Otfce of Enforcement and Removal Operations Boston Field Office US. Department of Homeland Security 10 New England Executive Park Burlington, MA 01803 US. Immigration and Customs Enforcement Mr. Salvador G, Sarmiento MAY 06 2015 Director, Legislative Affairs National Day Laborer Organizing Network 1419 V Street NW, Suite 305 Washington, DC 20009 Dear Mr. Sarmiento: Thank you for your March 11, 2015 email to U.S. Immigration and Customs Enforcement (ICE) regarding the Priority Enforcement Program (PEP). Inhis November 20, 2014 memorandum entitled Secure Communities, Secretary Johnson articulated that PEP will continue to rely on fingerprint-based biometric data submitted during bookings by state and local law enforcement agencies (LEAS). However, PEP significantly narrows the circumstances under which the Department of Homeland Security (DHS) and ICE will seek transfer of an individual in the custody of state and local law enforcement. Below are the major differences between Secure Communities and PEP. * PEP will focus on those individuals who pose a national security or public safety risk, including felons, aggravated felons, significant misdemeanants, recidivist misdemeanants, and gang members. * With limited exceptions, transfers pursuant to PEP will be limited to those individuals with criminal convictions. + Under PEP, ICE may request that an LEA notify ICE prior to releasing a priority criminal alien. This process will not request, nor authorize, an LEA to detain the individual beyond the time in which they would ordinarily be released. Like detainers under Secure Communities, requests for notification will be voluntary. * Under PEP, ICE will only issue detainers where ICE has probable cause that the subject is a removable alien. When a person in a correctional facility is determined to be an alien subject to removal from the United States, an ICE detainer is placed at that institution so that ICE may be contacted ‘when his or her sentence is complete. A detainer notifies a detention facility that an individual will be remanded to ICE custody after he or she has completed his or her current sentence. At that time, ICE reviews the immigration status and acts accordingly on its findings. As noted in your letter, ICE recently concluded its sixth national Operation Cross Check initiative. All of the criminal aliens targeted in this operation fell within the top two priorities established by the Secretary. Priority | focuses on individuals who pose a threat to nationalMr. Salvador G. Sarmiento Page 2 security, criminal street gang members, convicted felons, and aggravated felons, while Priority 2 focuses on individuals who have convictions for three or more misdemeanors or convictions for significant misdemeanors. With regard to your concems over tracking, transparency in communications, and enforcement oversight, DHS and ICE remain committed to building effective relationships with our state and local law enforcement partners, and Secretary Johnson continues to conduct extensive outreach with many agencies and professional associations to further strengthen these bonds. PEP will be implemented in a way that supports community policing and public safety, and the Boston Field Office will be meeting with state and local law enforcement leadership to identify mutually beneficial processes to ensure that dangerous criminal aliens are not released back into our communities, In addition, DHS and ICE take accusations of racial profiling very seriously and recognize the need to support community policing and maintain community trust. The Secretary directed that DHS, pursuant to a plan developed by its Office for Civil Rights and Civil Liberties, ‘monitor enforcement activities, including through the collection and analysis of data, to detect inappropriate use to support or engage in biased policing, and to establish effective remedial ‘measures to stop any such misuses. With regard to a Freedom of Information Act (FOIA) request submitted to ICE on March 6, 2015, the ICE FOIA Office has received it and is currently working on responding to your Tequest. If you would like to check the status of your request please email ice-foia@dhs.gov. ‘Thank you again for your email. Should you need additional assistance, please do not hesitate to contact me at (781) 359-7500 Sincerely, '. Gallagher Field Office Director, Boston