| Written Directive No. 1.0.67 Subject: UNDOCUMENTED IMMIGRANTS AND ICE DETAINERS Distribution: Replaces: Effective a a 1172972018 Amended 17 Revised xo: 100 Lamont Ave, — BSVe"°F > azysy0018 Kalamazoo, Ml as Oe PURPOSE To establish guidelines for the proper treatment of undocumented immigrants who come into contact with members of the Kalamazoo County Sheriff's Office and the handling of U.S. Immigration and Customs Enforcement (ICE) Detainers by the Kalamazoo County Sheriff's Office Jail POLICY It is the policy of the Kalamazoo County Sheriff's Office to maintain a long standing professional partnership with all federal law enforcement agencies. In order to formalize policy and to ensure continued compliance with existing federal law, personnel assigned to the Kalamazoo County Sherif's Office are hereby instructed that they will adhere to and, when necessary, facilitate the following: A Ensure that agents of the United States acting under the color of law are given access to the Kalamazoo County Jail as professional visitors for the narrow purpose of permitting such agents, with official government identification, to meet with specific, named inmates who are or believed to be aliens, in violation of federal law, and to inquire as to such individual's right to be in or to remain in the United States. Ensure that when the Department of Homeland Security (DHS) provides a formal written request, one that is authorized by the Immigration and Nationality Act, seeking advance notice of the scheduled release date of a particular in-custody inmate/alien, to an officer of the Kalamazoo County Sheriff's Office (KCSO), the officer shall ensure that information is provided. Kalamazoo County Sheriff's Office Compliance with Federal Law, 8 USC 1373 Employees of the Kalamazoo County Sheriff's Office will verify the validity and if deemed valid will, therefore, honor an arrest warrant that has been issued by a federal judge or magistrate. When an Employee is engaging in the bond and/or release process, the Employee will treat a federal arrest warrant, that has been issued by a federal judge or magistrate, in the same manner in which they would treat an arrest warrant issued by a court of this state or any other state. Contact shall be made with the agency responsible for confirming the validity of the arrest warrant. If the agency will not/cannot confirm the validity of the arrest warrant, the warrant will be treated as ifit does not exist and the bond/release process will follow its normal course. In the event the agency is able to verify the validity of the arrest warrant, an inquiry will be made to determine if they intend to immediately come to that Kalamazoo County Jail and take custody of that individual. If the agency indicates they will not able to pick up the individual within 2 hours, the following shall occur: a. The officer will ask the agency whether the arrest warrant is for a felony charge or a misdemeanor charge. (1). If the arrest warrant is for a misdemeanor charge, the agency will be notified that the individual will be held no longer than 2 hours. The officer will further advise the agency that if pickup is not made by that time, the individual will be advised as to the existence of the arrest warrant and released. (2). If the arrest warrant is for a felony charge, the agency will be notified that the individual will be held until no later than 1200 hours the following day. The officer will further advise the contact person that any other time delay must be discussed in advance with the Jail Sergeant or OIC, who will seek authority from a command officer. This section includes holidays and weekends. If the agency does not arrive within the specified time frame and the agency has not contacted the Kalamazoo County Sheriff's Office to explain the reason and request an additional short-term delay, the individual will be processed as if the federal arrest warrant does not exist. NOTE: In the event of extenuating circumstances, the OlC/Sergeant on duty may exceed the time limit specified below. ‘Two copies of sample federal arrest warrants are provide as attachments to this order. Note that the forms are similar, but not exactly uniform. Each indicates that the warrant is out of the United States District Court for the Eastern District. Both have a signature line that is followed by a line that identifies the name and title of the authorizing judge or magistrate. One copy has a form number on it, and the other does not. Kalamazoo County Sheriff's Office Compliance with Federal Law, 8 USC 1373 4, The Department of Homeland Security (DHS) also uses Immigration Detainers — Notice of Action (Detainers). This Detainer will display a form number of I-247A. See the following for specific instructions on what actions members of the Kalamazoo County Sheriff's Office will take in response to a Detainer: a. The Kalamazoo County Sheriff's Office (KCSO) will comply with paragraph 3 above when it becomes aware of the existence of an Immigration Detainer — Notice ofAction (IDNA), issued by the Department of Homeland Security's Immigration and Customs Enforcement (ICE), which develops probable cause to believe the subject is a removable alien. See the attached sample of an 1-247A Detainer. Administrative arrest warrants which accompany the Detainer and display a form number of |-200 or I-208 are authorized by a DHS official. One of these forms must accompany an |-247A Detainer when received for action by the KCSO. See the attached samples of an 1-200 and I-20 Administrative Arrest Warrants. b. If the Kalamazoo County Sheriff's Office is noticed and served with a Detainer by the Department of Homeland Security, the Detainer will be placed in the named individual's confinement file. If the Detainer includes a request that DHS be notified as to the individual's anticipated date of release, this request will be honored. Il, DEFINITIONS ICE: U.S. Immigration and Customs Enforcement: Has a primary mission to promote homeland security and public safety through the criminal and civil enforcement of federal law governing border control and customs. IMMIGRATION DETETAINER: ‘A notice on Form 1247A that ICE issues to a federal, state, local, or tribal Law Enforcement Agency to inform the Law Enforcement Agency that ICE intends to assume custody of an inmate incarcerated at the Kalamazoo County Jail, Note: A detainer notice must be accompanied by a completed 1-200 (Warrant for arrest of Alien) or 1-205 (Warrant of Removal | Deportation form. These forms must be signed by an ICE Agent to be valid. UNDOCUMENTED IMMIGRANT: ‘A noncitizen who does not have lawful immigration status in violation of federal immigration laws. A noncitizen who may or may not have lawful immigration status in violation of federal immigration laws. IV. RESPONSIBILITES All staff of the Kalamazoo County Sheriff's Office shall be familiar with the I-247A, Immigration Detainer — Notice of Action. ‘A. Amember of the Sheriff's Office shall not take someone into custody on an Immigration Detainer alone, unless it is accompanied by a Judicial Warrant, B. Immigration Detainers do not appear in the LEIN system.