1 of 4October 15, 2009

First Class Mail and Hand Delivery

Freedom of Information Act OfficeU.S. Immigration and Customs Enforcement800 North Capitol St., NW, Room 585Washington, DC 20536Catherine M. Papoi, Deputy Chief FOIA OfficeVania T. Locket, FOIA Requester Service Center ContactU.S. Department of Homeland SecurityThe Privacy Office245 Murray Drive, SW Building 410STOP-0550Washington, D.C. 20528-0550Department of Homeland SecurityUSCIS Houston Field Office126 Northpoint DriveHouston, TX 77060Re: FREEDOM OF INFORMATION ACT REQUESTExpedited Processing RequestedDear FOIA Officer:This is a request for records made pursuant to the Freedom of Information Act

(“FOIA”), 5 U.S.C. § 522, implementing regulations 8 C.F.R. § 103.10

and 6 C.F.R.§ 5, and any other applicable regulations.1.

Request for Information

Houston's America For All

(herein after, “the Requestor”) hereby requests disclosure

of records

in your possession related to, created in connection with, or pursuant to

The term “records” as used herein includes all records or communications in written or electro

nic form,including but not limited to correspondence, documents, data, videotapes, audio tapes, emails, faxes,telephone messages, logs, files, guidance, guidelines, evaluations, instructions, analyses, memoranda,agreements, notes, orders, policies, procedures, protocols, reports, rules, training manuals, other manuals, orstudies. With respect to privacy concerns for members of the public, we will accept copies that are redactedto protect private information of individuals identified in the documents, such as names, social securitynumbers and alien numbers, but we would object to the redaction of their birthdates and birthplaces. Inaddition, we request that members of the public whose identifying information is redacted be identified with

2 of 4

Immigration and Customs Enforcement’s (“ICE”) Memorandum of Agreement(“MOA”) with the

Harris County

Sheriff’s Office (“

HCSO

”) dated

July 2008 and itsnegotiation of a new, standardized MOA pursuant to changes announced by theDepartment of Homeland Sec

urity (“DHS”) on July 10, 2009.

The 2008 MOA authorized HCSO personnel to be trained and certified to performcertain immigration enforcement functions, as set forth in Section 287(g) of theImmigration and Nationality Act, 8 U.S.C. § 1357(g). On July 10, 2009, DHSannounced the creation of a new, standardized agreement to be re-signed withexisting partner agencies, including HCSO. The announcement can be found here:http://www.dhs.gov/ynews/releases/pr_1247246453625.shtmSpecifically, we request disclosure of the following records:1.1 Directives and guidance regarding authority: any and all regulations, instructions,directives, or memoranda issued by ICE or other federal agency in the past five yearsreflecting, describing, setting forth or cl

arifying local law enforcement agencies’

authority to perform immigration enforcement functions under an MOA, including the

role of a subject’s race, ethnicity, nationality, national origin, or language ability in

enforcement decisions and the circumstances under which an officer may exercise 287(g)authority, including what the nature and level of the state criminal offense beinginvestigated should be;1.2 Correspondence regarding authority: any and all correspondence to/from/originatingwithin ICE or any entity or subdivision of Harris County, reflecting, describing, settingforth or clarifying H

CSO’s authority to perform immigration enforcement functions and

any limitations thereon;1.3 Monitoring, oversight, and periodic reports: any and all records created by HCSO,Harris County, an ICE supervisory officer, or the Steering Committee identified withinthe July 2008 MOA that reflect efforts to monitor and track implementation of the MOA,including:1.3.1 information about the level of immigration enforcement activity by theHCSO;1.3.2 number of officers trained and certified or re-certified;1.3.3 projected outcomes;1.3.4 proper exercise of authority and compliance with the limitations thereon; and/or1.3.5 officer complaints/evaluations; and any correspondence generated inresponse to such reports;

an alphanumeric code so that multiple records relating to the same individual will be recognized as such.This redaction agreement does not apply to the names and badge numbers of federal agents.

3 of 41.4 Aggregate statistical data: any and all records that reflect the total number and, foreach month, from July 2008 to the present date regarding:1.4.1 persons referred to ICE by HCSO where a state criminal charge waspending;1.4.2 persons referred to ICE by HCSO where a state criminal charge was notpending;1.4.3 immigration detainers issued by HCSO for persons with a state criminalcharge pending; and1.4.4 immigration detainers issued by HCSO for persons with no state criminalcharge pending.2.1 Correspondence regarding applications: any and all correspondenceto/from/originating within ICE, DHS, or the HCSO relating to the re-signing of thenew, standardized 287(g) MOA and other documents related to other ICE ACCESSprograms;2.2 Correspondence regarding authority: any and all correspondenceto/from/originating within ICE, DHS, or the HCSO reflecting, describing, settingforth, or clarifying H

CSO’s authority to perform immigration enf

orcementfunctions pursuant to the new, standardized MOA;2.3 Correspondence regarding a deadline for re-signing: any and allcorrespondence specifying a deadline or date by which the new, standardized MOAmust be re-signed by the HCSO or County Commissioners and any correspondenceindicating the effect on the existing 2008 MOA and/or participation in any ICEACCESS programs if the new agreement is not signed; and2.4 Correspondence regarding existing, 2007 MOA: any and all correspondenceoriginating from ICE or DHS regarding any and all changes to its monitoring,supervision, or oversight of the 2008 MOA following the July 10, 2009announcement.2.

Request for Expedited Processing

The Requestor seeks expedited processing of this request. Expedition is available for

requests “(I) in cases in which the person requesting the records demonstrates acompelling need; and (II) in other cases determined by the agency.” 5 U.S.C. §

552(a)(6)(E)(i). See also ACLU v. Department of Justice, 321 F. Supp. 2d 24, 27

–

(D.D.C. 2004). FOIA directs agencies to “process as soon as practicable any requestsfor records to which [they have] granted expedited processing.” 5 U.S.C. §

552(a)(6)(E)(iii).

With respect to entities “primarily engaged in disseminating information,” acompelling need is demonstrated by an “urgency to inform the public concerningactual or alleged Federal Government activity.” 5 U.S.C. § 552(a)(6)(E)(v)(II).