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Judicial Watch • JW v DHS law enforcement complaints Detainers 01008

JW v DHS law enforcement complaints Detainers 01008

JW v DHS law enforcement complaints Detainers 01008

Page 1: JW v DHS law enforcement complaints Detainers 01008

Category:

Number of Pages:680

Date Created:August 30, 2017

Date Uploaded to the Library:October 12, 2017

Tags:robbins, albence, Homan, detainer, Declined, Law, Complaints, 01008, Detainers, draft, matthew, enforcement, Illegal Immigration, timothy, ACLU, DHS, Obama, State Department, White House, COUNTY, thomas, DOJ, Supreme Court, FOIA, ICE


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6);(b )(7)(C)
From:
Sent:
Asher, Nathalie
Monday, May 01, 2017 9:23
Albence, Matthew
Miller, Philip
FW: ODOR New York Counties
To:
Cc:
Subject:
Attachments:
BUF Issued Detainer Sheet xlsm, BUF ODOR DocumentCommentWorksheet docx,
ICE Declined Detainer Outcome Report, ODOR February 11-17, 2017
Matt
Looks like they were not supposed and correction Vas made and they Vere dropped otf
According (?)i~);_b this sheriff has never declined detainer.
NRA
FcomJ
(b)(6);(b)(7)(C)
Date: Monday, May Ol. 2017, 8:47
To: Asher, Nathalie
Cb)C6) Cb)C7)C[)
Cc:
(b)(6):(b)(7)(C)
Subject: Ill:.: DDOll Nev York (aunties
Nathalie,
St. Lawrence County was removed off ODOR because February the Sheriff stated that will honor ICE detainers
and asked would provide 1-200 1-205 with the detainer {see the attached). The Sheriff has never declined
detainer ever from ICE. The only reason can see that LESA had them the report was because had two detainers
that were aliens two separate New York State prisons. The prisons are located within the county but are under the
control the New York State Department Corrections (NYSDOCS). NYSDOCS has always honored our detainers, too. dont recall St. Lawrence County being ODOR and but they were think that the LESA mistakenly put them
there. believe early the ODOR report LESA was data mining information using search parameters for counties and
not diving deep enough see that the actual facilities were State prisons. hope this helps, you need anything else please let know. )(6);(b )(7)(C)
(Acting)Field Office Director
U.S. Department Homeland Security
Immigration Customs Enforcement
Enforcement Removal Operations
Bufflo,
(716) 843Jrrb--(6__
From: Asher, Nathalie
Sent: Monday, May 2017 8:08
2017-ICLl-00016
To:I (b)(6);(b)(7)(C)
Subject: FW: ODOR New York Counties
Hey
bJ(6J (bJ(7
((;)
In1 about out range for the next hour can you take look the ask belov and work response?
From: Albence, Matthevl
(b)(6);(b)(7)(C)
Date: Monday, May 01, 2017. 7:53
To: /sher, Nathalie
Cc: Miller, Philip
r---~~~~~~-~
fhlfRl fhlf7lfC:l
(b)(6);(b)(7)(C)
Subject: FW: ODOR- Ncv York
(~ounlics
Nat-can you check Buffalo regarding St. Lawrence County and how they ended DDOR and and
why dropped off Thanks!
Matt
Sent Vith BlackBerry Work VVV. black berry.coin)
From: Hon1an. rhon1asl
(b)(6);(b)(7)(C)
Date: Monday, May 01, 2017. 6:26
To: ilbcncc. Matthcvv l--=~~(b~)(~6~);~(b~)(=7~)(~C)~-~
Subject: RE: ODOR Ncv York
(~ountics
Thanks. What know about Lawrence County NY?
Sent Vith BlackBerry Work VVV. blackberry .con1)
From: Albcnt:c, Matthcv.l
(b)(6):(b)(7)(C)
Date: Monday, May 01, 2017. 6:24
(b)(6) (b)(7)(C)
To: Hon1an. Thon1as
Subject: DDOR. Nev York Counties
Tom:
Per your questions, below the language that was included the ICE website correction ODOR Note that
Franklin County, was included this.
Due data processing error, the Jan. 28- Feb 03, 2017 Declined Detainer Outcome Report incorrectly attributed issued
detainers Franklin County, Iowa; Franklin County, New York; Franklin County, Pennsylvania; and Montgomery County,
Iowa that were fact issued agencies outside the respective countys jurisdiction similarly named locations.
Additionally, detainers that appeared being declined Williamson County, and Bastrop County, were cases
where the individual was transferred another facility where they were released. Finally, detainers appeared being
2017-ICLl-00016
declined Chester County, and Richmond County, when those detainers were incorrectly issued those
locations. The subjects those detainers were different locations.
St. Lawrence did appear the first two DDORs, but not DDOR The jurisdictions listed were based FOD validation. can dig deeper into this one you want.
2017-ICLl-00016
Document Comment Sheet
Document Title: DRAFT DDOR
b)(5) WIF Draft
2017-ICLl-00016
b)(5) WIF Draft
2017-ICLl-00016
From:
(b)(6);(b)(7)(C) Apr 2017 18:01:07 -0400
To:
Albence, Matthew;Miller, Philip
Cc:
#ERO CHIEFS STAFF
Subject:
FW: HSGAC prep session Monday morning
Attachments:
Attachment Potential Questions for 4-5-17 HSGAC Hearing vl.docx,
Attachment ENF Activity Snapshot _3.18.17.pdf, Attachment Cross Check stats field
office.docx
Sent:
FYI this submission. had short turn-around task for potential hearing questions that will
preping with Monday. Attached are the submissions derived from press statements, public facing
sources (e.g. ODOR FAQs}, cleared congressional correspondence. Previously used responsive
content.
Not sure why Staff running point however looped OCR. The policy language piece Police
markings was taken ICE Policy however fed their office cleared talking points and the relevant
section the Fug Ops handbook.
Thanks
From:I
(b)(6);(b)(7)(C) ril 2017 5:58
Sent: Saturda
To: )(6);(b )(7)(C)
1--~-=-~--~(b~)~(6~);~(b~)(~7~)(C~)~--------~Robbins, Timothy )(6);(b )(7)(C)
Subject: RE: HSGAC prep session Monday morning
Attachment {QA) cleared ERO. Responses are derived from press statements, public facing
sources (e.g. ODOR FAQs}, cleared congressional correspondence. have deferrals highlighted.
(Three deferrals MA, one OPLA, one OHS OIA, one HSI) Text QA copy/pasted below for
mobile reading.
Attachment our latest stat sheet (Enforcement Activity Snapshot).
Attachment contains February and March Cross Check stats. February stats were provided LESA
and are our official stats, March stats are field derived and unofficial. jump onl(b)(6);(b){jbandwagon, thanks for the April Fools prank. Had step out movie for this
one.;)
Potential Questions for April 2017 Hearing Before the Senate
Committee Homeland Security and Governmental Affairs
CBP and ICE Hiring:
2017-ICLl-00016
For the outward facing Components, such CBP and ICE that interface with the
public/diverse groups, hoV Vould you characterize their diversity? (llA)
What efforts are you 1naking ensure the 15,000 CBP and ICE personnel hired (per the
Executive Order) will diverse? (11,t)
How was the deter1nination hiring additional Border Patrol and ICE Agents 1nade?
Had the Department indicated that such e1nployment plan was necessary prior the
issuance the EOs? (liA)
What the process being used hire additional Border Patrol and ICE agents called for the EOs? (MA)
Dctcn tio nil igratio n/I ntcrio rccmc nt:
What are your thoughts when appropriate use private contractors for detention
facilities? (ERO)
b)(5) WIF Draft
2017-ICLl-00016
b)(5) WIF Draft
With the end the catch and release policy, does OHS currently have sufficient
appropriations fulfill this order without having construct additional facilities? not,
how much additional funding will required? Does DHS plan reprogram monies for
such projects request nev funding fron1 Congress? (ERO)
(b)(5) WIF Draft
How should ICE prioritizing people for ren1oval? (ERO)
(b)(5) WIF Draft
How DHS implementing the detention for illegal entry language included the
border security/im1nigration enforce1nent? (EllO)
b)(5) WIF Draft
2017-ICLl-00016
(b)(5) WIF Draft
.....
.... .._
-,,,,
._/
....
custoclial setting. orcler f(/en!{fj- re111ovable alien: inJJJerative that f(F, ha:
access indiviriua!s state and localjai!s, a11ri ]Jrisons, irho have hcc11 arrested /al
e11/0rce111e11t. /1cccss these j{icilitics required order i11tervicH crin1i11a! aliens
(b)(5) WIF Draft
111111ugra11011 ae1a1ner, nu1 111 re; use no1a 111c11v1a11a1. JJ0.1 1ne 11111e ne11 1ne /!1(//VIUUa1
l11/d have othcririse been rc!cascri.fi o111 state local custor~v. CJ.fie11tin1cs this occurs
riuri11g 1?ff~d11~v hours i11 locatio11s gcograJJhica!I) dis1Jerscd.fi on1 t;R() resources. {/a
(/CJJOrtatio11 (!/ficer unah!e re.jJ011cl J-Jrior alien being relea: ecl h_r Ian
e1!(orce111ent agenCJ. J:R(J 1nust iclenti/1, ta1get, an(f aJJJJl ehen(f these at-large
indiviriua!s the con1111u11i~v hi!_fhre t/11:) re-o//i!nd. lhese arrests require con1hi11ed
Rather than cutting otf funding for sanctuary cities, there better way for OHS Vork
with these jurisdictions increase law enforcen1ent cooperation? (ERO)
b)(5) WIF Draft
2017-ICLl-00016
b)(5) WIF Draft
What the Adn1inistration doing about the overstay population the U.S., including
enforce1nent priorities? (HSI EllO)
b)(5) WIF Draft
I1n very concerned that continue hear stories mistreat1nent and abuse innocent
i1nmigrants OHS authorities. All here have heard stories people being forced stand for hours detainment, forcibly ren1oved from schools and put cuffs
and transported other cities Vhere they have fan1ily. What are you doing stop
this insanity and ensure your people are following the law? (EllO)
b)(5) WIF Draft you agree that withholding federal financial assistance fro1n countries that deny
delay the acceptance their nationals ordered removed will assist with our deportation
efforts? (ERO)
(b)(5) WIF Draft
2017-ICLl-00016
(b)(5) WIF Draft your February 20, 2017 in1plementation niemorandun1, you created the Victims
Im1nigration Cri1ne Engage1nent (VOICE) office assist victims cri1nes co1nmitted
undocumented i1nmigrants paid for reallocating any depart1nent resources currently
going advocating for undocun1ented imn1igrants. Please provide nie Vith any other
federal, state, local plan that has been used model the creation this office. Please
provide list any department resources being using that have used the past
years advocate for any undocu1nented i1n1nigrants. Please provide any infor1nation
about Department resources for future, current, past expended advocacy for any
undocumented in1migrants. (OICE/OPA)
Northern Border:
How will you balance the use ofDHSs limited resources address the 1novement
illegal drugs, such 1nethamphetamines, the Northern Border? (HSI)
What you currently assess the Top Three threats the Northern Border? (llSI)
What your assessn1ent cooperation Vith (anada Northern Border threat issues?
(HSI)
How does the Depart1nent cooperate with state, local, and tribal partners Northern
Border threat issues? (llSI)
JTFs:
What you envision the mission the JTFs be? (llSI)
What the potential the JTFs fight heroin/opioids? (HSI)
With unique cross border challenges, and significant trade and co1nmerce between the
United States and Canada, you think similar effort i1nprove coordination the
Northern Border Region through the creation JTF North would effective?
(HSI)
Threats/Risk:
How you envision risk-based homeland security syste1n? (HSI)
What could done better regarding DHS threat determinations? (HSI) possible that threat too ren1ote spend counterterrorisn1 dollars on? (llSI)
2017-ICLl-00016
UACs:
Ive seen son1e reports that indicate that the tvo-year-long surge ofUACs and fan1ilies
our Southwest Border finally declining. what circumstances you attribute this
change? Some are calling the Trump effect you believe our new Presidents
Executive Orders are factor? What actions are you taking ensure that this very
positive trend continues? (ERO)
(b)(5) WIF Draft
In1 concerned about the sudden decline UACs asking for asylum our border. What you knoV about circumstances (entral America today? the gang violence and
extren1e poverty that has been pervasive over decades finally improving, are just nation leaving the1n their fates? How are addressing the push/pull factors?
(HSI !o not rnake Section Ill the Excel Spreadsheets.
change~
(b)(5);WIF Draft
2017-ICLl-00016
Document Comment Continuation
Document Title:
(b)(5) WIF Draft
2017-ICLl-00016
b)(5) WIF Draft
2017-ICLl-00016
b)(5) WIF Draft
2017-ICLl-00016
From:
Sent:
To:
Cc:
Subject:
Attachments:
tbJ(6) (b)(7)(C) Apr 2017 12:28:06 +DODO
Homan, Thomas
Robbins, Timothy S;Albence, Matthew; lier, Philip 1bJ(6 (bJ( J(CJ
Recommendations: DDOR and ICE Detainers,
~--------~
Recommendations DDOR Detainers (002) V2.docx
Director Holman,
Over the past weeks our office has had several conversations with our law enforcement stakeholders
regarding the DDOR and ICE Detainers. These discussions from our perspective was simply listen,
capture their issues and share them with our DHS decision makers.
From these many conversations general themes emerged. This office capsulated those conversations recommendations that are included the attached document. Please understand, not OSLLE
intent delve into your business and create policy this issue. However, our goal provide from
these listening sessions possible options that you may consider moving forward. OSLLE has working
relationship with our partners who turn for guidance and assistance, and that way hope
support your efforts well.
Please let know you would like discuss further, and how might assistance.
b)(6) (b)(7)(C)
202-282 ~~;~: (b)(
2017-ICLl-00016
Recommendations Regarding the Declined Detainer Outcome Report and ICE Detainers March 20, 2017, the U.S. Department Homeland Security (OHS) issued the U.S.
Imn1igration and Custon1s Enforcement (ICE) Declined Detainer Outcome Report (ODOR).
This report required President Donald Trumps Executive Order, Enhancing Public
Safety the Interior the United States, signed January 25, 2017. The ODOR issued
weekly highlight jurisdictions that not cooperate with ICE detainers. ICE places detainers aliens who have been arrested local criminal charges Vho are local custody and for
whon1 ICE possesses probable cause believe that they are ren1ovable from the United States.
Since the release the first ODOR, the Office for State and Local Law Enforcement (OSLLE)
and Office Intergovernn1ental Affairs (IGA), within the Office Partnership and Engagement
(OPE), have heard concerns from state and local lav enforcen1ent and elected officials about the
content and goal the ODOR. These concerns have been raised directly OPE and also during
two stakeholder 1neetings the end March.
Context: Since release the first DOOR March 20, 2017, OPE has heard concerns fro1n
state and local law enforcement and elected officials about the content and goal the DDOR.
(on1mon concerns include the following:
b)(5)
2017-ICLl-00016
(b)(5)
Recommendations:
Recommendations specific the DDOR:
(b)(5)
2017-ICLl-00016
(b)(5)
Recommendations broader ICE detainers:
(b)(5)
2017-ICLl-00016
(b)(5)
2017-ICLl-00016
From:
Sent:
Subject:
ICE-Broadcast Mar 2017 11:20:43 -0400
Declined Detainer Outcome Report Message from ICE Acting Director Thomas Homan all ICE en1ployees
March 20,
Declined Detainer Ontcome Report
Today are posting information our public facing website, ICE.gov, detailing instances
where local jurisdictions have failed honor ICE detainer. This Declined Detainer Outcon1c
Report (ODOR) shines light local law enforcement partners Vho remain uncooperative and
continue releasing cri1ninal aliens back into the com1nunity without properly notifying ICE.
When law enforcen1ent agencies fail honor in1migration detainers and release crin1inal
offenders, significantly undem1ines ICEs critical public safety niission. Despite these
challenges, will continue collaborating with our law enforce1nent partners help ensure that
aliens who 1nay pose threat our com1nunities are not released back into those com1nunities
re-offend.
Published weekly, the ODOR i1nportant piece President Donald Tru1nps Executive
Order Enhancing Public Sqfi?~v the Interior o.fthe u-nited States and highlights the public
safety threats associated not only Vith sanctuary jurisdictions, but with any law enforcen1ent
agency that does not honor detainers and refuses cooperate Vith ICEs enforcement efforts. those jurisdictions that decline ICE detainers and release dangerous cri1ninals the street,
ICE Viii continue pursue those aliens for arrest order ren1ove threats our society.
Thank you for your unwavering co1nmit1nent our mission and your dedication protect our
nation.
Thomas Hon1an
Acting Director
U.S. I1nmigration and Customs Enforce1nent
2017-ICLl-00016
From:
Sent: )(6);(b )(7)(C) pr~~~~:36 +0000
To:
(b)(6);(b)(7)(C)
,------~
r-C~c~-----~-----~- Albence, Matthew;Homan, Thomas;cl-~(~b)~(6~)~;(~b)~(7~)~(C~)-~ )(6);(b )(7)(C)
Subject:
DRAFT Engagement Plan re: DDOR and Detainers
DDOR and Detainer Engagement Plan DRAFT 4.0.docx
Attachments:
Chief, follow our meeting with the Secretary Tuesday, you requested OPE pull together draft
engagement strategy/plan. Please note this draft, are continuing work with the offices
ensure any engagement that embark does not over promise something our stakeholders, and
then under deliver. Overall goal create level transparency that our stakeholders have felt
missing and hear them out and potentially take some their feedback into our processes.
wanted have working draft document you before the weekend ensure were going the
right direction that you and the Secretary envisioned. Happy make adjustments you see necessary.
Regards,
l(b)(6);(bJI
2017-ICLl-00016
FOR OFFICIAL USE ONLY
(b)(5) WIF Draft
FOR OFFICIAL USE ONLY
2017-ICLl-00016
FOR OFFICIAL USE ONLY
(b)(5) WIF Draft
FOR OFFICIAL USE ONLY
2017-ICLl-00016
FOR OFFICIAL USE ONLY
(b)(5) WIF Draft
FOR OFFICIAL USE ONLY
2017-ICLl-00016
FOR OFFICIAL USE ONLY
(b)(5) WIF Draft
FOR OFFICIAL USE ONLY
2017-ICLl-00016
FOR OFFICIAL USE ONLY
b)(5) WIF Draft
FOR OFFICIAL USE ONLY
2017-ICLl-00016
FOR OFFICIAL USE ONLY
(b)(5) WIF Draft
FOR OFFICIAL USE ONLY
2017-ICLl-00016
FOR OFFICIAL USE ONLY
(b)(5) WIF Draft
FOR OFFICIAL USE ONLY
2017-ICLl-00016
From:
Sent:
To:
Subject:
I(b)(6);(b)(7)(C) Apr 2017 15:46:11 +DODO
(b)(6);(b)(7)(C)
For Immediate Release: Sheriffs Voice Outrage over Flawed ICE Report
For Immediate Release
Lontact: Sheriff
(b)(6) (b)(7)(C)
248-858~
(b)(6);(b)(7)(C)
Sheriffs Voice Outrage over Flawed ICE Report
Last week, effort enhance con1munication with our federal partners, multiple MCSA
1nembers participated roundtable discussion with representatives from DHS, CBP and ICE
discuss the flawed Declined Detainer Outco1ne Report (DDOR) and local i1nmigration
challenges.
Despite co1npliance with ICE requests for notification and participation the 287G progra1n,
1nany MCSA 1nembers have been listed all three weekly reports being non-cooperative
having restrictive cooperation policies. The DDORs were issued Vithout prior law enforcen1ent
consultation and our nieeting last Veek, clarification, corrections apologies were offered.
Additionally, the report does not provide clear picture the legal complexities surrounding
ICE detainers.
Local law enforcement follows and enforces the rule law, not inside the beltway
interpretation how should be. MCSA me1nbers have been hamstrung due nu1nerous
federal courts rulings that ICE detainers are unconstitutional and exceed sheriffs arrest authority.
Without proper arrest authority, Sheriffs cannot Villfully disregard individuals 4th
an1endment rights articulated these court cases.
Several MCSA 1nembers respectfully requested pause the weekly DDOR until the
information can accurately presented and verified. However, the Department made clear
they are going press on. should noted that the ODOR does not report ICEs pickup
rates lack ofinforn1ation sharing Vith local law enforcement. the spirit true transparency,
the A1nerican public should know that many jurisdictions across our nation, ICE routinely
2017-ICLl-00016
allovs crin1inal back onto the streets failing pick criminal aliens upon release. Often
ti1nes, the pickup rate low 36%. Additionally, there direct access ICE databases
when person queried traffic stop, they come into booking even though that
information critical maintain public safety. have been asking for this information
sharing fron1 ICE for over years. constitutionally elected law enforcement leaders, Sheriffs take erroneous allegations very
seriously and every time the flaved ODOR released without fact checking, our relationship
with our federal partners erodes. lfve are collaborative, the Department must niake more
concerted effort truthful and transparent with the law enforce1nent co1nmunity. Make
mistake, the Anierican public has right kno1v 1vhich jurisdictions are hlatantlJ ignoring
the rule of.law and are endangering com nit) sajet) and they should held accountable. jurisdiction folloving the lav its state binding court ruling disingenuous for the
Depart1nent continue release report absent facts.
Moving forvard, the MCSA again requests pause the ODOR until the data formulation and
collection recognizes these important differences circumstance and local law enforcen1ent
consulted.
###
The J1uior (~ounn .~11crift. o(. 1111cricu (l!1CSA) association of.elected sheriff.-~ representing
the nations largest counties ivith populations o./500, 000 people 111ore, representing oier
1nillion A1nericans
2017-ICLl-00016
From:
Sent:
To:
Cc:
Subject:
Ragsdale, Daniel Mar 2017 15:59:26 -0400
Homan, Thomas
Robbins, Timothy
FW: Clips
Please see the response from ERO the clips. Nathalie has also instructed each FOD increase their
review and scrubbing the report improve data quality.
Please let know you have any questions.
Dae
From: Asher, Nathalie
Sent: Friday, March 31, 2017 3:49
To: Ragsdale, Daniel
Cc: Albence, Matthew; Miller, Philip
Subject: RE: Clips
(b)(6);(b)(7)(C)
~--~~~~~~--~ lJan, lon1s requt>.-.L, belov art (acltral juri.-.diclion