPD. The ICE supervisor will notify the HPD of any errors in the system and the
HPD is responsible for submitting a plan to ensure that steps are taken to correct, modify, or
prevent the recurrence of errors that are discQ,v¢red.

ICE will provide the HPD with guidance for presenting any criminal prosecution cases that are
referred for Federal prosecution.

Consistent with applicable standard operating procedures, the creation of an A-file cannot be
completed until the A-file is signed by the appropriate ICE supervisor. A-files can be maintained
at an HPD facility as long as there is an ICE representative assigned to that facility and that
representative has a work area where documents can be adequately secured. Representatives
from DHS must be permitted access to the facility wh~re ICE:,records are maintained.

Nominated Personnel:

HPD candidates working with task force operations shall h~v'~"~owledge of and have enforced
laws and regulations pertinent to their law enforcement activities and their jurisdictions. The
applicants should have a minimum of one year qfJaw enfor,cement experience that includes
experience in interviewing witnesses, interrogating sU,bjects, pro'viding constitutional rights
warnings, obtaining statements, and executing search,and seizure warrants. An emphasis should
be placed on officers who have planned, organized, and 'conducted complex investigations
relating to violations of criminal and civil law.

Points of Contact

The operational points of contact for ICE are as follows:

Resident Agent in Charge Mark Furtado

ICE, Manchester
811 Canal Street
Manchester, NH 03101
Office Telephone: (603)625-5276
Cell Phone: (603)765-4705

Senior Special Agent Phil Bleezarde

ICE, Manchester
811 Canal Street
Manchester, NH 03101
Office Telephone: (603)625-5276
Cell Phone: (603) 765-4706

20