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From: Greenberg, Randi L

Sent: Monday, May 17, 2010 5:55 PM

To: Rocha, Richard A

Subject: RE: bingo

Hmmmm…nope, not on board yet. The article below does state it will start “next month”

Tentatively scheduled for June 1. Also interesting is that Mayor Newsome’s offices contacted DHS

Intergovernmental Affairs and asked if SF could opt-out. Strange that the article states Mayor Newsome

has no issues with the initiative.

Randi Greenberg

(b)(6), (b)(7)(C)

From: Rocha, Richard A

Sent: Monday, May 17, 2010 3:09 PM

To: Greenberg, Randi L

Subject: FW: bingo

Is San Fran on?

I thought they weren’t yet …

Richard Rocha

Deputy Press Secretary

U.S. Immigration and Customs Enforcement (ICE)

(b)(6), (b)(7)(C)

From: Dilanian, Ken (b)(6), (b)(7)(C)


Sent: Monday, May 17, 2010 3:02 PM

To: 'Rocha, Richard A'

Subject: RE: bingo

Hey, this says San Fran is onboard. Can you confirm that, please?

The San Francisco Chronicle (California)

May 7, 2010 Friday

FINAL Edition

Newsom OK with new policy on fingerprints;

IMMIGRATION

BYLINE: Rachel Gordon and Demian Bulwa, Chronicle Staff Writers

SECTION: Metro; Pg. C1

LENGTH: 573 words

12/23/2010

ICE FOIA 10-2674.0007222


Mayor Gavin Newsom's administration expressed no reservations Thursday over a new

national fingerprinting program that critics say could undermine San Francisco's sanctuary

city policy.

The federal Secure Communities program, which launched in 2008, is being phased in

nationwide. It effectively takes away the ability of local officials to decide which suspects

booked into jail should be brought to the attention of the U.S. Immigration and Customs

Enforcement agency.

Next month it will start in San Francisco. In the Bay Area, Alameda, Contra Costa, Solano

and Sonoma counties recently implemented the program, but report they've seen few

changes.

"Sanctuary city policies were never meant to protect criminal behavior," said Newsom

spokesman Tony Winnicker. "At the end of the day, federal officials should enforce

immigration laws. We report. We don't deport."

Currently, the San Francisco County Sheriff's Department only reports felony suspects

whose immigration status can't be verified to ICE.

Next month electronic fingerprints of suspects already sent to state justice departments for

criminal background checks automatically will be forwarded to federal immigration

authorities.

Jeff Adachi, San Francisco's elected public defender, said he is troubled by the prospect

that people booked for even minor offenses could be swept into the federal immigration

system.

"If we begin deporting everyone ... you run the risk of creating a situation that undermines

our ... sense of treating people fairly and due process," Adachi said.

The program's goal is to deport all those who are eligible. However, resources are limited,

and priority will be given to violent and serious offenders, said Randi Greenberg, the chief of

outreach for the Secure Communities program.

That doesn't mean the reach won't be expanded later, said Supervisor David Campos, who

entered the United States illegally as a teen and later became a citizen.

"I don't know if anyone knows all the ramifications of this until it goes into full effect," he

said.

Secure Communities officials said Thursday that the program has been a boon for public

safety while costing local law enforcement officers little in time and money and removing the

potential for allegations of racial profiling.

From October to March, more than 1.9 million digital fingerprints were submitted to Secure

Communities. The prints, ICE officials said, were compared to a database containing more

than 100 million people who had past contact with immigration authorities.

Some 212,000 matches were made, leading to 56,000 immigration arrests or holds. The

program is likely to lead to more deportations.

In fiscal 2008, 114,415 people with past convictions were removed nationwide, and this year

authorities are on a pace to deport more than 150,000 such people, records show.

The program so far has made few waves in the Bay Area. Alameda County jail just joined the

program on April 22.

Sheriff's Lt. Jim Farr in Alameda County said he has seen few changes. On Thursday he had

155 inmates with immigration holds, a number that he said had not changed significantly.

The Sonoma County jail joined the program on March 2. That month, ICE said, the jail

submitted 1,780 fingerprints, leading to 185 matches - including 14 who were either

arrested, or convicted in the past, for a serious or violent crime.

Immigration agents then arrested or put a hold on 68 people, and 29 have already been

deported.

From: Dilanian, Ken

Sent: Monday, May 17, 2010 11:51 AM

To: 'Rocha, Richard A'

Subject: RE: bingo

12/23/2010

ICE FOIA 10-2674.0007223


Looks like LA had extra motivation…

Los Angeles Times

May 12, 2009 Tuesday

Home Edition

CALIFORNIA;

Slain youth's family is suing Sheriff's Dept.;

The suit alleges the agency was negligent in releasing the

suspect who allegedly killed Jamiel Shaw II.

BYLINE: Victoria Kim

SECTION: MAIN NEWS; Metro Desk; Part A; Pg. 3

LENGTH: 565 words

The family of slain high school football star Jamiel Shaw II is suing the Los Angeles County

Sheriff's Department, alleging that the department was negligent in releasing Shaw's

suspected killer from prison despite his illegal-immigrant status.

The lawsuit, filed Friday in Los Angeles County Superior Court, names Sheriff Lee Baca as a

defendant and alleges that he "knew or should have known that they were releasing a

convicted felon and illegal alien with an extensive history of gang violence into the Los

Angeles community to perpetrate killings against African Americans."

Shaw, 17, a running back who was recruited by Stanford and Rutgers universities, was

gunned down in March 2008. Prosecutors allege that Pedro Espinoza, a reputed member of

the 18th Street gang who was in the United States illegally, killed Shaw. Espinoza, 19, had

been released from jail a day before the shooting, after serving time for an earlier offense.

Sheriff's spokesman Steve Whitmore said he would not comment on the details of the lawsuit

because the department had not received it.

"It's obvious this young man's death is a tragedy," he said. "We will do our part in telling the

whole story."

Shaw's death led to the proposal of Jamiel's Law, a controversial ballot initiative that would

have allowed police to arrest illegal-immigrant gang members for being in the country

illegally.

The petition failed to get enough signatures to qualify for the May ballot.

The lawsuit also alleges wrongful death, civil rights violations and a violation of the U.S.

Immigration and Nationality Act, which empowers local police agencies to enforce

immigration law.

"We think that [Shaw's death] could have been avoided, had they simply made use of the

resources they had," said Wesley Profit, an attorney representing Shaw's family. "It's not as

if [Espinoza] was new to the system. . . . He's been in the system since he was a juvenile."

Some immigration law experts said the lawsuit was proposing an unprecedented legal

theory in arguing that a sheriff or warden could be held liable for releasing an illegal

immigrant who goes on to commit a violent crime.

Immigration and criminal law attorney Peter Schey said he did not think that the

Immigration and Nationality Act was intended to hold local agencies responsible for

enforcing immigration law.

"That would be an enormous, complex and extremely onerous requirement to place on every

police department," said Schey, who is also the executive director of the Center for Human

Rights and Constitutional Law. "It would be virtually impossible to enforce."

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ICE FOIA 10-2674.0007224


Whitmore said at the time of Espinoza's release that the Sheriff's Department screened only

inmates with prior criminal records or those who told deputies that they were foreign born.

Espinoza slipped under the radar because he claimed to be born in the United States and only

had a juvenile record, according to Whitmore.

Beginning in October of last year, partly due to Shaw's killing, the Sheriff's Department

began screening all known gang members for immigration status, Whitmore said. In recent

weeks, a new federal program known as "Secure Communities" began allowing sheriff's

officials to search a larger immigration database to identify those who are illegally in the

country, he said.

Espinoza was ordered by a judge last June to stand trial in Shaw's slaying. He remains in

custody.

--

From: Rocha, Richard A [ (b)(6), (b)(7)(C)

Sent: Monday, May 17, 2010 11:48 AM

To: Dilanian, Ken

Subject: RE: bingo

They don’t have agreements with ICE … they might with the State ID bureaus.

The police can arrest and fingerprint .. but so do the sheriffs one someone’s booked in.

In some instances, police won’t fingerprint and only the sheriff’s office will if that’s where detainees are held.

Richard Rocha

Deputy Press Secretary

U.S. Immigration and Customs Enforcement (ICE)

(b)(6), (b)(7)(C)

From: Dilanian, Ken (b)(6), (b)(7)(C)


Sent: Monday, May 17, 2010 11:44 AM

To: 'Rocha, Richard A'

Subject: RE: bingo

Yes, but the PDs fingerprint when they arrest, don’t they? Do they have agreements?

From: Rocha, Richard A [ (b)(6), (b)(7)(C)

Sent: Monday, May 17, 2010 11:43 AM

To: (b)(6), (b)(7)(C)

Subject: RE: bingo

I would go first to the Illinois State ID bureau – that’s who the agreements are with.

The counties (since they typically have the jails) are the ones who are finger printing in most instances.

Does that help?

Richard Rocha

Deputy Press Secretary

U.S. Immigration and Customs Enforcement (ICE)

12/23/2010

ICE FOIA 10-2674.0007225


(b)(6), (b)(7)(C)

From: Dilanian, Ken (b)(6), (b)(7)(C)


Sent: Monday, May 17, 2010 11:38 AM

To: 'Rocha, Richard A'

Subject: RE: bingo

Yeah. Hey, I just talked to the LA Sheriff’s guy, and he said he thought most of the information is being

transmitted upon arrest by the PDs. And he thought it was a city by city decision to participate. So should I be

asking these questions of the Chicago and LA PDs, or the county jails? Who are the agreements with?

From: Rocha, Richard A [mailto:richard.rocha@dhs.gov]

Sent: Monday, May 17, 2010 11:21 AM

To: Dilanian, Ken

Subject: RE: bingo

That was quick!

Richard Rocha

Deputy Press Secretary

U.S. Immigration and Customs Enforcement (ICE)

(b)(6), (b)(7)(C)

From: Dilanian, Ken (b)(6), (b)(7)(C)


Sent: Monday, May 17, 2010 10:58 AM

To: 'Rocha, Richard A'

Subject: bingo

Passing buck on immigration cost teen's life

CHICAGO TRIBUNE Tuesday, July 10, 2007

Prosecutors allege that Mwenda Murithi was a leader in the Imperial Gangsters and on the evening of June 25 he gave the

order to shoot at a rival gang, killing 13-year-old Schanna Gayden, an innocent bystander.

Murithi, 26, was charged with first-degree murder along with the alleged gunman, Tony Serrano, 19.

The question at trial will be whether there is proof beyond a reasonable doubt that Murithi is guilty of that charge.

The question I have, though, is why Murithi was in the country at all that night.

U.S. Immigration and Customs Enforcement records show he emigrated from Kenya on a student visa at the end of 1999 to

study civil engineering at the University of Wisconsin at Platteville. That visa was valid as long as he continued his studies.

When he dropped out of U.W.-Platteville before the 2002-03 school year began, he was no longer legally in the United States.

ICE, which now operates under the umbrella of the U.S. Department of Homeland Security, formally terminated Murithi's visa

Feb. 12, 2003, said Carl Rusnok, central-region spokesman for the immigration agency.

He became not just an uninvited guest in this country but a most unwelcome one: Chicago police records show Murithi was

arrested 27 times from June 2003 until his arrest in connection with Schanna's slaying on a Northwest Side school playground.

The charges weren't horrible -- mostly possession of cocaine, possession of marijuana, obstruction of traffic, drinking alcohol

on a public way and other offenses commonly associated with the career of drug-dealing gang-bangers. Police said four of the

charges were felonies; the Cook County state's attorney's office said Murithi had two misdemeanor convictions, one of which

resulted in 30 days in jail this spring.

But still. It's disquieting that anyone with that kind of track record for trouble spent so little time behind bars. And it's

outrageous that Murithi was still in the United States June 25, more than four years after he became an illegal immigrant and

began racking up arrests.

There's a good debate about whether honest, hardworking immigrants should be allowed to stay if their only crime is related to

their immigration status. But there's no debate, at least in my mind, when it comes to criminal illegal immigrants.

Murithi should have gone straight from jail this spring into federal detention and then back to Kenya.

"If he was charged and did time, how come ICE wasn't notified so they could detain him?" asked Brian Perryman, former head

12/23/2010

ICE FOIA 10-2674.0007226


of the Chicago office of what is now ICE. "Why wasn't he taken into custody after he served his sentence? And if ICE wasn't

notified, why not? That's a big mistake."

Not us! said the Chicago Police Department. "We don't ever ask about immigration status," said spokeswoman Monique Bond.

"We leave that up to the courts."

Not us! said the Cook County state's attorney's office. "We don't check," said spokesman John Gorman. "That's for [ICE] to do.

We're not involved."

Not us! said ICE. "Law enforcement agencies can contact our Law Enforcement Support Center for timely and accurate

information" 24 hours a day, Rusnok said. If "the person who is being inquired about is subject to removal, [ICE] can place a

detainer with the Police Department ordering the department to hold the person ... to allow ICE officials to take the person into

custody and begin removal proceedings."

ICE has employees who screen cases for immigration violations at the Criminal Courts Building, but they are on duty only

during business hours, Rusnok said. He said security regulations prevented him from saying how many agency employees

there are to check the immigration status of all those charged or convicted of serious crimes in Cook County.

Not enough, though, clearly. Schanna Gayden paid for this joint abdication of responsibility with her life.

Next time the anti-violence protesters take to the streets, here's an extra chant for them to direct to the mayor, the state's

attorney and immigration officials:

"Throw the bums out!"

Ken Dilanian

National Security Correspondent

Los Angeles Times/Chicago Tribune Washington Bureau

1090 Vermont Avenue NW, Suite 200E, Washington, DC 20005

(b)(6), (b)(7)(C)

12/23/2010

ICE FOIA 10-2674.0007227