From: (b)(6), (b)(7)(C)

Sent: Thursday, July 22, 2010 3:35 PM

T (b)(6) (b)(7)(C) ; (b)(6), (b)(7)(C)

Cc: (b)(6), (b)(7)(C)

Subject: FW: Deployment of Secure Communities to Cook County

(b)(6), (b)(7)(C)

has been “blind courtesy copying” me on his correspondence with COS (b)(6), (b)(7)(C) who is

(b)(6), (b)(7)(...

back with the Sheriff’s office. I provided an additional legal provision (see below) that could be shared

with the Sheriff’s office to assist in crafting a new message. I’ll pass along updates as I receive them.

Please do not pass any of this back to Cook County as I was blind copied.

Thanks,

(b)(6) (b)(7)(C)

(b...
Secure Communities

(b)(6), ...
Desk

(b)(6), (b)(7)(C)
Mobile

From: (b)(6), (b)(7)(C)

Sent: Thursday, July 22, 2010 2:16 PM

To (b)(6), (b)(7)(C)

Subject: RE: Deployment of Secure Communities to Cook County

(b)(6), (b)(7)(C)

Feel free to share the following legal quote that (b)(... can utilize in crafting a new message to the SIB.

You may also want to share this with the SIB. This should help clear the way for us to move forward.

The first word in the quote below “notwithstanding” (in red) is often misunderstood to mean “that if

another law exists then this one is not applicable”, which is incorrect. The correct use: “The term

notwithstanding is used as a preposition to indicate that the substantive provision that follows is to apply

in spite of, without regard to, limited by, or prevented from operation by some other provision.

The relevant provision is Title 8 U.S.C. § 1373. It reads as follows:

(a) In general

Notwithstanding any other provision of Federal, State, or local law, a Federal, State, or local government entity or

official may not prohibit, or in any way restrict, any government entity or official from sending to, or receiving

from, the Immigration and Naturalization Service information regarding the citizenship or immigration status,

lawful or unlawful, of any individual.

(b) Additional authority of government entities

Notwithstanding any other provision of Federal, State, or local law, no person or agency may prohibit, or in any

way restrict, a Federal, State, or local government entity from doing any of the following with respect to

information regarding the immigration status, lawful or unlawful, of any individual:

(1) Sending such information to, or requesting or receiving such information from, the Immigration and

Naturalization Service.

(2) Maintaining such information.

(3) Exchanging such information with any other Federal, State, or local government entity.

(c) Obligation to respond to inquiries

The Immigration and Naturalization Service shall respond to an inquiry by a Federal, State, or local government

agency, seeking to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction

ICE FOIA 10-2674.0004341

 of the agency for any purpose authorized by law, by providing the requested verification or status information.

Let me know if you have any questions.

Thanks,

(b)(6) (b)(7)(C)

Secure Communities

Immigration & Customs Enforcement

Chief, Deployment Branch

(b)(6) (b)(7)(C)
- Mobile

Warning: This document is UNCLASSIFIED//FOR OFFICIAL USE ONLY (U//FOUO). It contains information that

may be exempt from public release under the Freedom of Information Act (5 U.S.C. 552). It is to be controlled, stored,

handled, transmitted, distributed, and disposed of in accordance with DHS policy relating to FOUO information and is

not to be released to the public or other personnel who do not have a valid "need-to-know" without prior approval of

an authorized DHS official. No portion of this report should be furnished to the media, either in written or verbal form.

From: (b)(6), (b)(7)(C)

Sent: Thursday, July 22, 2010 12:01 PM

To: (b)(6), (b)(7)(C)

Subject: RE: Deployment of Secure Communities to Cook County

(b)(6), (b)(7)(...

I do understand the delicate situation you are faced with and the conflicting laws/ordinances

that you have to abide by within your county. However, I do believe that we can work together

with the Illinois State Police (ISP) to draft another written response that would work for both

parties, keeping in mind the various challenges that face us. The deployment of Secure

Communities to Cook County would ensure that we are making the community a lot safer by

ensuring that we are identifying the criminal aliens that are amenable to be placed in removal

proceedings upon entry to your facilities (book-ins) prior to them being released to the streets.

As I stated in my previous message, I am committed to assisting in this endeavor and will work

with you and your staff along with the ISP to bring this project to fruition. I am at your disposal to

meet and start working on another iteration of a response to the ISP that they will accept.

Thanks

(b)(6), (b)(7)(C)

Chicago Field Office

(b)(6) (b)(7)(C)

Office:
(b)(6), (b)(7)(C)
Fax:
Warning: This document is UNCLASSIFIED//FOR OFFICIAL USE ONLY (U//FOUO). It contains information that may

be exempt from public release under the Freedom of Information Act (5 U.S.C. 552). It is to be controlled, stored,

handled, transmitted, distributed, and disposed of in accordance with DHS policy relating to FOUO information and is

not to be released to the public or other personnel who do not have a valid "need-to-know" without prior approval of an

authorized DHS official. No portion of this report should be furnished to the media, either in written or verbal form.

From: (b)(6), (b)(7)(C)

ICE FOIA 10-2674.0004342

Sent: Thursday, July 22, 2010 10:44 AM

To: (b)(6), (b)(7)(C)

Subject: RE: Deployment of Secure Communities to Cook County

Thanks, (b)(6), (b)(7)(C)

Any advise you can give us would be appreciated. As we have discussed in the past, the Sheriff's

Office is caught in a difficult legal situation on this matter due to the fact that we are trying to

comply with conflicting local and federal laws.

Subject: RE: Deployment of Secure Communities to Cook County

Date: Wed, 21 Jul 2010 16:26:46 -0500

From: (b)(6), (b)(7)(C)

To:

Good Afternoon Sir,

Welcome back to Cook County, it is good to have you back. I was briefed by (b)(6),... about the

conversation you both had and I look forward to working with you and your department to

ensure the deployment of Secure Community (SC) to Cook County in the near future. The

Illinois State Police (ISP) is currently looking for a written statement from your office that

definitively agrees and advises them that Cook County is willing and acknowledges the

deployment of Secure Community (SC) to Cook County.

The last message that was sent to the ISP as an acknowledgement to the deployment of SC

was not accepted as a full acknowledgement. I am willing to work with you and your office and

the ISP in crafting an acceptable written statement that both parties can accept. You have my

full attention and devotion to working on this written response if you so choice to accept my

offer. I am willing to meet with you again at your convenience to answer any questions or

concerns you may have.

Thanks

(b)(6), (b)(7)(C)

(b)(6) (b)(7)(C)

Office:
(b)(6), (b)(7)(C)
Fax:
Warning: This document is UNCLASSIFIED//FOR OFFICIAL USE ONLY (U//FOUO). It contains information that may

be exempt from public release under the Freedom of Information Act (5 U.S.C. 552). It is to be controlled, stored,

handled, transmitted, distributed, and disposed of in accordance with DHS policy relating to FOUO information and is

not to be released to the public or other personnel who do not have a valid "need-to-know" without prior approval of an

authorized DHS official. No portion of this report should be furnished to the media, either in written or verbal form.

From: (b)(6), (b)(7)(C)

Sent: Wednesday, July 21, 2010 3:29 PM

To: (b)(6), (b)(7)(C)

Subject: RE: Deployment of Secure Communities to Cook County

ICE FOIA 10-2674.0004343

(b)(6), (b)(7)(C)
(b)(6), (b)(...

I had the opportunity to speak with (b)(6), (b)(7)(C) yesterday regarding the status of Secured

Communities. He informed me that the State Police has yet to "turn on" IDENT/IAFIS

system for Cook County. As you know, the Sheriff's Office sent the below acknowledgement of the

IDENT/IAFIS back in April. Is there any new action that needs to be taken?

Subject: RE: Deployment of Secure Communities to Cook County

Date: Wed, 19 May 2010 07:45:08 -0500

From: (b)(6), (b)(7)(C)

To:

Good Morning Sir,

Thanks for your message and sorry for the tardy response. I have a few VIP visitors here since

Monday and I have been conducting a lot of tours of my facilities, which takes me out of the

office. I contacted my Headquarters in Washington to find out the status of the deployment of

Secure Communities to Cook County. We are still awaiting confirmation from the Illinois State

Bureau of Identification. As soon as we get confirmation for deployment, you will be the first to

know. Please let me know if I can be of any assistance in the future. My cell phone number is

(b)(6) (b)(7)(C) if you every need to contact me directly.

Thanks

(...
(b)(6), (b)(7)(C)

(b)(6) (b)(7)(C)

Office:
(b)(6), (b)(7)(C)
Fax:
Warning: This document is UNCLASSIFIED//FOR OFFICIAL USE ONLY (U//FOUO). It contains information that may

be exempt from public release under the Freedom of Information Act (5 U.S.C. 552). It is to be controlled, stored,

handled, transmitted, distributed, and disposed of in accordance with DHS policy relating to FOUO information and is

not to be released to the public or other personnel who do not have a valid "need-to-know" without prior approval of an

authorized DHS official. No portion of this report should be furnished to the media, either in written or verbal form.

From: (b)(6), (b)(7)(C)

Sent: Tuesday, May 18, 2010 5:21 PM

To: (b)(6), (b)(7)(C)

Subject: RE: Deployment of Secure Communities to Cook County

(b)(6), (b)(7)(C)

Just thought I would touch base with you and follow up on our last e-mail exchange. Has the Secure

Community system been deployed?

Hope all is well.

ICE FOIA 10-2674.0004344

 (b)(6), (b)(7)(C)

Subject: Re: Deployment of Secure Communities to Cook County

Date: Thu, 29 Apr 2010 15:01:33 -0500

From: (b)(6), (b)(7)(C)

To:

Thank you very much sir for your prompt response. I will stay in contact with you on our decision to deploy Secure

Community to Cook County. If you have any further questions or concerns please let me know if I can be of any

further assistance. Have a great day.

Thanks

(b)(6), (b)(7)(C)

(b)(6) (b)(7)(C)

(office)

(b)(6), (b)(7)(C) (fax)

From: (b)(6), (b)(7)(C)

To (b)(6), (b)(7)(C)

Sent: Thu Apr 29 14:33:07 2010

Subject: RE: Deployment of Secure Communities to Cook County

(b)(6), (b)(7)(C)

This e-mail is intended to serve as acknowledgment by the Cook County Sheriff’s Office that we are

aware of your agency’s plan to activate the IDENT/IAFIS on May 5, 2010.

As I have indicated to you in previous discussions, the Cook County Sheriff’s Office believes a local

ordinance may forbid us from signing any official agreement with ICE related to the IDENT/IAFIS

system. However, we are also mindful of federal law (8 USCS 1373) which, in part, prohibits local and

state governments from blocking ICE’s ability to obtain information regarding the immigration status of

any individual, and as such, the system can be activated without our approval.

The Sheriff’s Office remains committed to cooperating with ICE, as required by law, while at the same

time respecting the civil rights of all individuals arrested and detained in Cook County.

Thank you for providing us with notification.

Sincerely,

(b)(6), (b)(7)(C) (...

Cook County Sheriff’s Office

Subject: Deployment of Secure Communities to Cook County

ICE FOIA 10-2674.0004345

Date: Wed, 28 Apr 2010 17:22:34 -0500

From: (b)(6), (b)(7)(C)

To: (b)(6), (b)(7)(C)

CC:

Good Afternoon (b)(6), (b)(7)(C)

This email is to notify you that your agency will be activated for the federal data sharing

capability known as IDENT/IAFIS Interoperability on Wednesday, May 05, 2010 at 9AM CST.

This capability automatically forwards fingerprints of subjects booked into local custody to

check biometric records in FBI and DHS databases. ICE will be notified if the subject is

determined to be removable from the country under the Immigration and Nationality Act. ICE

will prioritize action against removable aliens who have been convicted of or are currently

charged with an aggravated felony offense.

Please provide a single email response on behalf of your organization by NOON CST, Friday,

April 30, 2010 as an acknowledgment of your awareness that Secure Communities will activate

Interoperability on Wednesday, May 05, 2010 for Cook County, IL. I attempted to make contact

with (b)(6), (b)(7)(C) and left a message to return my call to advise him of this message prior to

it being sent. I look forward to your response and to answer any questions or concerns you may

have.

Thanks

(b)(6), (b)(7)(C)
(...

Chicago Field Office

(b)(6) (b)(7)(C)
Chicago, IL. 60605

Office: (b)(6), (b)(7)(C)

Fax: (b)(6), (b)(7)(C)
Warning: This document is UNCLASSIFIED//FOR OFFICIAL USE ONLY (U//FOUO). It contains information that may

be exempt from public release under the Freedom of Information Act (5 U.S.C. 552). It is to be controlled, stored,

handled, transmitted, distributed, and disposed of in accordance with DHS policy relating to FOUO information and is

not to be released to the public or other personnel who do not have a valid "need-to-know" without prior approval of an

authorized DHS official. No portion of this report should be furnished to the media, either in written or verbal form.

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ICE FOIA 10-2674.0004346