ICE MOU FORM 73-002.PDF

MEMORANDUM OF UNDERSTANDING
between
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
HOMELAND SECURITY INVESTIGATIONS
and
Maricopa County Sheriff's Office
regarding
THE DESIGNATION OF Maricopa County Sheriff's Office EMPLOYEES
AS CUSTOMS OFFICERS (EXCEPTED)
1. PARTIES. The Parties to this Memorandum of Understanding (MOU) are U.S. Immigration and Customs
Enforcement (ICE) Homeland Security Investigations (HSI) and Maricopa County Sheriff's Office .
2. AUTHORITY. Title 19, United States Code (U.S.C.), Section 1401(i); 19 U.S.C. § 1589a. This MOU is also
authorized under the provisions of N/A .
3. PURPOSE. The Parties agree that effective enforcement of the laws relating to HSI jurisdiction requires close
cooperation and coordination between the two Parties. The Parties have therefore entered into this MOU to govern
the use of HSI designations by certain employees of Maricopa County Sheriff's Office .
Pursuant to section 401(i), Tariff Act of 1930, as amended (19 U.S.C. § 1401(i)), the Secretary of Homeland Security
is authorized to designate persons as Customs Officers (Excepted) to perform the duties of a Customs Officer.
Within ICE, this authority has been delegated to the HSI Special Agents in Charge. Pursuant to 19 U.S.C. § 1589a,
customs officers are authorized to enforce the full range of federal offenses. However, in designating Customs
Officers (Excepted), HSI is not conveying the authority to enforce administrative violations of immigration law.
There may be instances when HSI determines that it is desirable for certain sworn law enforcement employees of
Maricopa County Sheriff's Office to perform certain HSI duties. This MOU sets forth
the agreement and relationship between the Parties with respect to this determination.
4. RESPONSIBILITIES.
The Parties agree as follows:
HSI agrees to:
a. Designate certain employees of Maricopa County Sheriff's Office as Customs
Officers (Excepted), without additional compensation, to perform the duties as noted on the “Designation,
Customs Officer (Excepted) – Title 19 Task Force Officer” (ICE Form 73-001). This form is attached and is
hereby made part of this MOU;
b. Issue a “Designation, Customs Officer (Excepted) – Title 19 Task Force Officer” (ICE Form 73-001) to each
qualified and designated employee;
c. Provide appropriate training in laws, policies, and procedures to each designated employee;
ICE Form 73-002 (5/14) Page 1 of 3

d. Advise the designated Customs Officers (Excepted) about court proceedings concerning seizures or
arrests made by them in accordance with the authorities granted by HSI contemplated under this MOU;
and
e. Process, under appropriate regulations, any injury claim submitted as a result of injuries occurring to the
designated Customs Officers (Excepted) while such individuals are acting pursuant to this MOU, for
compensation under the Federal Employee Workers Compensation Act (5 U.S.C. § 8101, et seq.).
MCSO agrees:
a. That only sworn law enforcement officers of Maricopa County Sheriff's Office
who successfully complete the appropriate HSI Task Force Officer cross-designation Training Course and
receive an approved “Designation, Customs Officer (Excepted) – Title 19 Task Force Officer” (ICE Form
73-001) will be designated as Customs Officers (Excepted);
b. That each law enforcement officer will be bound by the Authorities Granted and the Endorsements and
Restrictions as noted on the “Designation, Customs Officer (Excepted) – Title 19 Task Force Officer” (ICE
Form 73-001);
c. To advise HSI of each court proceeding in which the validity of a Customs Officer (Excepted)’s
enforcement authority becomes an issue, and allow HSI to provide legal memoranda or other assistance
as deemed necessary by HSI;
d. That agency employees designated as Customs Officers (Excepted) will follow HSI directives and
instructions when utilizing enforcement authority conveyed by HSI;
e. To provide to HSI, before designation of each officer and on an ongoing basis, any derogatory information,
or information that may call into question the officer’s truthfulness or ability to testify in court; and
f. To return all HSI-issued equipment and identification when a cross-designated officer terminates
employment or when his or her cross-designation expires.
Both Parties agree:
a. That any abuse of HSI cross-designation authority may lead to the revocation of such cross-designations
by HSI; and
b. To schedule periodic meetings to review this MOU, as required.
5. REPORTING AND DOCUMENTATION. HSI SAC offices will maintain the original signed “Designation, Customs
Officer (Excepted) – Title 19 Task Force Officer” (ICE Form 73-001). Copies of this form will be held by the
Contraband Smuggling Unit at HSI Headquarters, the designated Customs Officer (Excepted), and
Maricopa County Sheriff's Office .
If applicable, the HSI office will maintain documentation of designated Customs Officers (Excepted) approved to
use HSI vehicles and certification that the designated Customs Officers (Excepted) have completed the ICE Fleet
Card Training in Virtual University and any other fleet related training.
ICE Form 73-002 (5/14) Page 2 of 3


Authorized Signatures (Continued)
ICE Form 73-002 (5/14)
MOU between US Immigration and Customs Enforcement
Homeland Security Investigations and
Maricopa County Sheriff’s Office
Maricopa County
________________________________
Jack Sellers, Chairman Date
Board of Supervisors
Attest:
________________________________
Juanita Garza, Clerk of the Board Date
Approved as to form:
Digitally signed by Davina Bressler
Davina DN: cn=Davina Bressler, o=MCAO,
ou=Civil Division,
email=bressled@mcao.maricopa.gov,
Bressler c=US
________________________________ Date: 2021.05.12 08:40:34 -07'00'
Deputy County Attorney Date
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