Alabama Department of Public Safety - 287(g) FOIA Documents

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INS

Commissioner

Michael

J.

Garcia

425 I Street, SW

Washington,

DC

20536Dear

INS

Commissioner:

20,2003

REPL Y

MAYBE

MADt:

ro

The Stale

national security.supports

the measures taken

by

to

advance our

concerns

are

placing

on

the resources

of

both

we

understand

that

State

of

Alabama.

demands

that

nationaland Naturalization

lacksthe

ability

to

to the Attorney General287(g)

of

me

Irrunigration

The Department of

Public

Safety

will

rl"n

. ,,,,,·,,,

negotiating

the

tenns

of

the MOU.

The

MOU

should

include:

1)

functions

that

of

the

State

of

Alabama

will

be

authorized

to

and

to

perform

such functions.

of

Justice,

resources

within the

weAlabama

inimmigration enforcement

and

2) the training

would

like

its

r

to

working

with you,

and

with

negotiations

an

MOU

between

the State

A

[omey

General,

as we

begin

Alabama and the

Department

10

accordance

with

INA Section

287(g).

Office

of

he

Executive

Associate

Commissioner

Colonel Charles

E.

AndrewsDirectorDepartment

of

Public SafetyState

of

AlabamaP.O. Box

1511

Montgomery,

AL

36102-1511Dear Colonel Andrews:

U.S.

Department

of

Justice

Immigration

and

Naturalization

Service

HQINV

50118

4251 Street NW

Washington.

DC 20536

Thank you for your recent letter requesting the delegation

ofhnmigration

andNaturalization Service (INS) authority to Alabama State Troopers. The Illegal hnmigrationRefonn and Immigrant Responsibility Act

of

1996

(IIRAIRA),

Public Law 104-208, enacted onSeptember 30, 1996, amended the Immigration and Nationality Act

by

adding Section 287(g), 8U.S.C. Section 1357(g), to that Act. Section 287(g) pennits the Attorney General to enter intowritten agreements with states so that qualified state officers can perfonn certain functions

of

immigration officers.Section 287(g) requires that a written memorandum

of

understanding (MOU) be createdthat defines the authorities being certified, the training requirements, the required INSsupervision, the length

of

the agreement and other important issues. This

MOU

is developedbetween the INS and the state. The laws

of

the State

of

Alabama must also allow for theenforcement

of

these additional Federal authorities.This letter will serve

as

a notice

of

ntent

to

negotiate a memorandum

of

understandingbetween the INS and

the

State

of

Alabama to confer

on

selected Alabama State Troopers certain

~ 1 N S e n f t ) r e e m : e n t · a u t t r o r i t i e s :

Immigration and nationality law is complex, immigration policy and procedures areconstantly changing and the required training is extensive. Therefore I have directed theInvestigations Division

of

the INS to provide you and your staff an overview

ofthe

INS, its'authorities, processes

and

an

overview

of

Section 287(g).

__

-"-

........

~

......

__

Director Alabama Public Safety

As

the enforcement divisjon

of

the Immigration and Naturalization Service transitionsinto the new Department

of

Homeland Security (DHS).

Bureau

of

Immigration

and

CustomsEnforcement

(TCE),

we

will continue

to

work with you and the Alabama Department

of

PublicSafety

on

this important initiative

in

cooperative law

enforcement.

Sincerely,

of 00

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uploaded a new revision for this document (#2)

02 / 07 / 2010

uploaded a new revision for this document (#1)

02 / 07 / 2010