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Microsoft Outlook

From: Rapp, Marc ASent: Friday, August 27, 2010 2:52 PMTo: Venturella, DavidSubject: FW: VTC

Attachments: fernandez_secure_communities_8-23-100001[1].pdf

fernandez_secure_

communities_8...

MAR----------------------------Marc A. RappDeputy DirectorSecure Communities Program

Office: Mobile:

-----Original Message-----From:Sent: Friday, August 27, 2010 1:37 PMTo: Subject: RE: VTC

Gents,

just forwarded me the attached. I don't believe the email at the end is as clear asour discussion earlier today. Sure you guys have seen (we got it from Susan), but it goesto consistent messaging. Hard to take these things back.

FBI/CJISGlobal OperationsWC

This email may contain Personally Identifiable Information (PII) which must be protectedin accordance with applicable privacy and security policies. If you are not the intendedrecipient of this information, disclosure, reproduction, distribution, or use of thisinformation is prohibited.________________________________________From:Sent: Friday, August 27, 2010 12:39 PMTo: ' '; ' 'Subject: VTC

Thank you both for the vtc. I think it went very well. We have agreement on the opt outissue and a plan for outreach to Cook County.

I wasn't fully aware of the issues in Cook until earlier this week, so hadn't had a chanceto discuss with . But sounds like they do have good contactsfor us to work with.

FBI/CJIS

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S T A TE O F N E W Y O R K D IV IS IO N O F C R IM IN A L J U S T IC E S E R V IC E S Fou r To w er PlaceA lbany, N ew York 1 2203 -3764

http://crim inaljustice .state.ny .usD A V ID A . P A T E R S O N

G O V E R N O R E A C T IN G C O M M IS S IO N E R F A X A ugust 23,2010

E sq.E xecutive D irectorN orthern M anhattan C oalition for Im m igrant R ights685 W est 182nd Street (atB roadw ay).N ew Y ork, N ew Y ork 10033D ear M s.

I enjoyed m eeting w ith you and your colleagues on W ednesday, A ugust 11,2010regarding the federal governm ent's "Secure C om m unities" initiative and N ew Y ork S tate's rolein helping to facilitate that program . I hope that you found our discussion productive.A s w e discussed, Secure C om m unities isa program of the U nited S tates D epartm ent ofH om eland S ecurity designed to im plem ent a com prehensive, integrated approach to iden tify andrem ove crim inal aliens from the U nited States. T he Secure C om m unities program targetsindividuals in our jails and prisons - prim arily those w ho have been convicted or charged w ith a"level one" offense, such as hom icide, kidnapping, sex offenses arid offenses im pacting nationalsecurity. U nd er the program , w hen a local law enforcem ent agency in N ew Y ork State, w hichhas decided to participate in the iriitiative, m akes an arrest and subm its fingerprints to the stateidentificationbureau, an expanded check takes place at the federal level. .A s you m ay know , individuals arrested in N ew Y ork State for fingerprintable crim esalready have their fingerprints searched against both the N ew Y ork State and the Federal B ureauof Investigation crim inal history databases. A lso, D C JS m aintains deportation data on crim inalaliens w ho w ere deported after release from State prison. Secure C om m unities sim ply allow s thefingerprints that N ew Y ork State sends to the FB I to be checked against the U nited S tatesD epartm ent of H om eland Security (D H S) database, if a local law enforcem ent agency has agreedto participate in the program . T he fruits of this search are then sim ultaneously shared w ith IC E and the local arresting agency,A s w e discussed, I recently signed a M em orandum of A greem ent (M O A ) that perm itslocal law enforcem ent ag encies to participate in this inform ation -sharing initiative if they choose

to d o so. T he S tate is not requiring localities to participate. T he M O A that I executed w ith thefederal go vernm ent sim ply m akes itpo ssible for localities to beco m e inv olved in the SecureC om m unities initiative.W hile w e in N ew Y ork State governm ent are very cognizant of the civil rights ofim m igrants, w e are eq ually cogn izant of the fact that this S tate is a prem ier target for terrorism

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.. . . .(note the W orld Trade Center attack of Septem ber 11,2001; the arrests ofthe "Lackaw anna Six"in 2002; the 2006 plotto bom b train tunnels; the 2007 attem pt to bom b fuelpipelines near JFK Airport; and the Tim es Square bom bing incident of M ay 1,2010). In fact, of allthe attacks inthe U nited States from 1970-2007, m ore (284) occurred in N ew Y ork City during this periodthan in the nextfourm ost frequently"targeted U .S. cities com bined. The Secure C om m unitiesinitiative is an essential toolto identify individuals w ho could be a threat to public safety and,Ibelieve, strikes an appropriate balance betw een civil liberties and public protection. Iw ould notethat the Secure Com m unities program reduces the opportunity forracial and ethnic profilingbecause the fingerprints of each and every individual arrested are checked against im m igrationrecords, notjust those m anually subm itted based upon subjective indicators. H opefully thisprovides you w ith an understanding of w hy Ithought itw as im portant to provide localcom m unities w ith an opportunity to participate.

W ith regard to the follow -up inform ation that I said Iw ould provide, Ihave enclosed aJuly 23,2010 em aiLbetw een: and from ICE w hich notes that D CJShas prem ised its participation on local agreem ent. Y ou w ill note thatICE agreed that thedecision w hether to participate is leftto local option and "no jurisdiction w ill be activated if [alocality] opposers] it." W e are still in the process of finalizing how D C JS w ill be notified ofalocalentity's decision to participate; notably, no jurisdictions have been "activated" to date. W ehave, however, been advised that outreach has been com pleted in the follow ing counties:G enesee, O rleans, W ayne, O sw ego, O nondaga, O neida H erkim er, H am ilton and M adison. ICE,is scheduled to conduct outreach in N iagara, M onroe, Livingston, O ntario, Y ates, Seneca,C ayuga and W yom ing counties in the next few m onths. In order"togetto this stage of theagreem ent process, discussed this w ith atICE; you m ay w ish tocontact M r. for further inform ation.

Finally.w hile Ido not recall agreeing that there w as a lack of clarity regarding w henfingerprint subm issions w ould be run against the databases, itm akes the m ost sense to have them subm itted atarrest; I do,how ever, believe IC E follow -up should be balanced and prudent. Also,atthis point in tim e Ibelieve that issues and .com plaints regarding Secure Com m unities shouldbe discussed and resolved betw een ICE and the locallaw enforcem ent agency w hich has decidedto be a participant.

Itrust that this is responsive to your inquiry and the inform ation Ihave provided ishelpful.V ery truly yours,

Acting Com m issionerEnclosure

cc: Esq.ICE

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From :Sent:'To:C c:

]Friday, July 23,20104:46 P M

DCJS , .;Penney..S usan E ;

RE: Secure C om m unities P rogram S ubject:

.Thanks for taking the tim e to speak W ith m e a w hile ago, Ireally appreciate it. I'll keep this short-Letm e cutto the chas-e and speak to the issue ofvoluntary participation: W hen a localjurisdictionexpresses a desire to opt out, w e look to the state for guidance. W ith regard to N ew Y ork, w e fullycom prehend the S tate's prem ise for agreeing to go forw ard w ith Secure C om m unities in the first place: nojurisdiction w ill be activated ifthey oppose it. There is no am biguity on thatpoint. W e get it. And w ew ould do nothing to jeopardize our great w orking relationship w ith D C JS . W e w ill do everything w e can tow ork w ith a N Y law enforcem ent agency to satisfy its concerns but atthe end of the day, ifthey areopposed, w e w on't go forw ard.

R e the O R I validation process: Ithas been our experience that in m ost states, the validations have beendone by the state identification bureau because they are accustom ed to being the link in the chainbetw een local LE As and C JIS-and in som e places they are absolutely insistent on perform ing that rolerather than let them selves be sidelined. In those places, w e have trod carefully so as not to insertourselves betw een S IB s and their client LEAs. N ew Y ork State has been a novel experience for us in thatregard. Iim agine ithas been difficult for C JIS because itis.different from the w ay they're accustom ed todoing business (Lisa IC hristina: Iam sorry about that), but w e are slow ly w orking our w ay through it..Ifthere is anything at allthat you w ant to discuss further, please don't hesitate to let m e know . '1 hope w eget a chance to m eet in person atthe upcom ing N ew Y ork S tate Sheriffs. Association conference.

As alw ays, best regards,

IC E Secure C om m unitiesR egional C oordinator

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