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NDLON v Baca Petition

NDLON v Baca Petition

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Sanjukta M. Paul (State Bar No. 243861) LAW OFFICE OF SANJUKTAM. PAUL 1475 Echo Park Avenue, Suite # 4 Los Angeles, California 90026 Telephone: (213) 482-9363 Facsimile: (213) 250-2846 Email: sanjukta@sanjuktalaw.com Attorney for Petitioners/Plaintiffs

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES CENTRAL DIVISION NATIONAL DAY LABORER ORGANIZING NETWORK; NATIONAL . IMMIGRATION LAW CENTER; and COALITION FOR HUMANE IMMIGRANT RIGHTS OF LOS ANGELES Petitioners/Plaintiffs,
v.

CASE NO. DEPT. VERIFIED PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF California Constitution Article I §3; Govt. Code §6258; Cal. Code of Civil Proc. §1085

SHERIFF LEROY D. BACA; COUNTY OF LOS ANGELES; and DOES 1-10 Respondents/Defendants.

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VERIFIED PETITION FOR WRIT OF MANDATE; COMPLAINT FOR DECLARATORY & INJUNCTIVE RELIEF

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Petitioners/plaintiffs National Day Laborer Organizing Network ("NDLON"); National Immigration Law Center (''NILC''); and Coalition for Humane Immigrant Rights of Los Angeles ("CHIRLA") (collectively, "petitioners"), together bring this petition to the Court for a writ of mandate requiring respondents/defendants Sheriff Leroy Baca, the County of Los Angeles, and

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Does 1-10 (collectively, "respondents"), to immediately make available to petitioners, as required by law, numerous public records relevant to petitioners' public policy work, as duly and lawfully requested by petitioners pursuant to Government Code § 6250, et seq. (the California Public Records Act, hereinafter "the Act"). Petitioners also respectfully request that this Court grant relief in the form of: declaratory relief, injunctive relief, costs of suit, attorneys' fees, and other appropriate and just relief resulting from respondents' unlawful conduct. Petitioners allege as follows: PARTIES 1. Petitioner/plaintiffNDLON is a non-profit, tax-exempt organization that works to

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improve the lives of day laborers in the United States. NDLON has 42 member organizations throughout the country. NDLON works to unify and strengthen its member organizations to be more strategic and effective in their efforts to develop leadership, mobilize, and organize day laborers in order to protect and expand their civil, labor and human rights. NDLON fosters safer, more humane enviromnents for day laborers, both men and women, to earn a living, contribute to society, and integrate into the community. NDLON is headquartered in Los Angeles, California. 2. PetitioneriplaintiffNILC is a non-profit, non-partisan national legal advocacy

organization whose mission is to protect and promote the rights and opportunities oflow-income immigrants and their families. NILC specializes in a broad array of issues affecting low-income immigrants and their families, including immigration enforcement and the use of state and local law enforcement resources to enforce immigration laws. Since its inception, NILC has litigated cases to ensure the government's enforcement of immigration laws does not infringe on the fundamental constitutional rights of immigrants, and has engaged in educating members of the public about their rights. NILC has conducted policy analysis and provided publications, technical advice, and trainings to a broad constituency oflegal aid agencies, community groups,
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VERIFIED PETITION FOR WRIT OF MANDATE; COMPLAINT FOR DECLARATORY
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INJUNCTIVE RELIEF

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and pro bono attorneys. NILC is headquartered in Los Angeles, California. 3. Petitionerlplaintiff CHIRLA is a non-profit tax-exempt organization, engaged in

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advancing the human and civil rights of immigrants and refugees and promoting harmonious multi-ethnic and multi-racial human relations, through coalition-building, advocacy, community education and organizing. CHIRLA is headquartered in Los Angeles, California. 4. Respondentldefendant County of Los Angeles ("the County") was and is a

political entity established under the laws of the State of California, with all the powers specified and necessarily implied by the Constitution and the laws of the State of California and exercised by an elected Board of Supervisors andlor their agents and officers. The Los Angeles County Sheriff s Department ("the Sheriff s Department" or "LASD") is a department or division of the County. 5. Respondent/defendant Sheriff Leroy Baca ("Sheriff Baca") is the Sheriff of Los

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Angeles County. Sheriff Baca is the public official with ultimate authority and responsibility for the acts and omissions complained of herein. 6. The true names of respondentsldefendants Does 1 to 19 arepresently unknown to .

petitioners, who therefore sue each of these respondents by such fictitious names. Upon ascertaining the true identity of a Doe respondent, petitioners will amend this complaint, seeking leave to do so, by inserting the true name in lieu of the fictitious name. Petitioners are informed and believe, and on the basis of such information and belief allege, that each Doe respondent is in some manner responsible for the acts and omissions herein alleged.

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JURISDICTION AND VENUE
7. This Court has jurisdiction to hear this petition, pursuant to Govt. Code § 6258,

Code of Civil Proc. §1085, and Article VI, section 10, ofthe California Constitution. 8. Venue is proper in this COUlt. All the parties are located and conduct business in

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Los Angeles, California; the records sought are situated in Los Angeles, California; and the conduct complained of took place in Los Angeles, California.

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VERIFIED PETITION FOR WRIT OF MANDATE; COMPLAINT FOR DECLARATORY & INJUNCTIVE RELIEF

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A.

GENERAL ALLEGATIONS The Public Policy Debate Regarding the Sheriffs Collaboration with ICE in

Immigration Enforcement. 9. The role of the County of Los Angeles and its Sheriffs Department in

immigration enforcement has been the subject of increasing public controversy in Los Angeles. The controversy echoes a debate on the proper role oflocal police in immigration enforcement that is taking place across the state and the country. 10. In 1996, section 287(g) was added to the federal Immigration and Nationality Act

(INA), permitting federal officials to enter into written agreements to deputize state and local officials to perform certain immigration enforcement functions. In 2005, the County entered into a Memorandum of Agreement ("the MOA") with United States Immigration and Customs Enforcement ("ICE"), pursuant to INA section 287(g). Under the MOA, certain LASD employees are deputized to perform certain immigration enforcement functions. In 2010, over vocal opposition from community groups, the County renewed its MOA. 11. In addition to its 287(g) MOA, the County and its Sheriffs Department also

collaborate with federal immigration officials through the Secure Communities program and the Criminal Alien Program (CAP). Under Secure Communities, the LASD shares all fingerprints of individuals who are booked into an LASD-operatedjail with ICE. Through CAP, the LASD

provides ICE agents with access to its facilities and the opportunity to interview its detainees about their immigration status. 12. The Secure Communities, 287(g) and CAP programs have been highly

controversial at both the national and local levels. The United States Government Accountability Office has issued scathing critiques of287(g), and Secure Communities is currently the subject of a Department of Homeland Security, Office of the Inspector General investigation, set to begin on July 11, 2011. 13. Community groups have raised concerns that this unprecedented collaboration

between the Sheriffs Department and federal immigration officials destroys trust between the Sheriffs Department and immigrant communities, jeopardizing decades of community policing 4
VERIFIED PETITION FOR WRIT OF MANDATE; COMPLAINT FOR DECLARATORY & INJUNCTIVE RELIEF

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work. Advocates have also raised concerns that the entanglement between the Sheriffs Department and federal immigration officials encourages racial profiling and pretextual arrests, whereby individuals are arrested as a pretext to check their immigration status. Serious questions have also been raised about the public resources expended upon 287(g), Secure Communities, and CAP, given these challenging fiscal times, and the burden these programs place on local law enforcement agencies.

B.

Prior Information Requests Related to Immigration Enforcement Collaboration between the Sheriff and ICE. 14. Petitioner NILC has spent nearly two years trying to get information from the

County on the Sheriff Department's collaboration with ICE in enforcing federal immigration laws. In October 2009, NILC submitted two sets of information requests under the Act, regarding the County's participation in the Secure Communities program and the County's process for determining whether to renew its agreement with ICE to participate in the 287(g) program. 15. The request related to the Secure Communities Program was submitted on

October 19, 2009. The Sheriff s Department responded on November 6, 2009, indicating that it was not authorized to provide any of the information requested and denying the request in its entirety. 16. On October 23,2009, NILC also submitted a request for records relating to the On

County's negotiations with ICE regarding whether to renew its 287(g) Agreement.

November 3,2009 the County responded to the request and provided a number of documents related to the County's decision to sign the original agreement with ICE in 2005, while the request in fact sought documents related to the County's decision to renew that agreement in 2009. Separately, the Sheriffs Department responded on November 5, 2009, indicating that it had no responsive records. 17. On December 17, 2010, NILC submitted another request for information under

the Act to the County and the Sheriff s Department, seeking records related to the County's participation in the 287(g) program, following up on the Board of Supervisors' decision to renew the County's agreement with ICE. The Sheriffs Department responded to the request on 5
VERIFIED PETITION FOR WRIT OF MANDATE; COMPLAINT FOR DECLARATORY & INJUNCTIVE RELIEF

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February 2, 2011 by providing a memorandum from the Sheriff to the Board of Supervisors requesting that the Board renew the County's agreement, and statistics regarding the annual total of287(g) immigration interviews and transfers to ICE from 2005-2011. The County references the February 2, 2011 letter in its response to the request at issue in the instant case. C. The Information Request UnderlYing this Petition. 18. On March 30, 2011, petitioners served a request for information upon the

Sheriff's Department, pursuant to the Act. A true and correct copy of petitioners' request is attached hereto as Exhibit 1. 19. The request encompassed three broad categories of information: 1) LASD policies

and procedures relating to its implementation of all ICE access programs within Los Angeles County, including the 287(g) program, the Secure Communities program, and the Criminal Alien program; 2) data and statistical information relating to LASD's implementation of all ICE ACCESS programs; and 3) individual arrest records since 2004. 20. The records sought in the request are critical to all three petitioners' missions of

meanin~fully participating in and contributing their unique perspectives and insights to the public policy debate, described supra, regarding the current, unprecedented form of federal-local collaboration in the area of immigration enforcement. Each petitioner is uniquely positioned to contribute meaningfully to this debate from the perspective of advocating for low-wage immigrants, an extremely vulnerable population, and of ensuring that as a nation we respect our own constitutional principles while engaged in immigration enforcement. To further their respective missions and to participate meaningfully in this debate -a matter of pressing public policy concem for our polity as a whole- it is crucial for petitioners to obtain information related to the County's implementation of the enforcement programs described herein. 21. On May 4,2011 -over a month following petitioners' request for informationThe Sheriff's

the Sheriff's Department responded for the first time to petitioners' request.

Department did not request of petitioners an extension of time, nor did it issue any statement that the records to be reviewed were so voluminous that time beyond the statutory period was required. 6
VERIFIED PETITION FOR WRIT OF MANDATE; COMPLAINT FOR DECLARATORY
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22.

In its minimalistic response, attached hereto as Exhibit 2, the Sheriff s

Department neither produced or identified any new documents in response to petitioners' request. 23. As to the first category of information, LASD policies and procedures relating to

its implementation ofICE ACCESS programs, the Sheriffs Department neither identified nor produced any documents, whether previously produced/identified or not. Upon information and belief, given the significant nature of these programs, documents within this requested category of information exist and are subject to the Act. 24. Only as to a single category of information (overall statistics involving individuals

transferred from LASD to ICE custody pursuant to the collaborative programs) the Sheriffs Department identified responsive documents, albeit previously produced ones. The response referenced documents previously produced on February 2,2011 (see supra). However, these documents are at best only partially responsive to the instant request for statistics, because they relate only to the 287(g) and Criminal Alien Programs, and not to Secure Communities. If it is the case that respondents have no additional statistics relating to Secure Communities, that fact should at the very least be made clear in their response. 25. As to the category of information consisting of arrest records, the Sheriff's

Department offered to make available only "contemporaneous" arrest records, i.e., within the last 30 days, although petitioners requested arrest records since 2004, claiming that only "contemporaneous" arrest records are subject to disclosure under the Act. 26. Other than the claim described in the foregoing paragraph, the Sheriffs

Department identified no exemption, privilege, or exception to the reach of the Act protecting any responsive documents from disclosure in response to petitioners' request. 27. However, as to the majority of the requested categories ofinfonnation for which

the Sheriff's Department did not produce or identify responsive documents, it also stated: "Please contact the United States Immigration and Customs Enforcement." Further, it stated in its

response: "As previously advised in our letter to you dated February 2,2011 [in response to a prior request for information], information obtained or developed as a result of the Memorandum of Agreement (MOA) is under the control ofICE and shall be subject to public disclosure only 7
VERIFIED PETITION FOR WRIT OF MANDATE; COMPLAINT FOR DECLARATORY
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pursuant to the provisions of applicable federal laws, regulations, and executive orders. For further information on how to submit a request to ICE under the Freedom of Information Act, please visit ... [web address]". 28. Section XVIII of the MOA between the County and ICE regarding the County's

participation in the 287(g) program ("Release of Information to the Media and Other Third Parties") provides in relevant part, "Information obtained or developed as a result of this MOA is under the control ofICE and shall be subject to public disclosure only pursuant to the provisions of applicable federa11aws, regulations, and executive orders. Insofar as any documents created by the LACSD contain information developed or obtained as a result of this MOA, such documents shall not be considered public records." 29. Based on the foregoing, and upon reasonable information and belief, the Sheriff's

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Department withheld responsive documents in response to petitioners' request on the strength of Section XVIII of the MOA. Absolutely no authority supports this ground of withholding documents created, kept, or possessed by the Sheriff s Department, from disclosure under the Act. 30. Prior to filing this petition, petitioners, through NDLON Staff Attorney Jessica

Karp, sent another letter to the Sheriff's Department via Federal Express, dated June 3,2011 (Exhibit 3). Ms. Karp requested clarification regarding the ground of withholding responsive documents, and regarding whether, for any given category of information sought, the Sheriff s Department a) possessed no responsive documents; b) possessed no documents it deemed "public records" pursuant to its MOA with ICE; or-c) claimed some other privilege or exemption from the reach ofthe Act. Given the long-standing nature of the request, given the Sheriffs Department's patently insufficient response, and given the urgent need for petitioners to obtain the information given the public discourse and debate surrounding this pressing topic of public concern, Ms. Karp requested clarification along these lines by June 10, 2011. 31. Petitioners never received the clarification they sought. Instead, Ms. Karp

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received a call from an attorney in the County Counsel's office the week after sending the letter, which she returned the same day, informing him that petitioners were now represented by 8
VERIFIED PETITION FOR WRIT OF MANDATE; COMPLAINT FOR DECLARATORY
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undersigned counsel. County Counsel phoned undersigned counsel and she returned the call the same day, but was unable to reach him, and left a message requesting that he call her back. Undersigned counsel never received a call back, despite her request. No representative of County Counsel, the County, or the Sheriffs Department has contacted petitioners or petitioners' counsel again, up to and including the present time. 32. Given the time-sensitive need for petitioners to obtain the requested information,

given the fast-moving and contemporaneous public discourse and political decision-making surrounding this pressing topic of public concern, petitioners now respectfully seek the assistance ofthis Court in obtaining the information. FIRST CAUSE OF ACTION CALIFORNIA CONSTITUTION ARTICLE I, SECTION 3(b) Failure to Provide Writings Concerning the Conduct of the Public's Business 33. Petitioner incorporates the allegations of the preceding paragraphs as though fully

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set forth herein. 34. All the records sought by petitioners in the above-described March 30,2011,

request are public records, i.e., writings related to the conduct of the public's business. 35. Upon information and belief, respondents prepared, retained,or used public

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records that are responsive to petitioners' request. 36. Respondents' failure to provide a "proper response to petitioners' request for

information and to make public records available for inspection, violates Article I, Section 3(b) of the California Constitution, providing, inter alia, that the people have the light of access to records concerning the conduct of the people's business. Respondents' response is deficient as to each and every category of information contained in petitioners' request. 37. Upon reasonable information and belief, especially given the high-profile nature

of the public debate surrounding the immigration enforcement programs that are the focus of petitioners' request for information, respondent Baca specifically authorized, commanded, or caused the deficient response. 38. Despite diligent attempts to obtain the information without resorting to litigation,
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VERIFIED PETITION FOR WRIT OF MANDATE; COMPLAINT FOR DECLARATORY
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respondents have continually failed to provide responsive information or even reasonably clarify their failure to do so, forcing petitioners to retain counsel and file the instant petition, thereby incurring costs of suit and attorneys' fees. 39. Declaratory relief is appropriate to remedy respondents' failure to abide by their

constitutional obligations. SECOND CAUSE OF ACTION GOV. CODE § 6250, et seq.; § 6259 (California Public Records Act) Improper Withholding of Public Records 40. Petitioner incorporates the allegations of the preceding paragraphs as though fully

set forth herein. 41. The records sought by petitioners in the above-described March 30, 2011, request

are public records, i.e., writings related to the conduct of the public's business. 42. Upon information and belief, respondents prepared, retained, or used public

records that are responsive to petitioners' request. 43. Respondents did not respond within the 10:-:_day statutory period to petitioners'

request for information. 44. When respondents did respond, they failed to provide responsive public records

that they prepared, retained, or used. Respondents' response is deficientas to each and every category ofinfonnation 45. contained in petitioners' request.

Respondents failed to provide the ground for withholding the documents. They

claimed no exemption or privilege. Respondents' response is deficient as to each and every category of information contained in petitioners' request. 46. Upon reasonable information and belief, especially given the high-profile nature

of the public debate surrounding the immigration enforcement programs that are the focus of petitioners' request for information, respondent Baca specifically authorized, commanded, or caused the deficient response. 47. Petitioners are members ofthe public and are beneficially interested in the They have a clear, present and substantial right to the relief 10
VERIFIED PETITION FOR WRIT OF MANDATE; COMPLAINT FOR DECLARATORY & INJUNCTIVE RELIEF

outcome of these proceedings.

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sought herein. 48. sought herein. 49. Respondents have a clear, present, ministerial duty to comply with the California Petitioners have no plain, speedy and adequate remedy at law other than that

Constitution and with Gov. Code § 6250, et seq. 50. Despite diligent attempts to obtain the information, respondents have continually

failed to provide responsive information or to reasonably clarify their failure to do so, forcing petitioners to retain counsel and file the instant petition, thereby incurring costs of suit and attorneys' fees.

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VERIFIED PETITION FOR WRIT OF MANDATE; COMPLAINT FOR DECLARATORY & INJUNCTIVE RELIEF

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: June 28, 2011

PRAYER FOR RELIEF WHEREFORE, petitioners respectfully pray for judgment and/or writ of mandate against respondents, and each ofthem, as follows:
1.

That the court issue a peremptory writ of mandate, to Gov. Code § 6259, directing

respondents to make all requested documents available for inspection, within 10 days of this Court's order directing that they do so; or 2. In the alternative, that the court issue an order to show cause why the court should

not issue such writ and thereafter issue a peremptory writ compelling respondents to perform their public duty as set forth above;

3.

For a declaration pursuant that respondents have violated petitioners' rights under

the California Constitution Article I, sec. 3, and Gov. Code § 6250, et seq., by failing to produce the requested documents. 4. 5. 6. For costs of suit incurred herein; For attorneys' fees incurred herein; . For such other relief as this Court deems just and proper.

LAW OFFICE OF SANJUKTAM. By: Attorney for Petitioners/Plaintiffs NATIONAL DAY LABORER NETWORK NATIONAL IMMIGRATION

PAUL

ORGANIZING LAW CENTER

COALITION FOR HUMANE IMMIGRANT RIGHTS OF LOS ANGELES

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VERIFIED PETITION FOR WRIT OF MANDATE; COMPLAINT FOR DECLARATORY & INJUNCTIVE RELIEF

VERIFICATION 2 ..,
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BY NATIONAL

DAY LABORER

ORGANIZING

NETWORK

I, Jessica Karp, hereby declare that I have read the foregoing petition for writ of mandate and complaint, and know its contents. I am a Staff Attorney for the National Day Laborer Organizing Network, one of the petitioners in this action. The facts within this petition are within my knowledge are true, except as to those matters. alleged upon information and belief, and as to those matters, I also believe them to be true. I further declare that Exhibit 3 attached hereto is a tlUe and correct copy of a letter sent by me to the Sheriffs Department of the County of Los Angeles on June 3,2011. I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.

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Executed at Los Angeles, California on.the 28th day ofJune, 2011.

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NDLON VERIFICATION

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VERIFICATION

BY NATIONAL IMMIGRATION

LAW CENTER

I, Melissa Keaney, hereby declare that I have read the foregoing petition for writ of mandate and complaint, and lmow its contents. I am an attorney in the National Immigration Law Center, one of the petitioners in this action. The facts within this petitionare withinmy knowledge are true, except as to those matters alleged upon information and beHef,and asto those matters, I also believe them to be true. I further declare that 1) EXhibit 1 hereto is a true andcorrect copy ofa letter sent by me to the Sheriffs Department of the County of Los Angeles, dated March 30,2011; and 2) EXhibit 2 attached hereto is a true and correct.copy of a.letter received by me from-the Sheriff's Department of the County of Los Angeles" dated May

4,2011.

I declare under penalty of perjury 'under the laws otthe State of California. that the foregoing is

12 true and correct
13 Executed at Los Angeles, Cahfotn,l\i Cl:1.1 t]:Ie28th day o,fTune, 2Ql1,

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Melissa Keaney

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VERIFICATION BY COALITION FOR HUMANE IMMIGRANT RIGIITS OF LOS ANGELES

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3 .4 5 6 7 8 9 I, Carl Bergquist, hereby declare that I have read the foregoing petition for writ of mandate and complaint, and know its contents. I am a Policy Advocate in the Coalition for Humane Immigrant Rights of Los Angeles, one of the petitioners in this action. The facts within this petition are within my knowledge are true, except as to those matters alleged upon information and belief, and as to those matters, I also believe them to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Los Angeles, California on the 28th day of June, 2011.

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Exhibit "1"

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.." NATIONAL IMMIGRATION lAw CENTER www.nilc.org
BOARD OF DIRECTORS

Via Certified Mail March 30,2011 Los Angeles County Sheriffs Department 4700 Ramona Blvd. Monterey Park, CA 91754 RE: Request under the California Public Records Act Please send all documents to the Los Angeles address

Della Bahan Chair Bahan & Associates Muzaffar Chishti Vice Chair . Migration Policy Institute at New York University School of law Cynthia lange Secretary Fragomen, Del Rey, Bemsen & Loewy, llP Lucas Guttentag Treasurer Yale law School

To Whom It May Concern: This is a request for information pursuant to California's Public Records Act, California Government Code §§ 6250 - 6276.48_ This request is made on behalf of the National Day Laborer Organizing Network, the National Immigration Law Center, the Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA), and the ACLU of Southern California. Purpose of Request The purpose of this request is to obtain information for the public about collaboration between the Los Angeles County Sheriff's Department (LACSD) and Immigration and Customs Enforcement (ICE) on matters of fedeml immigrationenforcement, ..The role of the LACSD in immigration ... enforcement has been the subj ect of increasing public controversy in Los Angeles. The controversy echoes a debate on the proper role of local police in immigration enforcement that is taking place across the state and the country. The information requested herein is necessary to ensure that the debate in Los Angeles on this pressing and important issue is an informed one. Your prompt compliance is requested in order to vindicate "the fundamental and necessary right of every person in this state ... [to have] access concerning the conduct of the people's business" as it pertains to this vital matter. Cal. Gov. Code § 5250_ Request We request the following Records.' Unless otherwise indicated, the relevant time period for this request is January 1,2005 through the present.

Richard Boswell University of California Hastings College of law Allen Erenbaum Mayer Brown llP UJia Garcia Maintenance Cooperation Trust Fund Iris Gomez Massachusetts law Reform Institute Emma Leheny California Teachers Association

Organizations listed
for identification purposes only

EXECUTIVE

DIRECTOR

Matlelena

Hincaple

Los ANGELES
HEADQUARTERS

3435 Wilshire Boulevard Suite 2850 Los Angeles, CA 90010 213 639-3900 fax 213 639-3911

A. Polices and Procedures
1 The term "Records" as used herein means "public records" as broadly defined by Cal. Gov. Code § 6252(e), and includes, but is not limited to, correspondence, documents, data, videotapes, audio tapes, DVDs, CDs, faxes, files, e-mails, guidance, guidelines, evaluations, instructions, analyses, memoranda, agreements, notes, order, policies, procedures, protocols, reports, rules, technical manuals, technical specifications, training manuals, and studies.

WASHINGTON,

DC

1444 Eye Street, NW Suite 1110 Washington, DC 20005 202 216-0261 fax 202 216-0266

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LA County Sheriff s Department Page 2 of9

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1) General Records on all ICE ACCESS Programs Policies, operating procedures, rules, internal policy guidance, training materials, and legal opinions or memoranda referencing Secure Communities, the 287(g) Program, the Criminal Alien Program, and/or other ICE ACCESS programs in effect in Los Angeles County.' 2) Secure Communities Records

a. Implementation-Records

regarding the implementation or "activation" of Secure Communities, including' internal communications, communications with ICE and other federal agencies, and communications with state agencies, including the California Department of Justice Bureau of Criminal Identification and Information, referencing such implementation/activation.

b. Inquiry and Response Procedures-Policies, operating procedures, rules, internal policy guidance and training materials regarding Secure Communities' Inquiry and Response Procedures, including the processing of Immigration Alien Responses and IDENT Data Responses." . c. Prioritization-Policies, operating procedures, rules, internal policy guidance, training materials and memoranda referencing enforcement priorities in the Secure Conununities program, including but not limited to the Secure Communities "levels" and "offense categories."

3) 287g Program
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ICE ACCESS Programs are ICE initiatives to collaborate with local law enforcement agencies on matters of federal immigration enforcement. They include: Asset Forfeiture/Equitable Sharing; Border Enforcement Security Task Force (BEST); the Criminal Alien Program; Customs Cross-Designation (Title 19); Document and Benefit Fraud Task Forces; Fugitive Operations; Intellectual Property Rights (rPR) Center; Law Enforcement Support Center (LESe); Operation Community Shield; Operation Firewall; Operation Predator; Rapid REPAT, Secure Communities, and the 287(g) program. See ICE ACCESS at http://www.ice.gov/access/. 3 As used throughout this request, the word "including" means "including, but not limited to." 4 An Immigration Alien Response is ICE's determination of a subject's immigration status. An IDENT data response is a compilation of biographical information on a subject, which is drawn from Department of Homeland Security (DBS) databases. Whenever a fingerprint submitted by LACSD produces a "match" in DRS databases, the FBI should forward an Immigration Alien Response and an IDENT data response to the California Departmentof Justice Bureau of Criminal Identification and Information, which should then forward both to the LACSD. See Secure Communities Standard Operating Procedures at 4-5 [Appendix A]. 5 See id. at 9 (describing levels and offense categories).

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03/30111

a. Renewal-Records regarding the negotiations for and the signing of the renewed 287(g) Memorandum of Agreement (the MOA) between ICE and the County of Los Angeles on October 12, 2010, including internal communications, communications with ICE and other federal agencies, and communications with other state or local agencies regarding the MOA. b. Post-Conviction-Records referencing a requirement that 287(g) deputized officers" conduct immigration interviews on a postconviction basis only. Such records should include any policies, operating procedures, rules, internal policy guidance, and training materials implementing the post-conviction requirement. c. Interview Selection Process-Records related to the selection of individuals for interview by 287(g) deputized officers. Such records should include policies, operating procedures, rules, internal policy guidance, and training materials relating to how individuals are selected for interview. d. Interviews-Records relating to the timing and content of immigration interviews conducted by 287(g) deputized officers,' including guidance for 287(g) deputized officers and policies governing interviews. e. Training Materials-Records provided to LACSD officers through the 287(g) training program, also known as the "Immigration Authority Delegation Program (IADP).,,7 Such Records should include materials provided during the initial training as well as materials provided during later follow-up trainings. f. Program Reviews-Records distributed at review and assessment meetings between the ICE Field Office Director and LACSD personnel, including individual participants' evaluations, media coverage, and statistical information on immigration enforcement activity in the Los Angeles Field Office area of responsibility. 8 g. Prioritization-Records referencing prioritization of certain individuals for interviews under the 287(g) program, including prioritization according to offense levels.
6 "287(g) deputized officer" means any LACSD officer authorized to perform immigration functions pursuant to LA County's 287(g) Memorandum of Agreement. See 287(g) Memorandum of Agreement [Appendix B]. 7 See id. at 17-18 (describing training program). 8 See id. at 9 (mandating and describing program reviews).

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LA County Sheriffs Department Page 4 of9

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h. IDENTIENFORCE Audit-Records related to the review and auditing of entries and records made by LACSD officers in the IDENT/ENFORCE computer system." Such records should include communications between ICE and LACSD regarding errors as well as plans to correct, modify, and prevent the recurrence of errors.

4) Criminal Alien Program (CAP/o
a. Interview Selection Process-Records related to the selection of individuals for immigration interviews under CAP. Such records should include policies, operating procedures, rules, internal policy guidance, and training materials relating to how individuals are selected for interview. b. Interviews-Records related to the timing and content of immigration interviews under CAP.

5) Immigration Detainers'l
a. Records containing guidance, procedures, or standards regarding. responses to and COmpliance or non-compliance with the federal . Form 1-247, "Immigration Detainer - Notice of Action." b. Records containing guidance, procedures, or standards regarding the issuance of immigration detainers by 287(g) deputized officers, including a copy of the immigration detainer form typically issued by 287(g) deputized officers, with any identifying information redacted. c. Records containing guidance, procedures, or standards for notifying detained individuals and their attorneys upon the placement of an immigration detainer. d. Records referencing the impact of immigration detainers on criminal bond procedures or decisions.

See id. at 20 (mandating and describing review and audit process). CAP is an ICE ACCESS Program, see supra note 1, designed to identify, process, and remove "criminal aliens" found in state or local jails. See http://www.ice.goY/criminal-alienprogram/. IJ "Immigration Detainers" include all 1-247 Forms as well as any other requests to hold an individual upon completion of his or her criminal proceedings, or to notify ICE of his or her release, in order that he or she may be transferred to or investigated by ICE.
9

10

LA County Sheriff s Department Page 5 of9

03/30/11

e. Records explaining the process for challenging or lifting an immigration detainer. f A copy of the Form 1-247 Immigration Detainer - Notice of Action form typically received by the LACSD from federal immigration officials, with any identifying information redacted. B. Data and Statistical Information Records containing data or statistics maintained or in the custody of the LACSD relating to the Criminal Alien Program, the 287(g) Program, the Secure Communities Program, and the detention of individuals on Immigration Detainers. Such records should not include documents from individual files, such as 1-213s, 1-862 or 1-247s for specific individuals. Such records should include: 1) Overall Statistics Records that contain data or statistical information on the total number of individuals who received Immigration Detainers andlor were transferred to ICE under the Criminal Alien Program, the 287(g) Program, andlor Secure Communities. These records should be provided in the aggregate as well as by any available sub ... categories. . 2) Immigration AHen Responses (lARs) and IDENT Data Responses (IDRs) Records that contain data or statistical information on Immigration Alien Responses, IDENT Data Responses, and "no match" messages received by LACSD during the period from the activation of Secure Communities through the present, or any sub-period thereof.12 These should also include Records that contain data drawn from such Immigration Alien Responses, IDENT Data Responses, and "no match" messages, including any analysis or breakdown thereof. 3) Form 1-213, Record of Deportable/lnadmissible Alien Records that contain data or statistical information on Form I-213's issued by 287(g) deputized officers from the initiation of LACS D's 287(g) agreement jhrough the present, or any subperiod thereof. These should include data on the number of such forms issued. These should also include any Records that

12 Onder Secure Communities, LACSD should receive Immigration Alien Responses and lDENT data responses whenever an arrestee's fingerprints are run through DRS databases and a match for the fingerprints is found. LACSD should receive "no match" messages whenever no match is found. See supra note 4; Secure Communities Standard Operating Procedures at 4-5.

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LA County Sheriff s Department Page 6 of9

03/30111

contain data drawn from such I-213s, including any analysis or breakdown thereof. 4) Form 1-862, Notice to Appear Records that contain data or statistical information on Form 1-862's issued by 287(g) deputized officers from the initiation of LAS D's 287(g) agreement through the present, or any subperiod thereof. These should include data on the number of such forms issued. These should also include any Records that contain data drawn from such 1-862s, including any analysis or breakdown thereof. 5) Immigration Detainers Records that contain data or statistical information on Form 1-247 Immigration Detainers lodged from January 2005 through the present, or any sub-period thereof. These should include records that contain data on the number of such forms issued. These should also include Records that contain data drawn from such 1-247s, including any analysis or breakdown thereof. 6) Demographic Data Records, including Records contained in LASD'~Automated Justice Information System (AJIS), that contain data or statistical information on the race, nationality, ethnicity, sex, and/or place of birth of: a. Subjects of Form 1-247 Immigration Detainers b. Subjects of Secure Communities Immigration Alien Responses, IDENT data responses, and "no-match" messages c. Individuals selected for interview by 287(g) deputized officers d. Individuals issued Notices to Appear by 287(g) deputized officers e. Individuals selected for interview through the Criminal Alien Program 7) Criminal History Data Records, including Records contained in LACSD's Automated Justice Information System (AJIS), that contain data or statistical information on arresting agencies, arresting charges, booking charges, ultimate disposition of charges, and/or criminal histories of: a. Subjects of Form 1-247 Immigration Detainers b. Subjects of Secure Communities Immigration Alien Responses, IDENT data responses, and "no-match" messages. c. Individuals selected for interview by 287(g) deputized officers d. Individuals selected for interview through the Criminal Alien Program

LA County Sheriff's Department Page 7 of9

03/30/11

8) U.S. Citizens Records referencing any claims of U.S. citizenship by subjects of Immigration Detainers or Secure Communities Immigration Alien Response/IDENT data response "match" messages. 9) Revenue and Expense Information a. Any records related to expenses attributable to the 287(g) program, including: i. Personnel expenses, including salaries and benefits, local transportation, and official issue material. 13 ii. The cost of any necessary cabling and power upgrades, and/or installation and recurring costs associated with communication lines in order to run the program." iii. Any agreements to provide ICE with offices within participating LACSD facilities." b. Any records related to expenses attributable to Secure Communities, including: i. Personnel expenses. ii. The cost of any required technological or communication upgrades to run the program. c. Any records related to expenses attributable to the Criminal Alien Program, including: i. Personnel expenses. ii. Office space or materials provided to assist ICE in implementing CAP. d. Any records related to the cost of holding individuals on immigration detainers who were identified under the programs. e. Any records related to reimbursement from the federal government for the cost of holding individuals on immigration detainers who were identified under the programs. f Any and all State Criminal Alien Assistance Program applications submitted by the LACSD.

C. Individual Records
Pursuant to CaL Gov ..Code § 6254(f), please release individual arrest records, including but not limited to records contained in LACSD's Automated Justice
13 See

287(g) Memorandum of Agreement at 5. id. 15 See id
14 See

LA County Sheriffs Department Page 8 of9

03/30111

Information System, for all individuals who were arrested since 2004, which contain the following information: Arrestee's name, occupation, sex, and race/ethnicity Physical description of arrestee Time and date of arrest Time and date of booking Factual circumstances surrounding arrest f. Location of arrest g. All charges, and whether charges were classified as felonies, misdemeanors or violations. h. Amount of bail 1. Parole or probation holds, including holds on an immigration detainer J. Time and manner of release, including whether the arrestee was transferred to ICE We request that any Records that exist in electronic format be provided in electronic format, We request a fee waiver of all costs. Disclosure of the requested information is in the public interest, because it is likely to contribute significant1y to public understanding of the ongoing collaboration between the LACSD and ICE, an issue of significant public import. The Records requested are not sought for commercial use, and we plan to disseminate all Records disclosed to the general public, If the fee waiver is denied, while reserving our right to appeal such decision, we agree to pay fees up to $100. If you estimate that fees will exceed that limit, please inform us. We look forward to a response within 10 days from receipt of this request as required by California Government Code § 6250(c). If your office claims the right to withhold any Record, or any portion of a Record, please describe with specificity each Record withheld and the claimed reason for the exemption, and please disclose any portions of those Records for which no exemption is claimed. a. b. c. d. e.

/1

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//

/1 II"

LA County Sheriff s Department Page 9 of9

03/30/11

If you have any questions regarding this request, please contact Jessica Karp at 213-380-2785. Thank you in advance for your timely response.

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MJlissa Keany ...

Sincerely, :(1 (,.1

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Loyola Public Interest Fellow National Immigration Law Center

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Jessica KaI'P Staff Attorney National Day Laborer Organizing Network

Exhibit "2"

County of Los Angeles

Sheriff"!; Department Headquarters
4700 Ramona Boulevard Monterey Parle. C-tlifomia.91754-2169 May 4,2011

Melissa Keaney, Loyola public Interest Fellow National Immigration Law Center 3435 Wilshire Boulevard, Suite 2850 Los Angeles, California 900 10 Dear Ms. Keaney: This letter is in response to your request for records under the ·California Public Records Act dated March 30, 2011, and received by the Los Angeles County Sheriff's Department Discovery Unit on April 6,2011, . Inyour request HE:

youare

seeking the following:

January 1, 2005 through the present

1. General Records on all ICE ACCESS Programs Policies, operating procedures, rules, internal policy guidance., training materials; and legal opinions or memoranda referencing Secure Communities, the 287(g) Program, the Criminal Alien Program, and/or other ICE ACCESS proqrarnsln . effect in Los Angeles County. Response A 1: There are no Los Angeles County Sherjffs Department records responsive to your request Please reference the Memorandurn of Agreement, Section X. ICE Supervision, paragraph 4 or contact the United States Immigration and Customs Enforcement. 2. Secure Communities Records

a. Implementation - Records regarding the implementation or "activation" of Secure Communities, including internal communications, with ICE and other federal agencies, and communications with state agencies, including the. California Department of Justice Bureau of Criminal Jdentification and Information, referencing such implementation/activation.

L7! JraciIfioJ2 of c_)eroice
1~~~~~=---------

cSince 10.50

Melissa Keaney

-2-

May 4,2011

b. Inquiry and Response Procedure - Policies, operating procedures, rules, internal policy guidance and training materials regarding Secure Communities Inquiry and Response procedures, including the processing of Immigration Alien Responses and IDENT Data Responses. Response 2a & 2b: There are no Los Angeles County Sheriff's Department records responsive to your request. Please contact the United States Immigration and Customs Enforcement. c. Prioritization - Policies, operating procedures, rules, internal policy guidance, training materials and memoranda referencing enforcement priorities in the , Secure Communities program, including but not limited to the Secure Communities "levels" and "offense categories." Response 2c: There are no Los Angeles County Sheriff's Department records responsive to your request. Please reference the Memorandum of Agreement, Appendix D - SOP Template or contact the United States Immigration and Customs Enforcement. 3. 287g Program a. Renewal- Records regarding the negotiations for and the signing of the renewed 287(g) Memorandum of Agreement (the MOA) between ICE and the County of Los Angeles on October 12, 2010, including internal communications, communications with ICE and other federal agencies, and cornmunlcationswithother state or local agencies regarding the MOA.

Response 3a: There are no Los Angeles County Sheriff's Department records responsive to your request. Please contact the United States Immigration and Customs Enforcement or the County of Los Angeles Office of the County Counsel. b. Post-Conviction - Records referencing a requirement that 287(g) deputized officers conduct immigration interviews on a post-conviction basis only. Such records should include any policies, operating procedures, rules, internal policy guidance, and training materials implementing the post-conviction requirement. Interview Selection process - Records related to the selection of individuals for interview by 287(g) deputized officers. Such records should include any policies, operating procedures, rules, internal policy guidance, and training materials related to how individuals are selected for interview.

c.

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Melissa Keaney

-3-

May 4,2011

d.

Interviews - Records relating to the timing and content of immigration interviews conducted by 287(g) deputized officers, including guidance for 287(g) deputized officers and policies governing interviews.

e. Training Materials - Records provided to LACSD officers through the 287(g) training program, also known as "Immigration Authority Delegation Program (IADP)." Such records should include materials provided during the initial training as well as materials provided during later follow-up trainings. Response 3b - 3e: There are no Los Angeles County Sheriff's Department records responsive to your request. Please contact the United States Immigration and Customs Enforcement.

f. Program Reviews - Records distributed at review and assessment meetings
between the JCE Field Office Director and LACSD personnel, including individual participants' evaluations, media coverage, and statistical information on immigration enforcement activity in the Los Angeles Field Office area of responsibility. Response 3f: There are no Los Angeles County Sheriff's Department records responsive to your request. Please reference the Memorandum of Agreement, Section XVI. Communication, paragraph 1 or contact the United States Immigration and Customs Enforcement. g. Prioritization - Records ref~rE?ncing prioritization of certain individuals for interviews under the 287(g) program, including prioritization according to offense levels. IDENT/ENFORCE Audit - Records related to the review and auditing of entries and records made by LACSSD officers in the IDENT/ENFORCE computer system. Such records should include communications between ICE and LACSD regarding errors as well as plans to correct, modify, and prevent the recurrence of errors.

h.

Response 3g & 3h: There are no Los Angeles County Sheriff's Department records responsive to your request. Please contact the United States Immigration and Customs Enforcement. 4. Criminal Alien Program (CAP) a. Interview Selection Process - Records related to the selection of individuals for immigration interviews under CAP. Such records should include policies, operating procedures, results, internal policy guidance, and training materials relating to how individuals are selected for interview.

Melissa Keaney

-4-

May 4,2011

b.

Interviews - Records related to the timing and content of immigration interviews under CAP.

Response 4a & 4b: There are no Los Angeles County Sheriff's Department records responsive to your request. Please contact the United States Immigration and Customs Enforcement. 5. Immigration Detainers a. Records containing guidance, procedures, or standards regarding responses to and compliance or non-compliance with the federal Form 1-247, "Immigration Detainer- Notice of Action." Records containing gUidance, procedures, or standards regarding the issuance of immigration detainers by 287(g) deputized officers, including a copy of the immigration detainer form typically issued by 287(g) deputized officers, with any identifying information redacted. Records containing guidance, procedures, or standards for notifying detained individuals and their attorneys upon placement of an immigration detainer. Records referencing the impact of immigration detainers on criminal bond procedures or decisions. Recordsexplainingthe detainer. process for chalLenging or lifting an immigration

b.

c.

d.

e.

f. A copy of the Form 1-247 Immigration Detainer - Notice of Action form typically received by the LACSD from federal immigration officials, with any identifying information redacted. Response 5a - 5f: There are no Los Angeles County Sheriff's Department records responsive to your request. Please contact the United States Immigration and Customs Enforcement. B. Data and Statistical Information Records containing data or statistic maintained or in the custody of the LACSD relating to the Criminal Alien Program, the 287(g) Program, the Secure Communities Program, and the detention of individuals on Immigration Detainers. Such records should not include documents from individual files, such as 1-213's, 1-862 or 1-247's for specific individuals. Such records should include:

Melissa Keaney

-5-

May 4,2011

1) Overall Statistics Records that contain data or statistical information on the total number of individuals who received Immigration Detainers and/or were transferred to ICE under the Criminal Alien Program, the 287(g) Program, and/or Secure Communities. These records should be provided in the aggregate as well as by any available sub-categories. Response 1: The Los Angeles County Sheriff's Department Foreign Born Interviews and Federal Custody Line Transfers statistics for January 2005 through January 2011 were provided to you in our letter dated February 2, 2011. There are no other Los Angeles County Sheriff's Department records responsive to this request. Please contact the United States Immigration and Customs Enforcement. 2) Immigration Alien Response (lARs) and IDENT Data Responses (IDRs) Records that contain data or statistical information on Immigration Alien Responses, IDENT Data Responses, and "no match" messages received by LACSD during the period from the activation of Secure Communities through the present, or any subperiod thereof. These should also include Records that contain data drawn from such Immigration Alien Responses, IDENT Data Responses, and "no match" messages, including any analysis or breakdown thereof. 3) Form 1-213, Record of D2eportable/lnadmissible Alien Records that contain data or statistical information on Form 1-213'8 issued by 287(g) deputized officers from the initiation of LACSD's 287(g) agreement through the present, or any subperiod thereof. These should include data on the number of such forms issued. These should also include any Records that contain data drawn .frornsuch 1213's, including any analysis or breakdown thereof. 4) Form 1-862, Notice to Appear Records that contain data or statistical information on Form 1-862's issued by 287(g) deputized officers from the initiation of LASD's 287(g) agreement through the present, or any part thereof. These should include data on the number of such forms issued. These should also include any Records that contain data drawn from such 1-862's, including any analysis or breakdown thereof. 5) Immigration Detainers Records that contain data or statistical information on Form 1-247 immigration Detainers lodged from January 2005 through the present, or any sub-period thereof. These should include records that contain data on the number of such forms issued. These should also include any Records that contain data drawn from such 1-247's, including any analysis or breakdown thereof.

- - ---- -

-_

----- --- - - ------ --- -~--

-------_

.. _--_._--

Melissa Keaney

- 6-

May 4,2011

6) Demographic Data Records, including Records contained in LASD's Automated Justice Information System (AJIS), that contain data or statistical information on the race, nationality, ethnicity, sex, and/or place of birth of: a. Subjects of Form 1-247 Immigration Detainers b. Subjects of Secure Communities immigration Alien Responses, IDENT data responses, and "no match" messages c. Individuals selected for interview by 287(g) deputized officers d. Individuals issued Notices to Appear by 287(g) deputized officers e. Individuals selected for interview through the Criminal Alien Program 7) Criminal History Data Records, including Records contained in LACSD's Automated Justice Information System (AJIS), that contain data or statistical information on arresting agencies, arresting charges, booking c;harges, ultimate disposition of charges, and/or criminal histories of: a. Subjects of Form 1-247 Immigration Detainers b. Subjects of Secure Communities immigration Alien Responses, IDENT data responses, and "no match" messages c. Individuals selected for interview by 287(g) deputized officers d. Individuals selected for interview through the Criminal Alien Program 8) U. S. Citizens ...Records referencing any claims of U. S. citizenship by subjects of Immigration Detainers or Secure Gommllnitieslmmigration Alien ResPQnseJIQE;NT data response "match" messages. Response 2 - 8: There are no Los Angeles County Sheriffs Department records responsive to your request. Please contact the United States Immigration and Customs Enforcement. 9) Revenue and Expense information a. Any records related to expenses attributed to the 287(g) program, including: L Personnel expenses, including salaries and benefits, local transportation, and official issue material. ii. The cost of any necessary cabling and power upgrades, and/or installation and recurring costs associated with communication lines in order to run the program. iii. Any agreements to provide ICE with offices within participating LACSD facilities. b. Any records related to expenses attributable to Secure Communities, including: i. Personnel expenses. ii. The cost of any required technological or communication upgrades to run the program.

L

I

_
----------~-------~-.~----------~------~------

----

Melissa Keaney

-7-

May4,2011
· ..... :

Response 9a & 9b: There are no Los Angeles County Sheriff's Department records responsive to your request. Please reference the Memorandum of Agreement, Section IX. Cost & Expenditures or contact the United States Immigration and Customs Enforcement. c. Any records related to expenses attributable to the Criminal Alien Program, including: i. Personnel expenses. ii. Office Space or materials provided to assist ICE In implementing CAP. d. Any records related to the cost of holding individuals on immigration detainers who were identified under the programs. e. Any records related to reimbursement from the federal government for the cost of holding individuals on immigration detainers who were identified under the programs. f. Any and all State Criminal Alien Assistance Program applications submitted" by the LACSD. " Response 9c - 9f: There are no Los Angeles County Sheriff's Department records responsive to your request. Please contact the United States Immigration and Customs Enforcement. C. Individual Records Pursuant to Cal. Gov. Code § 6254(f), please release individual arrest records, including but notlimitecl t9 records contained in LACSD's Automated Justice Information System, for all individuals who were arrested since "2(j04, which contain the following infQrmg'tign: a. Arrestee's name, occupation, sex, and/race/ethnicity b. Physical description of arrestee c. Time and date of arrest d. Time and date of booking e. Factual circumstances surrounding arrest f. Location of arrest g. AI! charges, and whether charges were classified as felonies, misdemeanors or violations. h. Amount of bail i. Parole or probation holds, including holds on an immigration detainer j. Time and manner of release, including whether the arrestee was transferred to ICE Response C: We consider requests for arrest information occurring 30 days from date of request to be contemporaneous. In the case of County of Los Angeles v. Superior Court (Kusar), the court ruled that the PRA, Government Code section 6254{f) (1) and (2), authorizes disclosure only of "contemporaneous" information.

1

/

1

"I

----

~

---- ---

----. ---_._

Melissa Keaney

-8-

May 4,2011

As previously advised In our letter to you dated February 2, 2011, information obtained or developed as a result of the Memorandum of Agreement (MOA) is under the control of ICE and shall be subject to public disclosure only pursuant to the provisions of applicable federal laws, regulations, and executive orders. For further information on how to submit a request to ICE under the Freedom of Information Act, please visit www.ice.gov/aboutllegal.htm#foia. In accordance with Government Code § 54985, the cost for reproduction of these arrest records IS $0.75 per order, $5;00 per Compact Disc, and $0.03 per page for a total of $ 5.75. Please make your check payable to LASD and mail it to: Risk Management Bureau - Discovery Unit at 4900 S. Eastern Avenue, Commerce, California 90040. Upon receipt of your payment, we will forward the Compact Disc to you. If you have any questions, please contact Kelll M. Love of the Discovery Unit at (323) 890-5003. Sincerely, LEROY

!

D. SACA, SHERIFF

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Exhibit "3"

'National Day. Laborer Organizing Network
JR.ed Na(cR.oJmall de JOJFflalleJt.""o§
675 S. Park View 51.. Ste 8 Los Angeles, CA 90057 www.ndlon.org Tel. (213) 380-2783 Fax (213) 353-1344

June 3, 2011

Sheriff Lee Baca clo Lieutenant Judy A. Gerhardt Risk Management Bureau Los Angeles County Sheriff s Department 4700 Ramona Blvd. Monterey Park, CA 91754 Dear SheriffBaca and Lt. Gerhardt: We are in receipt of your letter of May 4, 2011 ("Letter") regarding the request for information under the Public Records Act ("the Act") made by the National Day Laborer Organizing Network, the National Immigration Law Center, the Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA) and the ACLU of Southern California. I write on behalf of all parties to the request. With regard to the majority of our requests for information, your Letter repeats the blanket statement that "there are no Los Angeles County Sheriff's Department records responsive to your request." You also state in your Letter that "information obtained or developed as a result of the Memorandum of Agreement (MOA) is under the control ofICE and .shall be subject to public disclosure only pursuant . to the provisions of applicable federal laws, regulations, and executive orders." Although you do not explain further, we infer that you are referring to Section Xvlllof your 287(g) Memorandum of Agreement with ICE, which states that "information obtained or developed as a result. of this MOA is under the control ofICE and shall be subject to public disclosure only pursuant to the provisions of applicable federal laws; regulations, and executive orders," and that "[i]nsofar as any document created by the LACSD contain information developed or obtained as a result of this MOA, such documents shall not be considered public records." If you were not referring to the 287(g) MOA, please respond in writing to clarify the MOA to which you refer. Given your response, it is impossible for us to determine, for any given category of information, whether a) no documents exist that fit that description; or, rather b) documents exist, but you claim that those documents are exclusively under the control ofICE (or you otherwise deem that they do not constitute public records pursuant to·your MOA with ICE). As you might expect, we do not hold the view that the LASD can avoid the purposes and requirements of the Public Records Act by contractual fiat in concert with another government agency. Nevertheless, the purpose of this letter is not to dispute that point. Instead, at a minimum, under the Act we are entitled to know whether documents exist responsive to a request, or whether instead you contend that a given category of documents is under the control of ICE and that you cannot produce it to us for that reason.
----

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__ __ __ __ __ ._._-----_.
.. . ._.

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The Public Records Act requests for information at issue were sent to you over two months ago now. As you have already reviewed them and responded, we presume you have determined the status of any documents responsive to each request. Therefore, we ask that you provide us with a meaningful response no later than close of business on Friday, June 10. Do not hesitate to contact me to discuss. You can reach me at 213-380-2785 or jkarp@ndlon.ol'g. Thank you in advance for your anticipated courtesy and cooperation.

Q7~
~es~~c/Karp (~ Staff Attorney National Day Laborer Organizing Network

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ATTACH.MENT: May4, 2011 Letter inRes:gonseto Regu""e"",s"'-,t
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County of Los Angeles
He(ftHdqu~fteIif5
4700 RtIJ!lOIIfl Boulevard Monterey Park, California 91754-2169

!$heli'iffv5 Department

May 4,2011

Melissa Keaney, Loyola Public Interest Fellow National Immigration Law Center 3435 Wilshire Boulevard, Suite 2850 Los Angeles, California 90010 Dear Ms. Keaney: This letter is in response to your request for records under the California Public Records Act dated March 30, 2011, and received by the Los Angeles County Sheriffs Department Discovery Unit on April 6, 2011. In your request you are seeking the following: RE: January 1, 2005 through the present

!

A. Policies and Procedures
1. General Records on all ICE ACCESS Programs Policies, operating procedures, rules, internal policy guidance, training materials, and legal opinions or memoranda referencing Secure Communities, the 287(g) Program, the Criminal Alien Program, and/or other ICE ACCESS programs in effect in Los Angeles County. Response At: There are no Los Angeles County Sheriffs Department records responsive to your request. Please reference the Memorandum of Agreement, Section X. ICE Supervision, paragraph 4 or contact the United States Immigration and Customs Enforcement. 2. Secure Communities Records a. Implementation - Records regarding the implementation or "activation" of Secure Communities, including internal communications, with ICE and other federal agencies, and communications with state agencies, including the California Department of Justice Bureau of Criminal Identification and Information, referencing such implementation/activation,
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Melissa Keaney

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May 4,2011

b. Inquiry and Response Procedure - Policies, operating procedures, rules, internal policy guidance and training materials regarding Secure Communities Inquiry and Response procedures, including the processing of Immigration Alien Responses and !DENT Data Responses. Response 2a & 2b: There are no Los Angeles County Sheriff's Department records responsive to your request. Please contact the United States Immigration and Customs Enforcement. c. Prioritization - Policies, operating procedures, rules, internal policy guidance, training materials and memoranda referencing enforcement priorities in the Secure Communities program, including but not limited to the Secure Communities "levels" and "offense categories." Response 2c: There are no Los Angeles County Sheriff's Department records responsive to your request. Please reference the Memorandum of Agreement, Appendix D - SOP Template or contact the United States Immigration and Customs Enforcement. . 3. 287g Program a. Renewal - Records regarding the negotiations for and the signing of the renewed 287(g) Memorandum of Agreement (the MOA) between ICE and the County of Los Angeles on October 12, 2010, including internal communications, communications with ICE and other federal agencies, and communicEltions with Qther ~tt:lte QI IgcElIt:l9~DQi~§mggrc:iiog th~MQA _ Response 3a: There are no Los Angeles County Sheriff's Department records responsive to your request. Please contact the United States Immigration and Customs Enforcement or the County of Los Angeles Office of the County Counsel. b. Post-Conviction - Records referencing a requirement that 287(g) deputized officers conduct immigration interviews on a post-conviction basis only. Such records should include any policies, operating procedures, rules, internal policy guidance, and training materials implementing the post-convlcilon requirement. c. Interview Selection process - Records related to the selection of individuals for interview by 287(g) deputized officers. Such records should include any policies, operating procedures, rules, internal policy guidance, and training materials related to how individuals are selected for tntervlew.

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---~---~-------------------------

-

-----------------------------------

Melissa Keaney d.

May4,2011

Interviews - Records relating to the timing and content of immigration interviews conducted by 287(g) deputized officers, including guidance for 287(g) deputized officers and policies governing interviews.

e. Training Materials - Records provided to LACSD officers through the 287(g) training program, also known as "Immigration Authority Delegation Program (IADP)." Such records should include materials provided during the initial training as well as materials provided during later follow-up trainings. Response 3b - 3e: There are no Los Angeles County Sheriff's Department records responsive to your request. Please contact the United States Immigration and Customs Enforcement. f. Program Reviews - Records distributed at review and assessment meetings between the ICE Field Office Director and LACSD personnel, including individual participants' evaluations, media coverage, and statistical information on immigration enforcement activity in the Los Angeles Field Office area of responsibility. Response 3f: There are no Los Angeles County Sheriffs Department records responsive to your request. Please reference the Memorandum of Agreement, Section XVI. Communication, paragraph 1 or contact the United States Immigration and Customs Enforcement. g. Prioritization - Records referencing prioritization of certain individuals for interviews under the 287(g) program, including prioritization according to offense levels. .... .. . ... h. lDENT/ENFORCE Audit - Records related to the review and auditing of entries and records made by LACSSD officers in the IDENT/ENFORCE computer system. Such records should include communications between ICE and LACSD regarding errors as well as plans to correct, modify, and prevent the recurrence of errors. Response 3g & 3h: There are no Los Angeles County Sheriff'S Department records responsive to your request Please contact the United States Immigration and Customs Enforcement. 4. Criminal Alien Program (CAP) a. Interview Selection Process - Records related to the selection of individuals for immigration interviews under CAP. Such records should include policies, operating procedures, results, internal policy guidance, and training materials relating to how individuals are selected for interview.

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May 4,2011

b. Interviews - Records related to the timing and content of immigration interviews under CAP. Response 4a & 4b: There are no Los Angeles County Sheriff's Department records responsive to your request. Please contact the United States Immigration and Customs Enforcement. 5. Immigration Detainers a. Records containing guidance, procedures, or standards regarding responses to and compliance or non-compliance with the federal Form 1-247, "Immigration Detainer - Notice of Action."

b. Records containing guidance, procedures, or standards regarding the issuance of immigration detainers by 287(g) deputized officers, including a
copy of the immigration detainer form typically issued by 287(g) deputized officers, with any identifying information redacted. c. Records containing guidance, procedures, or standards for notifying detained individuals and their attorneys upon placement of an immigration detainer. d. Records referencing the impact of immigration detainers on criminal bond procedures or decisions. e. Records explaining the process for challenging or liftingan immigration

detainer.
f. A copy of the Form 1-247 Immigration Detainer - Notice of Action form typically received by the LACSD from federal immigration officials, with any identifying information redacted. Response 5a - 5f: There are no Los Angeles County Sheriffs Department records responsive to your request. Please contact the United States Immigration and Customs Enforcement B. Data and Statistical Information Records containing data or statistic maintained or in the custody of the LACSD relating to the Criminal Alien Program, the 287(g} Program, the Secure Communities Program, and the detention of individuals on Immigration Detainers. Such records should not include documents from individual files, such as 1-213's, 1-862 or 1-247's for specific individuals. Such records should include:

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Melissa Keaney

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May 4,2011

1) Overall Statistics Records that contain data or statistical information on the total number of individuals who received Immigration Detainers and/or were transferred to ICE under the Criniinal Alien Program, the 287{g) Program, and/or Secure Communities. These records should be provided in the aggregate as well as by any available SUb-categories. Response 1: The Los Angeles County Sheriffs Department Foreign Born Interviews and Federal Custody Line Transfers statistics for January 2005 through January 2011 were provided to you in our letter dated February 2, 2011. There are no other Los Angeles County Sheriff's Department records responsive to this request. Please contact the United States Immigration and Customs Enforcement. 2) Immigration Alien Response (lARs) and IDENT Data Responses (lDRs) Records that contain data or statistical information on Immigration Alien Responses, IDENT Data Responses, and "no match" messages received by LACSO during the period from the activation of Secure Communities through the present, or any subperiod thereof. These should also include Records that contain data drawn from such Immigration Alien Responses, IDENT Data Responses, and "no match" messages, Including any analysis or breakdown thereof. 3) Form 1·213, Record of D2eportable/lnadmissible Alien Records that contain data or statistical information on Form 1-213's issued by 287(g) deputized officers from the initiation of LACS D's 287(g) agreement through the present, or any subpsrlod thereof. These should include data on the number of such forms issued. These should also include any Records that contain data drawn from such 1213's, including any analysis or breakdownthereof. 4) Form 1-862, Notice to Appear Records that contain data or statistical information on Form 1-862's issued by 287(g) deputized officers from the initiation of LAS D's 287(g} agreement through the present, or any part thereof. These should include data on the number of such forms issued. These should also include any Records that contain data drawn from such l-862's, including any analysis or breakdown thereof. 5) Immigration Detainers Records that contain data or statistical information on Form 1-247 immigration Detainers lodged from January 2005 through the present, or any sub-period thereof. These should include records that contain data on the number of such forms issued. These should also include any Records that contain data drawn from such 1-247's, including any analysis or breakdown thereof.

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May 4,2011

6) Demographic Data Records, including Records contained in LASD's Automated Justice Information System (AJIS), that contain data or statistical information on the race, nationality, ethnlclty, sex, and/or place of birth of: a. Subjects of Form 1-247 lmmigration Detainers b. Subjects of Secure Communities immigration Alien Responses, IDENT data responses, and "no match" messages c. Individuals selected for interview by 287(g) deputized officers d. Individuals issued Notices to Appear by 287(g) deputized officers e. Individuals selected for interview through the Criminal Alien Program 7) Criminal History Data Records, including Records contained in LACSD's Automated Justice Information System (AJIS). that contain data or statistical information on arresting agencies, arresting charges, booking charges, ultimate disposition of charges, and/or criminal histories of: . a. Subjects of Form 1-247 Immigratiqn Oetainers b. Subjects of Secure Communities immigration Alien Responses, IDENT data responses. and "no match" messages c. Individuals selected for interview by 287(g) deputized officers d. Individuals selected for interview through the Criminal Alien Program

8) U. S. Citizens
Records referencing any claims of U. S. citizenship by subjects of Immigration Detainers or SeGl.. ~ m Q()mmunities ImmigraUon Alien Response/IDENT data response "match" messages. Response 2 ~8: There are no Los Angeles County Sheriffs Department records responsive to your request. Please contact the United States Immigration and Customs Enforcement. 9) Revenue and Expense information a. Any records related to expenses attributed to the 287(g) program, including: i. Personnel expenses, including salaries and benefits, local transportation, and official issue material. ii. The cost of any necessary cabling and power upgrades, and/or installation and recurring costs associated with communication lines in order to run the program. iii. Any agreements to provide ICE with offices within participating LACSD facilities. b. Any records related to expenses attributable to Secure Communities, including: l. Personnel expenses. ii. The cost of any required technological or communication upgrades to run the program.

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May 4, 2011

Response 9a & 9b: There are no los Angeles County Sheriff's Department records responsive to your request. Please reference the Memorandum of Agreement, Section IX. Cost & Expenditures or contact the United States Immigration and Customs Enforcement.

c. Any records related to expenses attributable to the Criminal Alien Program,
including: i, Personnel.expenses. it Office Space or materials provided to assist ICE in implementing CAP. d. Any records related to the cost of holding individuals on immigration detainers who were identified under the programs. e. Any records related to reimbursement from the federal government for the cost of holding individuals on immigration detainers who were identified under the programs. f. Any and all State Criminal Alien Assistance Program applications submitted. by the LACSD. Response 9c - 9f: There are no Los Angeles County Sheriffs Department records responsive to your request. Please contact the United States Immigration and Customs Enforcement. C. Individual Records Pursuant to Cal. Gov. Code § 6254(f), please release individual arrest records, including but not limited to records contained in LACSD's Automated Justice Information System, for 911individuals who were arrested since 2004, which contain the following information: a. Arrestee's name, occupation, sex, and/racefethnicity b. Physical description of arrestee c. Time and date of arrest d. Time and date of booking e. Factual circumstances surrounding arrest f. Locatlon of arrest . g. All charges, and whether charges were classified as felonies, misdemeanors or violations. h. Amount of bail i. Parole or probation holds, including holds on an immigration detainer j. Time and manner of release, including whether the arrestee was transferred to ICE Response C: We consider requests for arrest information occurring 30 days from date of request to be contemporaneous. In the case of County of Los Angeles v. Superior Court (Kusar), the court ruled that the PRA, Government Code section 6254(f) (1) and (2), authorizes disclosure only of "contemporaneous" information.

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May 4,2011

As previously advised in our letter to you dated February 2, 201 i, information obtained or developed as a result of the Memorandum of Agreement (MOA) is under the control of ICE and shall be subject to public disclosure only pursuant to the provlsions of applicable federal laws, requlations, and executive orders. For further information on how to submit a request to ICE under the Freedom of Information Act, please visit www.ice.gov/abouU!egal.htm#foia.

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In accordance with Government Code § 54985, the cost foneproduction of these arrest records is $0.75 per order, $5.00 per Compact Disc, and $0.03 per page for a total of $ 5.75. Please make your check payable to LASD and mail it to: Risk Management Bureau - Discovery Unit at 4900 S. Eastern Avenue, Commerce, California 90040. Upon receipt of your payment, we will forward the Compact Disc to you.
If you have any questions, please contact Kelli M. Love of the Discovery Unit at (323) 890-5003. Sincerely, LEROY

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D. BACA, SHERIFF

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