Professional Documents
Culture Documents
May 10,2007
As you are aware, Congress passed the Illegal Immigration Reform and Immigrant
Responsibility Act in 1996. TI1e Act includes Section 287(g), which allows the U.S. Department
of Homeland Security to enter into agreements with state and local law enforcement agencies to
perform certain immigration la\v enforcement duties, provided the local officers receive
appropriate training and function un.d~r p1esnpervision of U.S . Immigration and Custom
Enforcement (ICE) officers. The pnrp.ose of the 287(g). Program is to.j:lelp
. local law enforcement
deal with illegal aliens involved in violent criminal activity, gangs, qf drl:-'E trafficking by
authorizing them to conduct immigratio~ irives~igatjons and then .initiat,e deponation proceedings
against violators. .
In February of this year, the Ottumwa City Council passed a resolution that supports our police
department's participation io' lt he.287(g) Program and authorizesthe Mayor· and, myself to enter
into a Memorandum of Understanding with the U.S. Department of Homeland Security. After
receiving a legal opinion that participation in the program does not violate Iowa law, we are now
ready to proceed. Therefore, on behalf of the City of Ottumwa and the Ottumwa Police
Department, r hereby request authorization from the U.S. Department of Homeland Security to
participate in the 287(g) Delegation of Authority Program and obtain the necessary training.
• The Ottumwa Police Department will utilize the 287(g) Program to help deal with illegal
aliens involved in violent crimes, gang/organized crime activity" ,human smuggling.
sexual-related offenses', drug trafficking/dealing, or other serious· crimes by removing
them from our community. Police officers assigned or who may be assigned to patrol or
investigatiye duties wi II be se1ec.t,e8. f~.r ,t,ra.ini9-g and, ppop re~urQ..' will be .designat~~as
Identi fiyation Review Offil3~rs (IRQ).. )¥heJ?- a. p,ersoI1 .ha~ ,c~.mp?i,t:te.d~ ,se~iq]ls or vioient
crime, such as sexual a~·saul~ :or ~,rug 9~~IiH~,( ~i~1, !TI.,\Y ,by ~n..utt~Q.~u~en~ed alieI1J ,t~e
IRO will. be contacted 'ar;t.d·jt;JWati7; WJ.)~~~s4·gatJop. , .UpOTlH0m,l?~~tion 9.~~e .;,
investigation, appr.opria):e ?ction .wiIL~e..t~k~b if!ge p~rion :if, ~~termined to be; ~n illegal
alien .
• The Ottumwa Police Department will send two or more certified police officers
(depending on cost of training, lodging, travel, etc .) for Delegation of Authority training.
Each officer will be a U.S . citizen, have a minimum of two years experience on the police
department, successfully complete an extensive background check, and have no
disciplinary action pending.
iChief of Police
L......::~--"='
Ottumwa Police Department
330 West Second Street
Ottumwa, Iowa 52501
Phone: (641 )683 - ,....~
FAX: (641)683-4584
Please contact me at your earliest convenience if! can answer any additional questions you may
have . I look forward to receiving your endorsement for our request and developing a mutually
agreeable Memorandum of Understanding.
Sincerely,
U.S. Immigration
and Customs
Enforcement
4,
Chief of Police
Ottumwa
330 West .:>ec'ona
Ot1umwa,
Dear
Thank you for your interest in the Delegation of Authority program. letter is to
notifY you that Office of the Secretary for Immigration and
for for
u.s. Immigration
and Customs
Enforcement
I appreciate the opportunity to speak with you recently on the phone and thank you for
your continued interest in the u.S. Immigration and Customs Enforcement (ICE) 287(g)
Delegation of Authority program, which cross-designates state and local officers to
enforce immigration law as authorized by the Immigration and Nationality Act.
Per our discussion, ICE is unable to support your agency's request for 287(g) Delegation
of Authority training at this time. ICE will continue to work with your agency to seek a
mutually beneficial resolution for the specific issues facing your community through the
options available in the ICE ACCESS program.
At my request, senior field representatives from the Office of Investigations and the
Office of Detention and Removal Operations will continue to meet and work with you to
assess your particular local needs and see what other ICE initiatives might be available
for use in your area.
ICE recognizes we have a shared public safety mission with local law enforcement and
we look forward to working with you to improve on this mission. Combining Federal,
state, and local resources has proven successful in safeguarding the public and we want to
build on that success by responding to the law enforcement communities that seek ICE
assistance. Please feel free to call me if you have any questions.
Sincerely,