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Condition 53 <br /> Noninterference (with award funds and within the funded "program or activity")with federal law enforcement: Notice of <br /> scheduled release <br /> SCOPE. This condition applies throughout the entire award period of performance. Its provisions must be among those <br /> included in any subaward at any tier. <br /> 1. No use of funds to interfere with "removal" process: Notice of scheduled release date and time. <br /> Consonant with federal law enforcement statutes—including 8 U.S.C. 1231 (for an alien incarcerated by a State or <br /> local government, a 90-day "removal period"during which the federal government"shall"detain and then "shall" <br /> remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement"; also, the <br /> federal government is expressly authorized to make payments to a "State or a political subdivision of the State ... with <br /> respect to the incarceration of[an] undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall take <br /> into custody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual report to <br /> Congress on "the number of illegal alien[felons] in Federal and State prisons"and programs underway"to ensure the <br /> prompt removal"from the U.S. of removable "criminal aliens")—no State or local government entity, agency, or official <br /> (including a government-contracted correctional facility) may use funds under this award to interfere with the "removal" <br /> process by failing to provide (as early as practicable (see para. 5.B. below))advance notice to DHS of the scheduled <br /> release date and time for a particular alien, if a State or local government(or government-contracted) correctional <br /> facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice. <br /> 2. Noninterference with "removal" process: Notice of scheduled release date and time within the funded "program or <br /> activity." <br /> With respect to the "program or activity"funded in whole or part under this award (including any such program or <br /> activity of any subrecipient at any tier), and consonant with federal law enforcement statutes as cited in para. 1 of this <br /> condition, no State or local government entity, agency, or official (including a government-contracted correctional <br /> facility)within the funded program or activity may interfere with the "removal" process by failing to provide (as early as <br /> practicable (see para. 4.B. below))advance notice to DHS of the scheduled release date and time for a particular alien, <br /> if a State or local government(or government-contracted) correctional facility receives from DHS a formal written <br /> request pursuant to the INA that seeks such advance notice. <br /> 3. Monitoring. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this <br /> condition. <br /> 4. Allowable costs. To the extent that such costs are not reimbursed under any other federal program, award funds <br /> may be obligated for the reasonable, necessary, and allocable costs (if any)of actions (e.g., training) designed to <br /> ensure compliance with this condition. <br /> 5. Rules of construction <br /> A. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any <br /> State or local government, or any other entity or individual to maintain (or detain) any individual in custody beyond the <br /> date and time the individual otherwise would have been released. <br /> B. Applicability. <br /> (1) Current DHS practice is ordinarily to request advance notice of scheduled release "as early as practicable (at least <br /> 48 hours, if possible)." (See DHS Form I-247A(3/17)). If(e.g., in light of the date DHS made such request)the <br /> scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested, it <br /> shall NOT be a violation of this condition to provide only as much advance notice as, in fact, practicable. <br /> (2) Current DHS practice is to use the same form for a second, distinct purpose—to request that an individual be <br /> detained for up to 48 hours AFTER the scheduled release. This condition does NOT encompass such DHS requests <br /> for detention. <br /> C. This condition shall be enforceable to the extent that it does not otherwise contravene any express requirement of <br /> any federal law, or of any judicial ruling, governing or applicable to the award. <br /> D. The "Rules of Construction" set out in the "Noninterference (with award funds and within the funded "program or <br /> activity")with federal law enforcement: Interrogation of certain aliens"award condition are incorporated by reference as <br /> though set forth here in full. <br /> Condition 54 <br /> Noninterference (with award funds and within the funded "program or activity")with federal law enforcement: <br /> Interrogation of certain aliens <br /> SCOPE. This condition applies throughout the entire award period of performance. Its provisions must be among those <br /> included in any subaward (at any tier). <br /> 1. No use of funds to interfere with statutory law enforcement access to correctional facilities. <br /> Consonant with federal law enforcement statutes and regulations—including 8 U.S.C. 1357(a) (under which certain <br /> federal officers and employees "have power without warrant ... to interrogate any alien or person believed to be an <br /> alien as to his right to be or to remain" in the United States), and 8 C.F.R. 287.5(a) (under which that power may be <br /> Page: 20 of 24 <br />