Placement: Consent Agenda
Action Requested: Motion / Vote
title
Memorandum of Agreement Between the United States Immigration and Customs Enforcement (ICE) and the City of Port St. Lucie, for the Performance of Certain Immigration Enforcement Functions.
body
Submitted By: Leo Niemczyk, Chief of Police
Strategic Plan Link: The City’s Mission to enhance our community’s safety.
Summary Brief (Agreements/Contracts only)
1. Prepared by: United States Immigration and Customs Enforcement of the Department of Homeland Security.
2. Parties: City of Port St. Lucie; United States Immigration and Customs Enforcement (ICE) of the Department of Homeland Security.
3. Purpose: Port St. Lucie Police Department (PSLPD) personnel will be nominated, trained, and thereafter be approved by ICE to perform certain functions of an immigration officer under the direction and supervision of ICE within the PSLPD’s jurisdiction.
4. New/Renewal/Modified: New
5. Duration: Until MOU is terminated or suspended by either party.
6. Benefits to Port St. Lucie: Qualified officers can perform certain functions of an immigration officer to include interrogation, investigation, and detention. PSLPD personnel must complete mandatory training on relevant administrative, legal, and operational issues. In addition to the training, officers designated to participate in immigration enforcement will have access to investigative tools from ICE, the Department of Homeland Security, and other supporting agencies to assist with investigation and prosecution. PSLPD will pursue to completion the prosecution of any state or local charges before ICE proceedings are commenced. PSLPD will be eligible to apply for and receive federal funding which requires an active Memorandum of Agreement to qualify.
7. Cost to Port St. Lucie (Annual and Potential): Participating PSLPD personnel will carry out designated functions at PSLPD’s expense, including salaries and benefits, local transportation, and official issue material.
Presentation Information: N/A
Staff Recommendation: Move that the Council Approve and Authorize the Chief of Police to enter the Memorandum of Agreement Between the United States Immigration and Customs Enforcement (ICE) and the City of Port St. Lucie in Immigration Enforcement Functions.
Alternate Recommendations:
1. Move that the Council amend the recommendation and complete motion in the affirmative.
2. Move that the Council not approve, provide staff direction.
Background: Section 287(g) of the Immigration and Nationality Act (INA), codified at 8 U.S.C. § 1357(g), as amended by the Homeland Security Act of 2002, Public Law 107-296, authorizes the Secretary of Homeland Security, or her designee, to enter into written agreements with a State or any political subdivision of a State so that qualified officers and employees can perform certain functions of an immigration officer. This MOA constitutes such a written agreement and provides for PSLPD officers’ participation in task force operations.
Issues/Analysis: Section 908.103, Florida Statutes, prohibits local government entities and law enforcement from adopting a “Sanctuary policy” which means limiting or prohibiting the local law enforcement agency from cooperating with federal immigration agencies. Section 908.107, Florida Statutes, allows the Governor various enforcement mechanisms to address those policies. Section 908.104, Florida Statues encourages cooperation with federal immigration authorities.
Financial Information: Although grants are not guaranteed, PSLPD will have access to apply for and receive federal funding which requires an active Memorandum of Agreement to qualify.
Special Consideration: N/A
Location of Project: City of Port St. Lucie
Attachments:
1. Memorandum of Agreement 287(g) Task Force Model
2. Florida State Statute 908.107
3. Florida State Statute 908.104.
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 25078-01
Legal Sufficiency Review:
Reviewed by Daniella Margetic, Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.