CITY OF DANBURY

Ot't'ICt: 01" THE MAYOH

I>ANHl : HY, ('O .'.fNE( 'TH T T omon 0

MAHK D. BOUGHTO N (203) 7H7-45J1

MAYOH " 'AX (203) 7 9 0-100(;

December 26, 2007

Honorable Members of the Common Council

City of Danbury, Connecticut

Dear Common Council Members:

In October fourteen members ofthe Common Council requested that the City of Danbury
participate in a program ofthe United States Immigration and Customs Enforcement
division (commonly referred to as "ICE") known as ICE ACCESS - "Agreements of
Cooperation in Communities to Enhance Safety and Security." The Common Council
moved to refer the request to my office, the Chief of Police and the Corporation
Counsel's office for review and recommendation.

The ACCESS program provides a variety of tools in addressing the impact of illegal
immigration on communities.The Chief of Police has met with ICE officials to discuss
the nature of the program and the process of enrollment. Chief Baker and I believe that
the program would be best used to address specific criminal activity surrounding illegal
immigration. Some examples of these include but are not limited to:

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

As you are aware, the Danbury Police Department is in the process of an organizational
restructuring (Vision 2009) and is gearing up for a move to the new police headquarters.
At this time our focus is on hiring new officers and civilians to begin training to work in
the new facility.

In light of Vision 2009, we suggest participation in the ACCESS program on a limited

basis. We recommend launching the program by training several officers, evaluate our
progress, and then as we implement Vision 2009, train additional officers as needed.
Members of the Common Council
December 26, 2007
Page 2

The Corporation Counsel's office reviewed the feasibility and legality of entering into
such an agreement with the Federal government. Deputy Corporation Counsel Les Pinter
has rendered an opinion that there are no legal barriers to the City entering into such an
agreement with the Department of Homeland Security if the Common Council approves.

ICE ACCESS will provide the City of Danbury with additional law enforcement tools as
we work to respond to the challenges local communities face across the country with a
failed federal immigration policy. It is my recommendation that the Common Council
authorize the City of Danbury to participate in the program based on the
recommendations of the Chief of Police and the legal analysis of our Deputy Corporation
Counsel.

Sincerely,

~k~
Mayor

MDB/mm
Attachment - ICE ACCESS Fact Sheet
ICE Agreements of Cooperation in Communities to Enhance Safety and Security

ICE ACCESS
ICE Agreements of Cooperation in Communities to ture Fund and are returned to member agencies to pay for
Enhance Safety and Security (ACCESS) prOvides local law a variety of important law enforcement operations.
enforcement agencies an opportunity to team with ICE
Border Enforcement Security Task Forces (BEST). The
to combat specific challenges in their communities. ICE concept of the Border Enforcement Security Task Forces
developed the ACCESS program in response to the wide- (BEST) is that DHS law enforcement agencies, working
spread interest from local law enforcement agencies who cooperatively with other law enforcement entities,
have requested ICE assistance through the 287 (g) pro- develop a comprehensive approach to identify, disrupt
gram. This program cross-designates local officers to and dismantle criminal organizations posing Significant
enforce immigration law as authorized through section threats to border security. BEST forces are currently
287 (g) of the Immigration and Nationality Act.
located in Arizona, California and Texas.
The 287 g program is only one component under the Criminal Allen Program (CAP). The Criminal Alien Pro-
ICE ACCESS umbrella of services and programs offered gram (CAP) focuses on identifying criminal aliens who
for assistance to local law enforcement officers. are incarcerated within federal, state and local facilities,
ICE agents and officers will meet with agencies request- thereby ensuring that they are not released into the
ing ICE ACCESS assistance to assess local needs and to community by securing a final order of removal prior
draft appropriate plans of action. Based upon these to the termination of their sentence.
assessments, ICE and local agencies will determine Customs Cross-deslgnatlon (TItle 19). Title 19 United
which type of partnership is most beneficial and sus-
States Code 1401 (I) allows for federal. state, local and
tainable before entering into an official agreement.
foreign law enforcement officers who participate pri-
Law enforcement agencies interested in reviewing the marily on ICE task force operations to be cross desig-
enforcement programs under the ICE ACCESS program nated as .. customs officers" and be granted the
are encouraged to call their local ICE office or visit authority to enforce u.s. customs law. These cross-desig-
www.ice.gov for more information. nated task force officers supplement ICE's investigative
mission of combating narcotics smuggling; money
laundering; human smuggling and trafficking; and
ICE ACCESS Support and PrograntS fraud related activities to disrupt and dismantle criminal
Asset Forfeiture. Criminal organizations that conduct organizations threatening U.S. borders.
cross-border crimes earn illicit proceeds that sustain their Document and Benefit Fraud Task Forces. ICE created
criminal activity and fund other criminal endeavors. Asset Document and Benefit Fraud Task Forces (DBFTFs) to tar-
forfeiture laws allow ICE agents to seize and forfeit these get, dismantle and seize illicit proceeds of the criminal
illicit proceeds and other criminally derived assets. ICE organizations that threaten national security and public
uses asset forfeiture to disrupt and dismantle these organi- safety by exploiting the immigration process through
zations across all ICE investigative areas, such as money fraud. The DBFTFs prOvide an effective platform from
laundering, bulk cash smuggling, worksite enforcement which to launch anti-fraud initiatives using existing
and alien and drug smuggling investigations. The proceeds manpower and authorities. Through DBms, ICE partners
of these forfeitures are deposited into the Treasury Forfei- with other federal agencies, state and local law enforce-
ment. These task forces focus their efforts on detecting, sumers, investigating major criminal organizations
deterring and disrupting both benefit fraud and docu- engaged in transnational intellectual property crimes,
ment fraud. DBFTFs are located in Atlanta, Boston, Dallas, and pursuing the illegal proceeds derived from the
Denver, Detroit, Los Angeles, New York, Newark, manufacture and sale of counterfeit merchandise.
Philadelphia, St. Paul, Washington, nc., Baltimore,
Law Enforcement Support Center (LESC). The mission
Chicago, Miami, Phoenix, San Francisco and Tampa. of the Law Enforcement Support Center (LESC) is to
Equitable Sharing!Joint Operations. Asset forfeiture has protect the US. and its people by proViding timely accu-
been, and remains, a highly effective tool for taking the rate information and assistance to the federal, state and
profit out of crime. State, local and foreign law enforce- local law enforcement community The LESC serves as a
ment support of federal investigative and prosecutorial national enforcement operations center by prOViding
initiatives is essential; and the sharing program has proved immigration status and identity information on aliens
invaluable in fostering enhanced cooperation among the suspected, arrested or convicted of criminal activity. The
law enforcement agencies. In fiscal year 2006 (FY06) , LESC operates 24 hours a day, 7 days a week assisting
ICE coordinated payments of $5 .65 million in overtime law enforcement agenCies with information gathered
costs for state and local police officers working alongSide from 8 DHS databases, the National Crime Information
ICE agents throughout the US., and proVided $43 .46 Center (NCIC), the Interstate Identification Index (III)
million in direct payments of eqUitable sharing of for- and other state criminal history indices.
feited assets to 362 state and local agencies, four federal Operation Community Shield. In February 2005, ICE
agencies and one foreign government. These payments launched Operation Community Shield, a national law
allow agencies to cooperatively combat crimes in their enforcement initiative that brings all of ICE's law enforce-
jurisdictions through joint operations with ICE and have ment powers to bear in the fight against violent gangs
increased goodwill and partnership with these agencies.
that threatening the public safety of our communities.
Fugitive Operation Teams (FOTs). The primary mission Operation Community Shield is part of a comprehensive
of FOTs is to identify, locate, apprehend, process and approach of working with our law enforcement partners
remove fugitive aliens from the United States with the at the federal, state and local level to combat transnational
highest priority placed on those fugitives who have been gangs. Under this initiative, ICE is using its broad author-
convicted of crimes. Further, the FOTs goal is to elimi- ities, both criminal and administrative, against gangs and
nate the backlog of fugitives and ensure that the number gang members. This authority includes conducting inves-
of aliens deported equals the number of final orders of tigations involVing narcotics and human smuggling,
removal issued by the immigration courts in any given money laundering and racketeering violations.
year. ICE relies on the assistance of all federal, state and
Operation Firewall. The smuggling of bulk currency out
local law enforcement agencies in this endeavor. of the US. has become a preferred method of moving
Immigration Cross~eslgnatlon (TItle 8)-287g Program. illicit proceeds across our borders. To combat the increas-
The 287 (g) program cross-designates local officers to ing use of Bulk Cash Smuggling (BCS) by criminal organ-
enforce immigration law as authorized through section izations, the ICE Financial, Narcotics and Public Safety
287(g) of the Immigration and Nationality Act. To date, Division and the CBP Office of Field Operations, Tactical
more than 60 municipal, county and state agencies Operations Division, developed a joint strategic BCS ini-
nationwide have requested 287 (g) memorandums of tiative referred to as Operation Firewall, which began in
agreement with ICE and more than 400 local and state August 2005, and has expanded through FY06 and FY07 .
officers have been trained under the program. Operation Firewall has resulted in the seizure of more
IPR Center. The ICE-led National Intellectual Property
than $80 million in US. currency and negotiable instru-
ments of suspected narcotics and other criminal proceeds.
Rights Coordination Center (IPR Center) is the govern-
ment's central point of contact in the fight against vio- Operation Predator. Operation Predator is a program
lations of intellectual property rights and the flow of deSigned to identify, investigate and, as appropriate,
counterfeit goods into the u.s. Commerce. The Center administratively deport child predators. ICE routinely
operates as a multi-agency facility responsible for coor- coordinates and integrates investigative efforts with for-
dinating a unified response regarding IPR enforcement eign law enforcement, in order to identify, arrest and
issues. Core staffing is proVided by investigative and prosecute the those involved in international pedophiliC
intelligence personnel from ICE. Particular emphasis is groups or who derive proceeds from commercial child
given to protecting the public health and safety of con- exploitation ventures.
I
i CITY OF DANBURY
I
OFFICE OF THE CORPORATION COUNSEL
155 DEER HILL AVENUE
DANBURY, CONNECTICUT 06810
(203) 797-4518 (203)796-8043 FAX

I MEMORANDUM

To: Honorable Mayor Mark D. Boughton

Honorable Members of the Common Council
I t,f~
From: Laszlo L. Pinter - Deputy Corporation Counsel '-' ~

Re: ICEACCESS Program

Date: December 18, 2007

Members of the Common Council have requested a study of the feasibility of the City of Danbury,
through its Police Department, engaging in the federal ICEACCESS program. This program was
authorized, by federal enactment of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996, and later codified further, pursuant to law, to permit ICE (Immigration and Customs
Enforcement) to enter into cooperative agreements with local police officials and "cross-designate"
them to assist in the enforcement of both civil and criminal violations of immigration law. As
specifically stated in the federal legislation creating these program components (codified in 8 US
Code Section 1357), the Attorney General of the United States (through designated officials) is
authorized to enter into contract directly with a locality, through its police department, to utilize the
provisions of the ICEACCESS program.

You are also and already in receipt of a Memorandum regarding this proposal from Police Chief
Alan Baker setting forth the focus of the program.

The most recognized component of the series of ICEACCESS support programs is known as
"287(g)". This component is specifically designed to allow trained , local police officers to enforce
civil and criminal violations of federal immigration law. Other program components focus on a
variety of immigration enforcement programs covering a variety of immigration violations, and
include organized crime, drug and human smuggling, document fraud and identity theft and work
site investigation (the former two being in the nature of criminal inquiry, the latter are civil side).
None of the programs provide for the unbridled arrest or detention of individuals involved in day
labor, housing violations or related non criminal activity.

As is the case with 287(g) and other ICEACCESS program components, once the Council
authorizes the program and a local law enforcement agency ("LEA") executes a memorandum of
understanding ("MOU") with ICE, local police officers are authorized, during the course of and
incidental to a lawful inquiry and arrest for violation of local or state law to investigate. identify.
apprehend, detain and process for ICE jurisdiction individuals who have violated civil or criminal
immigration law. This process is assisted by access to the National Crime Information Center
("NCIC") that provides identity data to local, state and federal officials. This system is already in
use by cooperating police authorities at all levels.
 Honorable Mayor Mark D. Boughton Page 2 December 18, 2007
Honorable Members of the Common Council

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

Finally, it should be noted that the ICEACCESS program solidifies already existing cooperative
, efforts of police officials at all levels of government, not only in the area of immigration, but others
as well. "Inherent police power" is a recognized cooperative policing term and adopted to permit
sovereign police authorities the capability of assisting other authorities in law enforcement to
protect and promote the health, safety and welfare of the public citizenry.

We are pleased to be able to provide the foregoing information to you, and remain available to
answer all questions that you may have pertaining to our review of the ICEACCESS program and
its use in Danbury.

cc: Chief Baker, Police Department

Michael McLachlan, Chief of Staff/Mayor's Office

"Memorandum5"

Robert J. Yamin laszlo l. Pinter Robin l. Edwards Dianne E. Rosemark

Corporation Counsel Deputy Corporation Counsel Assistant Corporation Counsel Assistant Corporation Counsel
r.yamin@ci.danbury.ct.us I.Dinter@ci.danbury.ct.us r.edwards@ci .danbury.ct.us d.rosemark@ci.danbury.ct.us
(203)797-4518 (203)797-4517 (203) 797-4516 (203) 796-8004
I
i CITY OF DANBURY
DANBURY, CONNECTICUT 06810

DEPARTMENT OF POLICE ALAN D. BAKER, CHIEF

120 MAIN STREET TERENCE M. SHANAHAN, DEPUTY CHIEF
(203) 797-4614
December 20, 2007

MEMORANDUM

To: Mayor Mark D. Boughton

From: Alan D. Baker, Chief of Police

Subject: ICE 287g Program - Danbury Police Department

I, along with several senior staff members, met with Bruce M. Foucart, ICE Special Agent in
Charge from Boston, about the 287g P.rogram. Based on our meeting and a review of their
printed materials, I recommend the Danbury Police Deprutment make application to participate
in the 287g on a limited basis. By participating, we would formalize a long-standing informal
relationship that has existed between the Danbury Police Department and ICE.

The focus of our participation would be on crimes committed by illegal immigrants. These
include:
·Gangs & Organized Crime ·Document Fraud
.Drug Smuggling ·Identity and Benefit Theft
.Human Trafficking ·Work Site Investigation

Benefits to the City of Danbury would include free training on immigration law by ICE for a
limited number of officers, access to ICE criminal databases and ICE supervision while our
officers engage in immigration enforcement. Costs to the City of Danbury would include the
salaries for the officers during training and some computer costs to access the ICE database.

Alan D. Baker
Chief of Police

ADB:mrl

I1:It.
'=' RECYCLED
PAPER
 CITY OF DANBURY
DANBURY, CONNECTICUT 06810

DEPARTMENT OF POLICE
120 MAIN STREET

February 20, 2008

Agent
U.S. Immigration and Customs Enforcement
10 Causeway Street, Suite 722
Boston, MA 02222-1056

Dear

I am writing to request participation in the Delegation of Authority Program pursuant to 287 (g) of
the Immigration and Naturalization Act. Given our past relationship with ICE, the partnership will
enable us to better serve and meet the needs of residents of Danbury, CT.

I have been in communication with your office in Boston and you have been very helpful and
encouraging. With your advice, I am proposing the following:

Establishment of a criminal task force relationship between the Danbury Police Departtnent
and ICE to investigate cases with nexus to counter-terrorism and domestic security.

Initially train two (2) experienced Danbury Police Departtnent Detectives in the ICE
Taskforce Officer curriculum.

Offer the support of the Danbury Police Department facilities, personnel and equipment
when jointly pursuing criminal investigations.

This program will allow us to enter into a Memorandum of Understanding that will enable us to
participate with ICE in identifying criminal illegal aliens who pose a risk to the citizens of Danbury.
IIook forward to your speedy endorsement of this request and moving forward with this program for
the benefit of all.

Sincerely,

Chief of Police

~ RECYCLED
~ PAPER
 r -llEU£&.;l...,"'-..............
OJIkc ",SUItt GIld 1.«#1 CDonliNIIlcn

.. 425 1 Stn!:ct. NW
Wubinpm. DC ~36

u.s. Immigration
MAR 8 I 2008 and Customs
Enforcement

120 St.
Danbury. CT 06180

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

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

may also conlact the loea! ICE ACCESS liaison!ii are, in the
in Detention and Removal Operations,

Sinc=ly

,.b;;7~
Sheriff (~) Jim Pendergrapb
?
Executive Director
Office of State and Local Coordination

Enc1osw:e