Dear Chief Summers,

This letter is to notify you that Julie .J... Myers, Assistant Secretaly fot" U$. ttt of
Homd . ~~ (DRS), Imqli~an4 Customs Enforeement(lCE) .~
for2S' . efegation of Autheiity Tr~tig tOr the Herndon Police O· • ....., . . 1». The
letter also ;Serves as a notice of intent to neaotiate an MOA between the DHsnCE and NPD.

DH8IICE is looking forward to the partftebhip and the Sllccess of this joint ~ the 281(g)
program has produced some very ..,00 successes in other locations and I have no doubt it will be
successful in the State of Virginia (VA). (bX7'j~
The local ICE points of contact are Sell~or'Svecial .. $Upervi$Qry
Detentioa and :Qeportation Officer ovm:eeUte ~1(a)
program for ICE Herndon, V andSOOO
~bereaehed

~)(7)~)
 TOWN OF HERNDON
Steve J. DeBenedittis, Mayor
Dennis D. Husch. Vice Mayor
HERNDON POLICE
Connie Haines Hutchinson
David A. Kirby
Harlon Reece
William B. Tirrell. Sf. l006 SEP 35 Ff'1 12 52 Toussaint E. Summers, Jr.
Chief of Police
Charlie D. Waddell
October 2. 2006

The Honorable Julie Myers

Assistant Secretary
US Immigration and Customs Enforcement
425 I Street, Room 7000
Washington, DC 20535

Dear Secretary Myers:

I am writing to request participation in the Delegation of Authority Program pursuant to 287 (g) of the
Immigration and Naturalization Act. Given our past relationship with Immigration and Customs Enforcement
(ICE). this partnership will enable us to better serve the citizens of the Town of Herndon, Virginia.

I have been in contact with your office in Fairfax, Virginia. Special Agent in Charge Mark X.
McGraw has been very helpful. If admitted into this program, and upon a signed Memorandum of Agreement:

• ICE will provide officers within the Herndon Police Department with the knowledge, skill, and ability
of an ICE agent to identify, apprehend, and detain under ICE supervision dangerous illegal aliens who
have committed serious crimes and are subject to deportation.
" ICE will provide training as prescribed under the 287g program for the Herndon Police detective
assigned to the Northern Virginia Regional Gang Task Force and other Police officers. all of whom
have more than two years experience and have passed a security hackhTfOund check acceptable to ICE,
• The Herndon Police Department would be willing to host the training at a facility in the Herndon area
where instructors can utilize computer training aids, videos or other materials as needed.

Your endorsement will allow the Herndon Poli~e to enter into a Memorandum of Agreement that will
enable us to participate with ICE in identifying, apprehending, and detaining criminal illegal aliens who posc a
public safety risk to the citizens of Herndon. It is my intcnt and request that the Agreement advance the goals
of the Herndon Town Council as set out in Resolution 06-G-109, adopted September 26, 2006, a copy of
which is enclosed.

I look forward 10 your endorsement of this request and moving forward with this program. I can be
contacted a~Q03) 435-6841 should vou have ,lfiLquestions.

Sincerely Yours.

~~ Toussaint E. Summers, Jr., C

Attachment
~ ~
\:.E' A Virginia State and Nationally Accredited Law Enforcement Agency ,l~~,
(703) 435-6841 397 Herndon Parkway, Herndon, Virginia 20170-3647 FAX (703) 437-4516
 TOWN OF HERNDON, VIRGINIA

RESOLUTION

SEPTEMBER 26,2006

Resolution- A resolution determining to seek federal Immigration and Customs Enforcement

agency training for certain Town police officers so that they may perform certain
functions of an immigration officer; and directing the Town Manager to contact
Immigration and Customs Enforcement to apply for this training and to negotiate
and conclude a Memorandum of Agreement.

BE IT RESOLVED by the Council for the Town of Herndon that

1. 1be Town Council determines to apply for training of certain Town of lIerndon
police officers under 8 U.S.c. § 1357(g) so that these officers may perform
certain functions of a federal immigration officer in relation to investigation,
apprehension, or detention of criminal illegal aliens in or about the Town of
Herndon.

2. The Mayor or Town Manager is authorized and directed immediately on behalf

of the Town to apply to Immigration and Customs Enforcement (ICE) for this
training and to negotiate and conclude at a staff level a Memorandum of
Understanding (MOA) with ICE in this regard. This draft MOA will address
among other things functional areas for which Town training and operations
under the MOA will be directed such as document fraud, gang crimes, drug
crimes, or human smuggling; cost of the progranl for the Town; supervision by
and communication with ICE with respect to the program; liability and
immunity of the Town police officers and ICE personnel; complaint procedures;
and preservation of traditional Town police functions and duties, in addition to
other consistent terms agreed to by the Town Manager or the Mayor. The
MOA shall be on such form as may be approved by the Town Attorney.

3. The Town Manager shall expeditiously conclude the draft MOA with ICE and
shall then at once submit the legal instrument to the Town Council for public
consideration and action.

4. The Mayor or Town Manager is authorized to execute and deliver any other
legal instrument necessary or convenient to evidence or carry out any MOA
approved by the Town Council.

5. This resolution shall be effective on and after the date of its adoption.

This is cet1ified to be a true and accurate copy of R~solutiuil 06-G-109 adopted at a

legally convened meeting of the Town Council of the Town of Herndon on September 26, 2006.

( ) UMJ..WY.luStNw..s .
- Viki L. WeJlershaus, Town Clerk

06-G-109
 ~. ofInvestigations

u~s. Department of Homeland Security

425 I Street. NW
Washington. DC 20536

U.S. Immigration
and Customs
Enforcement

DEC 1 3 2C06

The O'Reilly Law Firm

761 - C Monroe 8t.
8uite200
Herndon, VA 20170

Dear Mr. O'Reilly:

Thank you for expressing your concerns regarding the 287(g) Delegation of Authority for the Herndon
Police Department.

Let me assure you that U.S. Immigration and Customs Enforcement takes deliberate steps to ensure that
proper procedures are followed when entering into a Memorandwn of Agreement (MOA) with a st~e
or a political sub-division of a state. .

ICE has established a very rigorous training program,. as a means of ensuring, that state/local officers
granted authority under 287(g) perform those duties in a professional manner. The 287(g) state/local
training program mirrors that of ICE's Immigration Enforcement Officer training course and is taught by
instructors from the Federal Law Enforcement Training Center. In addition, ICE continues to supervise
all certified state and local law enforcement officers when they exercise their immigration authorities.
In short, the use of287(g) is a flexible and controlled force multiplier for ICE in its effort to protect the
nation.
-~.-

I appreciate your interest in the ICE 287(g) Delegation of Authority Program. Please feel free to direct
any additional questions or concerns to my attention.

Sincerely,

-II¢tJ/iA
Marcy M. Foreman
Director
Office of Investigations
 THE O'REILLY LAW FIRM
761-C Monroe Street, Suite 200
Herndoll, Virginia 20170

Michal'! L. ( ),Reilly
Telephol1e: (7(nl) 766-1991
Nml<"yJ. O'Reilly
Margaret A. ( >'Reilly· November 2, 2006 Fax: (70R) 761i-1995
• :\I~(J ",huill<"d ill :'>.1 .." .. dlll,,'II>
www.()RLawiirm.(·oll1

The Honorable Julie Myers

Assistant Secretary
U.S. Immigration and Customs Enforcement
425 I Street, Room 7000
Washington, DC 20535

Re: Town of Herndon, VA 287 (g) Request

Dear Secretary Myers:

I recently received a copy of the 287 (g) request dated October 2,2006. Herndon Police
Chief Toussaint Summers made the request upon instructions from the newly elected Town
Council. I was both surprised and disappointed by the request. Having served on the Town
Council from 2000 to 2004 and having served as Mayor from 2004 until June 2006, I have a
pretty good understanding of the town's police and community needs. In short, Herndon does not
need the 287 (g) program, the majority of citizens either don't understand or oppose the program
and Herndon does not have the resources to successfully implement the program.

In the Council Resolution authorizing the Chief to request the 287 (g) program, the
Council indicates the training would be for only the most serious offenses such as gang crimes,
drug crimes or human smUggling. However, violent crime is down 26% in the last 4 years. We
have very little violent or Class A crimes. In those rare events when we do, our police
department is capable of communicating directly with BICE as the need arises. Federal resources
are just a few miles away at Dulles or less than 25 miles away in Washington DC. We participate
in the Northern Virginia Regional Gang Task Force, which has its headquarters here in Herndon.
In addition, Chief Summers was the lead officer of the Task Force. When the task Force has a
need for immigration services, they work cooperatively with BICB. There in no real need for our
officers to obtain the training since the resources are readily available and are currently being
wli2led."

Many citizens spoke about the 287 (g) program at a recent public hearing. The sentiment
among some was that it would allow our officers to "sweep the streets." Others argued against
any limitation on the training. The newly elected council made it clear that it would only be
implemented for serious crimes, yet many of our citizens did not or refused to hear. Our
community was already elevated to the national spotlight by many anti-immigrant groups.
National organizations like the Minutemen and F.A.I.R. continue to use our Town to promote
their anti-immigrant agendas. Our citizens deserve better.

Our Town has 55 sworn officers. We have no jail. We utilize Fairfax County's jail and
courts. No arrangements have been made with Fairfax County for the holding of detainees. In
fact, Fairfax has indicated they do not want to participate in the program. Not only would we
have no place to put detainees, we have no infonnation about who would pay for the housing of
detainees.

Finally, if approved, the 287 (g) program would be a major issue in our Town election in
May, 2008. The current request is merely a political maneuver by this Council to appease the
vocal anti-immigrant minority in our community and is being pushed by the National
organizations mentioned above. If, as I believe, the majority of our citizens don't want the
program, the current Council will not be re-elected. The newly elected 2008 Council would
cancel the program on July 1, 2008. All of the funds, effort and training will be for no purpose.

Immigration has been and continues to be a very volatile political issue in our
community. I respectfully request that the United States Government not enter our debate by
training our police department to fulfill Federal responsibilities. Please do not offer the Herndon
Police the requested training.

I am happy to offer any further assistance or information that you might request.

Sincerely,

THE O'REILLY LAW FIRM

B~9~-----