MOU permits City of Branson to perform certain Homeland Security duties

At its regular board meeting on April 22, 2025, the city of Branson entered into a Memorandum of Understanding (MOU) between U.S. Immigration and Customs Enforcement (ICE) and Homeland Security Investigations (HSI) and the Branson Police Department (BPD). The agreement allows “a Branson Police Department Officer to perform certain HSI duties.”

The staff report points out that “HSI is tasked with investigating and tracking human trafficking and internet crimes throughout the United States and its interests throughout the world. This agreement will enable a Branson Police Officer to be deputized as a Homeland Security Investigations Officer, providing them with federal jurisdiction, additional training and resources. Branson PD will maintain final decision-making ability for the officer’s participation in federal operations and deployments.

“There will be no financial impact on the City of Branson, as this agreement allows HSI to reimburse BPD for any overtime funds expended during any federal case involvement. This agreement will also benefit Branson by expanding the officer’s ability to investigate crimes that expand past our jurisdictional boundaries.”

Branson Police Chief Eric Schmitt said that under the MOU, he would designate one Branson detective as a Task Force Officer operating under the authority of Homeland Security. He estimates the officer would spend about 20% of their time performing duties under the MOU, for which the city would receive reimbursement from HIS. He says the duties the Task Force Officer will perform under the MOU relate to investigating and tracking human trafficking and other federal crimes under the authority of HIS, but do not include the authority to enforce administrative violations of immigration law.

The MOU states that the BPD and HIS enter it agreeing that effective enforcement of the laws relating to HSI jurisdiction requires close cooperation and coordination between them and cites the authority for the Secretary of Homeland Security to designate persons as Customs Officers (Excepted) (COE).

The MOU provides that the COE under the MOU is “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.”

Under the MOU, HIS agrees to “Designate certain employees of as Customs Officers (Excepted), without additional compensation, to perform” duties, as noted on the “Designation, Customs Officer (Excepted) – Title 19 Task Force Officer” (ICE Form 73-001), issue a “Designation, Customs Officer (Excepted) – Title 19 Task Force Officer” (ICE Form 73-001) to each qualified and designated employee, and provide appropriate training in laws, policies, and procedures to each designated,” COE.

HIS further agrees to “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 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, etseq.)”

The City of Branson agrees that only sworn law enforcement officers of the

Branson Police Department 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); 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); 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.”

The city further agrees that any BPD officer designated as Customs Officers (Excepted) “will follow HSI directives and instructions when utilizing enforcement authority conveyed by HSI; 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 to return all HSI-issued equipment and identification when a cross-designated officer terminates employment or when his or her cross-designation expires.”