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713 718 3415

01,36 : 2008 14:05 FAX 713 718 3413 US ATTORNEY SDTX Z001:002

U.S. Department of Justice


United States Attorney
Southern District of Texas


9)0 Tau Street. 111500
Phone ( 7 1 1) 567.3000
Pe:r (Vice 8o:6112P Pox (713) 7'$-1500
Houston. TCAIIS 77208

September 30, 2006

Mr. Harold L. Hurtt


Chief of Police
Houston Police Department
1200 Travis
Houston., Texas 77002

Dear Chief Hurtt:

We are writing in respons e to your decision to revise your practices for sharing information
with federal law enforcement concerning suspected illegal inuriigrants. Theses changes will allow
the Houston Police Department to accept and honor immigration detainers (1-247) related to foreign
nationals who were previously deported for felony crimes as well as aliens who have failed to appear
after being ordered removed.

These foreign national aliens may be encountered during routine law enforcement work and
identified in the National Crime Information Center (NCIC) as previously deported aggravated felons
or aliens who failed to depart following issuance of a final order of removal. These aliens are subject
to criminal prosecution pursuant to Title 8 United States Code 1326 or Title 8 United States Code
1253. The United States Attorney's Office in Houston, Texas, and the Houston office of
Immigration and Customs Enforcement (ICE) have been interested for some time in having such
cases referred so that the cases may be prosecuted where appropriate. We appreciate your assistance
in accepting and honoring criminal detainers filed with the Houston Police Department under these
specific circumstances.

Typically, detainers filed under these provisions are submitted by the ICE Law Enforcement
Support Center (LESC) in Williston, Vermont. Consistent with NCIC requirements, direct contact
with that office is available 24 hours a day, 7 days a week.

Section 8 CFR 287.7(d) and (e) provides regulations related to temporary detention at the
request of local law enforcement agencies. The Houston Field Office for ICE will respond to all
detainers filed under the above-referenced regulations within 24 hours.

Furthermore, undocumented aliens are prohibited from possessing firearms and can be
charged federally with a felony pursuant to Title 18, United States Code, Section 922(g)(5). A
conviction for this felony carries a sentence of up to ten years imprisonment and is considered an
aggravated felony under the Immigration and Nationality Act. Upon release from prison, these aliens
are subject tr► 313TIlinistrative removal and are not entitled to a bearing before an bnnugration Judge.
-,
0930:2006 14:06 FAX 713 718 3415 US ATTORNEY WE( Z002,002

Mr. Harold L Hurtt


Chief of Police
September 30, 2006
Page 2

Should the alien return to the United States illegally, he could be prosecuted for illegal reentry after
deportation and subject to a sentence of up to twenty years. The Harris County District Attorney's
Office has agreed to refer these prosecutions to our office and I would ask that you make your
officers aware of this initiative.

The United States Attorney's Office and Immigration and Customs Enforcement appreciates
the assistance of the Houston Police Department and looks forward to continued cooperation in our
crime fighting efforts to make our community a safe place to live and raise our families.

Sincerely,

Donald T. DeQabrielle, Jr.


United States Attorney

Robert P. Rutt
Special Agent In Charge
Immigration and Customs Enforcement