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From:Sent: Thursday, July 22, 2010 3:35 PMT ; Cc:Subject: FW: Deployment of Secure Communities to Cook County

has been blind courtesy copying me on his correspondence with COS who isback with the Sheriffs office. I provided an additional legal provision (see below) that could be sharedwith the Sheriffs office to assist in crafting a new message. Ill pass along updates as I receive them.Please do not pass any of this back to Cook County as I was blind copied.

Thanks,

Secure Communities

DeskMobile

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

ToSubject: RE: Deployment of Secure Communities to Cook County

Feel free to share the following legal quote that 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 ifanother 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 applyin 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 generalNotwithstanding any other provision of Federal, State, or local law, a Federal, State, or local government entity orofficial may not prohibit, or in any way restrict, any government entity or official from sending to, or receivingfrom, 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 anyway restrict, a Federal, State, or local government entity from doing any of the following with respect toinformation regarding the immigration status, lawful or unlawful, of any individual:(1) Sending such information to, or requesting or receiving such information from, the Immigration andNaturalization Service.(2) Maintaining such information.(3) Exchanging such information with any other Federal, State, or local government entity.(c) Obligation to respond to inquiriesThe Immigration and Naturalization Service shall respond to an inquiry by a Federal, State, or local governmentagency, seeking to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction

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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,

Secure CommunitiesImmigration & Customs EnforcementChief, Deployment Branch

- Mobile

Warning: This document is UNCLASSIFIED//FOR OFFICIAL USE ONLY (U//FOUO). It contains information thatmay 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 isnot to be released to the public or other personnel who do not have a valid "need-to-know" without prior approval ofan authorized DHS official. No portion of this report should be furnished to the media, either in written or verbal form.

From:

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

To:Subject: RE: Deployment of Secure Communities to Cook County

I do understand the delicate situation you are faced with and the conflicting laws/ordinancesthat you have to abide by within your county. However, I do believe that we can work togetherwith the Illinois State Police (ISP) to draft another written response that would work for bothparties, keeping in mind the various challenges that face us. The deployment of SecureCommunities to Cook County would ensure that we are making the community a lot safer byensuring that we are identifying the criminal aliens that are amenable to be placed in removalproceedings 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 tomeet and start working on another iteration of a response to the ISP that they will accept.

Thanks

Chicago Field Office

Office:

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:

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I had the opportunity to speak with yesterday regarding the status of SecuredCommunities. He informed me that the State Police has yet to "turn on" IDENT/IAFISsystem for Cook County. As you know, the Sheriff's Office sent the below acknowledgement of theIDENT/IAFIS back in April. Is there any new action that needs to be taken?

Subject: RE: Deployment of Secure Communities to Cook CountyDate: Wed, 19 May 2010 07:45:08 -0500From: To:

Good Morning Sir,

Thanks for your message and sorry for the tardy response. I have a few VIP visitors here sinceMonday 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 ofSecure Communities to Cook County. We are still awaiting confirmation from the Illinois StateBureau of Identification. As soon as we get confirmation for deployment, you will be the first toknow. Please let me know if I can be of any assistance in the future. My cell phone number is

if you every need to contact me directly.

Thanks

Office: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:

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

To: Subject: RE: Deployment of Secure Communities to Cook County

Just thought I would touch base with you and follow up on our last e-mail exchange. Has the SecureCommunity system been deployed?

Hope all is well.

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Subject: Re: Deployment of Secure Communities to Cook CountyDate: Thu, 29 Apr 2010 15:01:33 -0500From: To:

Thank you very much sir for your prompt response. I will stay in contact with you on our decision to deploy SecureCommunity to Cook County. If you have any further questions or concerns please let me know if I can be of anyfurther assistance. Have a great day.

Thanks

(office)(fax)

From:To

Sent: Thu Apr 29 14:33:07 2010

Subject: RE: Deployment of Secure Communities to Cook County

This e-mail is intended to serve as acknowledgment by the Cook County Sheriffs Office that we areaware of your agencys plan to activate the IDENT/IAFIS on May 5, 2010.

As I have indicated to you in previous discussions, the Cook County Sheriffs Office believes a localordinance may forbid us from signing any official agreement with ICE related to the IDENT/IAFISsystem. However, we are also mindful of federal law (8 USCS 1373) which, in part, prohibits local andstate governments from blocking ICEs ability to obtain information regarding the immigration status ofany individual, and as such, the system can be activated without our approval.

The Sheriffs Office remains committed to cooperating with ICE, as required by law, while at the sametime respecting the civil rights of all individuals arrested and detained in Cook County.

Thank you for providing us with notification.

Sincerely,

Cook County Sheriffs Office

Subject: Deployment of Secure Communities to Cook County

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

Good Afternoon

This email is to notify you that your agency will be activated for the federal data sharingcapability 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 isdetermined to be removable from the country under the Immigration and Nationality Act. ICEwill prioritize action against removable aliens who have been convicted of or are currentlycharged 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 activateInteroperability on Wednesday, May 05, 2010 for Cook County, IL. I attempted to make contactwith 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 mayhave.

Thanks

Chicago Field Office

Chicago, IL. 60605Office:Fax:Warning: This document is UNCLASSIFIED//FOR OFFICIAL USE ONLY (U//FOUO). It contains information that maybe 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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