Agenda

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County Attorney's Report 12. 3.

BCC Regular Meeting

Action

Meeting Date:	07/18/2019
Issue: Basic Ordering Agreement with U.S. Immigration and Customs Enforcement
From:	KRISTIN HUAL
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning the Basic Ordering Agreement with United States Immigration and Customs Enforcement.

That the Board take the following actions:

A. Approve the Basic Ordering Agreement with United States Immigration and Customs Enforcement, and

B. Authorize the County Administrator to execute the Agreement.

BACKGROUND:

Effective July 1, 2019, the Florida Legislature enacted §§908.101-109, Florida Statutes, entitled Federal Immigration Enforcement, which prohibits sanctuary jurisdictions and requires state and local entities to comply with federal immigration detainers. Pursuant to §908.106, Florida Statutes, each county correctional facility must enter into an agreement with a federal immigration agency for the temporary housing and reimbursement of costs for temporarily housing persons in the facility under an immigration detainer.

The Basic Ordering Agreement is the form agreement authorized by ICE that will satisfy the statutory requirement. Under the terms of the Agreement, the County will house detainees pursuant to the issuance and acceptance of valid immigration detainer documentation for no longer than 48 hours, and ICE will pay a fixed rate of $50 per detainee for up to 48 hours of detainment.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

The Agreement was reviewed and approved by Kristin D. Hual, Senior Assistant County Attorney.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

Escambia County Corrections will administer the Agreement.

IMPLEMENTATION/COORDINATION:

N/A

Attachments
BOA General Terms and Conditions