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STAlE REPRESPNTATIVE
'T'biny..s~ Dlnrict
N'MIII"ll ~ *
8nY~ Mm&«--. VICC-Cbait
HOUSE OF REPRESI!NT/>JIVES
STATE OF DELAWARE "'""""'"
Coo=i. .

ocu UlIIl LSGlSLATIVE HAlL


DOVER. DELAWARE 19901
TOYrilm
~A1Iair.

Septtmber 27, 2007

The Honorable .joseph R. Biden, Jr.


1105 North Market Str.et, Suite 2000
Wilmington, Delaware 19801

The Honorable Thomas R. Carper


301 North Walnut Stred, Suite 102L-I
Wilmington, Deloware 19801

The Honorable Michael N. Castl.


201 North WalnUt Stre.,t, Suit" 107
Wilmington, Delaware 19801

Dear Senator Blden. Senator Carper C1I\d Congressman Castle:

The M<rfor and Council of the 'Town af Geargetawn have expressed


their interest with me jn setl.lrlng a Memorandum of ~9reelT\ent between the
De;xu-tmant of Hom:ii'Qn~
, '.
'S~u'ri'ty:aJ1~tt~e' Town
. " ' "of
,
~~or9~fowni...ceIQwc:re
,. .. . e.s
found under Section 287 (g) of the Immigration and Nationality Act.: As the
former MCf'/or of Georgetown and now as the State Representative. for tJ,is
area, I understand full well the necessity af this document to th" ov"rall
effectiveness of the. town.

Th"refore, I join with 'M<rfor Wyatt C1I\d th" members of The Town
Council and lend my support to Chief of Police Willi"", Topping In his request
for ICE ACCESS. ~ agr~ that this added tool to assist in 1he daily funct ion
and operations of the Georgetown Police Department will help them
cQnslderably In the performance of their duties. It is nece.ssary to provide

200 Qlfden Street. GeortetoWtt. DE 19947


Name: 301-856-9637 Hoo;e 0fIke: 302-744-4251 F~: 302.-n9~2773
Poge 2.
Congressio...1Del"!jation
September 27. 2007

law enforctJller\t with the tools and resourcu necessary to effectively


complete their mission of prote.cting QI\d serving the citizens of this
community. The ICE "'CCESS program is a vital and critical component in
the bottle of fighting erlme.

I respeetfully ask on behalf of the Chief. M,¥,r. Council and the


citizens that each of you gives this request every consideration and
<usistance in reaching this goal. If you have any quutions. please feel tree
to contact Chi.ft~ (302) 8~(c)

Thanks fo all of you for your prompt action on this issue.

Sincerely.

d~{)J· g~
Joseph W. Booth
37'" District
State Representative

JWB:mmd
cc: Mayor Wyatt
Town Council Members
Attorney Genera' Beau Biden
-10MAS" R. CARPER
·Dl1.AW_

'lanitro ~tBtts ~rnatt


WASHINGTON,DC20510-.080<1

2215 Federal BUilding


300 S. New Street
Dover, Delaware 19964
Phone: (302) 67+3308
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Fax: (302) 67+5464 =
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To: Mr. Don Kent - DHS 0
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Date: 1014107

From:

C Blian Bushweller
C Lon James
'" Pam Ully - Pamela_Lilly@Carper.Senate.Gov
C Amber Withrow

RE: Representative Joseph Booth

Pages (including cover): 5

C urgent
iI< Please Respond
C FYI

Notes:
Please find inquiry on behalf of Delaware Representative Joseph Booth and the
Georgetown Police Department.

PI~c note: The pJ,IeI OOlUJ)JUizIt \hili &.::.Ilmile tfUlS1lliHion ~tain couficieatiAl ~on from til. Offic~ ofSeaMor TholJW II..
Carper. This in1bn:!Iation ~ inl::endcd ",lei), (or~, u" by me iIIdividuli tnlity n,.med lIS 1hc rec:ipicm !luno! If you IIJCno!!he
intcDded rceipi~t, be ..... l(ctnllteJ:J:'j dilClo$lIt'C or use of the eontqlb of1llis IJlllSlUissiOll is probibikd. If you nne ra:o;i ..$4\his
rr.&smiSS!OD in emn, ple~ oodly u, by Ielepbonc lmrue~elY ~ 'Ill, ~ lfn.llge 10 piok up th, b:8nsmiuiWl uuo cost ~ you.
THOMAS R. CARPER
·MI ..... N\l

"1linitrd ,stetr.s ~rnetr


WASHING TON, DC 20510-0803

October 4, 2007

Mr. Don Kent


As.sistant Secretary for Legislative Affairs
Department of Homehmd Security
Washington, DC 20528-0001

Dear Mr.Kent:

I am writing to you on. behalf of State ReprescDtativc Jo.scpb Booth and the Georgetown
Police Department. Both ate requesting a Memorandum of Agreement between the Department
of Homeland Security (DHS) and the Georgetown Police Department as fouod under Section 287
(g) of the Immigration and Nationality Act. Enclosed please find correspondence provided to my
office by Representative Booth.

I have asked Mrs , Pam Lilly. a member of my Staff. to Jookinto this matteroD their
behBlf. Mrs. Lilly can be I08chcd at (302) 674- .0' cotTespondenee can be mailed to the
Office oiU .S, Senator Thomas R. Carper, Attn: Pam \-illy, 2215 Fedml Building, 300 S. New
Street, Dover. Delaware 19904.

Thank. you for your assistance and I look forward to your response.

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Thomas R. Carper :z ~
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United States Senate ca ~
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person's right to be or to remain in the United States .

(f) (1) Under regulations of the Attorney General , the Commissioner shall provide for the
fingerprinting and photographing of each alien 14 years of age or older against whom a
proceeding is commenced under section 240.

(2) Such fingerprints and photographs shall be made available to Federal, State, and local
law enforcement agencies , upon request.

~(g) (1) .1LNotwithstanding section 1342 of title 31, United States Code, the Attomey General
may enter into a written agreement with a State. or any political subdivision of a State, pursuant
to which an officer or employee of the State or subdivision, who is determined by the Attomey
General to be qualified to per10rm 8 function of an immigration officer in relation to the
investigation, apprehensIon or detention of aliens in the United States (Including the
transportation of such aliens across State line s to detention centei'$), may carry out such
function at the expense of the State or political subdivision and to extent consistent with State
and local law.

(2) An agreement under this subsection shan require that an officer or employee of a State or
political subdivision of a State·performing a function under the agreement shall have knowledge
of, and adhere to, Federal Jaw relating to the fundion, and shall contain a written certification
that the officers or employees performing the function under the agreement have received
adequate training regarding the enforcement of relevant Federal immIgration laws.

(3) In performing a function under this subsection , an officer or employee of a State or


political subdivision of a State shall be subject to the direction and supervision of the Attomey
General.

(4) In performing a function under this subsection, an officer or employee of a State or


political SUbdivision of a State may use· Federal property or facilities, as provided in a written
agreement between the Attomey General and the State or subdivision .

(5) With respect to each officer or employee of a State or political subdivision who is
authorized to perform a function under this subsection , the specific powers and duties that may
be, or are required to be, exercised or performed by the individual , the duration of the authority
of the individual, and the position of the agency of the Attorney General who is required to
supervise and direct the individual. shall be set forth in a written agreement between the
Attomey General and the State or po litical subdivision .

(6) The Atto rPey General may not accept a service under this SUbsection if the service will be
used to displace : l ny Federal employee.

(7) Excep1: as provided in parag raph (8), an officer or employee of a State or political
subdivision of a State perfonning functions under this subsection shall not be treated as a
Federal employee for any purpose other than for purposes of chapter 81 of title 5, United States
Code, (relating to compensation for injury) and sections 2871 through 2680 of title 28 , United
States Code (relating to tort claims) .

http://www. uscis. gov/propubfDocV iew/slbidllI21129?hilite= 10/412007


Office of JnveSlI'garjons
u.s. Departmenr or Homeland S«urity
425 1 Street. NW
Washington. DC 20536

u.s. Immigration
and Customs
OCT 23 20117 Enforcement

Georgetown Police Department


335 North Race Street
Georgetown, Delaware, 19947

Thank you for your interest in the 287(g) Detegation of Authority program. The 287(g)
Program Management Office (PMO) and the Office of the Assistant Secretary for U. S.
Immigration and Customs Enforcement (ICE) are in receipt of your request for training for the
Georgetown Police Department.

On October 23,2007, the 287(g) PMO at ICE Headquarters forwarded your request to the
Special Agent in Charge SAC Philadelphia, and the Fietd Office Director (FOD) of Detention
and Removal Operations, FOD Philadelphia. Local representatives from these two divisions
will be in contact with you soon to conduct a preliminary assessment and detennine whether
the 287(g) program is the appropriate application to address your local law enforcement
challenges

The local ICE point of contact regarding the 287(g) program is Group Supervisor (GS ~ )
(b~ho can be reached at 2 15-7~]'-.x c)

Sincerely,

Investigative Services Division

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