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Home My WebLink AboutCC AG PKT 2010-09-13 #B AGENDA STAFF REPORT DATE: September 13, 2010 TO: Honorable Mayor and City Council THRU David N. Carmany, City Manager FROM: Jeff Kirkpatrick, Chief of Police SUBJECT: COSTS OF A "RULE OF LAW CITY" PERTAINING TO IMMIGRATION ENFORCEMENT (Antos). SUMMARY OF REQUEST: This report is provided in response to a request by Councilmember Antos to determine the cost to the City of Seal Beach if it were to declare itself a "Rule of Law City." BACKGROUND: On June 14, 2010, Councilman Antos encouraged the City of Seal Beach City Council to consider declaring the City of Seal Beach a "Rule of Law City." At the meeting, Chief of Police Jeff Kirkpatrick provided a presentation regarding the parameters of a "Rule of Law City." Subsequently, Council voted 5 -0 to receive and file the report. No further direction was given. Councilman Antos later requested specifics as to the cost to the City of Seal Beach if it were to declare itself a "Rule of Law City." ANALYSIS: If the City of Seal Beach were to make a "symbolic gesture" in support of federal immigration laws and adopt a resolution declaring itself a "Rule of Law City," there would be no fiscal impact. This option does not require a change in the Police Department's current policies and procedures as they relate to immigration enforcement. The City of Seal Beach Police Department's (SBPD) current practice is already cooperative to the mission of the U.S. Immigration Customs Enforcement (ICE). All arrestees are fingerprinted through the Cal -ID system in the Seal Beach Detention Center. The fingerprints are checked through an ICE data bank and ICE will notify the SBPD that a person in its custody is possibly in the country illegally. As a matter of practice, when Seal Beach Police employees are notified Agenda Item B Page 2 of such information, the subject is detained and released to the custody of ICE officials. Suspects booked into the Orange County Jail by the SBPD are automatically screened at the Orange County Jail as to their immigration status. If the City of Seal Beach wishes to take a more proactive position to immigration enforcement, it could seek to enter into a Memorandum of Agreement (MOA) with the U.S. Immigration and Customs Enforcement through the ICE 287 (g) Program (Fact Sheet attached). Under a joint MOA the ICE 287 (g) program allows state and local law enforcement entities to enter into a partnership with ICE. Currently the only'Orange County law enforcement agency participating in the ICE 287(g) program is the Orange County Sheriffs Department. The training requirements for officers selected to participate in the ICE 287(g) program include attending a four -week training program at the Federal Law Enforcement Training Center (FLETC) in Charleston, South Carolina. The cost of travel, room and board, and training is covered through the ICE 287(g) program. Only Officers trained by ICE will be able to lawfully stop, detain, and interview those people whose immigration status might be questionable. If the officer determines the detainee is in violation of United States immigration laws the officer would prepare a report for ICE, and if necessary, arrest, transport, and book the suspected violator into federal custody for violation of immigration laws. For such a program to be effective, every full -time Police Officer assigned to the Patrol and Detective Bureaus (29), and every Senior Community Services Officer assigned to the Detention Bureau (8) would require the ICE training. Should the City enter into an MOA with ICE, it would be required to send 29 Police Officers, and all eight of the Senior Community Service Officers (CSO's), assigned to the Seal Beach Detention Center, to the ICE training in South Carolina. This would amount to 148 weeks of training (5,920 staff hours), outside the State of California. It would take several years to complete the ICE training; based on the piecemeal rate the SBPD could release staff for the training. The Seal Beach Police Department staff would have to create and adopt new policies and procedures as to the booking of all prisoners into the Seal Beach Detention Center. New policies relating to foreign nationals and immigration violations would need to be developed. Page 3 FINANCIAL IMPACT: The cost to send 29 Police Officers to training, each for four weeks, is minimally estimated to be $196,765. This figure is based on the salary and benefits of a Police Officer at top step salary. It does not account for the differences in rank or position pay, such as for Corporals and Sergeants. The cost to send eight Senior Community Service Officers to training for four weeks is approximately $50,192. This figure is based on the salary and benefits of a Senior CSO at top step salary. Additional costs would include: • Backfill overtime to cover work shifts for those who are absent while attending training. The cost of overtime will be based on the number of personnel attending training and the SBPD staffing. • There is also an indeterminate cost to the interviewing and processing of suspected illegal immigrants. The SBPD does not currently track the immigration status of persons booked into the Seal Beach Detention Center so this number is not known at this time. • There is also an undetermined cost of staff time to change current policies and the staff time involved to enter into an MOA with ICE. RECOMMENDATION: It is recommended that the City Council: 1. Receive and file this report; and /or 2. Provide direction to the City Manager, as appropriate. SUBMITTED BY: NOTED AND APPROVED: irk•atrick, Chid • Police David N. Carbany, City Manager Attachments: A. ICE 287(g) Fact Sheet Office o /Vablic d(/airs U.S. Department of homeland Security -PA : :, U.S. Immigration (1 and Customs -0, Enforcement c CT S -. l T Updated: January 21, 2010 The ICE 287(g) Program: A Law Enforcement Partnership U.S. Immigration and Customs Enforcement (ICE), the largest investigative agency in the Department of Homeland Security (DHS), is responsible for enforcing federal immigration laws as part of its homeland security mission. ICE works closely with federal, state and local law enforcement partners in this mission. The 287(g) Program, one of ICE's top partnership initiatives, allows state and local law enforcement entities to enter into a partnership with ICE, under a joint Memorandum of Agreement (MOA), in order to receive delegated authority for immigration enforcement within their jurisdictions. The 287(g) Program has emerged as one of the agency's most successful and popular partnership initiatives as more state and local leaders have come to understand how a shared approach to immigration enforcement can benefit their communities. ICE ACCESS: A Partnership Approach The 287(g) Program is one component under the ICE ACCESS (Agreements of Cooperation in Communities to Enhance Safety and Security) program umbrella of services, which provides local law enforcement agencies an opportunity to team with ICE to combat specific challenges in their communities. ICE developed the ACCESS program in response to widespread interest from local law enforcement agencies who have requested ICE assistance through the 287(g) Program, which trains local officers to enforce immigration law as authorized under section 287(g) of the Immigration and Nationality Act. Terrorism and criminal activity are most effectively combated through a multi- agency /multi- authority approach that encompasses federal, state and local resources, skills and expertise. State and local law enforcement play a critical role in protecting our homeland because they are often the first responders when there is an incident or attack against the United States. During the course of daily duties, they often encounter foreign -born criminals and immigration violators who may pose a threat to national security or public safety. January 2010 1 History of 287(g) The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 added Section 287(g), performance of immigration officer functions by state officers and employees, to the Immigration and Nationality Act. This authorizes DHS to enter into agreements with state and local law enforcement agencies, permitting designated officers to perform immigration law enforcement functions, provided those officers receive appropriate training and function under the supervision of ICE officers. State and local officers, detectives, investigators and correctional officers work in conjunction with ICE. The purpose of this collaboration is to identify and process for removal criminal aliens who pose a threat to public safety or are a danger to the community. In addition, participating entities are eligible for increased resources and support in more remote geographical locations. Memorandum of Agreement (MOA) Memoranda of agreement are written so that the use of 287(g) authority is aligned with ICE priorities. An MOA defines the scope and limitations of the authority to be designated. It also establishes the supervisory structure for the officers working under the cross - designation and prescribes the agreed upon complaint process governing officer conduct during the life of the MOA. Under the statute, ICE will supervise all cross - designated officers when they exercise their immigration authorities. The agreement must be signed by the ICE Assistant Secretary, and the governor, a senior political entity, or the head of the local agency before trained local officers are authorized to enforce immigration law. Law Enforcement Agency Requirements for 287(g) Partnership • Agencies must enter into a Memorandum of Agreement (MOA) • Supervising political entity approval • Sufficient criminal activity involving removable foreign born individuals • The program must enhance the safety and security of communities focusing on the removal of criminal aliens who pose a threat to public safety or a danger to the community • Agencies must provide office space for ICE supervisor • Officers must attend a four -week training program Additional Evaluation Factors • Agency's proximity to ICE office • Number of alien encounters per month • Types of Encounters • Number of officers to be trained • Approved ICE detention space available Fact Sheet The ICE 287(g) Program: A Law Enforcement Partnership 2 www.ICE.gov /OSLC • Other ICE ACCESS programs or opportunities in area Officer Selection Requirements Participating officers in the 287(g) Program must meet the following minimum requirements: • U.S. citizenship; • Current background investigation completed; • Task Force Officers must have a minimum one year experience in law enforcement that includes experience in interviewing witnesses, interrogating subjects, providing constitutional rights warnings, obtaining statements, and executing search and seizure warrants; • Jail Enforcement Officers must have experience supervising incarcerated individuals; and • No disciplinary actions pending. Training Requirements ICE offers a four -week training program conducted by certified instructors at the Federal Law Enforcement Training Center (FLETC) ICE Academy (ICEA) in Charleston, S.C. 287(g) Results and Participating Entities Since January 2006, the 287(g) Program is credited with identifying more than 110,000 individuals, mostly in jails, who are suspected of being in the country in violation of immigration law. More than 1,10.1 officers have been trained and certified through the program under 71 active MOAs, as follows: \\ ""r='+?t zq �' �� '�,.F�wa 1 . r � .1 � (g! °s a'�^�Trymg .� Y - H ?.R"R^ x c a .... d, € Fagg �, .,,..,� , „287 A'lemoranda,of?AgreemgiVi t Ng u� s',r y r $ Mutually Signed Agreements (66) SUPPORT Original STATE LAW ENFORCEMENT AGENCY Date of TYPE Participation ALABAMA Etowah County Sheriffs Office JEO 7/8/2008 ALABAMA Alabama Department of Public Safety TFO 9/10/2003 ARKANSAS Benton County Sheriffs Office JEO & TFO 9/26/2007 ARKANSAS Rogers Police Department TFO 9/25/2007 ARKANSAS Washington County Sheriffs Office JEO & TFO 9/26/2007 ARKANSAS City of Springdale Police Department TFO 9/26/2007 ARIZONA City of Mesa Police Department TFO 11/19/2009 ARIZONA* Florence Police Department TFO 10/21/2009 Fact Sheet The ICE 287(g) Program: A Law Enforcement Partnership 3 www.ICE.gov /OSLC v �" t'' „�..„ ,,`go ,x,' 287 "N[emorangia reement gglo < _ ar ARIZONA Pima County Sheriff's Office JEO & TFO 3/10/2008 ARIZONA Maricopa County Sheriffs Office JEO 2/7/2007 ARIZONA Arizona Department of Corrections JEO 9/16/2005 ARIZONA Arizona Department of Public Safety TFO 4/15/2007 ARIZONA Pinal County Sheriff's Office JEO & TFO 3/10/2008 ARIZONA City of Phoenix Police Department TFO 3/10/2008 ARIZONA Yavapai County Sheriffs Office JEO & TFO 3/10/2008 CALIFORNIA San Bernardino County Sheriff's Office JEO 11/19/2005 COLORADO Colorado Department of Public Safety TFO 3/29/2007 COLORADO El Paso County Sheriff's Office JEO 5/17/2007 CONNECTICUT ** City of Danbury Police Department TFO 10/15/2009 DELAWARE* Delaware Department of Corrections JEO 10/15/2009 FLORIDA Bay County Sheriffs Office TFO 6/15/2008 FLORIDA Collier County Sheriffs Office JEO & TFO 8/6/2007 FLORIDA Florida Department of Law Enforcement TFO 7/2/2002 FLORIDA Jacksonville Sheriffs Office JEO 7/8/2008 GEORGIA Georgia Department of Public Safety TFO 7/27/2007 GEORGIA Hall County Sheriffs Office JEO & TFO 2/29/2008 GEORGIA Whitfield County Sheriffs Office JEO 2/4/2008 GEORGIA Cobb County Sheriffs Office JEO 2/13/2007 GEORGIA Gwinnett County Sheriff's Office JEO 10/15/2009 _ MARYLAND Frederick County Sheriffs Office JEO & TFO 2/6/2008_ MINNESOTA Minnesota Department of Public Safety TFO 9/22/2008 MISSOURI Missouri State Highway Patrol TFO 6/25/2008 NEVADA Las Vegas Metropolitan Police Department JEO 9/8/2008 NEW HAMPSHIRE Hudson City Police Department TFO 5/5/2007_ NEW JERSEY Hudson County Department of Corrections JEO 8/11/2008 _ NEW JERSEY ** Monmouth County Sheriffs Office JEO 10/15/2009 NORTH CAROLINA Durham Police Department TFO 2/1/2008 NORTH CAROLINA Cabarrus County Sheriffs Office JEO 8/2/2007 NORTH CAROLINA Gaston County Sheriffs Office JEO 2/22/2007 NORTH CAROLINA ** Guilford County Sheriffs Office TFO 10/15/2009 NORTH CAROLINA Mecklenburg County Sheriffs Office JEO .2/27/2006 NORTH CAROLINA Wake County Sheriff's Office JEO 6/25/2008 NORTH CAROLINA Alamance County Sheriffs Office JEO 1/10/2007 NORTH CAROLINA Henderson County Sheriffs Office JEO 6/25/2008 Fact Sheet The ICE 287(g) Program: A Law Enforcement Partnership 4 www.I CE.gov /OSLC i N: ttA MV.MgactiglAtthiNAT.614.44ii.i4:00fliattianniNgiagi OHIO Butler County Sheriff's Office JEO & TFO 2/5/2008 OKLAHOMA Tulsa County Sheriff's Office JEO & TFO 8/6/2007 RHODE ISLAND* Rhode Island State Police TFO 10/15/2009 SOUTH CAROLINA Beaufort County Sheriff's Office TFO 6/25/2008 SOUTH CAROLINA* Charleston County Sheriff's Office JEO 11/09/2009 SOUTH CAROLINA York County Sheriff's Office JEO 10/16/2007 TENNESSEE Davidson County Sheriffs Office JEO 2/21/2007 TENNESSEE Tennessee Highway Patrol / Department of TFO Safety 6/25/2008 TEXAS Carrollton Police Department JEO 8/12/2008 TEXAS Farmers Branch Police Department TFO 7/8/2008 TEXAS Harris County Sheriff's Office JEO 7/20/2008 UTAH Washington County Sheriff Office JEO 9/22/2008 UTAH Weber County Sheriff's Office JEO 9/22/2008 VIRGINIA Herndon Police Department TFO 3/21/2007 VIRGINIA Loudoun County Sheriffs Office TFO 6/25/2008 VIRGINIA Manassas Police Department TFO 3/5/2008 VIRGINIA Manassas Park Police Department TFO 3/10/2008 VIRGINIA Prince William County Police Department TFO 2/26/2008 VIRGINIA Prince William County Sheriffs Office TFO 2/26/2008 VIRGINIA Prince William- Manassas Adult Detention JEO Center 7/9/2007 VIRGINIA Rockingham County Sheriff's Office JEO & TFO 4/25/2007 VIRGINIA Shenandoah County Sheriff's Office JEO & TFO 5/10/2007 Active MOAs Pending "Good Faith" Negotiations (5) as of 1/05/2010 STATE LAW ENFORCEMENT AGENCY SUPPORT TYPE SIGNED CALIFORNIA Los Angeles County Sheriff's Office JEO 2/1/2005 CALIFORNIA Orange County Sheriffs Office JEO 11/2/2006 CALIFORNIA Riverside County Sheriff's Office JEO 4/28/2006 MASSACHUSETTS Massachusetts Department of Corrections JEO 3/26/2007 NEW MEXICO New Mexico Department of Corrections JEO 9/17/2007 New MOAs Pending "Good Faith" Negotiations (I) Fact Sheet The ICE 287(g) Program: A Law Enforcement Partnership 5 www.ICE.gov /OSLC STATE LAW ENFORCEMENT AGENCY SUPPORT TYPE SIGNED RHODE ISLAND ** Rhode Island Department of Corrections JEO * LEA officers have not yet been to 287(g) training * *LEA officers presently in 287(g) training and will graduate January 29, 2010 JEO = Jail Enforcement Officers TFO = Task Force Officers MOAs can be found on OSLC's website at www.ICE.gov /OSLC # ICE f U.S. Immigration and Customs Enforcement ;vas established in March 2003 as the largest investigative arm of the Department of Homeland Security. ICE is cotnprised offive integrated divisions thatform a 21st century law enforcement agency with broad responsibilities for a number ofkey homeland security priorities. Fact Sheet The ICE 287(g) Program: A Law Enforcement Partnership 6 www.ICE.gov /OSLC