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fort &m.

ith Police Departmenl

100 60uth tOU'

UC1toDI~r 1,

Ms. Julie L. Myers, Assistant Secretary

Immigration and Customs Enforcement
I NW'Room 7000
Washington, DC 20536

Immigration & Nationality Act, Section 287(g)

Dear Assistant Secretary Myers:

I am writing to request consideration for participation in of Authority

Program pursuant to Section 287(g) of the Immigration Nationality Act. This
partnership will enable us to better serve and meet the n=~"rI"" of our citizens in the City
of Fort Smith, Arkansas.

At a recent meeting with the Fort Smith Mayor, of Directors, and City
Administration, elected City officials directed the department to pursue
participation in the Delegation of AuthOrity program. 1 in this program has been
prompted by an influx of immigrants into the City, of whom are believed to be
here illegally.

The City of Fort Smith strives to provide world and a high quality of life
for our citizens. Through adoption of a Maintenance Code, nuisance
abatement enforcement, and the delivery of law enforcement services, we
implementation ofthe Delegation of Authority program with local Immigration and
4.>,..."" ....,''': as a partnership that will effectively address
concerns of our immigration here in the City of Fort

Fort Smith elected department's

Delegation of Authority program, Arkansas Representatives
Congressman John Boozman lend their support.
with the local ICE office and r\.V'''''-I'l;;I'r Agent in Charge
solid foundation for the Delegation Authority ....,.. . . "".. 0 ......
Sebastian County, City of Fort Smith will commit appropriate resources
to insure the success of program's implementation. To facilitate the training
component of the program, I would like to extend an invitation to ICE officials to
conduct the training required under the 287( g) program here in Fort Smith, Arkansas.
I urge your favorable consideration for this request and anxiously await your response.

Sincerely yours,

Chief of POlice

Cc: The Honorable Blanche lincoln, United State Senate

The Honorable Mark Pryor, United States Senate
The Honorable John Boozman, United States House of Representatives
Mr. Bob United States Attorney, Western District of Arkansas
Resident Agent in Charge, ICE
Baker, Mayor, City of Fort Smith
Board of Directors, City of Fort Smith
Mr. Randy Reed, Administrator, City of Fort Smith
Office o/lnvesligaJions
U.S. Department of HomeJand Security
4251 Street.. NW
Washington, DC 20536

OCT 2 4 2007 U.S. Immigration

and Customs

ort ce partment
100 South 10 Street
Fort Smith, Arkansas 72901


Thank you for your interest in the 287(g) Delegation of Authority program. The 287(g)
Program Management Office (PMO) and the Office of the Assistant Secretary for U. S.
Immigration and Customs Enforcement (ICE) are in receipt of your request for training for the
Fort Smith Police Department.

On October 24,2007, the 287(g) PMO at ICE Headquarters forwarded your request to the
Special Agent in Charge SAC New Orleans, and the Field Office Director (FOD) of Detention
and Removal Operations, FOD New Orleans. Local representatives from these two divisions
will be in contact with you soon to conduct a preliminary assessment and determine whether
the 287(g) program is the appropriate application to address your local law enforcement

The local ICE point of contact regarding the 287(g) program is ASSlS"lan Special Agent in
Charge (ASAC) who can be reached at 504~3

Investigative Services Division

and Local Coordination

of Homeland

425 I Street, NW
Wasihin~tton, DC 20536


u.s. Immigration
and Customs

United States Immigration and

Customs Enforcement
Office of State & Local Coordination

Needs Assessment
Fort Smith Police Department
Qlflce 0/ fnvesligalions
ll.8. Departmellt of Homeland Security
.1250 Poydras Street. Suite 2200
New Orleans. LA 70 II)

u.s. Immigration
and Customs
JAN 22



SUBJECT: l'i-\;;I~ut:::;l for Delegation of Authority Training

Fort Smith Departm€mt, Fort Smith, Arkansas

This office is in of a of Authority Training

(b~=:i;i~~~Smith Police Assistant Special Agent in Charge
made preliminary contact with and discussed the program in great
detail. already about the 287(g)
authority. indicated that he was Board of
Directors (BOD) to request the program as they have a large Hispanic alien in the
ot'",,,u'''Fort AR area. and talked at some the
limitations of the authority and especially regarding the fact that were in no way
autholrizf,d under this authority. the fact that it appears that this is the reason the Fort Smith BOD
",,,y,t,,,,rI the Fort Smith Police Department, was comfortable t~;I(I.I)(c)
authority and that he would insure that his officers ex(~rcised
del{lgatl~d alltho!rity in IUdlCl()US manner.

Following Fort formal request for 287(g) authority, in

Charge met with further discuss his request and also to
conduct the required survey. As done in previous discussions with
(b)• • •lptai~,ed the current level with the ICE to
office and indicated that the two routinely worke:d tc'get.her
including illegal alien issues, gangs, and child porno~sra,)hy investiigat:ionB.
advised that the RAC/Fort Smith agents were very to for assistance from his
Ho'we"er. he felt that the 287(g) officers would be
mutually beneficial to both his agency and to ICE. The scope, purpose and limitations of the
<lllthnt·it" were thoroughly discussed, including the time and financial COlnrrlitrnerlts.

advised that the Fort BOD had authorized additional law enforcement po~ntJ()ns
training. The Fort Smith Police Department is reqilles1ting
mCluae four (4) patrol officers, two (2) cm or criminallu V V;:) L,I/:SCl.LlUI I;:'
officel's/dete!cthres, and one public affairs officer officer). Additionally,
Page 2

that the Fort Smith Police Department has a training room available for the cross training and could
accommodate up to 30 students.

The Resident Agent in Charge, Fort Smith, AR (RAClFort Smith) is located in Fort Smith and has a total
area of responsibility covering 22 counties, virtually the western half of the state of Arkansas. The
RAC/F ort Smith is comprised of one (I) supervisory resident agent in charge, four (4) 1811 special
agents, and one (1) mission support specialist. Additionally, three (3) 1811 special agents are
residentially located in the RAlFayetteville, AR office which is located approximately 60 miles north of
Fort Smith. One of the 1811 special agents in the RAIFayetteville is currently acting as the supervisor
(temporary promotion) over the Northwest Arkansas 287(g) ICAT Task Force (NW AR Task-Force)
which has been operational since late September 2007. Two additional 1811 special agents from the
SAClNew Orleans AOR have been TDY'ed to the RAlFayetteville to support the NW AR Task Force
since October 2007. While the NW AR Task Force has been quite productive, its success has not gone
without significant adverse impact to other operations in the RAlFayettevilie and RAC/ Fort Smith offices
due to inadequate permanent staffing for the NW AR Task Force, specifically the lack of a permanently
assigned full-time supervisor and additional FTE 1811 special agent support. A request to add these
positions is currently pending consideration in ICE Headquarters. Additionally, it should be noted that
the supervisory resident agent in charge for the Fort Smith office is currently awaiting funding for a
directed PCS transfer to ICE Headquarters Worksite Enforcement Division.

Detention and Removal currently has one Deportation Officer, three IEA's and one DRA assigned to the
RAClFort Smith and are awaiting the EOD of one SDDO. However, the DRO personnel assigned to the
RAC/Ft. Smith perform full time duties under the DRO CAP for their area of responsibility.

This office would concur with extending the 287(g) immigration authority to the Fort Smith Police
Department only if the following conditions could be met. First and foremost, the request currently
pending in ICE Headquarters to add a supervisory 1811 FTE and two (2) 1811 special agent FTE's to the
RAlFayetteville to support the NW AR Task Force should be approved prior to the expansion of any
additional 287(g) programs in RAClFort Smith's area of responsibility. Additionally, the supervisory
resident in charge position in the RAClFort Smith office should be expeditiously filled when the current
RAC's PCS transfer to ICE Headquarters is finalized. Furthermore, ICE Headquarters should authorize
the addition of one (1) 1811 special agent FTE for the RAClFort Smith to support the OJT and long-term
support of the Fort Smith Police Department's 287(g) operations so that other ICE investigations being
conducted by the RAe/Fort Smith will not be adversely impacted.

If you should have questions or require further information regarding this matter, please contact Assistant
Special Agent in Charge at (504) 3(bI~tI.I')('C)

Approved: _ _ _ _ _ _ _ _ _ __

Modify: _ _ _ _ _ _ _ _ _ __ Needs More Discussion:- - - - - - -

fort 6mith Police Department
100 oouLh 10th 8lrect
forl 8mith, Arkansas 72901
Phone: (479) 785-4221
fax: (479) 783-2356

DEC 18 2008
December 05, 2008

John P. Torres, Acting Assistant Secretary

US Immigration and Customs Enforcement
425 I Street NW Room 7000
Washington, DC 20536

RE: ACCESS Program) Immigration & Nationality Section 287(g)

Dear Assistant Secretary Torres'

I am writing to re-submit my request for consideration for participation in the Delegation of

Authority program pursuant to Section 287(g) of the Immigration and Nationality Act. I
sincerely believe this partnership will enable the police department to better serve and meet the
needs and expectations of our citizens in the City of Fort Smith, Arkansas.

I received a letter of declination from William Riley, Acting Executive Director for the Office
of State and Local Coordination, dated November 18, 2008 and citing an inability for ICE to
support my agency's "request for 287(g) Delegation of Authority training at this time."

As stated in my original letter requesting consideration for participation in the Delegation of

Authority program dated October 1, 2007, I have received direction from the City of Fort
Smith's elected Board of Directors to pursue this portion of the ACCESS program. I would
like to reiterate that the City is prepared to commit appropriate resources to insure the success
of this program's implementation and to host the training that is required under the 287(g)

I urge you to reconsider our request and anxiously await your response.


Chief of Police
Office a/Slafe and Local CoordinatioYl

ll.S. Department ()f Homeland Securily

500 ! 2th Street., S W
Washington, DC 20536


Fort Smith Police Department

100 South I Om Street
Smith, Arkansas 7290 I JAN 1 2 2009

you for your letter eXl>rei)SUU! interest in the 287(g) Authority

nl"r\~!ln"loffered by the Customs Enforcement the
of Homeland

the Department of Homeland (DHS\ ICE is

ensuring public
customs laws across the more
miles that make up our recognizes, however, that we
of ensuring public safety with over 775,000 state and local law
addresses this joint is building partnerships with state
agencies (LEAs), To partnerships and work more
counterparts, in 2007 launched the comprehensive Agreements of
Communities to Enhance and Security (ACCESS) program.

ICE ACCESS serves to state and local LEAs like yours an opportunity to partner with
ICE to specifically the immigration and customs enforcement challenges of their
communities, To this, ICE ACCESS offers an umbrella of and programs to
assist local LEAs with enforcement issues. The 287(g) program that your letter
referenced is only one component. Other programs that fall within purview of ICE
ACCESS Cross-Designation (Title 19), and Benefit Fraud Task
Center (LESC), Shield, the
Operations, more
"'H'~'V;>v"" a copy of the

It is through and efforts such as that between

and local taw and ICE can developed. Federal. state, and
local resources in safeguarding the public. I have requested that the local
ICE ACCESS liaisons coordinate with you to determine which ACCESS programs win best
meet our joint first step in identifying which y o u r ' 's
needs will be to the "Needs Assessment Tool" sent by yow: ICE
The local of contact for ICE are: in Office ofTn
apd in the Office of Detention and Removal Operations,
you again for your interest in

F. Riley
Local Coordination