Danbury, Conn. - 287(g) Foia Documents

CITY OF DANBURY Ot't'ICt: 01" THE MAYOH I>ANHl : HY, ('O .'.fNE( 'TH T T MAHK D. BOUGHTO N MAYOH

omon 0 (203) 7H7-45J1 " 'AX (203) 7 9 0-100(;

December 26, 2007 Honorable Members of the Common Council City of Danbury, Connecticut Dear Common Council Members: In October fourteen members ofthe Common Council requested that the City of Danbury participate in a program ofthe United States Immigration and Customs Enforcement division (commonly referred to as "ICE") known as ICE ACCESS - "Agreements of Cooperation in Communities to Enhance Safety and Security." The Common Council moved to refer the request to my office, the Chief of Police and the Corporation Counsel's office for review and recommendation. The ACCESS program provides a variety of tools in addressing the impact of illegal immigration on communities.The Chief of Police has met with ICE officials to discuss the nature of the program and the process of enrollment. Chief Baker and I believe that the program would be best used to address specific criminal activity surrounding illegal immigration. Some examples of these include but are not limited to: • • • • •

Document Fraud Human Trafficking Gangs and Organized Crime Identity and Benefit Theft Work Site Investigation

As you are aware, the Danbury Police Department is in the process of an organizational restructuring (Vision 2009) and is gearing up for a move to the new police headquarters. At this time our focus is on hiring new officers and civilians to begin training to work in the new facility. In light of Vision 2009, we suggest participation in the ACCESS program on a limited basis. We recommend launching the program by training several officers, evaluate our progress, and then as we implement Vision 2009, train additional officers as needed.

Members of the Common Council December 26, 2007 Page 2

The Corporation Counsel's office reviewed the feasibility and legality of entering into such an agreement with the Federal government. Deputy Corporation Counsel Les Pinter has rendered an opinion that there are no legal barriers to the City entering into such an agreement with the Department of Homeland Security if the Common Council approves. ICE ACCESS will provide the City of Danbury with additional law enforcement tools as we work to respond to the challenges local communities face across the country with a failed federal immigration policy. It is my recommendation that the Common Council authorize the City of Danbury to participate in the program based on the recommendations of the Chief of Police and the legal analysis of our Deputy Corporation Counsel. Sincerely,

~k~ Mayor

MDB/mm

Attachment - ICE ACCESS Fact Sheet

ICE Agreements of Cooperation in Communities to Enhance Safety and Security

ICE ACCESS

ICE Agreements of Cooperation in Communities to Enhance Safety and Security (ACCESS) prOvides local law enforcement agencies an opportunity to team with ICE to combat specific challenges in their communities. ICE developed the ACCESS program in response to the widespread interest from local law enforcement agencies who have requested ICE assistance through the 287 (g) program. This program cross-designates local officers to enforce immigration law as authorized through section 287 (g) of the Immigration and Nationality Act. The 287 g program is only one component under the ICE ACCESS umbrella of services and programs offered for assistance to local law enforcement officers.

ture Fund and are returned to member agencies to pay for a variety of important law enforcement operations. Border Enforcement Security Task Forces (BEST). The concept of the Border Enforcement Security Task Forces (BEST) is that DHS law enforcement agencies, working cooperatively with other law enforcement entities, develop a comprehensive approach to identify, disrupt and dismantle criminal organizations posing Significant threats to border security. BEST forces are currently located in Arizona, California and Texas. Criminal Allen Program (CAP). The Criminal Alien Pro-

gram (CAP) focuses on identifying criminal aliens who are incarcerated within federal, state and local facilities, ICE agents and officers will meet with agencies request- thereby ensuring that they are not released into the community by securing a final order of removal prior ing ICE ACCESS assistance to assess local needs and to draft appropriate plans of action. Based upon these to the termination of their sentence. assessments, ICE and local agencies will determine Customs Cross-deslgnatlon (TItle 19). Title 19 United which type of partnership is most beneficial and susStates Code 1401 (I) allows for federal. state, local and tainable before entering into an official agreement. foreign law enforcement officers who participate primarily on ICE task force operations to be cross desigLaw enforcement agencies interested in reviewing the nated as .. customs officers" and be granted the enforcement programs under the ICE ACCESS program are encouraged to call their local ICE office or visit authority to enforce u.s. customs law. These cross-desigwww.ice.gov for more information. nated task force officers supplement ICE's investigative mission of combating narcotics smuggling; money laundering; human smuggling and trafficking; and ICE ACCESS Support and PrograntS fraud related activities to disrupt and dismantle criminal

Asset Forfeiture. Criminal organizations that conduct

organizations threatening U.S. borders.

cross-border crimes earn illicit proceeds that sustain their criminal activity and fund other criminal endeavors. Asset forfeiture laws allow ICE agents to seize and forfeit these illicit proceeds and other criminally derived assets. ICE uses asset forfeiture to disrupt and dismantle these organizations across all ICE investigative areas, such as money laundering, bulk cash smuggling, worksite enforcement and alien and drug smuggling investigations. The proceeds of these forfeitures are deposited into the Treasury Forfei-

Document and Benefit Fraud Task Forces. ICE created Document and Benefit Fraud Task Forces (DBFTFs) to target, dismantle and seize illicit proceeds of the criminal organizations that threaten national security and public safety by exploiting the immigration process through fraud. The DBFTFs prOvide an effective platform from which to launch anti-fraud initiatives using existing manpower and authorities. Through DBms, ICE partners with other federal agencies, state and local law enforce-

ment. These task forces focus their efforts on detecting, deterring and disrupting both benefit fraud and document fraud. DBFTFs are located in Atlanta, Boston, Dallas, Denver, Detroit, Los Angeles, New York, Newark, Philadelphia, St. Paul, Washington, nc., Baltimore, Chicago, Miami, Phoenix, San Francisco and Tampa.

sumers, investigating major criminal organizations engaged in transnational intellectual property crimes, and pursuing the illegal proceeds derived from the manufacture and sale of counterfeit merchandise.

Law Enforcement Support Center (LESC). The mission of the Law Enforcement Support Center (LESC) is to Equitable Sharing!Joint Operations. Asset forfeiture has protect the US. and its people by proViding timely accurate information and assistance to the federal, state and been, and remains, a highly effective tool for taking the profit out of crime. State, local and foreign law enforce- local law enforcement community The LESC serves as a national enforcement operations center by prOViding ment support of federal investigative and prosecutorial initiatives is essential; and the sharing program has proved immigration status and identity information on aliens invaluable in fostering enhanced cooperation among the suspected, arrested or convicted of criminal activity. The law enforcement agencies. In fiscal year 2006 (FY06) , LESC operates 24 hours a day, 7 days a week assisting ICE coordinated payments of $5 .65 million in overtime law enforcement agenCies with information gathered costs for state and local police officers working alongSide from 8 DHS databases, the National Crime Information Center (NCIC), the Interstate Identification Index (III) ICE agents throughout the US., and proVided $43 .46 and other state criminal history indices. million in direct payments of eqUitable sharing of forfeited assets to 362 state and local agencies, four federal Operation Community Shield. In February 2005, ICE agencies and one foreign government. These payments launched Operation Community Shield, a national law allow agencies to cooperatively combat crimes in their enforcement initiative that brings all of ICE's law enforcejurisdictions through joint operations with ICE and have ment powers to bear in the fight against violent gangs increased goodwill and partnership with these agencies. that threatening the public safety of our communities. Operation Community Shield is part of a comprehensive Fugitive Operation Teams (FOTs). The primary mission approach of working with our law enforcement partners of FOTs is to identify, locate, apprehend, process and at the federal, state and local level to combat transnational remove fugitive aliens from the United States with the highest priority placed on those fugitives who have been gangs. Under this initiative, ICE is using its broad authorconvicted of crimes. Further, the FOTs goal is to elimiities, both criminal and administrative, against gangs and nate the backlog of fugitives and ensure that the number gang members. This authority includes conducting invesof aliens deported equals the number of final orders of tigations involVing narcotics and human smuggling, money laundering and racketeering violations. removal issued by the immigration courts in any given year. ICE relies on the assistance of all federal, state and Operation Firewall. The smuggling of bulk currency out local law enforcement agencies in this endeavor. of the US. has become a preferred method of moving Immigration Cross~eslgnatlon (TItle 8)-287g Program. illicit proceeds across our borders. To combat the increas-

The 287 (g) program cross-designates local officers to enforce immigration law as authorized through section 287(g) of the Immigration and Nationality Act. To date, more than 60 municipal, county and state agencies nationwide have requested 287 (g) memorandums of agreement with ICE and more than 400 local and state officers have been trained under the program. IPR Center. The ICE-led National Intellectual Property Rights Coordination Center (IPR Center) is the government's central point of contact in the fight against violations of intellectual property rights and the flow of counterfeit goods into the u.s. Commerce. The Center operates as a multi-agency facility responsible for coordinating a unified response regarding IPR enforcement issues. Core staffing is proVided by investigative and intelligence personnel from ICE. Particular emphasis is given to protecting the public health and safety of con-

ing use of Bulk Cash Smuggling (BCS) by criminal organizations, the ICE Financial, Narcotics and Public Safety Division and the CBP Office of Field Operations, Tactical Operations Division, developed a joint strategic BCS initiative referred to as Operation Firewall, which began in August 2005, and has expanded through FY06 and FY07 . Operation Firewall has resulted in the seizure of more than $80 million in US. currency and negotiable instruments of suspected narcotics and other criminal proceeds.

Operation Predator. Operation Predator is a program

deSigned to identify, investigate and, as appropriate, administratively deport child predators. ICE routinely coordinates and integrates investigative efforts with foreign law enforcement, in order to identify, arrest and prosecute the those involved in international pedophiliC groups or who derive proceeds from commercial child exploitation ventures.

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CITY OF DANBURY

OFFICE OF THE CORPORATION COUNSEL 155 DEER HILL AVENUE DANBURY, CONNECTICUT 06810 (203) 797-4518 (203)796-8043 FAX

MEMORANDUM To:

Honorable Mayor Mark D. Boughton Honorable Members of the Common Council

From:

I t,f~ Laszlo L. Pinter - Deputy Corporation Counsel '-' ~

Re:

ICEACCESS Program

Date:

December 18, 2007

Members of the Common Council have requested a study of the feasibility of the City of Danbury, through its Police Department, engaging in the federal ICEACCESS program. This program was authorized, by federal enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and later codified further, pursuant to law, to permit ICE (Immigration and Customs Enforcement) to enter into cooperative agreements with local police officials and "cross-designate" them to assist in the enforcement of both civil and criminal violations of immigration law. As specifically stated in the federal legislation creating these program components (codified in 8 US Code Section 1357), the Attorney General of the United States (through designated officials) is authorized to enter into contract directly with a locality, through its police department, to utilize the provisions of the ICEACCESS program. You are also and already in receipt of a Memorandum regarding this proposal from Police Chief Alan Baker setting forth the focus of the program. The most recognized component of the series of ICEACCESS support programs is known as "287(g)". This component is specifically designed to allow trained , local police officers to enforce civil and criminal violations of federal immigration law. Other program components focus on a variety of immigration enforcement programs covering a variety of immigration violations, and include organized crime, drug and human smuggling, document fraud and identity theft and work site investigation (the former two being in the nature of criminal inquiry, the latter are civil side). None of the programs provide for the unbridled arrest or detention of individuals involved in day labor, housing violations or related non criminal activity. As is the case with 287(g) and other ICEACCESS program components, once the Council authorizes the program and a local law enforcement agency ("LEA") executes a memorandum of understanding ("MOU") with ICE, local police officers are authorized, during the course of and incidental to a lawful inquiry and arrest for violation of local or state law to investigate. identify. apprehend, detain and process for ICE jurisdiction individuals who have violated civil or criminal immigration law. This process is assisted by access to the National Crime Information Center ("NCIC") that provides identity data to local, state and federal officials. This system is already in use by cooperating police authorities at all levels.

Honorable Mayor Mark D. Boughton Honorable Members of the Common Council

Page 2

December 18, 2007

The MOU defines the scope (and the limitations) of authority that the local authorities will have. It establishes the supervisory structure and the training process, as well as complaint procedures in the event of procedural defects or misconduct. According to the Chief, the process, including training, may take a period of months to secure the full benefits of the ICEACCESS program. ,

Finally, it should be noted that the ICEACCESS program solidifies already existing cooperative efforts of police officials at all levels of government, not only in the area of immigration, but others as well. "Inherent police power" is a recognized cooperative policing term and adopted to permit sovereign police authorities the capability of assisting other authorities in law enforcement to protect and promote the health, safety and welfare of the public citizenry. We are pleased to be able to provide the foregoing information to you, and remain available to answer all questions that you may have pertaining to our review of the ICEACCESS program and its use in Danbury. cc:

Chief Baker, Police Department Michael McLachlan, Chief of Staff/Mayor's Office

"Memorandum5"

Robert J. Yamin Corporation Counsel [email protected]

(203)797-4518

laszlo l. Pinter Deputy Corporation Counsel [email protected]

(203)797-4517

Robin l. Edwards Assistant Corporation Counsel r.edwards@ci .danbury.ct.us

(203) 797-4516

Dianne E. Rosemark Assistant Corporation Counsel [email protected]

(203) 796-8004

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CITY OF DANBURY DANBURY, CONNECTICUT 06810

DEPARTMENT OF POLICE 120 MAIN STREET

ALAN D. BAKER, CHIEF TERENCE M. SHANAHAN, DEPUTY CHIEF (203) 797-4614

December 20, 2007

MEMORANDUM To:

Mayor Mark D. Boughton

From:

Alan D. Baker, Chief of Police

Subject:

ICE 287g Program - Danbury Police Department

I, along with several senior staff members, met with Bruce M. Foucart, ICE Special Agent in Charge from Boston, about the 287g P.rogram. Based on our meeting and a review of their printed materials, I recommend the Danbury Police Deprutment make application to participate in the 287g on a limited basis. By participating, we would formalize a long-standing informal relationship that has existed between the Danbury Police Department and ICE. The focus of our participation would be on crimes committed by illegal immigrants. These include: ·Document Fraud ·Gangs & Organized Crime .Drug Smuggling ·Identity and Benefit Theft .Human Trafficking ·Work Site Investigation Benefits to the City of Danbury would include free training on immigration law by ICE for a limited number of officers, access to ICE criminal databases and ICE supervision while our officers engage in immigration enforcement. Costs to the City of Danbury would include the salaries for the officers during training and some computer costs to access the ICE database.

Alan D. Baker Chief of Police ADB:mrl

I1:It. '='

RECYCLED PAPER

CITY OF DANBURY DANBURY, CONNECTICUT 06810

DEPARTMENT OF POLICE 120 MAIN STREET

February 20, 2008 Agent U.S. Immigration and Customs Enforcement 10 Causeway Street, Suite 722 Boston, MA 02222-1056 Dear I am writing to request participation in the Delegation of Authority Program pursuant to 287 (g) of the Immigration and Naturalization Act. Given our past relationship with ICE, the partnership will enable us to better serve and meet the needs of residents of Danbury, CT. I have been in communication with your office in Boston and you have been very helpful and encouraging. With your advice, I am proposing the following: Establishment of a criminal task force relationship between the Danbury Police Departtnent and ICE to investigate cases with nexus to counter-terrorism and domestic security. Initially train two (2) experienced Danbury Police Departtnent Detectives in the ICE Taskforce Officer curriculum. Offer the support of the Danbury Police Department facilities, personnel and equipment when jointly pursuing criminal investigations. This program will allow us to enter into a Memorandum of Understanding that will enable us to participate with ICE in identifying criminal illegal aliens who pose a risk to the citizens of Danbury. IIook forward to your speedy endorsement of this request and moving forward with this program for the benefit of all. Sincerely,

Chief of Police

~ RECYCLED ~ PAPER

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u.s. Immigration and Customs Enforcement

MAR 8 I 2008

120 St. Danbury. CT 06180

Thank you for your February 20. 2008, le= regarding your ~quest to parmer with U.S. ImmigratiOD aod Customs Enforcement (ICE). Th~ are several programs available under in the suite of services known as rCE ACCESS (Agreements of Cooperation in Communities to

EoIuwee Safety and Security.

It is through strategic diSCll.lisions lUJd effons that !ltrong partnerships between other law eoforcemeot agencies (LEAs) aDd ICE are facilitated. Combining Federal. state and local resources has proven successful in responding to those LEAs wbo seek assistance from ICE. I have requested that the local ICE ACCESS liaison, work with your department to determine which ICE ACCESS programs will best meet our joint needs. may also conlact the loea! ICE ACCESS liaison!ii are, in the in Detention and Removal Operations,

Sinc=ly

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Sheriff (~) Jim Pendergrapb

Executive Director Office of State and Local Coordination

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