The Otsego County Sheriff’s Department has entered into an agreement with U.S. Immigration and Customs Enforcement, or ICE, to train law enforcement officials to take on certain duties of an immigration officer.
The Sheriff’s Department signed a memorandum of agreement for the Warrant Service Officer Program on Oct. 17. The goal of the collaboration, according to the MOA, is to “promote public safety” by organizing the transfer of undocumented immigrants in jail or correctional facilities to ICE.
Sheriff Richard Devlin Jr. said Wednesday, Nov. 26 that the program specifically targets people previously detained on other charges, likely local charges, who would otherwise be released from the county jail. It allows the county to hold the incarcerated individual for an additional 48 hours so that ICE can pick them up. He added that jail supervisors are trained to be part of the program.
“We are identifying individuals in custody and are wanted by ICE. This way, they aren’t getting released back into the community,” Devlin said.
He said it is meant to keep the community safe, pertaining to the jail only. Devlin called it a “limited program.”
“It will give us the option to hold them and to make arrangements with ICE,” Devlin said.
Participating law enforcement agency, or LEA, officials, under the MOA, are permitted to serve and executive arrest warrants for immigration violations on undocumented immigrants at LEA jail or correctional facilities at the time of their release from custody to transfer them to ICE.
Additionally, LEA officials can serve warrants of removal on undocumented immigrants in LEA jail facilities at the time of their release from custody “that executes the custodial transfer of the alien to ICE for removal purposes,” the MOA stated.
Upon transfer of custody to ICE, the MOA stated, a person can continue to be held in jail facilities for no more than 48 hours, unless there is an agreement in place for the LEA to continue detaining an individual.
“In the absence of an agreement, if the alien is not transferred to an ICE field office or an immigration detention facility within 48 hours, the alien shall be released from the LEA jail/correctional facility,” the MOA stated.
The MOA stated that LEA officials have the authority to detain and transport those arrested “pursuant to immigration laws to ICE-approved detention facilities,” upon the request of an ICE officer.
Any law enforcement agency personnel participating in the program must undergo training provided by ICE on the functions they would be performing as part of the collaboration, according to the MOA.
It stated that law enforcement personnel will be nominated and trained “to perform certain limited functions of an immigration officer within the LEA’s jail/correctional facilities.”
All candidates for ICE training are mandated to be U.S. citizens, have enforced laws related to their law enforcement activities and have been trained to maintain the security of LEA facilities, the MOA stated. It added that each nominee must pass a final examination and earn a score of 70% or higher to be certified.
“Immigration enforcement activities conducted by participating LEA personnel will be supervised and directed by ICE,” the MOA stated. “Participating LEA personnel are not authorized to perform immigration officer functions except when working under the supervision or direction of ICE.”
According to the MOA, the LEA is responsible for any personnel expenses, like salaries, benefits and local transportation. ICE provides instructors and training materials.
Otsego County is one of eight counties in New York state, out of 62, to collaborate with ICE through one of three programs. The other counties are Broome, Madison, Nassau, Niagara, Rensselaer, Steuben and Cattaraugus.
Devlin said overall, the program “enhances community safety,” enabling the sheriff’s office to “work with ICE to remove potentially threatening individuals.”
Once both parties sign, the MOA becomes effective and remains in effect until either party provides notice of termination or suspension of the MOA through a 90-day written notice.