Alabama Department Of Public Safety - 287(g) Foia Documents

20,2003

REPL Y MAYBE MADt:

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INS Commissioner

Michael J. Garcia 425 I Street, SW

Washington, DC 20536

Dear INS Commissioner: The Stale

national security.

the resources of both we understand that State of Alabama.

to advance our supports the measures taken by concerns are placing on demands that national of Justice, and Naturalization resources within the lacks the ability to to the Attorney General 287(g) of me Irrunigration

The Department of Public Safety will rl"n ..",,,,,·,,, negotiating the tenns of the MOU. The MOU should include: 1) functions that of the State of Alabama will be authorized and to perform such functions.

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Alabama in immigration enforcement and 2) the training to would like its

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to working with you, and with

negotiations an MOU between the State accordance with INA Section 287(g).

A[[omey General, as we begin

Alabama and the Department

10

U.S. Department of Justice Immigration and Naturalization Service

HQINV 50118 Office of the Executive Associate Commissioner

4251 Street NW Washington. DC 20536

Colonel Charles E. Andrews Director Department of Public Safety State of Alabama P.O. Box 1511 Montgomery, AL 36102-1511 Dear Colonel Andrews: Thank you for your recent letter requesting the delegation ofhnmigration and Naturalization Service (INS) authority to Alabama State Troopers. The Illegal hnmigration Refonn and Immigrant Responsibility Act of 1996 (IIRAIRA), Public Law 104-208, enacted on September 30, 1996, amended the Immigration and Nationality Act by adding Section 287(g), 8 U.S.C. Section 1357(g), to that Act. Section 287(g) pennits the Attorney General to enter into written agreements with states so that qualified state officers can perfonn certain functions of immigration officers. Section 287(g) requires that a written memorandum of understanding (MOU) be created that defines the authorities being certified, the training requirements, the required INS supervision, the length of the agreement and other important issues. This MOU is developed between the INS and the state. The laws of the State of Alabama must also allow for the enforcement of these additional Federal authorities. This letter will serve as a notice of intent to negotiate a memorandum of understanding between the INS and the State of Alabama to confer on selected Alabama State Troopers certain ~1NSenft)reem:ent·auttrorities:

Immigration and nationality law is complex, immigration policy and procedures are constantly changing and the required training is extensive. Therefore I have directed the Investigations Division of the INS to provide you and your staff an overview ofthe INS, its' authorities, processes and an overview of Section 287(g).

_ _--"-........~......__ Director Alabama Public Safety

As the enforcement divisjon of the Immigration and Naturalization Service transitions into the new Department of Homeland Security (DHS). Bureau of Immigration and Customs Enforcement (TCE), we will continue to work with you and the Alabama Department of Public Safety on this important initiative in cooperative law enforcement.

Sincerely,

OFFICE OF THE GOVERNOR

STATE CAPlTC

MONTGOMERY, ALABAMA

3613

(334) 242-710 FAX: (334) 242-093

BOB RILEY

GoVERNOR

STATE OF ALABAMA May 4, 2005

Paul Kilcoyne Deputy Director for Investigations US Immigration and Customs Enforcement 425 I Street North West Washington, DC 20536 Dear Deputy Director Kilcoyne: The Director of the Alabama Department of Public Safety has informed this office that you have asked for a formal letter regarding the training and retraining of Alabama State Troopers under the terms of the existing Memorandum of Understanding. Mr. Jim Walker, Director of Alabama's Homeland Security, represented me at the February 21,2005, meeting in Birmingham. Undersecretary Hutchinson and you r~presented the U.S. Immigration and Customs Enforcement. Major Charles Andrews represented the Director of the Alabama Department of Public Safety. Director Walker told me that it was agreed an additional twenty-five troopers will be trained and the existing twenty ICE troopers wOJ,lld have their training updated. I understand that Senator Sessions, Undersecret3iy Hutchinson and Major Andrews announced this agreement at the press conference which followed the meeting. I also understand that the issue of the lack of approved 72-hour ICE holding facilities was addressed at the meeting. By this letter, I am formally requesting that this training and retraining be carried out wifuQ~tg~1~1:"J~!~~~~~~~"~~.g~~e"~~"~~e~~or .Coppage apprised of the dates when the training will take place. I hope tomeefWiffiyouwlien~you"refiiiii1oATaoama.

I BRlsllmc CC: Michael J. Garcia Marcy M. Forman

STATE CAPIToL

::FICE OF THE GOVEl SOR

MONTGOMERY, ALABAMA

(334) 242-7100 FAX: (334)242-0937

OBRnEY

OVERNOR

STATE OF ALABAMA April 7, 2006

Mr. Paul Kilcoyne Deputy Director for Investigations U.S. Immigration and Customs Enforcement 425 I Street Northwest Washington, D.C. 20536 Dear Deputy Director Kilcoyne: In recent months I have met with local officials and members of the Alabama Legislature to review with them Alabama's 287(g) program and the work of our state's ICE-trained Alabama State Troopers. It is my detennination that Alabama needs to continue building on the success of this program and that our state would be better served and protected if more Alabama State Troopers received ICE training and authority. The impact of this program in Alabama is readily apparent, as several recent arrests illustrate. These include a convicted sex offender who had been ordered deported, but who had a new EAD card when he applied for an Alabama drivers license. In another ~ce, one of our ICE-trained troopers made a speeding stop, found that the driver had no license or auto insurance, and detennined that she had been deported from the United States on two prior occasions. Just this week an ICE-trained trooper arrested a man who applied for an Alabama drivers license by presenting a Social Security Card, EAD card and a North Carolina drivers license. The trooper determined the EAD and Social Security cards were fraudulent, and the subject infonned the trooper he had used both documents to obtain his North Carolina driver license. In keeping with Alabama's Memorandwn of Understanding with the Department of Homeland Security, I am formally requesting that another 25 troopers be trained pursuant to the 287(g) program. This will bring the total troopers trained to almost 10 percent of the state's trooper force. f appfeGiate·~ attention.mJhiunatterand ask that ~o.JIJ!lmri~~h2th1ID'Qffi<:~ an~ Alabama

Department of Public Safety Director Colonel W.M. Coppage when DHS lDay aecommOdatethis training. Thank you for all your help in protecting the citizens of Alabama.

5~~' BRlje/rs

cc:

36130

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Ms. Julie L. Myers Ms. Marcy M. Fonnan Colonel W.M. Coppage

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Honorable Riley

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310 Baud Avcmu.e Bay Minette. AL 36507

Dear Ms.. Lq;

TIle ~ COI11IDUIIic1d: is submitted ill your COIISideration.

If you ,\\II. advise _ ol!pur action in this matter aud haw Ute ~. returm!d 1'1 me with your repl~! .1~WiB~eci8)it.

With ~ regards, lam

olCongr_ JB~llc

Enclosure PLEASE RESPOND TO:

CONGRESSMAN lQ BONNER 1302 NORTH!~ STR:Blrr Ji'9I.JiY AI.. aBiU

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