North Carolina Sheriffs’ Association Illegal Immigration Project Tony Queen

2 Project Goals Provide technical assistance and advice to Sheriffs on Immigration and Customs Enforcement Provide technical assistance and advice to Sheriffs on Immigration and Customs Enforcement Provide technical assistance to Sheriffs seeking to negotiate a MOA for participation in the 287 (g) program Provide technical assistance to Sheriffs seeking to negotiate a MOA for participation in the 287 (g) program Reimburse Sheriffs for training costs and replacement personnel to participate in training Reimburse Sheriffs for training costs and replacement personnel to participate in training

3 Executive Steering Committee Guiding Body with the Goal to ensure the cooperation and collaboration among all Guiding Body with the Goal to ensure the cooperation and collaboration among all Partnership of Senior ICE Officials Partnership of Senior ICE Officials 10 Sheriffs from across the state 10 Sheriffs from across the state NC Sheriffs’ Association Staff NC Sheriffs’ Association Staff First in the nation and is a model that ICE plans to use nationwide First in the nation and is a model that ICE plans to use nationwide

4 NC 287 (g) Jail Enforcement Model Operates in county Jails Operates in county Jails Sheriffs’ personnel are trained by ICE Sheriffs’ personnel are trained by ICE Authorized by ICE Authorized by ICE Supervised by ICE Supervised by ICE Does not involve ROUND-UPS in the Community or at work sites. Does not involve ROUND-UPS in the Community or at work sites. ICE trained Deputies do not participate in roadblocks ICE trained Deputies do not participate in roadblocks

5 How the 287 (g) Jail Enforcement Model Works: It only applies to Criminals who also happen to be illegal aliens. It only applies to Criminals who also happen to be illegal aliens. Persons identified by the program “self select” by committing a crime and being arrested. Persons identified by the program “self select” by committing a crime and being arrested. Illegal aliens in NC who are not arrested will not be identified thru the 287 (g) Jail Enforcement Model program in NC Illegal aliens in NC who are not arrested will not be identified thru the 287 (g) Jail Enforcement Model program in NC

6 How the 287(g) Jail Enforcement Model Works: An arrest is made by a Law Enforcement Officer. Magistrate sets bond. Arrestee is booked into County jail. An arrest is made by a Law Enforcement Officer. Magistrate sets bond. Arrestee is booked into County jail. Arrestee is interviewed to determine if they are foreign born or US citizens. Arrestee is interviewed to determine if they are foreign born or US citizens. Fingerprint checks are made via the IAFIS (FBI) System and the IDENT (Homeland Security) System to determine Identity Fingerprint checks are made via the IAFIS (FBI) System and the IDENT (Homeland Security) System to determine Identity Deputies and ICE will be notified of prior convictions and whether the person has an Immigration record Deputies and ICE will be notified of prior convictions and whether the person has an Immigration record

7 Requirements for Participation by Sheriffs’ Offices Meet the Detention Facility Standards and have ample available Bed space Meet the Detention Facility Standards and have ample available Bed space Negotiate a Memo of Agreement between ICE and the Sheriff’s Office Negotiate a Memo of Agreement between ICE and the Sheriff’s Office Sheriff’s Personnel Graduate from a four week training Course on Immigration Law & Procedures, Civil Rights laws, etc. Sheriff’s Personnel Graduate from a four week training Course on Immigration Law & Procedures, Civil Rights laws, etc. Operate under the supervision of ICE personnel assigned to the Sheriff’s Office Operate under the supervision of ICE personnel assigned to the Sheriff’s Office

8 Counties without 287(g) Jail Enforcement Model System handles processing arrestees differently System handles processing arrestees differently Felony and/or DWI claiming a foreign place of birth will be subject to an Illegal Alien Query (IAQ) Felony and/or DWI claiming a foreign place of birth will be subject to an Illegal Alien Query (IAQ) IAQ is only a name check, 80% are returned with no match IAQ is only a name check, 80% are returned with no match Interoperability will change the landscape Interoperability will change the landscape

9 Immigration Alien Queries Training 12/10/07Caldwell Co /10/07Caldwell Co /11/07Haywood Co /11/07Haywood Co /12/07Chatham Co.99 12/12/07Chatham Co.99 12/13/07Edgecombe Co /13/07Edgecombe Co /14/07Duplin Co.93 12/14/07Duplin Co.93 02/13/08Wake Co.96 02/13/08Wake Co.96 Total584 Total584 96Counties Participated 96Counties Participated

10 Identifying Criminal Aliens Secure Communities’ first goal is to identify all criminal aliens held in jails and prisons Secure Communities’ first goal is to identify all criminal aliens held in jails and prisons The program relies on the sharing of national and local immigration and law enforcement data through a technology and process called IAFIS/IDENT Interoperability The program relies on the sharing of national and local immigration and law enforcement data through a technology and process called IAFIS/IDENT Interoperability IAFIS is FBI’s fingerprint database IAFIS is FBI’s fingerprint database IDENT is Homeland Security’s fingerprint database IDENT is Homeland Security’s fingerprint database

11 Identifying Criminal Aliens The process will work as follows: The process will work as follows: Local officers take fingerprints of all persons booked in the jail and submit them to the FBI and ICE through the SBI Local officers take fingerprints of all persons booked in the jail and submit them to the FBI and ICE through the SBI The prints will automatically be checked against IAFIS and IDENT for potential matches The prints will automatically be checked against IAFIS and IDENT for potential matches Local officers and ICE will be notified of previous convictions and whether the person has an immigration record Local officers and ICE will be notified of previous convictions and whether the person has an immigration record Along with the fingerprints, booking information will include whether the person has declared a foreign place of birth Along with the fingerprints, booking information will include whether the person has declared a foreign place of birth

12 ICE Processing Criminal Aliens Upon receipt of notification through Interoperability, ICE will prioritize and process criminal aliens Upon receipt of notification through Interoperability, ICE will prioritize and process criminal aliens ICE will focus initially on processing those criminal aliens that pose the greatest threat to their communities such as violent and major drug offenders ICE will focus initially on processing those criminal aliens that pose the greatest threat to their communities such as violent and major drug offenders For those aliens convicted of serious offenses, ICE will detain and remove the individual after they complete their North Carolina sentence For those aliens convicted of serious offenses, ICE will detain and remove the individual after they complete their North Carolina sentence For those aliens who may have been convicted in the past of a serious offense and are now booked for a minor offense, ICE will seek to take them into custody immediately For those aliens who may have been convicted in the past of a serious offense and are now booked for a minor offense, ICE will seek to take them into custody immediately

13 Interoperability in NC Interoperability will be completed in 3 phases: Pilot (Began in Sept. 2006) Pilot (Began in Sept. 2006) Allowed Access to Limited Data Allowed Access to Limited Data Limited users (NC sites added in July 2008) Limited users (NC sites added in July 2008) Working out technical challenges Working out technical challenges Initial Rollout (Oct. 2008) Initial Rollout (Oct. 2008) Begin full search of IDENT Database Begin full search of IDENT Database Single request with multiple responses Single request with multiple responses Full System (effective TBA) Full System (effective TBA) Increase workload capability Increase workload capability Consolidated responses Consolidated responses

14 Questions?? Tony Queen, Director of Special Projects Tony Queen, Director of Special Projects Ed Brigham, Immigration Specialist Ed Brigham, Immigration Specialist NC Sheriffs’ Association NC Sheriffs’ Association 919-SHERIFF ( ) 919-SHERIFF ( )