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Ottumwa Police Department

330 West Second Street
Ottumwa, Iowa 5250 1
Telephone 641 -683· '~'.R
Fax 641-683-4584

May 10,2007

Assistant Secretary Julie Myers

u.s. Immigration and Customs Enforcement
425 I Street N.W., Room 7100
Washington, D.C. 20536

RE ·. Request For 287(g) Delegation of Authority

Dear Assistant Secretary Myers,

As you are aware, Congress passed the Illegal Immigration Reform and Immigrant
Responsibility Act in 1996. TI1e Act includes Section 287(g), which allows the U.S. Department
of Homeland Security to enter into agreements with state and local law enforcement agencies to
perform certain immigration la\v enforcement duties, provided the local officers receive
appropriate training and function un.d~r p1esnpervision of U.S . Immigration and Custom
Enforcement (ICE) officers. The pnrp.ose of the 287(g). Program is to.j:lelp
. local law enforcement
deal with illegal aliens involved in violent criminal activity, gangs, qf drl:-'E trafficking by
authorizing them to conduct immigratio~ irives~igatjons and then .initiat,e deponation proceedings
against violators. .

In February of this year, the Ottumwa City Council passed a resolution that supports our police
department's participation io' lt he.287(g) Program and authorizesthe Mayor· and, myself to enter
into a Memorandum of Understanding with the U.S. Department of Homeland Security. After
receiving a legal opinion that participation in the program does not violate Iowa law, we are now
ready to proceed. Therefore, on behalf of the City of Ottumwa and the Ottumwa Police
Department, r hereby request authorization from the U.S. Department of Homeland Security to
participate in the 287(g) Delegation of Authority Program and obtain the necessary training.

As part of our request, I propose the following:

• The Ottumwa Police Department will utilize the 287(g) Program to help deal with illegal
aliens involved in violent crimes, gang/organized crime activity" ,human smuggling.
sexual-related offenses', drug trafficking/dealing, or other serious· crimes by removing
them from our community. Police officers assigned or who may be assigned to patrol or
investigatiye duties wi II be se1ec.t,e8. f~.r ,t,ra.ini9-g and, ppop re~urQ..' will be .designat~~as
Identi fiyation Review Offil3~rs (IRQ).. )¥heJ?- a. p,ersoI1 .ha~ ,,t:te.d~ ,se~iq]ls or vioient
crime, such as sexual a~·saul~ :or ~,rug 9~~IiH~,( ~i~1, !TI.,\Y ,by ~n..utt~Q.~u~en~ed alieI1J ,t~e
IRO will. be contacted 'ar;t.d·jt;JWati7; WJ.)~~~s4·gatJop. , .UpOTlH0m,l?~~tion 9.~~e .;,
investigation, appr.opria):e ?ction .wiIL~e..t~k~b if!ge p~rion :if, ~~termined to be; ~n illegal
alien .
• The Ottumwa Police Department will send two or more certified police officers
(depending on cost of training, lodging, travel, etc .) for Delegation of Authority training.
Each officer will be a U.S . citizen, have a minimum of two years experience on the police
department, successfully complete an extensive background check, and have no
disciplinary action pending.

• The Ottumwa Police Department's point of contact will be:

iChief of Police
Ottumwa Police Department
330 West Second Street
Ottumwa, Iowa 52501
Phone: (641 )683 - ,....~
FAX: (641)683-4584

Please contact me at your earliest convenience if! can answer any additional questions you may
have . I look forward to receiving your endorsement for our request and developing a mutually
agreeable Memorandum of Understanding.


Chief of Pol ice

Ottumwa Police Department

U.S. Department or Homelalld Security

425 I S!reel., NW
Washington, DC 20536

U.S. Immigration
and Customs


Chief of Police
330 West .:>ec'ona


Thank you for your interest in the Delegation of Authority program. letter is to
notifY you that Office of the Secretary for Immigration and
for for

On June 4, the Program for 287(g) Delegation of Authority at

Headquarters forwarded your participation in the 287(g) program to
Agent in (SAC), and the Operations Director (FOD) for the SAC
FOD S1. Paul areas of responsibility The SAC FOD, along with a
your staff will to conduct a ........... J assessment study. After completion,
J .........

assessment Headquarters and a will be

accept or the program.

Should you information concerning the status of your request to participate

program) your focal ICE contact is Group (GS) • • • • • .
can be at 952-853- Thank you for your in the ICE
Delegation Program.
Office ofState and Local Coordination

u.s. Department of Homeland

425 I Street, NW
Washington, DC 20536

u.s. Immigration
and Customs

Ottumwa Police Department

330 West Second Street
Ottumwa, Iowa 52501

I appreciate the opportunity to speak with you recently on the phone and thank you for
your continued interest in the u.S. Immigration and Customs Enforcement (ICE) 287(g)
Delegation of Authority program, which cross-designates state and local officers to
enforce immigration law as authorized by the Immigration and Nationality Act.

Per our discussion, ICE is unable to support your agency's request for 287(g) Delegation
of Authority training at this time. ICE will continue to work with your agency to seek a
mutually beneficial resolution for the specific issues facing your community through the
options available in the ICE ACCESS program.

At my request, senior field representatives from the Office of Investigations and the
Office of Detention and Removal Operations will continue to meet and work with you to
assess your particular local needs and see what other ICE initiatives might be available
for use in your area.

ICE recognizes we have a shared public safety mission with local law enforcement and
we look forward to working with you to improve on this mission. Combining Federal,
state, and local resources has proven successful in safeguarding the public and we want to
build on that success by responding to the law enforcement communities that seek ICE
assistance. Please feel free to call me if you have any questions.


Sheriff (ret.) Jim Pendergraph

Executive Director
Office of State and Local Coordination