Office o/Investigations

u.s. Department of Homeland Security

425 I Street, NW
Washington, DC 20536

U.S. Immigration
and Customs
DEcal Z007 Enforcement

This is an interim response to your Freedom ofInformation Act (FOIA) request to the U.S.
Immigration and Customs Enforcement, dated March 8, 2007. You seek copies of, and
information relating to, Memoranda of Understanding between the Department of Homeland
Security (DHS) and any state or political subdivision regarding 287(g) program.

A search offiles within ICE, Office ofInvestigations produced thirty-four (34) 287(g)
Memoranda of Agreement (MOA) between DHS and state or political subdivisions. We have
determined that these agreements will be released in their entirety without redaction.

We are consulting with other agency staff to determine the existence of other information that
may be responsive to your request. We will contact you further with our findings.

Your request has been assigned reference number 07-FOIA-51847. Please refer to this identifier
in any future correspondence. You may contact this office at 202-353-8906.

Sincerely,

Reba A. McGinnis
Chief, Information Disclosure Unit
Mission Support Division
Office of Investigations

Enclosures: 287(g) MOA, thirty-four (34) agreements

 Office of Investigations

U.S. Department of Homeland Security

425 I Street, NW
Washington, DC 20536

U.S. IUluligration
and Custolns
Enforcement
JAN 1 7 2008

This letter further responds to your Freedom oflnformation Act (FOIA) request, dated
March 8,2007, to U.S. Immigration and Customs Enforcement (ICE). We provided you with
an interim response on December 31, 2007 . You seek copies of, and information relating to,
Memoranda of Understanding between the Department of Homeland Security (DHS) and any
state or political subdivision regarding the 287(g) program. Our responses to each portion of
your request are provided below.

1. All written agreements or Memorandums of Understanding ("MOUs") entered into

between the Department of Homeland Security ("DHS ") and any State, or any political
subdivision of any State, pursuant to Immigration and Nationality Act ("INA") §
287(g)(l), 8 U.S.c. § 1357(g)(1), including supplemental or renewal agreements, and
including but not limited to any such agreements with the Florida Department of Law
Enforcement; Alabama Department of Public Safety; Los Angeles County, CA;
Riverside COlll1ty, CA; San Bernardino County, CA; Mecklenburg County Sheriff, NC;
and Orange County Sheriff, CA.

Along with our interim response to your request, dated December 31, 2007, we provided you
with thirty-four (34) memoranda of agreement (MOA) under the 287(g) program. We have
provided you with all existing finalized MOAs under the 287(g) program.

2. All written certifications pursuant to INA § 287(g)(2), 8 U.S.C. § 1357(g)(2), that the
[State] officers or employees performing the function under the agreement have
received adequate training regarding the enforcement of relevant Federal immigration
laws."

ICE does not provide written certifications to the law enforcement officers that have attended
the 287(g) Delegation of Authority training. The ICE Training Division does certify in writing
to the appropriate ICE Special Agent in Charge or and/or the ICE Field Office Director the
names of those law enforcement personnel who successfully complete training and pass all
required testing. However, the names of the individual law enforcement officers who have

www.icc.gov
Page 2 of5

attended the 287(g) training are exempt from release pursuant to Title 5 U.S.C. § 552 (b)(6)
and (b)(7)(C), as explained below.

3. All records relating to DRS direction and supervision over these State officers or
employees, as per INA § 287(g)(3), 8 U.S.c. § 1357(g)(3) ("In performing a function
under this subsection, an officer or employee of a State or political subdivision of a
State shall be subject to the direction and supervision of the Attorney GeneraL").

Each MOA details the scope of the supervision that ICE will provide to each separate law
enforcement agency (LEA). As stated above, we provided you with all existing MOAs under
the 287(g) program along with our December 31, 2007 response.

4. All records relating to the use of Federal property or facilities by these State officers or
employees, and all written agreements between DRS and the States or subdivisions, as
per INA § 287(g)(4), 8 U.S.C. § 1357(g)(4).

Release of information responsive to this portion of your request could affect or limit the
ability of ICE to perform its immigration functions. Therefore, we are withholding this
information pursuant to Title 5 U.S.C. § 552 (b)(2)(high), as explained below.

5. All written agreements under INA § 287(g)(5), 8 U.S.c. § 1357(g)(5), setting forth "the
specific powers duties that may be, or are required to be, exercised or perfonned by
[these State officers or employees], and the position of the agency of the Attorney
General who is required to supervise and direct the individual."

The specific powers and duties that may be, or are required to be, exercised or performed by
the LEA officer is explained in detail in each LEA's MOA under Section V "Designation of
Authorized Functions". As stated above, we provided you with all existing MOAs under the
287(g) program along with our December 31, 2007 response.

6. All records relating to establishing or maintaining DRS compliance with INA §

287(g)(6), 8 U.S.c. § 1357(g)(6), which establishes that "The Attorney General may
not accept a service under this subsection if the service will be used to displace any
Federal employee."

ICE has remained compliant with INA § 287(g)(6), 8 U.S.c. § 1357(g)(6) but we have
generated no records relating to ICE's compliance with the regulation.

7. All pertaining to the training State and local officers and employees,
including but not limited to training materials and handouts, curricula, teachers'
manuals, training schedules and agendas, lists of individuals (by name and/or by job
title) andlor agencies or departments participating in these trainings, and any written
work submitted by the training participants (either before, during or after the training
sessions).
 3 5

have located a voluminous amount of records that be responsive this portion of

your request. We are reviewing the records and will provide you with a further response
concerning our determination of disclosure.

8. All records pertaining to the budget for these trainings, individually and/or collectively,
pertaining to expenditures out in furtherance trainings.

budgeted $6,340,000 fiscal 2006 and ,100,000 year 2007 for

expenditures.

9. All records pertaining to any invoices or bills from DRS to any State or political
subdivision the supervision, training, or any purpose, in cOlmection the
implementation of any agreement executed pursuant to INA § 287(g), 8 U.S.C. §
1357(g).

10. All records pertaining to any payments made to DRS by any State or political
subdivision thereof in cOlmection with the implementation of any agreement exeeuted
pursuant to INA § 287(g), 8 US.c. § 1357(g).

With respect to item numbers 9 and 10, as indicated in the MOAs provided to you on
31, 2007, ICE
.L/"v"'.uv'..... not invoice or bill LEAs for supervision, training, or the
implementation of the MOA. ICE is responsible for the salaries and benefits of all of its
,",v.,.u"", including instructors is the
installation, and maintenance oftechnology necessary to support the investigative functions of
with an 287(g) program. also agrees to the U'""vv""al
technological support and software updates for use by participating LEA personnel to
accomplish the delegated LEAs are responsible for salaries benefits,
including overtime, for all of its personnel being trained or performing duties under any 287(g)
MOA, for those personnel performing regular functions of the participating LEA
personnel while they are receiving training. No other records exist relating to this portion of
your request.

11. All records pertaining to any payment made by DRS to any State or political
subdivision with the implementation of agreement executed
pursuant to INA § 287(g), 8 US.c. § 1357(g).

We are currently working towards determining the existence of responsive records concerning
portion of your We will you with a further response concerning
responsive records.

12. memoranda, analyses, operations instructions, or any other record relating to the
implementation ofINA § 287(g), 8 US.C. § 1357(g).

We are currently working towards detennining the existence of responsive records concerning
this portion of your request. We will provide you with a further response concerning any
responsive records.
 4 5

13, All reports evaluations prepared relating the of §

287(g).

We are currently working towards determining the existence of responsive records concerning
this portion of your request. We will provide you with a further response concerning any
responsive reeords.

14. All complaints, suggestions or comments by relating to the

implementation of INA § 287(g).

ICE has received notice of one complaint relating to Maricopa County, Arizona. However,
was not the complaint. Therefore, maintained no relating to
complaint.

With respect to item number 4, FOIA Exemption 2(high) protects information applicable to
internal administrative and personnel such as operating rules, guidelines, and manual
of procedures of examiners or adjudicators, to the extent that disclosure would risk
circumvention of an agency regulation or statute, impede the effectiveness an agency's
activities, or reveal sensitive information that may put the security and safety of an agency
activity or employee at risk. Whether there is any public interest in disclosure is legally
irrelevant. Rather, concern under high 2 is that a FOIA disclosure should not benefit those
attempting to violate the law and avoid detection.

With respect to item number 2, FOIA Exemption 6 exempts from disclosure personnel or
medical files similar release of which would cause clearly unwarranted
of personal privacy. This requires a balancing of the public's right to disclosure against the
privacy. We withheld the names law enforcement officers are
considered personal. The privacy interests of the individuals in the records you have requested
any minimal public interest disclosure of the information. Any interest
you may have in that information does not factor into the aforementioned balancing test.

Further, with respect to item number 2, the names of law enforcement officers are exempt
under Exemption 7(C), which protects records or information compiled for law enforcement
purposes that could reasonably be expected to constitute an unwarranted invasion of personal
privacy. This exemption takes particular note of the strong interests of individuals, whether
they are suspects, witnesses, or investigators, in not being unwarrantably associated with
alleged criminal activity. Based upon the traditional recognition of strong privacy interest in
enforcement records, categorical withholding information that identifies parties
enforcement records ordinarily appropriate. As I determined the privacy
interest in the identities of individuals in the records you have requested clearly outweigh any
HHHH.HLU public interest in disclosure the note that pri vate interest
you may have in that information does not factor into this determination.

You have the right to appeal this determination. Should you wish to do so, you must send your
appeal a this letter, within of date of lettcr, to: Associate General
 5 5

(General Law), Department of Homeland Washington, 20528,

following the procedures outlined in the DHS FOIA regulations at 6 C.F.R. § 5.9. Your
and letter should be marked "FOIA Appeal." Copies of the FOIA and DHS
regulations are available at www.dhs.gov/foia.

Your request has been assigned reference number 07-FOIA-51847. Please refer to this
identifier in any future correspondence. You may contact this office at 202-353-8906.

Sincerely,

Reba A. McGinnis
Chief, Information Disclosure Unit
Mission Support Division
Office of Investigations
 Office o/Investigations

U.S. Department of Homeland Security

425 I Street, NW
Washington, DC 20536

u.s. Immigration
and Customs
FEB -7 2008 Enforcement

This is an interim response to your Freedom ofInformation Act (FOIA) request to the U.S.
Department of Homeland Security (DHS), dated March 8, 2007. We provided you with an
interim response on January 17,2008. We are addressing item # 7 of your original request for all
records pertaining to the training of State and local officers and employees, including but not
limited to training materials and handouts, curricula, teachers' manuals, training schedules and
agendas, list of individuals (by name and/or by job title) and/or agencies or departments
participating in these trainings, and any written work submitted by the training participants
(either before, during or after the training sessions).

Please be advised that we have reviewed the training material for the 287(g) program and have
determined that these records are exempt in their entirety pursuant to Title 5 U.S.C. § 552
(b)(2)(low), (b)(2) high, (b)(6), (b)(7)(C) and (b)(7)(E).

The following exemptions were applied to the withheld records.

FOIA Exemption (b)(2) low protects information applicable to internal administrative personnel
matters to the extent that the information is of a relatively trivial nature and there is no public
interest in the document.

FOIA Exemption (b)(2) high protects information applicable to internal administrative and
personnel matters, such as operating rules, guidelines, and manual of procedures of examiners or
adjudicators, to the extent that disclosure would risk circumvention of an agency regulation or
statute, impede the effectiveness of an agency's activities, or reveal sensitive information that
may pu,t the security and safety of an agency activity or employee at risk. Whether there is any
public interest in disclosure is legally irrelevant. Rather, the concern under high 2 is that a FOIA
disclosure should not benefit those attempting to violate the law and avoid detection.

FOIA Exemption (b)(6) exempts from disclosure personnel or medical files and similar files the
release of which would cause a clearly unwarranted invasion of personal privacy. This requires a
balancing of the public's right to disclosure against the individual's right privacy. The privacy
interests of the individuals in the records you have requested outweigh any minimal public
Page 2 of2

interest in disclosure of the infonnation. Any private interest you may have in that infonnation
does not factor into the aforementioned balancing test.

Exemption (b)(7)(C) protects records or infonnation compiled for law enforcement purposes
that could reasonably be expected to constitute an unwarranted invasion of personal privacy.
This exemption takes particular note of the strong interests of individuals, whether they are
suspects, witnesses, or investigators, in not being unwarrantably associated with alleged criminal
activity. That interest extends to persons who are not only the subjects of the investigation, but
those who may have their privacy invaded by having their identities and infonnation about them
revealed in connection with an investigation. As such, I have detennined that the privacy
interest in the identities of individuals in the records you have requested clearly outweigh any
minimal public interest in disclosure of the infonnation.

You have the right to appeal the above withholding detennination. Should you wish to do so,
you must send your appeal and a copy of this letter, within 60 days of the date of this letter, to:
Associate General Counsel (General Law), U.S. Department of Homeland Security, Washington,
D.C. 20528, following the procedures outlined in the DHS FOIA regulations at 6 C.F.R. § 5.9.
Your envelope and letter should be marked "FOIA Appeal." Copies of the FOIA and DHS
regulations are available at www.dhs.gov/foia.

Provisions ofthe FOIA and Privacy Act allow us to recover part of the cost of complying with
your request. In this instance, because the cost is below the $14 minimum, there is no charge.
6 CFR § 5.11(d)(4).

If you need to contact our office again about this matter, please refer to 07-FOIA-51847. This
office can be reached at (202) 353-8906.

s~
(+)Reba A. ~>iS~-~
Chief, Infonnation Disclosure Unit
Mission Support Division
Office of Investigations
 OJ}ice (J/lnvestigalio/1s

LS. Department of Homeland Security

425 I Street, NW
Washington, DC 20536

U.S. IInmigration
and Customs
Enforcement
FEB 2 2 2008

This letter further responds to your Freedom ofInformation Act (FOIA) request, dated
March 8, 2007, to U.S. Immigration and Customs Enforcement (ICE) for copies of, and
information relating to, Memoranda of Understanding between the Department of Homeland
Security (DHS) and any state or political subdivision regarding the 287(g) program. We have
provided you with interim responses on December 31, 2007, January 17, 2008, and
February 7, 2008. This response addresses item number 12 of your request for all memoranda,
analyses, operations instructions, or any other record relating to the implementation of
INA § 287(g), 8 U.S.C. § 1357(g), and item number 13 of your request for all reports and
evaluations prepared by DHS relating to the implementation of INA § 287(g).

In response to item numbers 12 and 13 of your request, we have located several pages of
responsive records. We have currently reviewed 464 pages of those records. I have
determined to withhold all 464 pages in their entirety pursuant to Title 5 U.S.C. § 552
(b)(2)(low), (b)(2)(high), (b)(5), (b)(6) and (b)(7)(C).

The above-referenced exemptions were applied to the withheld records, as described below.

FOIA Exemption 2(low) protects information applicable to internal administrative personnel

matters to the extent that the information is of a relatively trivial nature and there is no public
interest in the document.

FOIA Exemption 2(high) protects information applicable to internal administrative and

personnel matters, such as operating rules and guidelines, to the extent that disclosure would
risk circumvention of an agency regulation or statute, impede the effectiveness of an agency's
activities, or reveal sensitive information that may put the security and safety of an agency
activity or employee at risk. Whether there is any public interest in disclosure is legally
irrelevant. Rather, the concern under high 2 is that a FOIA disclosure should not benefit those
attempting to violate the law and avoid detection.

www.ice.gov
Page 2 of3

FOIA Exemption 5 protects from disclosure those inter- or intra-agency documents that are
normally privileged in the civil discovery context. The three most frequently invoked
privileges are the deliberative process privilege, the attorney work-product privilege, and the
attorney-client privilege. After carefully reviewing the responsive documents, I determined
that portions of the responsive documents qualify for protection under the deliberative process
privilege. The deliberative process privilege protects the integrity of the deliberative or
decision-making processes within the agency by exempting from mandatory disclosure
opinions, conclusions, and recommendations included within inter-agency or intra-agency
memoranda or letters. The release of this internal information would discourage the expression
of candid opinions and inhibit the free and frank exchange of information among agency
personnel.

FOIA Exemption 6 exempts from disclosure personnel or medical files and similar files the
release of which would cause a clearly unwarranted invasion of personal privacy. This
requires a balancing of the public's right to disclosure against the individual's right privacy.
We have withheld the names of law enforcement personnel that are considered personal. The
privacy interests of the individuals in the records you have requested outweigh any minimal
public interest in disclosure of the information. Any private interest you may have in that
information does not factor into the aforementioned balancing test.

Exemption 7(C) protects records or information compiled for law enforcement purposes that
could reasonably be expected to constitute an unwarranted invasion of personal privacy. This
exemption takes particular note of the strong interests of individuals, whether they are
suspects, witnesses, or investigators, in not being unwarrantably associated with alleged
criminal activity. That interest extends to persons who are not only the subjects of the
investigation, but those who may have their privacy invaded by having their identities and
information about them revealed in connection with an investigation. Based upon the
traditional recognition of strong privacy interest in law enforcement records, categorical
withholding of information that identifies third parties in law enforcement records is ordinarily
appropriate. As such, I have determined that the privacy interest in the identities of individuals
in the records you have requested clearly outweigh any minimal public interest in disclosure of
the information. Please note that any private interest you may have in that information does
not factor into this determination.

You have the right to appeal this determination. Should you wish to do so, you must send your
appeal and a copy of this letter, within 60 days of the date of this letter, to: Associate General

Counsel (General Law), U.S. Department of Romeland Security, Washington, D.C. 20528,
following the procedures outlined in the DRS FOIA regulations at 6 C.F.R. § 5.9. Your
envelope and letter should be marked "FOIA Appeal." Copies of the FOIA and DRS
regulations are available at www.dhs.gov/foia.

We are currently reviewing additional records responsive to item numbers 12 and 13 of your
request. We will provide you with a further response concerning these additional records.
Page 3 of3

Your request has been assigned reference number 07-FOIA-51847. Please refer to this
identifier in any future correspondence. You may contact this office at 202-353-8906.

Reba A. McGinnis
Chief, Information Disclosure Unit
Mission Support Division
Office of Investigations
 Office of Investigations

U.S. Department of Homeland Security

425 I Street, NW
Washington, DC 20536

MAR - 7 2008
U.s. Immigration
and Customs
Enforcement

This letter further responds to your Freedom oflnformation Act (FOIA) request, dated
March 8, 2007, to U.S. Immigration and Customs Enforcement (ICE) for copies of, and
information relating to, Memoranda of Understanding between the Department of Homeland
Security (DHS) and any state or political subdivision regarding the 287(g) program. We have
provided you with interim responses on December 31,2007, January 17,2008, and
February 7, 2008 and February 22,2008. This response addresses item number 12 of your
request for all memoranda, analyses, operations instructions, or any other record relating to the
implementation of INA § 287(g), 8 U.S.C. § 1357(g), and item number 13 of your request for
all reports and evaluations prepared by DHS relating to the implementation of INA § 287(g).

In response to item numbers 12 and 13 of your request, we have located several pages of
responsive records. We have currently reviewed an additional 172 pages of those records. I
have determined to withhold all 172 pages in their entirety pursuant to Title 5 U.S.C. § 552
(b)(2)(low), (b)(2)(high), (b)(5), (b)(6) and (b)(7)(C).

The above-referenced exemptions were applied to the withheld records, as described below.

FOIA Exemption 2(low) protects information applicable to internal administrative personnel

matters to the extent that the information is of a relatively trivial nature and there is no public
interest in the document.

FOIA Exemption 2(bigb) protects information applicable to internal administrative and

personnel matters, such as operating rules and guidelines, to the extent that disclosure would
risk circumvention of an agency regulation or statute, impede the effectiveness of an agency's
activities, or reveal sensitive information that may put the security and safety of an agency
activity or employee at risk. Whether there is any public interest in disclosure is legally
irrelevant. Rather, the concern under high 2 is that a FOIA disclosure should not benefit those
attempting to violate the law and avoid detection.

www.ice.gov
Page 2 of3

FOIA Exemption 5 protects from disclosure those inter- or intra-agency documents that are
normally privileged in the civil discovery context. The three most frequently invoked
privileges are the deliberative process privilege, the attorney work-product privilege, and the
attorney-client privilege. After carefully reviewing the responsive documents, I determined
that portions of the responsive documents qualify for protection under the deliberative process
privilege. The deliberative process privilege protects the integrity of the deliberative or
decision-making processes within the agency by exempting from mandatory disclosure
opinions, conclusions, and recommendations included within inter-agency or intra-agency
memoranda or letters. The release of this internal information would discourage the expression
of candid opinions and inhibit the free and frank exchange of information among agency
personnel.

FOIA Exemption 6 exempts from disclosure personnel or medical files and similar files the
release of which would cause a clearly unwarranted invasion of personal privacy. This
requires a balancing of the public's right to disclosure against the individual's right privacy.
We have withheld the names of law enforcement personnel that are considered personal. The
privacy interests of the individuals in the records you have requested outweigh any minimal
public interest in disclosure of the information. Any private interest you may have in that
information does not factor into the aforementioned balancing test.

Exemption 7(C) protects records or information compiled for law enforcement purposes that
could reasonably be expected to constitute an unwarranted invasion of personal privacy. This
exemption takes particular note of the strong interests of individuals, whether they are
suspects, witnesses, or investigators, in not being unwarrantably associated with alleged
criminal activity. That interest extends to persons who are not only the subjects of the
investigation, but those who may have their privacy invaded by having their identities and
information about them revealed in connection with an investigation. Based upon the
traditional recognition of strong privacy interest in law enforcement records, categorical
withholding of information that identifies third parties in law enforcement records is ordinarily
appropriate. As such, I have determined that the privacy interest in the identities of individuals
in the records you have requested clearly outweigh any minimal public interest in disclosure of
the information. Please note that any private interest you may have in that information does
not factor into this determination.

You have the right to appeal this determination. Should you wish to do so, you must send your
appeal and a copy ofthis letter, within 60 days of the date of this letter, to: Associate General

Counsel (General Law), U.S. Department of Romeland Security, Washington, D.C. 20528,
following the procedures outlined in the DRS FOIA regulations at 6 C.F.R. § 5.9. Your
envelope and letter should be marked "FOIA Appeal." Copies of the FOIA and DRS
regulations are available at www.dhs.gov/foia.

We are currently reviewing additional records responsive to item numbers 12 and 13 of your
request. We will provide you with a further response concerning these additional records.
Page 3 of3

Your request has been assigned reference number 07-FO IA -5184 7. Please refer to this
identifier in any future correspondence. You may contact this office at 202-353-8906.

Chief, Information Disclosure Unit

Mission Support Division
Office of Investigations
 Office a/Investigations

u.s. Department of Homeland Security

425 I Street, NW
Washington, DC 20536

U.s. Immigration
and Customs
Enforcement

MAR 1 4 2008

This letter further responds to your Freedom of Information Act (FOIA) request, dated
March 8, 2007, to U.S. Immigration and Customs Enforcement (ICE) for copies of, and
information relating to, Memoranda of Understanding between the Department of Homeland
Security (DHS) and any state or political subdivision regarding the 287(g) program. Our last
interim response was sent to you on March 7, 2008. This response further addresses item
number 12 of your request for all memoranda, analyses, operations instructions, or any other
record relating to the implementation of INA § 287(g), 8 U.S.C. § 1357(g), and item number
13 of your request for all reports and evaluations prepared by DHS relating to the
implementation of INA § 287(g).

In response to item numbers 12 and 13 of your request, we have located several pages of
responsive records. We have reviewed an additional 339 pages of those records. I have
determined to withhold all 339 pages in their entirety pursuant to Title 5 U.S.C. § 552
(b)(2)(low), (b)(2)(high), (b)(5), (b)(6) and (b)(7)(C).

The above-referenced exemptions were applied to the withheld records, as described below.

FOIA Exemption 2(low) protects information applicable to internal administrative personnel

matters to the extent that the information is of a relatively trivial nature and there is no public
interest in the document.

FOIA Exemption 2(bigb) protects information applicable to internal administrative and

personnel matters, such as operating rules and guidelines, to the extent that disclosure would
risk circumvention of an agency regulation or statute, impede the effectiveness of an agency's
activities, or reveal sensitive information that may put the security and safety of an agency
activity or employee at risk. Whether there is any public interest in disclosure is legally
irrelevant. Rather, the concern under high 2 is that a FOIA disclosure should not benefit those
attempting to violate the law and avoid detection.

www.ice.gov
Page 2 of3

FOIA Exemption 5 protects from disclosure those inter- or intra-agency documents that are
normally privileged in the civil discovery context. The three most frequently invoked
privileges are the deliberative process privilege, the attorney work-product privilege, and the
attorney-client privilege. After carefully reviewing the responsive documents, I determined
that portions of the responsive documents qualify for protection under the deliberative process
privilege. The deliberative process privilege protects the integrity of the deliberative or
decision-making processes within the agency by exempting from mandatory disclosure
opinions, conclusions, and recommendations included within inter-agency or intra-agency
memoranda or letters. The release of this internal information would discourage the expression
of candid opinions and inhibit the free and frank exchange of information among agency
personnel.

FOIA Exemption 6 exempts from disclosure personnel or medical files and similar files the
release of which would cause a clearly unwarranted invasion of personal privacy. This
requires a balancing of the public's right to disclosure against the individual's right privacy.
We have withheld the names of law enforcement personnel that are considered personal. The
privacy interests ofthe individuals in the records you have requested outweigh any minimal
public interest in disclosure of the information. Any private interest you may have in that
information does not factor into the aforementioned balancing test.

Exemption 7(C) protects records or information compiled for law enforcement purposes that
could reasonably be expected to constitute an unwarranted invasion of personal privacy. This
exemption takes particular note of the strong interests of individuals, whether they are
suspects, witnesses, or investigators, in not being unwarrantably associated with alleged
criminal activity. That interest extends to persons who are not only the subjects of the
investigation, but those who may have their privacy invaded by having their identities and
information about them revealed in connection with an investigation. Based upon the
traditional recognition of strong privacy interest in law enforcement records, categorical
withholding of information that identifies third parties in law enforcement records is ordinarily
appropriate. As such, I have determined that the privacy interest in the identities of individuals
in the records you have requested clearly outweigh any minimal public interest in disclosure of
the information. Please note that any private interest you may have in that information does
not factor into this determination.

You have the right to appeal this determination. Should you wish to do so, you must send your
appeal and a copy of this letter, within 60 days of the date of this letter, to: Associate General

Counsel (General Law), U.S. Department of Romeland Security, Washington, D.C. 20528,
following the procedures outlined in the DRS FOIA regulations at 6 C.F.R. § 5.9. Your
envelope and letter should be marked "FOIA Appeal." Copies of the FOIA and DRS
regulations are available at www.dhs.gov/foia.

We are currently reviewing additional records responsive to item numbers 12 and 13 of your
request. We will provide you with a further response concerning these additional records.
Page 3 of3

Your request has been assigned reference number 07-FOIA-51847. Please refer to this
identifier in any future correspondence. You may contact this office at 202-353-8906.

Sincerely,

~yj!ll~-
Reba A. McGinnis
Chief, Information Disclosure Unit
Mission Support Division
Office of Investigations
 Office a/Investigations

u.s. Department of Homeland Security

425 I Street, NW
Washington, DC 20536

u.s. Immigration
and Customs
Enforcement

MAR 1 9 2008

This letter further responds to your Freedom ofInformation Act (FOIA) request, dated
March 8, 2007, to U.S. Immigration and Customs Enforcement (ICE) for copies of, and
information relating to, Memoranda of Understanding between the Department of Homeland
Security (DHS) and any state or political subdivision regarding the 287(g) program. Our last
interim response was sent to you on March 14, 2008. This response further addresses item
number 12 of your request for all memoranda, analyses, operations instructions, or any other
record relating to the implementation of INA § 287(g), 8 U.S.C. § 1357(g), and item number
13 of your request for all reports and evaluations prepared by DHS relating to the
implementation of INA § 287(g).

We have reviewed an additional 301 pages in response to item numbers 12 and 13 of your
request. I have determined to withhold all 301 pages in their entirety pursuant to Title 5 U.S.C.
§ 552 (b)(2)(low), (b)(2)(high), (b)(6) and (b)(7)(C).

The above-referenced exemptions were applied to the withheld records, as described below.

FOIA Exempti~n 2(low) protects information applicable to internal administrative personnel

matters to the extent that the information 'is of a relatively trivial nature and there is no public'
interest in the document.

FOIA Exemption 2(bigb) protects information applicable to internal administrative and

personnel matters, such as operating rules and guidelines, to the extent that disclosure would
risk circumvention of an agency regulation or statute, impede the effectiveness of an agency's
activities, or reveal sensitive information that may put the security and safety of an agency
activity or employee at risk. Whether there is any public interest in disclosure is legally
irrelevant. Rather, the concern under high 2 is that a FOIA disclosure should not benefit those
attempting to violate the law and avoid detection.

www.ice.goY
Page 2 of2

FOIA Exemption 6 exempts from disclosure personnel or medical files and similar files the
release of which would cause a clearly unwarranted invasion of personal privacy. This
requires a balancing of the public's right to disclosure against the individual's right privacy.
We have withheld the names of law enforcement personnel that are considered personal. The
privacy interests of the individuals in the records you have requested outweigh any minimal
public interest in disclosure of the information. Any private interest you may have in that
information does not factor into the aforementioned balancing test.

Exemption 7(C) protects records or information compiled for law enforcement purposes that
could reasonably be expected to constitute an unwarranted invasion of personal privacy. This
exemption takes particular note of the strong interests of individuals, whether they are
suspects, witnesses, or investigators, in not being unwarrantably associated with alleged
criminal activity. That interest extends to persons who are not only the subjects of the
investigation, but those who may have their privacy invaded by having their identities and
information about them revealed in connection with an investigation. Based upon the
traditional recognition of strong privacy interest in law enforcement records, categorical
withholding of information that identifies third parties in law enforcement records is ordinarily
appropriate. As such, I have determined that the privacy interest in the identities of individuals
in the records you have requested clearly outweigh any minimal public interest in disclosure of
the information. Please note that any private interest you may have in that information does
not factor into this determination.

You have the right to appeal this determination. Should you wish to do so, you must send your
appeal and a copy ofthis letter, within 60 days ofthe date of this letter, to: Associate General

Counsel (General Law), U.S. Department of Romeland Security, Washington, D.C. 20528,
following the procedures outlined in the DRS FOIA regulations at 6 C.F.R. § 5.9. Your
envelope and letter should be marked "FOIA Appeal." Copies of the FOIA and DRS
regulations are available at www.dhs.gov/foia.

We are currently reviewing additional records responsive to item numbers 12 and 13 of your
request. We will provide you with a further response concerning these additional records.

Your request has been assigned reference number 07-FOIA-51847. Please refer to this
identifier in any future correspondence. You may contact this office at 202-353-8906.

Sincerely,

cGinnis
/1J~'
Chief, Information Disclosure Unit
Mission Support Division
Office of Investigations
 Office of [fives riga/ions

C.S. Department of Homeland Security

425 I Street, NW
Washington, DC 20536

U.S. bnlnigration
and Customs
Enforcement

MAR 28 2008

This letter further responds to your Freedom ofInformation Act (FOIA) request, dated
March 8, 2007, to U.S. Immigration and Customs Enforcement (ICE) for copies of, and
information relating to, Memoranda of Understanding between the Department of Homeland
Security (DHS) and any state or political subdivision regarding the 287(g) program. We
provided you with our last interim response on March 19,2008. This response further
addresses item number 12 of your request for all memoranda, analyses, operations instructions,
or any other record relating to the implementation of INA § 287(g), 8 U.S.C. § 1357(g), and
item number 13 of your request for all reports and evaluations prepared by DHS relating to the
implementation of INA § 287(g).

In response to item numbers 12 and 13 of your request, we have located several pages of
responsive records. We have reviewed an additional 303 pages of those records. I have
determined to withhold all 303 pages in their entirety pursuant to Title 5 U.S.C. § 552
(b)(2)(low), (b)(2)(high), (b)(5), (b)(6) and (b)(7)(C).

The above-referenced exem:p!iol1s_wel"eap~liecl tg tl1~ withheldIecQrds, as_described below.

FOIA Exemption 2(low) protects information applicable to internal administrative personnel

matters to the extent that the information is of a relatively trivial nature and there is no public
interest in the document.

FOIA Exemption 2(high) protects information applicable to internal administrative and

personnel matters, such as operating rules and guidelines, to the extent that disclosure would
risk circumvention of an agency regulation or statute, impede the effectiveness of an agency's
activities, or reveal sensitive information that may put the security and safety of an agency
activity or employee at risk. Whether there is any public interest in disclosure is legally
irrelevant. Rather, the concern under high 2 is that a FOIA disclosure should not benefit those
attempting to violate the law and avoid detection.

www-ice,goY
Page 2 of3

FOIA Exemption 5 protects from disclosure those inter- or intra-agency documents that are
normally privileged in the civil discovery context. The three most frequently invoked
privileges are the deliberative process privilege, the attorney work-product privilege, and the
attorney-client privilege. After carefully reviewing the responsive documents, I determined
that portions of the responsive documents qualify for protection under the deliberative process
privilege. The deliberative process privilege protects the integrity of the deliberative or
decision-making processes within the agency by exempting from mandatory disclosure
opinions, conclusions, and recommendations included within inter-agency or intra-agency
memoranda or letters. The release of this internal information would discourage the expression
of candid opinions and inhibit the free and frank exchange of information among agency
personnel.

FOIA Exemption 6 exempts from disclosure personnel or medical files and similar files the
release of which would cause a clearly unwarranted invasion of personal privacy. This
requires a balancing of the public's right to disclosure against the individual's right privacy.
We have withheld the names of law enforcement personnel that are considered personal. The
privacy interests of the individuals in the records you have requested outweigh any minimal
pubiic interest in disclosure of the information. Any private interest you may have in that
information does not factor into the aforementioned balancing test.

Exemption 7(C) protects records or information compiled for law enforcement purposes that
could reasonably be expected to constitute an unwarranted invasion of personal privacy. This
exemption takes particular note of the strong interests of individuals, whether they are
suspects, witnesses, or investigators, in not being unwarrantably associated with alleged
criminal activity. That interest extends to persons who are not only the subjects of the
investigation, but those who may have their privacy invaded by having their identities and
information about them revealed in connection with an investigation. Based upon the
traditional recognition of strong privacy interest in law enforcement records, categorical
withholding of information that identifies third parties in law enforcement records is ordinarily
appropriate. As such, I have determined that the privacy interest in the identities of individuals
in the records you have requested clearly outweigh any minimal public interest in disclosure of
the information. Please note that any private interest you may have in that information does
not factor into this determination.

You have the right to appeal this determination. Should you wish to do so, you must send your
appeal and a copy of this letter, within 60 days of the date of this letter, to: Associate General

Counsel (General Law), U.S. Department of Homeland Security, Washington, D.C. 20528,
following the procedures outlined in the DHS FOIA regulations at 6 C.F.R. § 5.9. Your
envelope and letter should be marked "FOIA Appeal." Copies of the FOIA and DHS
regulations are available at www.dhs.gov/foia.

We are currently reviewing additional records responsive to item numbers 12 and 13 of your
request. We will provide you with a further response concerning these additional records.
Page 3 of3

Your request has been assigned reference number 07-FOIA-51847. Please refer to this
identifier in any future correspondence. You may contact this office at 202-353-8906.

Sincerely,

Reba A. McGinnis
Chief, Information Disclosure Unit
Mission Support Division
Office of Investigations
 Ojtlce of investigations

LS. Department of Homeland Security

425 1 Street, NW
\Vashingtol1, DC 20536

U.S. Imnligration
APR - 4 2008
and Customs
Enforcement

This letter further responds to your Freedom of Information Act (FOIA) request, dated
March 8, 2007, to U.S. Immigration and Customs Enforcement (ICE) for copies of, and
information relating to, Memoranda of Understanding between the Department of Homeland
Security (DHS) and any state or political subdivision regarding the 287(g) program. We
provided you with our last interim response on March 28,2008. This response further
addresses item number 12 of your request for all memoranda, analyses, operations instructions,
or any other record relating to the implementation of INA § 287(g), 8 U.S.c. § 1357(g), and
item number 13 of your request for all reports and evaluations prepared by DHS relating to the
implementation of INA § 287(g).

In response to item numbers 12 and 13 of your request, we have located several pages of
responsive records. We have reviewed an additional 774 pages of those records. I have
determined to withhold all 774 pages in their entirety pursuant to Title 5 U.S.C. § 552
(b)(2)(low), (b)(2)(high), (b)(5), (b)(6) and (b)(7)(C).

The above-referenced exemptions were applied to the withheld records, as described below.

FOIA Exemption 2(low) protects information applicable to internal administrative personnel

matters to the extent that the information is of a relatively trivial nature and there is no public
interest in the document.

FOIA Exemption 2(bigb) protects information applicable to internal administrative and

personnel matters, such as operating rules and guidelines, to the extent that disclosure would
risk circumvention of an agency regulation or statute, impede the effectiveness of an agency's
activities, or reveal sensitive information that may put the security and safety of an agency
activity or employee at risk. Whether there is any public interest in disclosure is legally
irrelevant. Rather, the concern under high 2 is that a FOIA disclosure should not benefit those
attempting to violate the law and avoid detection.

www.ice.goY
Page 2 of3

FOIA Exemption 5 protects from disclosure those inter- or intra-agency documents that are
normally privileged in the civil discovery context. The three most frequently invoked
privileges are the deliberative process privilege, the attorney work-product privilege, and the
attorney-client privilege. After carefully reviewing the responsive documents, I determined
that portions of the responsive documents qualify for protection under the deliberative process
privilege. The deliberative process privilege protects the integrity of the deliberative or
decision-making processes within the agency by exempting from mandatory disclosure
opinions, conclusions, and recommendations included within inter-agency or intra-agency
memoranda or letters. The release of this internal information would discourage the expression
of candid opinions and inhibit the free and frank exchange of information among agency
personnel.

FOIA Exemption 6 exempts from disclosure personnel or medical files and similar files the
release of which would cause a clearly unwarranted invasion of personal privacy. This
requires a balancing ofthe public's right to disclosure against the individual's right privacy.
We have withheld the names of law enforcement personnel that are considered personal. The
privacy interests of the individuals in the records you have requested outweigh any minimal
public interest in disclosure of the information. Any private interest you may have in that
information does not factor into the aforementioned balancing test.

Exemption 7(C) protects records or information compiled for law enforcement purposes that
could reasonably be expected to constitute an unwarranted invasion of personal privacy. This
exemption takes particular note of the strong interests of individuals, whether they are
suspects, witnesses, or investigators, in not being unwarrantably associated with alleged
criminal activity. That interest extends to persons who are not only the subjects of the
investigation, but those who may have their privacy invaded by having their identities and
information about them revealed in connection with an investigation. Based upon the
traditional recognition of strong privacy interest in law enforcement records, categorical
withholding of information that identifies third parties in law enforcement records is ordinarily
appropriate. As such, I have determined that the privacy interest in the identities of individuals
in the records you have requested clearly outweigh any minimal public interest in disclosure of
the information. Please note that any private interest you may have in that information does
not factor into this determination.

You have the right to appeal this determination. Should you wish to do so, you must send your
appeal and a copy of this letter, within 60 days of the date of this letter, to: Associate General

Counsel (General Law), U.S. Department of Romeland Security, Washington, D.C. 20528,
following the procedures outlined in the DRS FOIA regulations at 6 C.F.R. § 5.9. Your
envelope and letter should be marked "FOIA Appeal." Copies of the FOIA and DRS
regulations are available at www.dhs.gov/foia.

We are still reviewing additional records responsive to item numbers 12 and 13 of your
request. We will provide you with a further response concerning these additional records.
Page 3 of3

As you are aware, your request has been assigned reference number 07-FOIA-51847. Please
refer to this identifier in any future correspondence. You may contact this office at 202-353-
8906.

~~Reba A. McGinnis
Chief, Information Disclosure Unit
Mission Support Division
Office of Investigations
 Office a/Investigations

u.s. Department of Homeland Security

425 I Street, NW
Washington, DC 20536

U.S. Inlnligration
APR 1 1 2008 and Custolns
Enforcelnent

This letter further responds to your Freedom of Information Act (FOIA) request, dated
March 8, 2007, to U.S. Immigration and Customs Enforcement (ICE) for copies of, and
information relating to, Memoranda of Understanding between the Department of Homeland
Security (DHS) and any state or political subdivision regarding the 287(g) program. Our last
interim response was sent to you on April 4, 2008. This response further addresses item
number 12 of your request for all memoranda, analyses, operations instructions, or any other
record relating to the implementation of INA § 287(g), 8 U.S.C. § 1357(g), and item number
13 of your request for all reports and evaluations prepared by DHS relating to the
implementation of INA § 287(g).

We have reviewed an additional 88 pages in response to item numbers 12 and 13 of your

request. I have determined to withhold all 88 pages in their entirety pursuant to Title 5 U.S.C.
§ 552(b)(2)(high) and (b)(5).

The above-referenced exemptions were applied to the withheld information, as described

below.

FOIA Exemption 2(high) protects information applicable to internal administrative and

personnel matters, such as operating rules and guidelines, to the extent that disclosure would
risk circumvention of an agency regulation or statute, impede the effectiveness of an agency's
activities, or reveal sensitive information that may put the security and safety of an agency
activity or employee at risk. Whether there is any public interest in disclosure is legally
irrelevant. Rather, the concern under high 2 is that a FOIA disclosure should not benefit those
attempting to violate the law and avoid detection.

FOIA Exemption 5 protects from disclosure those inter- or intra-agency documents that are
normally privileged in the civil discovery context. The three most frequently invoked
privileges are the deliberative process privilege, the attorney work-product privilege, and the
attorney-client privilege. After carefully reviewing the responsive documents, I determined
that the responsive documents qualify for protection under the deliberative process privilege.
The deliberative process privilege protects the integrity of the deliberative or decision-making
processes within the agency by exempting from mandatory disclosure opinions, conclusions,
www.icc.gOY
Page 2 of2

and recommendations included within inter-agency or intra-agency memoranda or letters. The

release of this internal information would inhibit the free and frank exchange of information
among agency personnel.

You have the right to appeal this determination. Should you wish to do so, you must send your
appeal and a copy of this letter, within 60 days of the date of this letter, to: Associate General

Counsel (General Law), U.S. Department of Homeland Security, Washington, D.C. 20528,
following the procedures outlined in the DHS FOIA regulations at 6 C.F.R. § 5.9. Your
envelope and letter should be marked "FOIA Appeal." Copies of the FOIA and DHS
regulations are available at www.dhs.gov/foia.

We are currently reviewing additional records responsive to item numbers 12 and 13 of your
request. We will provide you with a further response concerning these additional records.

Your request has been assigned reference number 07-FOIA-51847. Please refer to this
identifier in any future correspondence. You may contact this office at 202-353-8906.

Reba A. McGinnis
Chief, Information Disclosure Unit
Mission Support Division
Office of Investigations
 Office a/Investigations

r.s. Department of Homeland Security

425 I Street, NW
Washington, DC 20536

APR 2 5 2008 U.S. Immigration

and Customs
Enforcement

This letter further responds to your Freedom ofInformation Act (FOIA) request, dated
March 8, 2007, to U.S. Immigration and Customs Enforcement (ICE) for copies of, and
information relating to, Memoranda of Understanding between the Department of Homeland
Security (DHS) and any state or political subdivision regarding the 287(g) program. We
provided you with our last interim response on April 11, 2008. This response further addresses
item number 12 of your request for all memoranda, analyses, operations instructions, or any
other record relating to the implementation of INA § 287(g), 8 U.S.C. § 1357(g), and item
number 13 of your request for all reports and evaluations prepared by DHS relating to the
implementation of INA § 287(g).

In response to item numbers 12 and 13 of your request, we have reviewed an additional 588
pages of those records. I have determined to withhold all 588 pages in their entirety pursuant
to Title 5 U.S.C. § 552 (b)(2)(high), (b)(5), (b)(6) and (b)(7)(C).

The above-referenced exemptions were applied to the withheld records, as described below.

FOIA Exemption 2(high) protects information applicable to internal administrative and

personnel matters, such as operating rules and guidelines, to the extent that disclosure would
risk circumvention of an agency regulation or statute, impede the effectiveness of an agency's
activities, or reveal sensitive information that may put the security and safety of an agency
activity or employee at risk. Whether there is any public interest in disclosure is legally
irrelevant. Rather, the concern under high 2 is that a FOIA disclosure should not benefit those
attempting to violate the law and avoid detection.

FOIA Exemption 5 protects from disclosure those inter- or intra-agency documents that are
normally privileged in the civil discovery context. The three most frequently invoked
privileges are the deliberative process privilege, the attorney work-product privilege, and the
attorney-client privilege. After carefully reviewing the responsive documents, I determined
that the documents were prepared for briefing purposes and qualify for protection under the
deliberative process privilege. The deliberative process privilege protects the integrity of the

www.ice.gov
Page 2 of3

deliberative or decision-making processes within the agency by exempting from mandatory

disclosure opinions, conclusions, and recommendations included within inter-agency or intra-
agency memoranda or letters. The release of this internal information would discourage the
expression of candid opinions and inhibit the free and frank exchange of information among
agency personnel.

FOIA Exemption 6 exempts from disclosure personnel or medical files and similar files the
release of which would cause a clearly unwarranted invasion of personal privacy. This
requires a balancing ofthe public's right to disclosure against the individual's right privacy.
We have withheld the names of law enforcement personnel that are considered personal. The
privacy interests of the individuals in the records you have requested outweigh any minimal
public interest in disclosure ofthe information. Any private interest you may have in that
information does not factor into the aforementioned balancing test.

Exemption 7(C) protects records or information compiled for law enforcement purposes that
could reasonably be expected to constitute an unwarranted invasion of personal privacy. This
exemption takes particular note of the strong interests of individuals, whether they are
suspects, witnesses, or investigators, in not being unwarrantably associated with alleged
criminal activity. That interest extends to persons who are not only the subjects ofthe
investigation, but those who may have their privacy invaded by having their identities and
information about them revealed in connection with an investigation. Based upon the
traditional recognition of strong privacy interest in law enforcement records, categorical
withholding of information that identifies third parties in law enforcement records is ordinarily
appropriate. As such, I have determined that the privacy interest in the identities of individuals
in the records you have requested clearly outweigh any minimal public interest in disclosure of
the information. Please note that any private interest you may have in that information does
not factor into this determination.

You have the right to appeal this determination. Should you wish to do so, you must send your
appeal and a copy of this letter, within 60 days ofthe date of this letter, to: Associate General
Counsel (General Law), U.S. Department of Homeland Security, Washington, D.C. 20528,
following the procedures outlined in the DHS FOIA regulations at 6 C.F.R. § 5.9. Your
envelope and letter should be marked "FOIA Appeal." Copies ofthe FOIA and DHS
regulations are available at www.dhs.gov/foia.

We are still reviewing additional records responsive to item numbers 12 and 13 of your
request. We will provide you with a further response concerning these additional records.
Page 3 of3

As you are aware, your request has been assigned reference number 07-FOIA-51847. Please
refer to this identifier in any future correspondence. You may contact this office at 202-353-
8906.

Sincerely,

rf]J;dm~
Reba A. McGinnis
Chief, Information Disclosure Unit
Mission Support Division
Office of Investigations
 Ofjice oflnvesrigaliolls

lJ.S. Department of Homeland Sectlrity

425 1 Street, NW
Washington, DC 20536

MAY - 4 2008 U.S. bnmigration

and Customs
Enforcement

This letter further responds to your Freedom ofInformation Act (FOIA) request, dated
March 8, 2007, to U.S. Immigration and Customs Enforcement (ICE) for copies of, and
information relating to, Memoranda of Understanding between the Department of Homeland
Security (DHS) and any state or political subdivision regarding the 287(g) program. We
provided you with our last interim response on April 11, 2008. This response further addresses
item number 12 of your request for all memoranda, analyses, operations instructions, or any
other record relating to the implementation of INA § 287(g), 8 U.S.C. § 1357(g), and item
number 13 of your request for all reports and evaluations prepared by DHS relating to the
implementation of INA § 287(g).

In response to item numbers 12 and 13 of your request, we have reviewed an additional 127
pages of those records. I have determined to release 30 pages in their entirety; withhold 62
pages in part pursuant to Title 5 U.S.C. § 552 (b)(2)(high) and (b)(7)(C); and withhold 37
pages in their entirety pursuant to Title 5 U.S.C. § 552 (b)(2)(high), (b)(5) and (b)(7)(C).

Enclosed are the 92 pages of records responsive to your request which include the 30 pages of
records released in their entirety and the 62 pages released in part. The above-referenced
exemptions were applied to the withheld information, as described below.

FOIA Exemption 2(high) protects information applicable to internal administrative and

J2erSOnn~l1ill}teI§~1!cQ. jllLQltltt:ati!!&.lJ!J£~o~d gui~~E!}~ a~ ~e)L~s~!h~ t~J~12g2!l~_~l!lbeI~~<2f _~~~~_._w___
law enforcement agents, to the extent that disclosure would risk circumvention of an agency
regulation or statute, impede the effectiveness of an agency's activities, or reveal sensitive
information that may put the security and safety of an agency activity or employee at risk.
Whether there is any public interest in disclosure is legally irrelevant. Rather, the concern
under high 2 is that a FOIA disclosure should not benefit those attempting to violate the law
and avoid detection.

FOIA Exemption 5 protects from disclosure those inter- or intra-agency documents that are
nOrnlallyprivilegedin the civildiscovery context. The three most frequently invoked

www.ice.goY
Page 2 of2

privileges are the deliberative process privilege, the attorney work-product privilege, and the
attorney-client privilege. After carefully reviewing the responsive documents, I determined
that the intra-agency memoranda and draft correspondence letters qualify for protection under
the deliberative process privilege. The deliberative process privilege protects the integrity of
the deliberative or decision-making processes within the agency by exempting from mandatory
disclosure opinions, conclusions, and recommendations included within inter-agency or intra-
agency memoranda or letters. The release of this internal information would discourage the
expression of candid opinions and inhibit the free and frank exchange of information among
agency personnel.

Exemption 7(C) protects records or information compiled for law enforcement purposes that
could reasonably be expected to constitute an unwarranted invasion of personal privacy. This
exemption takes particular note of the strong interests of individuals, whether they are
suspects, witnesses, or investigators, in not being unwarrantably associated with alleged
criminal activity. That interest extends to persons who are not only the subjects of the
investigation, but those who may have their privacy invaded by having their identities and
information about them revealed in connection with an investigation. Based upon the
traditional recognition of strong privacy interest in law enforcement records, categorical
withholding of information that identifies third parties in law enforcement records is ordinarily
appropriate. As such, I have determined that the privacy interest in the identities of individuals
in the records you have requested clearly outweigh any minimal public interest in disclosure of
the information. Please note that any private interest you may have in that information does
not factor into this determination.

You have the right to appeal this determination. Should you wish to do so, you must send your
appeal and a copy of this letter, within 60 days of the date ofthis letter, to: Associate General
Counsel (General Law), U.S. Department of Homeland Security, Washington, D.C. 20528,
following the procedures outlined in the DHS FOIA regulations at 6 C.F.R. § 5.9. Your
envelope and letter should be marked "FOIA Appeal." Copies ofthe FOIA and DHS
regulations are available at www.dhs.gov/foia.

We are still reviewing additional records responsive to item numbers 12 and 13 of your
request. We will provide you with a further response concerning these additional records.

As you are aware, your request has been assigned reference number 07-FOIA-51847. Please
refer to this identifier in any future correspondence. You may contact this office at 202-353-
8906.

Chief, Information Disclosure Unit

Mission Support Division
Office of Investigations
 Office ofInvestigations

U.S. Departm.ent of.Homeland Security

4251 Street, NW
Washington, DC 20536

U.S. Immigration
MAY 2 3 2008
and Customs
Enforcement

This letter is our final response to your Freedom of Information Act (FOIA) request, dated
March 8, 2007, to U.S. Immigration and Customs Enforcement (ICE) for copies of, and
information relating to, Memoranda of Understanding between the Department of Homeland
Security (DHS) and any state or political subdivision regarding the 287(g) program. We
provided you with our last interim response on May 4,2008. This response addresses item
number 12 of your request for all memoranda, analyses, operations instructions, or any other
record relating to the implementation of INA § 287(g), 8 U.s.C. § 1357(g), and item number
13 of your request for all reports and evaluations prepared by DHS relating to the
implementation of INA § 287(g). "

In response to item numbers 12 and 13 of your request, we have reviewed an additional 283
pages of those records. I have determined to withhold 1 page in part pursuant to Title
5 U.s.C. § 552 (b)(2)(high) and (b)(7)(C) and 282 pages in their entirety pursuant to Title 5
U.S.C. § 552 (b)(2)(high), (b)(5) and (b)(7)(C).

Enc1osed,isthe 1 page r.e.cordwithheld in, part.. The above-referenced ex~mptions were applied
to the withheld information, as described below.

FOIA Exemption 2(high) protects information applicable to internal administrative and

personnel matters, such as operating rules and guidelines, as well as the telephone numbers of
law enforcement agents, to the extent that disclosure would risk circumvention of an agency
regulation or statute, impede the effectiveness of an agency's activities, or reveal sensitive
information that may put the security and safety of an agency activity or employee at risk.
Whether there is any public interest in disclosure is legally irrelevant. Rather, the concern
under high 2 is that a FOIA disclosure should not benefit those attempting to violate the law
and avoid detection.

FOIA Exemption 5 protects from disclosure those inter- or intra-agency documents that are
normally privileged in the civil discovery context. The three most frequently invoked

www.ice.gov
Page 2 of2

privileges are the deliberative process privilege, the attorney work-product privilege, and the
attorney-client privilege. After carefully reviewing the responsive documents, I determined
that the intra-agency memoranda and draft correspondence letters qualify for protection under
the deliberative process privilege. The deliberative process privilege protects the integrity of
the deliberative or decision-making processes within the agency by exempting from mandatory
disclosure opinions, conclusions, and recommendations included within inter-agency or intra-
agency memoranda or letters. The release of this internal information would discourage the
expression of candid opinions and inhibit the free and frank exchange of information among
agency personnel.

Exemption 7(C) protects records or information compiled for law enforcement purposes that
could reasonably be expected to constitute an unwarranted invasion of personal privacy. This
exemption takes particular note of the strong interests of individuals, whether they are
suspects, witnesses, or investigators, in not being unwarrantably associated with alleged
criminal activity. That interest extends to persons who are not only the subjects of the
investigation, but those who may have their privacy invaded· by having their identities and
information about them revealed in connection with an investigation. Based upon the
traditional recognition of strong privacy interest in law enforcement records, categorical
withholding of information that identifies third parties in law enforcement records is ordinarily
appropriate. As such, I have determined that the privacy interest in the identities of individuals
in the records you have requested clearly outweigh any minimal public interest in disclosure of
the information. Please note that any private interest you may have in that information does
not factor into this determination.

You have the right to appeal this determination. Should you wish to do so, you must send your
appeal and a copy of this letter, within 60 days of the date of this letter, to: Associate General
Counsel (General Law), U.S. Department of Romeland Security, Washington, D.C. 20528,
following the procedures outlined in the DRS FOIA regulations at 6 C.F.R. § 5.9. Your
envelope and letter should be marked "FOIA Appeal." Copies of the FOIAand DRS
regulations are available at www.dhs.gov/foia.

As you are aware, your request has been assigned reference number 07-FOIA-51847. Please
refer to this identifier in any future correspondence. You may contact this office at 202-353-
8906.

Sincerely,

~IJ~
Reba A. McGinnis
Chief, Information Disclosure Unit
Mission Support Division
Office of Investigations

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