responses to 287(g) foia request to ice

8/14/2019 Responses to 287(g) FOIA Request to ICE

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Office o/Investigationsu.s. Department of Homeland Security425 I Street, NWWashington, DC 20536

DEcal Z007U.S. Immigrationand CustomsEnforcement

This is an interim response to your Freedom ofInformation Act (FOIA) request to the U.S.Immigration and Customs Enforcement, dated March 8, 2007. You seek copies of, andinformation relating to, Memoranda ofUnderstanding between the Department ofHomelandSecurity (DHS) and any state or political subdivision regarding 287(g) program.A search offiles within ICE, Office ofInvestigations produced thirty-four (34) 287(g)Memoranda ofAgreement (MOA) between DHS and state or political subdivisions. We havedetermined that these agreements will be released in their entirety without redaction.We are consulting with other agency staff to determine the existence ofother information thatmay be responsive to your request. We will contact you further with our findings.Your request has been assigned reference number 07-FOIA-51847. Please refer to this identifierin any future correspondence. You may contact this office at 202-353-8906.

Sincerely,

Reba A. McGinnisChief, Information Disclosure UnitMission Support DivisionOffice of Investigations

Enclosures: 287(g) MOA, thirty-four (34) agreements


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JAN 1 7 2008

Office of nvestigationsU.S. Department of Homeland Security425 I Street, NWWashington, DC 20536

U.S. IUluligrationand CustolnsEnforcement

This letter further responds to your Freedom oflnformation Act (FOIA) request, datedMarch 8,2007, to U.S. Immigration and Customs Enforcement (ICE). We provided you withan interim response on December 31, 2007 You seek copies of, and information relating to,Memoranda of Understanding between the Department of Homeland Security (DHS) and anystate or political subdivision regarding the 287(g) program. Our responses to each portion ofyour request are provided below.

1. All written agreements or Memorandums of Understanding ("MOUs") entered intobetween the Department of Homeland Security ("DHS ") and any State, or any politicalsubdivision of any State, pursuant to Immigration and Nationality Act ("INA") 287(g)(l), 8 U.S.c. 1357(g)(1), including supplemental or renewal agreements, andincluding but not limited to any such agreements with the Florida Department of LawEnforcement; Alabama Department of Public Safety; Los Angeles County, CA;Riverside COlll1ty, CA; San Bernardino County, CA; Mecklenburg County Sheriff, NC;and Orange County Sheriff, CA.

Along with our interim response to your request, dated December 31, 2007, we provided youwith thirty-four (34) memoranda of agreement (MOA) under the 287(g) program. We haveprovided you with all existing finalized MOAs under the 287(g) program.2. All written certifications pursuant to INA 287(g)(2), 8 U.S.C. 1357(g)(2), that the[State] officers or employees performing the function under the agreement have

received adequate training regarding the enforcement of relevant Federal immigrationlaws."ICE does not provide written certifications to the law enforcement officers that have attendedthe 287(g) Delegation of Authority training. The ICE Training Division does certify in writingto the appropriate ICE Special Agent in Charge or and/or the ICE Field Office Director thenames of those law enforcement personnel who successfully complete training and pass allrequired testing. However, the names of the individual law enforcement officers who have

www.icc.gov


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Page 2 of5attended the 287(g) training are exempt from release pursuant to Title 5 U.S.C. 552 (b)(6)and (b )(7)(C), as explained below.

3. All records relating to DRS direction and supervision over these State officers oremployees, as per INA 287(g)(3), 8 U.S.c. 1357(g)(3) ("In performing a functionunder this subsection, an officer or employee of a State or political subdivision of aState shall be subject to the direction and supervision of the Attorney GeneraL").Each MOA details the scope of the supervision that ICE will provide to each separate lawenforcement agency (LEA). As stated above, we provided you with all existing MOAs underthe 287(g) program along with our December 31, 2007 response.

4. All records relating to the use of Federal property or facilities by these State officers oremployees, and all written agreements between DRS and the States or subdivisions, asper INA 287(g)(4), 8 U.S.C. 1357(g)(4).Release of information responsive to this portion of your request could affect or limit theability of ICE to perform its immigration functions. Therefore, we are withholding thisinformation pursuant to Title 5 U.S.C. 552 (b)(2)(high), as explained below.

5. All written agreements under INA 287(g)(5), 8 U.S.c. 1357(g)(5), setting forth "thespecific powers duties that may be, or are required to be, exercised or perfonned by[these State officers or employees], and the position of the agency of the AttorneyGeneral who is required to supervise and direct the individual."The specific powers and duties that may be, or are required to be, exercised or performed bythe LEA officer is explained in detail in each LEA's MOA under Section V "Designation ofAuthorized Functions". As stated above, we provided you with all existing MOAs under the287(g) program along with our December 31, 2007 response.

6. All records relating to establishing or maintaining DRS compliance with INA 287(g)(6), 8 U.S.c. 1357(g)(6), which establishes that "The Attorney General maynot accept a service under this subsection if the service will be used to displace anyFederal employee."ICE has remained compliant with INA 287(g)(6), 8 U.S.c. 1357(g)(6) but we havegenerated no records relating to ICE's compliance with the regulation.

7. All pertaining to the training State and local officers and employees,including but not limited to training materials and handouts, curricula, teachers'manuals, training schedules and agendas, lists of individuals (by name and/or by jobtitle) andlor agencies or departments participating in these trainings, and any writtenwork submitted by the training participants (either before, during or after the trainingsessions).


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3 5have located a voluminous amount of records that be responsive this portion ofyour request. We are reviewing the records and will provide you with a further responseconcerning our determination of disclosure.8. All records pertaining to the budget for these trainings, individually and/or collectively,pertaining to expenditures out in furtherance trainings.budgeted $6,340,000expenditures. fiscal 2006 and ,100,000 year 2007 for

9. All records pertaining to any invoices or bills from DRS to any State or politicalsubdivision the supervision, training, or any purpose, in cOlmection theimplementation of any agreement executed pursuant to INA 287(g), 8 U.S.C. 1357(g).10. All records pertaining to any payments made to DRS by any State or politicalsubdivision thereof in cOlmection with the implementation of any agreement exeeuted

pursuant to INA 287(g), 8 US.c. 1357(g).With respect to item numbers 9 and 10, as indicated in the MOAs provided to you on.L/"v"'.uv' .... 31, 2007, ICE not invoice or bill LEAs for supervision, training, or theimplementation of the MOA. ICE is responsible for the salaries and benefits of all of its

,",v.,.u"", including instructors is theinstallation, and maintenance oftechnology necessary to support the investigative functions ofwith an 287(g) program. also agrees to the U'""vv""altechnological support and software updates for use by participating LEA personnel toaccomplish the delegated LEAs are responsible for salaries benefits,including overtime, for all of its personnel being trained or performing duties under any 287(g)MOA, for those personnel performing regular functions of the participating LEApersonnel while they are receiving training. No other records exist relating to this portion ofyour request.

11. All records pertaining to any payment made by DRS to any State or politicalsubdivision with the implementation of agreement executedpursuant to INA 287(g), 8 US.c. 1357(g).We are currently working towards determining the existence of responsive records concerningportion of your We will you with a further response concerningresponsive records.

12. memoranda, analyses, operations instructions, or any other record relating to theimplementation ofINA 287(g), 8 US.C. 1357(g).We are currently working towards detennining the existence of responsive records concerningthis portion of your request. We will provide you with a further response concerning anyresponsive records.


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4 513, All reports287(g). evaluations prepared relating the of

We are currently working towards determining the existence of responsive records concerningthis portion of your request. We will provide you with a further response concerning anyresponsive reeords.14. All complaints, suggestions or commentsimplementation of INA 287(g). by relating to the

ICE has received notice of one complaint relating to Maricopa County, Arizona. However,was not the complaint. Therefore, maintained no relating tocomplaint.With respect to item number 4, FOIA Exemption 2(high) protects information applicable tointernal administrative and personnel such as operating rules, guidelines, and manualof procedures of examiners or adjudicators, to the extent that disclosure would riskcircumvention of an agency regulation or statute, impede the effectiveness an agency'sactivities, or reveal sensitive information that may put the security and safety of an agencyactivity or employee at risk. Whether there is any public interest in disclosure is legallyirrelevant. Rather, concern under high 2 is that a FOIA disclosure should not benefit thoseattempting to violate the law and avoid detection.With respect to item number 2, FOIA Exemption 6 exempts from disclosure personnel ormedical files similar release of which would cause clearly unwarrantedof personal privacy. This requires a balancing of the public's right to disclosure against theprivacy. We withheld the names law enforcement officers areconsidered personal. The privacy interests of the individuals in the records you have requestedany minimal public interest disclosure of the information. Any interestyou may have in that information does not factor into the aforementioned balancing test.Further, with respect to item number 2, the names of law enforcement officers are exemptunder Exemption 7(C), which protects records or information compiled for law enforcementpurposes that could reasonably be expected to constitute an unwarranted invasion of personalprivacy. This exemption takes particular note of the strong interests of individuals, whetherthey are suspects, witnesses, or investigators, in not being unwarrantably associated withalleged criminal activity. Based upon the traditional recognition of strong privacy interest inenforcement records, categorical withholding information that identifies parties

enforcement records ordinarily appropriate. As I determined the privacyinterest in the identities of individuals in the records you have requested clearly outweigh anyHHHH.HLU public interest in disclosure the note that pri vate interestyou may have in that information does not factor into this determination.You have the right to appeal this determination. Should you wish to do so, you must send yourappeal a this letter, within of date of lettcr, to: Associate General


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5 5(General Law), Department of Homeland Washington, 20528,following the procedures outlined in the DHS FOIA regulations at 6 C.F.R. 5.9. Yourand letter should be marked "FOIA Appeal." Copies of the FOIA and DHSregulations are available at www.dhs.gov/foia.

Your request has been assigned reference number 07-FOIA-51847. Please refer to thisidentifier in any future correspondence. You may contact this office at 202-353-8906.Sincerely,



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FEB -7 2008

Office o/InvestigationsU.S. Department of Homeland Security425 I Street, NWWashington, DC 20536

u.s. Immigrationand CustomsEnforcement

This is an interim response to your Freedom ofInformation Act (FOIA) request to the U.S.Department of Homeland Security (DHS), dated March 8, 2007. We provided you with aninterim response on January 17,2008. We are addressing item # 7 of your original request for allrecords pertaining to the training of State and local officers and employees, including but notlimited to training materials and handouts, curricula, teachers' manuals, training schedules andagendas, list of individuals (by name and/or by job title) and/or agencies or departmentsparticipating in these trainings, and any written work submitted by the training participants(either before, during or after the training sessions).Please be advised that we have reviewed the training material for the 287(g) program and havedetermined that these records are exempt in their entirety pursuant to Title 5 U.S.C. 552(b)(2)(low), (b)(2) high, (b)(6), (b)(7)(C) and (b)(7)(E).The following exemptions were applied to the withheld records.FOIA Exemption (b (2) low protects information applicable to internal administrative personnelmatters to the extent that the information is of a relatively trivial nature and there is no publicinterest in the document.FOIA Exemption (b)(2) high protects information applicable to internal administrative andpersonnel matters, such as operating rules, guidelines, and manual of procedures of examiners oradjudicators, to the extent that disclosure would risk circumvention of an agency regulation orstatute, impede the effectiveness of an agency's activities, or reveal sensitive information thatmay pu,t the security and safety of an agency activity or employee at risk. Whether there is anypublic interest in disclosure is legally irrelevant. Rather, the concern under high 2 is that a FOIAdisclosure should not benefit those attempting to violate the law and avoid detection.FOIA Exemption (b)(6) exempts from disclosure personnel or medical files and similar files therelease of which would cause a clearly unwarranted invasion ofpersonal privacy. This requires abalancing of the public's right to disclosure against the individual's right privacy. The privacyinterests of the individuals in the records you have requested outweigh any minimal public


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Page 2 of2

interest in disclosure of the infonnation. Any private interest you may have in that infonnationdoes not factor into the aforementioned balancing test.Exemption (b)(7)(C) protects records or infonnation compiled for law enforcement purposesthat could reasonably be expected to constitute an unwarranted invasion of personal privacy.This exemption takes particular note of the strong interests of individuals, whether they aresuspects, witnesses, or investigators, in not being unwarrantably associated with alleged criminalactivity. That interest extends to persons who are not only the subjects of the investigation, butthose who may have their privacy invaded by having their identities and infonnation about themrevealed in connection with an investigation. As such, I have detennined that the privacyinterest in the identities of individuals in the records you have requested clearly outweigh anyminimal public interest in disclosure of the infonnation.You have the right to appeal the above withholding detennination. Should you wish to do so,you must send your appeal and a copy of this letter, within 60 days of the date of this letter, to:Associate General Counsel (General Law), U.S. Department of Homeland Security, Washington,D.C. 20528, following the procedures outlined in the DHS FOIA regulations at 6 C.F.R. 5.9.Your envelope and letter should be marked "FOIA Appeal." Copies of the FOIA and DHSregulations are available at www.dhs.gov/foia.Provisions ofthe FOIA and Privacy Act allow us to recover part of the cost of complying withyour request. In this instance, because the cost is below the $14 minimum, there is no charge.6 CFR 5.11(d)(4).If you need to contact our office again about this matter, please refer to 07-FOIA-51847. Thisoffice can be reached at (202) 353-8906.

(+)Reba A. ~ > i S ~ - ~ Chief, Infonnation Disclosure UnitMission Support DivisionOffice of Investigations


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FEB 2 2 2008

OJ}ice (J/lnvestigalio/1sLS . Department of Homeland Security425 I Street, NWWashington, DC 20536

U.S. IInmigrationand CustomsEnforcement

This letter further responds to your Freedom ofInformation Act (FOIA) request, datedMarch 8, 2007, to U.S. Immigration and Customs Enforcement (ICE) for copies of, andinformation relating to, Memoranda of Understanding between the Department of HomelandSecurity (DHS) and any state or political subdivision regarding the 287(g) program. We haveprovided you with interim responses on December 31, 2007, January 17, 2008, andFebruary 7, 2008. This response addresses item number 12 of your request for all memoranda,analyses, operations instructions, or any other record relating to the implementation ofINA 287(g), 8 U.S.C. 1357(g), and item number 13 of your request for all reports andevaluations prepared by DHS relating to the implementation of INA 287(g).In response to item numbers 12 and 13 of your request, we have located several pages ofresponsive records. We have currently reviewed 464 pages of those records. I havedetermined to withhold all 464 pages in their entirety pursuant to Title 5 U.S.C. 552(b)(2)(low), (b)(2)(high), (b)(5), (b)(6) and (b)(7)(C).The above-referenced exemptions were applied to the withheld records, as described below.FOIA Exemption 2(low) protects information applicable to internal administrative personnelmatters to the extent that the information is of a relatively trivial nature and there is no publicinterest in the document.FOIA Exemption 2(high) protects information applicable to internal administrative andpersonnel matters, such as operating rules and guidelines, to the extent that disclosure wouldrisk circumvention of an agency regulation or statute, impede the effectiveness of an agency'sactivities, or reveal sensitive information that may put the security and safety of an agencyactivity or employee at risk. Whether there is any public interest in disclosure is legallyirrelevant. Rather, the concern under high 2 is that a FOIA disclosure should not benefit thoseattempting to violate the law and avoid detection.

www.ice.gov


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Page 2 of3FOIA Exemption 5 protects from disclosure those inter- or intra-agency documents that arenormally privileged in the civil discovery context. The three most frequently invokedprivileges are the deliberative process privilege, the attorney work-product privilege, and theattorney-client privilege. After carefully reviewing the responsive documents, I determinedthat portions of the responsive documents qualify for protection under the deliberative processprivilege. The deliberative process privilege protects the integrity of the deliberative ordecision-making processes within the agency by exempting from mandatory disclosureopinions, conclusions, and recommendations included within inter-agency or intra-agencymemoranda or letters. The release of this internal information would discourage the expressionof candid opinions and inhibit the free and frank exchange of information among agencypersonnel.FOIA Exemption 6 exempts from disclosure personnel or medical files and similar files therelease of which would cause a clearly unwarranted invasion of personal privacy. Thisrequires a balancing of the public's right to disclosure against the individual's right privacy.We have withheld the names of law enforcement personnel that are considered personal. Theprivacy interests of the individuals in the records you have requested outweigh any minimalpublic interest in disclosure of the information. Any private interest you may have in thatinformation does not factor into the aforementioned balancing test.Exemption 7(C) protects records or information compiled for law enforcement purposes thatcould reasonably be expected to constitute an unwarranted invasion of personal privacy. Thisexemption takes particular note of the strong interests of individuals, whether they aresuspects, witnesses, or investigators, in not being unwarrantably associated with allegedcriminal activity. That interest extends to persons who are not only the subjects of theinvestigation, but those who may have their privacy invaded by having their identities andinformation about them revealed in connection with an investigation. Based upon thetraditional recognition of strong privacy interest in law enforcement records, categoricalwithholding of information that identifies third parties in law enforcement records is ordinarilyappropriate. As such, I have determined that the privacy interest in the identities of individualsin the records you have requested clearly outweigh any minimal public interest in disclosure ofthe information. Please note that any private interest you may have in that information doesnot factor into this determination.You have the right to appeal this determination. Should you wish to do so, you must send yourappeal and a copy of this letter, within 60 days of the date of this letter, to: Associate GeneralCounsel (General Law), U.S. Department of Romeland Security, Washington, D.C. 20528,following the procedures outlined in the DRS FOIA regulations at 6 C.F.R. 5.9. Yourenvelope and letter should be marked "FOIA Appeal." Copies of the FOIA and DRSregulations are available at www.dhs.gov/foia.We are currently reviewing additional records responsive to item numbers 12 and 13 of yourrequest. We will provide you with a further response concerning these additional records.


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Page 3 of3Your request has been assigned reference number 07-FOIA-51847. Please refer to thisidentifier in any future correspondence. You may contact this office at 202-353-8906.



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Page 2 of3FOIA Exemption 5 protects from disclosure those inter- or intra-agency documents that arenormally privileged in the civil discovery context. The three most frequently invokedprivileges are the deliberative process privilege, the attorney work-product privilege, and theattorney-client privilege. After carefully reviewing the responsive documents, I determinedthat portions of the responsive documents qualify for protection under the deliberative processprivilege. The deliberative process privilege protects the integrity of the deliberative ordecision-making processes within the agency by exempting from mandatory disclosureopinions, conclusions, and recommendations included within inter-agency or intra-agencymemoranda or letters. The release of this internal information would discourage the expressionof candid opinions and inhibit the free and frank exchange of information among agencypersonnel.FOIA Exemption 6 exempts from disclosure personnel or medical files and similar files therelease of which would cause a clearly unwarranted invasion ofpersonal privacy. Thisrequires a balancing of the public's right to disclosure against the individual's right privacy.We have withheld the names of law enforcement personnel that are considered personal. Theprivacy interests of the individuals in the records you have requested outweigh any minimalpublic interest in disclosure of the information. Any private interest you may have in thatinformation does not factor into the aforementioned balancing test.Exemption 7(C) protects records or information compiled for law enforcement purposes thatcould reasonably be expected to constitute an unwarranted invasion of personal privacy. Thisexemption takes particular note of the strong interests of individuals, whether they aresuspects, witnesses, or investigators, in not being unwarrantably associated with allegedcriminal activity. That interest extends to persons who are not only the subjects of theinvestigation, but those who may have their privacy invaded by having their identities andinformation about them revealed in connection with an investigation. Based upon thetraditional recognition of strong privacy interest in law enforcement records, categoricalwithholding of information that identifies third parties in law enforcement records is ordinarilyappropriate. As such, I have determined that the privacy interest in the identities of individualsin the records you have requested clearly outweigh any minimal public interest in disclosure ofthe information. Please note that any private interest you may have in that information doesnot factor into this determination.You have the right to appeal this determination. Should you wish to do so, you must send yourappeal and a copy ofthis letter, within 60 days of the date of this letter, to: Associate GeneralCounsel (General Law), U.S. Department of Romeland Security, Washington, D.C. 20528,following the procedures outlined in the DRS FOIA regulations at 6 C.F.R. 5.9. Yourenvelope and letter should be marked "FOIA Appeal." Copies of the FOIA and DRSregulations are available at www.dhs.gov/foia.We are currently reviewing additional records responsive to item numbers 12 and 13 of yourrequest. We will provide you with a further response concerning these additional records.


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Page 3 of3Your request has been assigned reference number 07-FO IA -51847. Please refer to thisidentifier in any future correspondence. You may contact this office at 202-353-8906.

Chief, Information Disclosure UnitMission Support DivisionOffice of Investigations


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MAR 1 4 2008

Office a/Investigationsu.s. Department of Homeland Security425 I Street, NWWashington, DC 20536U.s. Immigrationand CustomsEnforcement

This letter further responds to your Freedom of Information Act (FOIA) request, datedMarch 8, 2007, to U.S. Immigration and Customs Enforcement (ICE) for copies of, andinformation relating to, Memoranda of Understanding between the Department of HomelandSecurity (DHS) and any state or political subdivision regarding the 287(g) program. Our lastinterim response was sent to you on March 7, 2008. This response further addresses itemnumber 12 of your request for all memoranda, analyses, operations instructions, or any otherrecord relating to the implementation of INA 287(g), 8 U.S.C. 1357(g), and item number13 of your request for all reports and evaluations prepared by DHS relating to theimplementation of INA 287(g).In response to item numbers 12 and 13 of your request, we have located several pages ofresponsive records. We have reviewed an additional 339 pages of those records. I havedetermined to withhold all 339 pages in their entirety pursuant to Title 5 U.S.C. 552(b)(2)(low), (b)(2)(high), (b)(5), (b)(6) and (b)(7)(C).The above-referenced exemptions were applied to the withheld records, as described below.FOIA Exemption 2(low) protects information applicable to internal administrative personnelmatters to the extent that the information is of a relatively trivial nature and there is no publicinterest in the document.FOIA Exemption 2(bigb) protects information applicable to internal administrative andpersonnel matters, such as operating rules and guidelines, to the extent that disclosure wouldrisk circumvention of an agency regulation or statute, impede the effectiveness of an agency'sactivities, or reveal sensitive information that may put the security and safety of an agencyactivity or employee at risk. Whether there is any public interest in disclosure is legallyirrelevant. Rather, the concern under high 2 is that a FOIA disclosure should not benefit thoseattempting to violate the law and avoid detection.

www.ice.gov


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Page 2 of3FOIA Exemption 5 protects from disclosure those inter- or intra-agency documents that arenormally privileged in the civil discovery context. The three most frequently invokedprivileges are the deliberative process privilege, the attorney work-product privilege, and theattorney-client privilege. After carefully reviewing the responsive documents, I determinedthat portions of the responsive documents qualify for protection under the deliberative processprivilege. The deliberative process privilege protects the integrity of the deliberative ordecision-making processes within the agency by exempting from mandatory disclosureopinions, conclusions, and recommendations included within inter-agency or intra-agencymemoranda or letters. The release of this internal information would discourage the expressionof candid opinions and inhibit the free and frank exchange of information among agencypersonnel.FOIA Exemption 6 exempts from disclosure personnel or medical files and similar files therelease ofwhich would cause a clearly unwarranted invasion of personal privacy. Thisrequires a balancing of the public 's right to disclosure against the individual's right privacy.We have withheld the names of law enforcement personnel that are considered personal. Theprivacy interests ofthe individuals in the records you have requested outweigh any minimalpublic interest in disclosure of the information. Any private interest you may have in thatinformation does not factor into the aforementioned balancing test.Exemption 7(C) protects records or information compiled for law enforcement purposes thatcould reasonably be expected to constitute an unwarranted invasion of personal privacy. Thisexemption takes particular note of the strong interests of individuals, whether they aresuspects, witnesses, or investigators, in not being unwarrantably associated with allegedcriminal activity. That interest extends to persons who are not only the subjects of theinvestigation, but those who may have their privacy invaded by having their identities andinformation about them revealed in connection with an investigation. Based upon thetraditional recognition of strong privacy interest in law enforcement records, categoricalwithholding of information that identifies third parties in law enforcement records is ordinarilyappropriate. As such, I have determined that the privacy interest in the identities of individualsin the records you have requested clearly outweigh any minimal public interest in disclosure ofthe information. Please note that any private interest you may have in that information doesnot factor into this determination.You have the right to appeal this determination. Should you wish to do so, you must send yourappeal and a copy of this letter, within 60 days of the date of this letter, to: Associate GeneralCounsel (General Law), U.S. Department of Romeland Security, Washington, D.C. 20528,following the procedures outlined in the DRS FOIA regulations at 6 C.F.R. 5.9. Yourenvelope and letter should be marked "FOIA Appeal." Copies of the FOIA and DRSregulations are available at www.dhs.gov/foia.We are currently reviewing additional records responsive to item numbers 12 and 13 of yourrequest. We will provide you with a further response concerning these additional records.


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Sincerely,

~ y j ! l l ~ -Reba A. McGinnisChief, Information Disclosure UnitMission Support DivisionOffice of Investigations


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MAR 1 9 2008

Office a/Investigationsu.s. Department of Homeland Security425 I Street, NWWashington, DC 20536u.s. Immigrationand CustomsEnforcement

This letter further responds to your Freedom ofInformation Act (FOIA) request, datedMarch 8, 2007, to U.S. Immigration and Customs Enforcement (ICE) for copies of, andinformation relating to, Memoranda of Understanding between the Department of HomelandSecurity (DHS) and any state or political subdivision regarding the 287(g) program. Our lastinterim response was sent to you on March 14, 2008. This response further addresses itemnumber 12 of your request for all memoranda, analyses, operations instructions, or any otherrecord relating to the implementation of INA 287(g), 8 U.S.C. 1357(g), and item number13 of your request for all reports and evaluations prepared by DHS relating to theimplementation of INA 287(g).We have reviewed an additional 301 pages in response to item numbers 12 and 13 of yourrequest. I have determined to withhold all 301 pages in their entirety pursuant to Title 5 U.S.C. 552 (b)(2)(low), (b)(2)(high), (b)(6) and (b)(7)(C).The above-referenced exemptions were applied to the withheld records, as described below.FOIA E x e m p t i ~ n 2(low) protects information applicable to internal administrative personnelmatters to the extent that the information is of a relatively trivial nature and there is no public'interest in the document.FOIA Exemption 2(bigb) protects information applicable to internal administrative andpersonnel matters, such as operating rules and guidelines, to the extent that disclosure wouldrisk circumvention of an agency regulation or statute, impede the effectiveness of an agency'sactivities, or reveal sensitive information that may put the security and safety of an agencyactivity or employee at risk. Whether there is any public interest in disclosure is legallyirrelevant. Rather, the concern under high 2 is that a FOIA disclosure should not benefit thoseattempting to violate the law and avoid detection.

www.ice.goY


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Page 2 of2FOIA Exemption 6 exempts from disclosure personnel or medical files and similar files therelease of which would cause a clearly unwarranted invasion of personal privacy. Thisrequires a balancing of the public's right to disclosure against the individual's right privacy.We have withheld the names of law enforcement personnel that are considered personal. Theprivacy interests of the individuals in the records you have requested outweigh any minimalpublic interest in disclosure of the information. Any private interest you may have in thatinformation does not factor into the aforementioned balancing test.Exemption 7(C) protects records or information compiled for law enforcement purposes thatcould reasonably be expected to constitute an unwarranted invasion of personal privacy. Thisexemption takes particular note of the strong interests of individuals, whether they aresuspects, witnesses, or investigators, in not being unwarrantably associated with allegedcriminal activity. That interest extends to persons who are not only the subjects of theinvestigation, but those who may have their privacy invaded by having their identities andinformation about them revealed in connection with an investigation. Based upon thetraditional recognition of strong privacy interest in law enforcement records, categoricalwithholding of information that identifies third parties in law enforcement records is ordinarilyappropriate. As such, I have determined that the privacy interest in the identities of individualsin the records you have requested clearly outweigh any minimal public interest in disclosure ofthe information. Please note that any private interest you may have in that information doesnot factor into this determination.You have the right to appeal this determination. Should you wish to do so, you must send yourappeal and a copy ofthis letter, within 60 days ofthe date of this letter, to: Associate GeneralCounsel (General Law), U.S. Department of Romeland Security, Washington, D.C. 20528,following the procedures outlined in the DRS FOIA regulations at 6 C.F.R. 5.9. Yourenvelope and letter should be marked "FOIA Appeal." Copies of the FOIA and DRSregulations are available at www.dhs.gov/foia.We are currently reviewing additional records responsive to item numbers 12 and 13 of yourrequest. We will provide you with a further response concerning these additional records.Your request has been assigned reference number 07-FOIA-51847. Please refer to thisidentifier in any future correspondence. You may contact this office at 202-353-8906.

Sincerely,

/ 1 J ~ ' cGinnisChief, Information Disclosure UnitMission Support DivisionOffice of Investigations


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MAR 28 2008

Office of fivesriga/ionsC.S. Department of Homeland Security425 I Street, NWWashington, DC 20536

U.S. bnlnigrationand CustomsEnforcement

This letter further responds to your Freedom ofInformation Act (FOIA) request, datedMarch 8, 2007, to U.S. Immigration and Customs Enforcement (ICE) for copies of, andinformation relating to, Memoranda of Understanding between the Department of HomelandSecurity (DHS) and any state or political subdivision regarding the 287(g) program. Weprovided you with our last interim response on March 19,2008. This response furtheraddresses item number 12 of your request for all memoranda, analyses, operations instructions,or any other record relating to the implementation of INA 287(g), 8 U.S.C. 1357(g), anditem number 13 of your request for all reports and evaluations prepared by DHS relating to theimplementation of INA 287(g).In response to item numbers 12 and 13 of your request, we have located several pages ofresponsive records. We have reviewed an additional 303 pages of those records. I havedetermined to withhold all 303 pages in their entirety pursuant to Title 5 U.S.C. 552(b)(2)(low), (b )(2)(high), (b )(5), (b )(6) and (b )(7)(C).The above-referenced e x e m : p ! i o l 1 s _ w e l " e a p ~ l i e c l tg t l 1 ~ withheldIecQrds, as_described below.FOIA Exemption 2(low) protects information applicable to internal administrative personnelmatters to the extent that the information is of a relatively trivial nature and there is no publicinterest in the document.FOIA Exemption 2(high) protects information applicable to internal administrative andpersonnel matters, such as operating rules and guidelines, to the extent that disclosure wouldrisk circumvention of an agency regulation or statute, impede the effectiveness of an agency'sactivities, or reveal sensitive information that may put the security and safety of an agencyactivity or employee at risk. Whether there is any public interest in disclosure is legallyirrelevant. Rather, the concern under high 2 is that a FOIA disclosure should not benefit thoseattempting to violate the law and avoid detection.

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Page 2 of3FOIA Exemption 5 protects from disclosure those inter- or intra-agency documents that arenormally privileged in the civil discovery context. The three most frequently invokedprivileges are the deliberative process privilege, the attorney work-product privilege, and theattorney-client privilege. After carefully reviewing the responsive documents, I determinedthat portions of the responsive documents qualify for protection under the deliberative processprivilege. The deliberative process privilege protects the integrity of the deliberative ordecision-making processes within the agency by exempting from mandatory disclosureopinions, conclusions, and recommendations included within inter-agency or intra-agencymemoranda or letters. The release of this internal information would discourage the expressionof candid opinions and inhibit the free and frank exchange of information among agencypersonnel.FOIA Exemption 6 exempts from disclosure personnel or medical files and similar files therelease of which would cause a clearly unwarranted invasion of personal privacy. Thisrequires a balancing of the public's right to disclosure against the individual's right privacy.We have withheld the names of law enforcement personnel that are considered personal. Theprivacy interests of the individuals in the records you have requested outweigh any minimalpubiic interest in disclosure of the information. Any private interest you may have in thatinformation does not factor into the aforementioned balancing test.Exemption 7(C) protects records or information compiled for law enforcement purposes thatcould reasonably be expected to constitute an unwarranted invasion ofpersonal privacy. Thisexemption takes particular note of the strong interests of individuals, whether they aresuspects, witnesses, or investigators, in not being unwarrantably associated with allegedcriminal activity. That interest extends to persons who are not only the subjects of theinvestigation, but those who may have their privacy invaded by having their identities andinformation about them revealed in connection with an investigation. Based upon thetraditional recognition of strong privacy interest in law enforcement records, categoricalwithholding of information that identifies third parties in law enforcement records is ordinarilyappropriate. As such, I have determined that the privacy interest in the identities of individualsin the records you have requested clearly outweigh any minimal public interest in disclosure ofthe information. Please note that any private interest you may have in that information doesnot factor into this determination.You have the right to appeal this determination. Should you wish to do so, you must send yourappeal and a copy of this letter, within 60 days of the date of this letter, to: Associate GeneralCounsel (General Law), U.S. Department of Homeland Security, Washington, D.C. 20528,following the procedures outlined in the DHS FOIA regulations at 6 C.F.R. 5.9. Yourenvelope and letter should be marked "FOIA Appeal." Copies of the FOIA and DHSregulations are available at www.dhs.gov/foia.We are currently reviewing additional records responsive to item numbers 12 and 13 of yourrequest. We will provide you with a further response concerning these additional records.


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Sincerely,



23/34

APR - 4 2008

Ojtlce of nvestigationsLS . Department of Homeland Security425 1 Street, NW\Vashingtol1, DC 20536

U.S. Imnligrationand CustomsEnforcement

This letter further responds to your Freedom of Information Act (FOIA) request, datedMarch 8, 2007, to U.S. Immigration and Customs Enforcement (ICE) for copies of, andinformation relating to, Memoranda of Understanding between the Department of HomelandSecurity (DHS) and any state or political subdivision regarding the 287(g) program. Weprovided you with our last interim response on March 28,2008. This response furtheraddresses item number 12 of your request for all memoranda, analyses, operations instructions,or any other record relating to the implementation of INA 287(g), 8 U.S.c. 1357(g), anditem number 13 of your request for all reports and evaluations prepared by DHS relating to theimplementation of INA 287(g).In response to item numbers 12 and 13 of your request, we have located several pages ofresponsive records. We have reviewed an additional 774 pages of those records. I havedetermined to withhold all 774 pages in their entirety pursuant to Title 5 U.S.C. 552(b)(2)(low), (b)(2)(high), (b)(5), (b)(6) and (b)(7)(C).The above-referenced exemptions were applied to the withheld records, as described below.FOIA Exemption 2(low) protects information applicable to internal administrative personnelmatters to the extent that the information is of a relatively trivial nature and there is no publicinterest in the document.FOIA Exemption 2(bigb) protects information applicable to internal administrative andpersonnel matters, such as operating rules and guidelines, to the extent that disclosure wouldrisk circumvention of an agency regulation or statute, impede the effectiveness of an agency'sactivities, or reveal sensitive information that may put the security and safety of an agencyactivity or employee at risk. Whether there is any public interest in disclosure is legallyirrelevant. Rather, the concern under high 2 is that a FOIA disclosure should not benefit thoseattempting to violate the law and avoid detection.

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Page 2 of3FOIA Exemption 5 protects from disclosure those inter- or intra-agency documents that arenormally privileged in the civil discovery context. The three most frequently invokedprivileges are the deliberative process privilege, the attorney work-product privilege, and theattorney-client privilege. After carefully reviewing the responsive documents, I determinedthat portions of the responsive documents qualify for protection under the deliberative processprivilege. The deliberative process privilege protects the integrity of the deliberative ordecision-making processes within the agency by exempting from mandatory disclosureopinions, conclusions, and recommendations included within inter-agency or intra-agencymemoranda or letters. The release of this internal information would discourage the expressionof candid opinions and inhibit the free and frank exchange of information among agencypersonnel.FOIA Exemption 6 exempts from disclosure personnel or medical files and similar files therelease of which would cause a clearly unwarranted invasion of personal privacy. Thisrequires a balancing ofthe public's right to disclosure against the individual's right privacy.We have withheld the names of law enforcement personnel that are considered personal. Theprivacy interests of the individuals in the records you have requested outweigh any minimalpublic interest in disclosure of the information. Any private interest you may have in thatinformation does not factor into the aforementioned balancing test.Exemption 7(C) protects records or information compiled for law enforcement purposes thatcould reasonably be expected to constitute an unwarranted invasion of personal privacy. Thisexemption takes particular note of the strong interests of individuals, whether they aresuspects, witnesses, or investigators, in not being unwarrantably associated with allegedcriminal activity. That interest extends to persons who are not only the subjects of theinvestigation, but those who may have their privacy invaded by having their identities andinformation about them revealed in connection with an investigation. Based upon thetraditional recognition of strong privacy interest in law enforcement records, categoricalwithholding of information that identifies third parties in law enforcement records is ordinarilyappropriate. As such, I have determined that the privacy interest in the identities of individualsin the records you have requested clearly outweigh any minimal public interest in disclosure ofthe information. Please note that any private interest you may have in that information doesnot factor into this determination.You have the right to appeal this determination. Should you wish to do so, you must send yourappeal and a copy of this letter, within 60 days of the date of this letter, to: Associate GeneralCounsel (General Law), U.S. Department of Romeland Security, Washington, D.C. 20528,following the procedures outlined in the DRS FOIA regulations at 6 C.F.R. 5.9. Yourenvelope and letter should be marked "FOIA Appeal." Copies of the FOIA and DRSregulations are available at www.dhs.gov/foia.We are still reviewing additional records responsive to item numbers 12 and 13 of yourrequest. We will provide you with a further response concerning these additional records.


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Page 3 of3As you are aware, your request has been assigned reference number 07-FOIA-51847. Pleaserefer to this identifier in any future correspondence. You may contact this office at 202-353-8906.

eba A. McGinnisChief, Information Disclosure UnitMission Support DivisionOffice of Investigations


26/34

APR 1 1 2008

Office a/Investigationsu.s. Department of Homeland Security425 I Street, NWWashington, DC 20536U.S. Inlnligrationand CustolnsEnforcelnent

This letter further responds to your Freedom of Information Act (FOIA) request, datedMarch 8, 2007, to U.S. Immigration and Customs Enforcement (ICE) for copies of, andinformation relating to, Memoranda of Understanding between the Department of HomelandSecurity (DHS) and any state or political subdivision regarding the 287(g) program. Our lastinterim response was sent to you on April 4, 2008. This response further addresses itemnumber 12 of your request for all memoranda, analyses, operations instructions, or any otherrecord relating to the implementation of INA 287(g), 8 U.S.C. 1357(g), and item number13 of your request for all reports and evaluations prepared by DHS relating to theimplementation of INA 287(g).We have reviewed an additional 88 pages in response to item numbers 12 and 13 of yourrequest. I have determined to withhold all 88 pages in their entirety pursuant to Title 5 U.S.C. 552(b)(2)(high) and (b)(5).The above-referenced exemptions were applied to the withheld information, as describedbelow.FOIA Exemption 2(high) protects information applicable to internal administrative andpersonnel matters, such as operating rules and guidelines, to the extent that disclosure wouldrisk circumvention of an agency regulation or statute, impede the effectiveness of an agency'sactivities, or reveal sensitive information that may put the security and safety of an agencyactivity or employee at risk. Whether there is any public interest in disclosure is legallyirrelevant. Rather, the concern under high 2 is that a FOIA disclosure should not benefit thoseattempting to violate the law and avoid detection.FOIA Exemption 5 protects from disclosure those inter- or intra-agency documents that arenormally privileged in the civil discovery context. The three most frequently invokedprivileges are the deliberative process privilege, the attorney work-product privilege, and theattorney-client privilege. After carefully reviewing the responsive documents, I determinedthat the responsive documents qualify for protection under the deliberative process privilege.The deliberative process privilege protects the integrity of the deliberative or decision-makingprocesses within the agency by exempting from mandatory disclosure opinions, conclusions,

www.icc.gOY


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Page 2 of2and recommendations included within inter-agency or intra-agency memoranda or letters. Therelease of this internal information would inhibit the free and frank exchange of informationamong agency personnel.You have the right to appeal this determination. Should you wish to do so, you must send yourappeal and a copy of this letter, within 60 days of the date of this letter, to: Associate GeneralCounsel (General Law), U.S. Department of Homeland Security, Washington, D.C. 20528,following the procedures outlined in the DHS FOIA regulations at 6 C.F.R. 5.9. Yourenvelope and letter should be marked "FOIA Appeal." Copies of the FOIA and DHSregulations are available at www.dhs.gov/foia.We are currently reviewing additional records responsive to item numbers 12 and 13 of yourrequest. We will provide you with a further response concerning these additional records.Your request has been assigned reference number 07-FOIA-51847. Please refer to thisidentifier in any future correspondence. You may contact this office at 202-353-8906.



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APR 2 5 2008

Office a/Investigationsr.s. Department of Homeland Security425 I Street, NWWashington, DC 20536U.S. Immigrationand CustomsEnforcement

This letter further responds to your Freedom ofInformation Act (FOIA) request, datedMarch 8, 2007, to U.S. Immigration and Customs Enforcement (ICE) for copies of, andinformation relating to, Memoranda of Understanding between the Department of HomelandSecurity (DHS) and any state or political subdivision regarding the 287(g) program. Weprovided you with our last interim response on April 11, 2008. This response further addressesitem number 12 of your request for all memoranda, analyses, operations instructions, or anyother record relating to the implementation of INA 287(g), 8 U.S.C. 1357(g), and itemnumber 13 of your request for all reports and evaluations prepared by DHS relating to theimplementation of INA 287(g).In response to item numbers 12 and 13 of your request, we have reviewed an additional 588pages of those records. I have determined to withhold all 588 pages in their entirety pursuantto Title 5 U.S.C. 552 (b)(2)(high), (b)(5), (b)(6) and (b)(7)(C).The above-referenced exemptions were applied to the withheld records, as described below.FOIA Exemption 2(high) protects information applicable to internal administrative andpersonnel matters, such as operating rules and guidelines, to the extent that disclosure wouldrisk circumvention of an agency regulation or statute, impede the effectiveness of an agency'sactivities, or reveal sensitive information that may put the security and safety of an agencyactivity or employee at risk. Whether there is any public interest in disclosure is legallyirrelevant. Rather, the concern under high 2 is that a FOIA disclosure should not benefit thoseattempting to violate the law and avoid detection.FOIA Exemption 5 protects from disclosure those inter- or intra-agency documents that arenormally privileged in the civil discovery context. The three most frequently invokedprivileges are the deliberative process privilege, the attorney work-product privilege, and theattorney-client privilege. After carefully reviewing the responsive documents, I determinedthat the documents were prepared for briefing purposes and qualify for protection under thedeliberative process privilege. The deliberative process privilege protects the integrity of the

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Page 2 of3deliberative or decision-making processes within the agency by exempting from mandatorydisclosure opinions, conclusions, and recommendations included within inter-agency or intra-agency memoranda or letters. The release of this internal information would discourage theexpression of candid opinions and inhibit the free and frank exchange of information amongagency personnel.FOIA Exemption 6 exempts from disclosure personnel or medical files and similar files therelease of which would cause a clearly unwarranted invasion of personal privacy. Thisrequires a balancing ofthe public's right to disclosure against the individual's right privacy.We have withheld the names of law enforcement personnel that are considered personal. Theprivacy interests of the individuals in the records you have requested outweigh any minimalpublic interest in disclosure ofthe information. Any private interest you may have in thatinformation does not factor into the aforementioned balancing test.Exemption 7(C) protects records or information compiled for law enforcement purposes thatcould reasonably be expected to constitute an unwarranted invasion of personal privacy. Thisexemption takes particular note of the strong interests of individuals, whether they aresuspects, witnesses, or investigators, in not being unwarrantably associated with allegedcriminal activity. That interest extends to persons who are not only the subjects oftheinvestigation, but those who may have their privacy invaded by having their identities andinformation about them revealed in connection with an investigation. Based upon thetraditional recognition of strong privacy interest in law enforcement records, categoricalwithholding of information that identifies third parties in law enforcement records is ordinarilyappropriate. As such, I have determined that the privacy interest in the identities of individualsin the records you have requested clearly outweigh any minimal public interest in disclosure ofthe information. Please note that any private interest you may have in that information doesnot factor into this determination.You have the right to appeal this determination. Should you wish to do so, you must send yourappeal and a copy of this letter, within 60 days ofthe date of this letter, to: Associate GeneralCounsel (General Law), U.S. Department of Homeland Security, Washington, D.C. 20528,following the procedures outlined in the DHS FOIA regulations at 6 C.F.R. 5.9. Yourenvelope and letter should be marked "FOIA Appeal." Copies ofthe FOIA and DHSregulations are available at www.dhs.gov/foia.We are still reviewing additional records responsive to item numbers 12 and 13 of yourrequest. We will provide you with a further response concerning these additional records.


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Page 3 of3

As you are aware, your request has been assigned reference number 07-FOIA-51847. Pleaserefer to this identifier in any future correspondence. You may contact this office at 202-353-8906.Sincerely,

r f ] J ; d m ~ Reba A. McGinnisChief, Information Disclosure UnitMission Support DivisionOffice of Investigations


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MAY - 4 2008

Ofjice oflnvesrigaliollslJ.S. Department of Homeland Sectlrity425 1 Street, NWWashington, DC 20536

U.S. bnmigrationand CustomsEnforcement

This letter further responds to your Freedom ofInformation Act (FOIA) request, datedMarch 8, 2007, to U.S. Immigration and Customs Enforcement (ICE) for copies of, andinformation relating to, Memoranda of Understanding between the Department of HomelandSecurity (DHS) and any state or political subdivision regarding the 287(g) program. Weprovided you with our last interim response on April 11, 2008. This response further addressesitem number 12 of your request for all memoranda, analyses, operations instructions, or anyother record relating to the implementation of INA 287(g), 8 U.S.C. 1357(g), and itemnumber 13 of your request for all reports and evaluations prepared by DHS relating to theimplementation of INA 287(g).In response to item numbers 12 and 13 of your request, we have reviewed an additional 127pages of those records. I have determined to release 30 pages in their entirety; withhold 62pages in part pursuant to Title 5 U.S.C. 552 (b)(2)(high) and (b)(7)(C); and withhold 37pages in their entirety pursuant to Title 5 U.S.C. 552 (b)(2)(high), (b)(5) and (b)(7)(C).Enclosed are the 92 pages of records responsive to your request which include the 30 pages ofrecords released in their entirety and the 62 pages released in part. The above-referencedexemptions were applied to the withheld information, as described below.FOIA Exemption 2(high) protects information applicable to internal administrative andJ 2 e r S O n n ~ l 1 i l l } t e I ~ 1 ! c Q . j l l L Q l t l t t : a t i ! ! & . l J ! J ~ o ~ d g u i ~ ~ E ! } ~ ~ e ) L ~ s ~ ! h ~ t ~ J ~ 1 2 g 2 ! l ~ _ ~ l ! l b e I ~ ~ < 2 f _ ~ ~ ~ ~ _ . _ w ___law enforcement agents, to the extent that disclosure would risk circumvention of an agencyregulation or statute, impede the effectiveness of an agency's activities, or reveal sensitiveinformation that may put the security and safety of an agency activity or employee at risk.Whether there is any public interest in disclosure is legally irrelevant. Rather, the concernunder high 2 is that a FOIA disclosure should not benefit those attempting to violate the lawand avoid detection.FOIA Exemption 5 protects from disclosure those inter- or intra-agency documents that arenOrnlallyprivilegedin the civildiscovery context. The three most frequently invoked

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Page 2 of2privileges are the deliberative process privilege, the attorney work-product privilege, and theattorney-client privilege. After carefully reviewing the responsive documents, I determinedthat the intra-agency memoranda and draft correspondence letters qualify for protection underthe deliberative process privilege. The deliberative process privilege protects the integrity ofthe deliberative or decision-making processes within the agency by exempting from mandatorydisclosure opinions, conclusions, and recommendations included within inter-agency or intra-agency memoranda or letters. The release of this internal information would discourage theexpression of candid opinions and inhibit the free and frank exchange of information amongagency personnel.Exemption 7(C) protects records or information compiled for law enforcement purposes thatcould reasonably be expected to constitute an unwarranted invasion of personal privacy. Thisexemption takes particular note of the strong interests of individuals, whether they aresuspects, witnesses, or investigators, in not being unwarrantably associated with allegedcriminal activity. That interest extends to persons who are not only the subjects of theinvestigation, but those who may have their privacy invaded by having their identities andinformation about them revealed in connection with an investigation. Based upon thetraditional recognition of strong privacy interest in law enforcement records, categoricalwithholding of information that identifies third parties in law enforcement records is ordinarilyappropriate. As such, I have determined that the privacy interest in the identities of individualsin the records you have requested clearly outweigh any minimal public interest in disclosure ofthe information. Please note that any private interest you may have in that information doesnot factor into this determination.You have the right to appeal this determination. Should you wish to do so, you must send yourappeal and a copy of this letter, within 60 days of the date ofthis letter, to: Associate GeneralCounsel (General Law), U.S. Department of Homeland Security, Washington, D.C. 20528,following the procedures outlined in the DHS FOIA regulations at 6 C.F.R. 5.9. Yourenvelope and letter should be marked "FOIA Appeal." Copies ofthe FOIA and DHSregulations are available at www.dhs.gov/foia.We are still reviewing additional records responsive to item numbers 12 and 13 of yourrequest. We will provide you with a further response concerning these additional records.As you are aware, your request has been assigned reference number 07-FOIA-51847. Pleaserefer to this identifier in any future correspondence. You may contact this office at 202-353-8906.

Chief, Information Disclosure UnitMission Support DivisionOffice of Investigations


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MAY 2 3 2008

Office of nvestigationsU.S. Departm.ent of.Homeland Security4251 Street, NWWashington, DC 20536

U.S. Immigrationand CustomsEnforcement

This letter is our final response to your Freedom of Information Act (FOIA) request, datedMarch 8, 2007, to U.S. Immigration and Customs Enforcement (ICE) for copies of, andinformation relating to, Memoranda ofUnderstanding between the Department of HomelandSecurity (DHS) and any state or political subdivision regarding the 287(g) program. Weprovided you with our last interim response on May 4,2008. This response addresses itemnumber 12 of your request for all memoranda, analyses, operations instructions, or any otherrecord relating to the implementation of INA 287(g), 8 U.s.C. 1357(g), and item number13 of your request for all reports and evaluations prepared by DHS relating to theimplementation of INA 287(g). "In response to item numbers 12 and 13 of your request, we have reviewed an additional 283pages of those records. I have determined to withhold 1 page in part pursuant to Title5 U.s.C. 552 (b)(2)(high) and (b)(7)(C) and 282 pages in their entirety pursuant to Title 5U.S.C. 552 (b)(2)(high), (b)(5) and (b)(7)(C).Enc1osed,isthe 1 page r.e.cordwithheld in, part . The above-referenced e x ~ m p t i o n s were appliedto the withheld information, as described below.FOIA Exemption 2(high) protects information applicable to internal administrative andpersonnel matters, such as operating rules and guidelines, as well as the telephone numbers oflaw enforcement agents, to the extent that disclosure would risk circumvention of an agencyregulation or statute, impede the effectiveness of an agency's activities, or reveal sensitiveinformation that may put the security and safety of an agency activity or employee at risk.Whether there is any public interest in disclosure is legally irrelevant. Rather, the concernunder high 2 is that a FOIA disclosure should not benefit those attempting to violate the lawand avoid detection.FOIA Exemption 5 protects from disclosure those inter- or intra-agency documents that arenormally privileged in the civil discovery context. The three most frequently invoked

www.ice.gov


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Page 2 of2privileges are the deliberative process privilege, the attorney work-product privilege, and theattorney-client privilege. After carefully reviewing the responsive documents, I determinedthat the intra-agency memoranda and draft correspondence letters qualify for protection underthe deliberative process privilege. The deliberative process privilege protects the integrity ofthe deliberative or decision-making processes within the agency by exempting from mandatorydisclosure opinions, conclusions, and recommendations included within inter-agency or intra-agency memoranda or letters. The release of this internal information would discourage theexpression of candid opinions and inhibit the free and frank exchange of information amongagency personnel.Exemption 7(C) protects records or information compiled for law enforcement purposes thatcould reasonably be expected to constitute an unwarranted invasion of personal privacy. Thisexemption takes particular note of the strong interests of individuals, whether they aresuspects, witnesses, or investigators, in not being unwarrantably associated with allegedcriminal activity. That interest extends to persons who are not only the subjects of theinvestigation, but those who may have their privacy invadedby having their identities andinformation about them revealed in connection with an investigation. Based upon thetraditional recognition of strong privacy interest in law enforcement records, categoricalwithholding of information that identifies third parties in law enforcement records is ordinarilyappropriate. As such, I have determined that the privacy interest in the identities of individualsin the records you have requested clearly outweigh any minimal public interest in disclosure ofthe information. Please note that any private interest you may have in that information doesnot factor into this determination.You have the right to appeal this determination. Should you wish to do so, you must send yourappeal and a copy of this letter, within 60 days of the date of this letter, to: Associate GeneralCounsel (General Law), U.S. Department of Romeland Security, Washington, D.C. 20528,following the procedures outlined in the DRS FOIA regulations at 6 C.F.R. 5.9. Yourenvelope and letter should be marked "FOIA Appeal." Copies of the FOIAand DRSregulations are available at www.dhs.gov/foia.As you are aware, your request has been assigned reference number 07-FOIA-51847. Pleaserefer to this identifier in any future correspondence. You may contact this office at 202-353-8906.

Enclosure: One (1) page

Sincerely,~ I J ~ eba A. McGinnisChief, Information Disclosure UnitMission Support Divis ionOffice of Investigations

responses to 287(g) foia request to ice

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