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Office of the Assistant Secretary

u.s. Department of Homeland Security


425 I Street, NW
Washington, DC 20536

u.s. Immigration
and Customs
Enforcement

Sheriff Tim L. Daugherty


Lincoln County Sheriff s Office
P.O. Box 506
Lincolnton, NC 28093-0506

RE: 287(g) Delegation of Authority Implementation Plan

Dear Sheriff Daugherty,

Thank you for your continued interest in the U. S. Immigration and Customs Enforcement
(ICE) 287(g) program, which cross-designates state and local officers to enforce immigration
law as authorized through section 287(g) of the Immigration and Nationality Act. In the past
two years, the 287(g) program has identified more than 27,000 illegal aliens for possible
deportation. More than 70 municipal, county, and state agencies nationwide have requested
287(g) agreements with ICE, and already, more than 500 local and state officers have been
trained under the program. I thank you for submitting your 287(g) request with ICE,
unfortunately, funding for FY 2007 has been exhausted.

In response to the continued widespread interest from local law enforcement agencies like
yours, ICE has launched the new comprehensive ICE ACCESS (Agreements of Cooperation in
Communities to Enhance Safety and Security) program. The 287(g) program is only one
component under the ICE ACCESS umbrella of services and programs offered for assistance to
local law enforcement officers. Other ICE ACCESS enforcement options include the creation
of local task forces targeting specific challenges like gangs or document fraud, the presence of
a Criminal Alien Program (CAP) team in local detention facilities to identify criminal aliens, or
training to utilize the ICE Law Enforcement Support Center (LESC), which provides officers
the ability to inquire about a person's immigration and criminal history.

We will continue to assess your pending 287(g) application as more resources are made
available in FY 2008, however through our new ACCESS program, I believe we may be able
to identify an enforcement program that would better serve your community's needs. At my
direction, senior field representatives from the Office of Investigations and the Office of
Detention and Removal will visit with you soon to discuss ICE ACCESS and to assess your
particular local needs beyond what we already plan to accomplish through the 287(g) program.
I believe these strategic discussions will facilitate a strong partnershi p between your agency
and ICE. Combining federal, state and local resources has proven successful in safeguarding

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public. success in responding to law enforcement communities


who seek

Sincerely,
LEXINGTON COUNTY SHERIFF'S DEPARTMENT

November 5, 2008

Assistant Secretary Julie Myers


Immigration Customs
Potomac Center North
12th SW
W~hington, 20024
MAIL/RETURN
Myers:

In February, Lexington County Detention submitted a request to participate


in the Delegation of Authority Program pursuant 287(g) Immigration and
Naturalization Act. It is our understanding that there will not any new programs
funded in 2009. We are still in participating in Program; however/ would
like request to participate in the State/Local Program.

I have been in communication with Resident Agent in


has been very helpful and with his advice, I am requesting consideration for three of
our officers the necessary training and certification to enforce federal
immigration laws.

This program will allow us to enter into a Memorandum of Understanding that will
us to partiCipate with during investigations and identifying foreign born
nationals who are involved in criminal activity in Lexington year, we have
had two homicides where both the subject and victim were foreign born nationals.
percent of criminals booked annually by the Lexington County Detention Facility are also
foreign born nationals. This partnership will enable us serve and meet the
needs of the of Lexington County, South Carolina, as well as aSSist us in our
investigative t:ltt"r1'c

Chief has 0<:,,,.,,,,,,,1".,1'1 as our point of contact, and may be


reached at (803) look forward your endorsement of this "'<.jI.JI"';:')L and
moving forward with this program.

Respectfully yours in
professional law enforcement,

;)
-((.~
James . OM, L.L.D.
Sheri

A Nationally Accredited Law Enforcement Agency


P.O. Box 639 Lexington, South Carolina 29071 (803) 785·8230, t'ax # (803) 785-1162
Office a/Stale and Local CotJrdinalion

U.S. Department of Homeland Secllrity


500 12th SIJ'eet, SW
Washington, DC 20536

U.S. Immigration
and Customs
Enforcement
R. Metts
Sheriff
Lexington County JAN 6 2009
PO Box 639
South Carolina 29701

Dear Sheriff Metts:

Thank you for your letter expressing continued interest in the 287(g) Delegation of Authority
program offered by the U.S. Immigration and Customs Enforcement (ICE), within the
Department of Homeland Security.

As the largest investigative agency within the Department Homeland Security (DHS), is
charged with protecting national security and ensuring public safety through the aggressive
enforcement of federal immigration and customs laws across the more than 3.5 million square
miles that make up our great nation. recognizes, however, that we share the responsibility
public safety with over 775,000 state and law enforcement One way
ICE addresses this joint goal is by building partnerships with state and local law enforcement
agencies (LEAs). To facilitate these partnerships and work more closely with our state and local
counterparts, in 2007 ICE launched the comprehensive Agreements of Cooperation in
Communities to Enhance Safety and Security (ACCESS) program.

ICE ACCESS serves to provide state and local like yours an opportunity to with
ICE to specifically combat the immigration and customs enforcement challenges their
communities. To accomplish this, ICE ACCESS offers an umbrella of services and programs to
assist local with interior enforcement The 287(g) program that your letter
referenced is only one such component. Other programs that fall within the purview of
ACCESS include: the Customs Cross· Designation (Title 19), Document and Benefit Fraud Task
the Law Support Center (LESC), Operation Shield, the
Criminal Alien Program (CAP), Fugitive Operations, and Rapid Repatriation. For more
information, please find enclosed a copy of the ICE ACCESS Fact Sheet.

It is through discussions and efforts such as these that strong partnerships between state
and local law agencies and ICE can developed. Combining Federal, state, and
local resources proven in safeguarding the public. I have r that local
ICE ACCESS liaisons coordinate with you to determine which ICE ACC S will
meet our joint needs. first step in identifying which programs best suit your
needs will be to complete the "Needs Assessment Tool" that will be sent by your ICE .l"}..,-,,,-,".l..,;J

local points contact for ACCESS are: in the Office of In "",-",,,,..,u...


in the Office of Detention and Removal Operations,
your interest in

Sincerely,

LJ~'~
William F. Riley
Acting Executive Director
Office of State and Local Coordination

Enclosure
www.ice.gov
Office o/Slate and Local Coordination

U.S. Depal1ment of Homela nd Secu rity


500 12th Street SW .
Washington D.C. 20024

u.s. Immigration
and Customs
Enforcement

MEMORANDUM FOR: John Morton


Assistant Secretary

THROUGH: Alonzo R. Pena


Deputy Assistant Secretary for Operations

FROM: William F. Rjley V ~.


Acting Executive Director, OSLC
t!J
SUBJECT: Support for Lexington County Sheriffs Office 287(g)
Request

Background

On February 20, 2008, the Lexington County Sheriffs Office (LCSO), (South Carolina),
Sheriff James R. Metts submitted a letter requesting to participate in both 287(g) Delegation of
Authority programs jail model and task force mode1. Sheriff Metts requested the uti lization of
six (6) correctional officers in the jail model setting and three (3) officers to participate in the
task force model.

Discussion

While LCSO's 287(g) request was under review at the Office of State and Local Coordination
(OSLC), a CAP Surge was conducted on August 10, 2008 , for three weeks at the Lexington
County Detention Center. The surge operation resulted in the 128 criminal aliens being
identified and placed into removal proceedings.

On April 27, 2009 Felicia S. Skinner Field Office Director Atlanta provided a n1emorandum to
James T. Hayes, Jr., then-Director, Office of Detention and Removal Operations,
recommending that a 287(g) Program be implelnented in Lexington County, South Carolina.
After completion of the Needs Assessment by LCSO, it was estimated that 115 foreign-born
inmates would be encountered each month. Lexington County jail currently maintains limited
screening by CAP officers from the Colombia, South Carolina Office of Detention and
Removal.

The Office of Investigations (01) Resident Agent in Charge (RAe) in Columbia, South
Carolina recOlnmends two (2) Task Force Officers to be physically located at the RAC office
in Columbia, South Carolina to be utilized as 287(g) Task Force Officers. The Office of
2
Investigation's would utilize Officers to investigate matters interest in
County, South Primary investigations on violent and or
criminal alien violators and transnational gang activity.

the OSLC Advisory Committee was convened to discuss


Representatives from reviewed Lexington Counties
recommendation and input from HQIDRO,
HQ/OI, DHS CRCL review and is in agreement
with SAC and FOD Lexington County to participate in the 287(g)
program.

Key Participants

Field
Felicia S. Skinner Field Director, Office of Detention Removal Operations, "'.1.=""",

in Charge, Office of Investigations, Atlanta, GA


...,...,,'••.u, "UllLl."''' n"""' ... ~.., ~"U"h'~'U County Sheriffs 'V"J.n..."".

Headquarters

Recommendation

of Lexington County, Carolina., 287(g) request. indicate

Approve ______________________

Modify _ _ _ _ _ _ _ _ __ Needs more ,.u"""' ... '~"l'Jll___________

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