ORANGE COUNTY SHERIFF’S DEPARTMENT (3)

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U.S. Department of Justice Officeoflus'ticePrograms AWARD CONTLNUAMN Bureau of Justice Assistance SHEET Grant PROJECTNUMBER 2019 DI.BX-0820 AWARD DATE 1V16h013 PAGE t6 OF 23 SPLCL4L CONDlTYONS 45. Noninterference (within the funded "program or activity") with federal law enforcement Interrogation of certain aliens SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by this award, as of the date the recipient accepts this award, and throughout the remainder of the period ofperfor mane, for the award. Its provisions must be among those included in any subaward (al any tier). 1. Noninterference with statutory law enforcement access to correctional facilities Consonant with federal law enforcement statutes and regulations — including 8 U.S.C. 1357(a), under which certain federal officers and employees "have power without warrant.., to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United Slates," and 8 C.F.R. 287.5(a), under which that power may be exercised "anywhere in or outside the United States" -- within the funded program or activity, an State or local government entity, -agency, or -official may interfere wit the exercise of that power to interrogate "without warrant" (by agents of the United States acting under color of federal law) by impeding access to any State or local government (or government -contracted) eonectional facility by such agents for the purpose "imerrogat[ing] any alien or person believed to be an alien as to his [or her] right to be or to remain in the United States." 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to enswe compliance with this condition. 4. Rules ofcoasnuction A. For purposes of this condition: (l) The term "alien" means what it means under section 101 of the Immigration and Nationality Act (INA) (see g U.S-C. 1101(a)(3)). (2) The term "correctional facility" means what it means under the title I of the Omnibus Crime Control and Safe Streets Act of 1968 (see 34 U.S.C. 10251.(a)(7)). (3) The term "impede" includes taldng or continuing any action, or implementing or maintaining any law, policy, role, or practice, that — (a) is designed to prevent or to significantly delay or complicate, or (b) has the effect of preventing or of significantly delaying or complicating. B. Both the "Rules of Constnrction" and the "Tmporn nt Note" s& out in the "Noninterference (within the fouled 'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award condition are incorporated by reference as though set forth here in full. DIP FORM 4000l2 (REV.; ")