Secure Communities

C. Scott Ananian filed this request with the Brookline Police Department of Brookline, MA.

It is a clone of this request.

Status
Completed

Communications

From: C. Scott Ananian

To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:

All documents relating to Brookline Special Order 2012-6 and Norfolk County's activation of biometric information sharing capability ("Secure Communities") with US Immigrations and Customs Enforcement (ICE) on May 15, 2012. In addition, any Memoranda of Agreement under the Delegation of Immigration Authority Section 287(g) Immigration and Nationality Act (287(g) program), the Criminal Alien Program, or Border Patrol.

This request for records includes but is not limited to documents indicating:
-communications from US ICE or the Department of Homeland Security (DHS) regarding activation of the Secure Communities program;
-communications from Norfolk County regarding activation of the Secure Communities program;
-communications from the State of Massachusetts regarding any Memorandum of Agreement with DHS for participation in the Secure Communities program;
-communications relating to the 2006 pilot of Secure Communities in the Boston area, including discussion of expansion;
-training officers received on Special Order 2012-6;
-any changes made to Special Order 2012-6 after Secure Communities was replaced by the Priority Enforcement Program (PEP) in July 2015, and any training officers may have received on these changes;
-any changes made to Special Order 2012-6 after Secure Communities was reinstated on January 25, 2017, and any training officers may have received on these changes;
-any changes made to Special Order 2012-6 after the Brookline Board of Selectmen vote to rescind the order on March 7, 2017, and any training officers may have received on these changes;
-whether Special Order 2012-6 is still in effect, and if not, any training officers may have received on the change in status,
-any Memoranda of Agreement (MOAs) entered into with ICE, DHS, Norfolk County, or the State related to the Secure Communities program, 287(g) program, or the Criminal Alien Program, including any termination or modification clauses;
-the number of ICE detainers received since the issuance of Special Order 2012-6, and for each: the circumstances of arrest involved, the cost of any incarceration resulting from the detainer, and the time lag between arrest, receipt of detainer, and ICE collection;
-communications related to any "opt-out" of receiving immigration information from ICE;
-communications related to enforcement priorities for ICE programs;
-financial or other incentives for activation of or participation in the Secure Communities program, the 287(g) program, or the Criminal Alien Program; and
-participation in training offered by DHS or ICE on how Secure Communities relates to laws governing civil rights.

Please include any relevant documents, including but not limited to memos, reports, emails, meeting minutes and contracts.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
C. Scott Ananian
103 Griggs Road
Brookline, MA 02446

From: Michael Gropman

Scott,

Most of this stuff doesn't exist. I can try to track down something, but comms w ICE was pretty Limited. I do know be the 2012 s.o. and 2017 there were 6 ICE detainer filed w us. I'll see what else I can find. We've already looked into this pretty extensively and we just didn't do much of anything w ice over last several years.
Best,

Michael

Sent from my Verizon Wireless 4G LTE DROID

requests@muckrock.com wrote:

April 11, 2017
Brookline Police Department
The Brookline Police Department
Attention: Records and Service Division
350 Washington Street
Brookline, Massachusetts 02445

To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:

All documents relating to Brookline Special Order 2012-6 and Norfolk County's activation of biometric information sharing capability ("Secure Communities") with US Immigrations and Customs Enforcement (ICE) on May 15, 2012. In addition, any Memoranda of Agreement under the Delegation of Immigration Authority Section 287(g) Immigration and Nationality Act (287(g) program), the Criminal Alien Program, or Border Patrol.

This request for records includes but is not limited to documents indicating:
-communications from US ICE or the Department of Homeland Security (DHS) regarding activation of the Secure Communities program;
-communications from Norfolk County regarding activation of the Secure Communities program;
-communications from the State of Massachusetts regarding any Memorandum of Agreement with DHS for participation in the Secure Communities program;
-communications relating to the 2006 pilot of Secure Communities in the Boston area, including discussion of expansion;
-training officers received on Special Order 2012-6;
-any changes made to Special Order 2012-6 after Secure Communities was replaced by the Priority Enforcement Program (PEP) in July 2015, and any training officers may have received on these changes;
-any changes made to Special Order 2012-6 after Secure Communities was reinstated on January 25, 2017, and any training officers may have received on these changes;
-any changes made to Special Order 2012-6 after the Brookline Board of Selectmen vote to rescind the order on March 7, 2017, and any training officers may have received on these changes;
-whether Special Order 2012-6 is still in effect, and if not, any training officers may have received on the change in status,
-any Memoranda of Agreement (MOAs) entered into with ICE, DHS, Norfolk County, or the State related to the Secure Communities program, 287(g) program, or the Criminal Alien Program, including any termination or modification clauses;
-the number of ICE detainers received since the issuance of Special Order 2012-6, and for each: the circumstances of arrest involved, the cost of any incarceration resulting from the detainer, and the time lag between arrest, receipt of detainer, and ICE collection;

From: Michael Gropman

Scott:

I'll go line by line and hope this helps. Contact if you need further guidance

This request for records includes but is not limited to documents indicating:
-communications from US ICE or the Department of Homeland Security (DHS) regarding activation of the Secure Communities program;

Unable to locate any Comm's

-communications from Norfolk County regarding activation of the Secure Communities program;

Unable to locate any Comm's

-communications from the State of Massachusetts regarding any Memorandum of Agreement with DHS for participation in the Secure Communities program;

Unable to locate any Comm's

-communications relating to the 2006 pilot of Secure Communities in the Boston area, including discussion of expansion;

Unable to locate any Comm's

-training officers received on Special Order 2012-6;

N/A it was a special order advising of program and steps BPD should take

-any changes made to Special Order 2012-6 after Secure Communities was replaced by the Priority Enforcement Program (PEP) in July 2015, and any training officers may have received on these changes;

None

-any changes made to Special Order 2012-6 after Secure Communities was reinstated on January 25, 2017, and any training officers may have received on these changes;

None

-any changes made to Special Order 2012-6 after the Brookline Board of Selectmen vote to rescind the order on March 7, 2017, and any training officers may have received on these changes;

Interdepartmental Memo dated 2/16/17. I have attached the introduction, but according to the SOS guideline (Attached above) the interdepartmental memo is exempt. We have modified our activities based on the guidance of this internal memo, but a new policy is still being reviewed and debated by the Town governing body. Until it is finalized, we are directed by the internal memo regarding the 2012-6 order until a General Order is determined by the Board of Selectmen..
BPD:

Effective today we are modifying procedures set forth in Special Order 2012-6 (Secure Communities) Please read and follow below Procedures. The Police Department anticipates issuing a new order in the next couple of weeks, addressing concerns that have been brought forward by the Town of Brookline's governing bodies, concerning the further detention of arrestees in our custody on criminal matters through the use of ICE detainers.

Sec of State::

D. Exemption (d)

Exemption (d) applies to

inter-agency or intra-agency memoranda or letters relating to policy positions being developed by the agency; but this sub clause shall not apply to reasonably completed factual studies or reports on which the development of such policy positions has been or may be based[1]

-whether Special Order 2012-6 is still in effect, and if not, any training officers may have received on the change in status,

Special Order suspended and new procedures directed via internal memo until new General Order is developed by BOS

-any Memoranda of Agreement (MOAs) entered into with ICE, DHS, Norfolk County, or the State related to the Secure Communities program, 287(g) program, or the Criminal Alien Program, including any termination or modification clauses;

Unable to locate any Comm's

-the number of ICE detainers received since the issuance of Special Order 2012-6, and for each: the circumstances of arrest involved, the cost of any incarceration resulting from the detainer, and the time lag between arrest, receipt of detainer, and ICE collection;

Report forthcoming Number is 6 detainers received over 5 years (2012-2017)

From: C. Scott Ananian

Can you elaborate a bit on what forms of communications were searched, and what communication may have occurred that would not turn up in your search? Some communication from ICE or the State must have prompted the Special Order. BPD issued the order on May 18, 2012 and ICE marked Norfolk as having 100% activation of Secure Communities on May 15, 2012 (before the order was even issued!), publishing this information no later than June 5, 2012: https://web-beta.archive.org/web/20120628115535/https://www.ice.gov/doclib/secure-communities/pdf/sc-activated.pdf

Some communication must have occurred between BPD and ICE, the State, or Norfolk county in this time period. It strains credulity to believe 2012-6 emerged without prompting, or that ICE accurately foretold the issuance of a BPD Special Order three days in advance of its creation.

Are there phone logs from this time period? Did the chief or a delegate attend a meeting with ICE or State officials in April/May 2012 at which face to face communication may have occurred?
-- C. Scott Ananian, TMM 10

From: Michael Gropman

All good questions. I'm checking further w the records department. But you are asking for a.memo from ICE to us, and that would be something ICE has. As far as what ICE publishes, we have zero control of it. I can talk to u via phone in an hour if u need further clarifications. Michael
Sent from my Verizon Wireless 4G LTE DROID

requests@muckrock.com wrote:

April 13, 2017
Brookline Police Department
The Brookline Police Department
Attention: Records and Service Division
350 Washington Street
Brookline, Massachusetts 02445

This is a follow up to a previous request:

Can you elaborate a bit on what forms of communications were searched, and what communication may have occurred that would not turn up in your search? Some communication from ICE or the State must have prompted the Special Order. BPD issued the order on May 18, 2012 and ICE marked Norfolk as having 100% activation of Secure Communities on May 15, 2012 (before the order was even issued!), publishing this information no later than June 5, 2012: https://web-beta.archive.org/web/20120628115535/https://www.ice.gov/doclib/secure-communities/pdf/sc-activated.pdf

Some communication must have occurred between BPD and ICE, the State, or Norfolk county in this time period. It strains credulity to believe 2012-6 emerged without prompting, or that ICE accurately foretold the issuance of a BPD Special Order three days in advance of its creation.

Are there phone logs from this time period? Did the chief or a delegate attend a meeting with ICE or State officials in April/May 2012 at which face to face communication may have occurred?
-- C. Scott Ananian, TMM 10
---

On April 13, 2017:
Scott:

I'll go line by line and hope this helps. Contact if you need further guidance

This request for records includes but is not limited to documents indicating:
-communications from US ICE or the Department of Homeland Security (DHS) regarding activation of the Secure Communities program;

Unable to locate any Comm's

-communications from Norfolk County regarding activation of the Secure Communities program;

Unable to locate any Comm's

-communications from the State of Massachusetts regarding any Memorandum of Agreement with DHS for participation in the Secure Communities program;

Unable to locate any Comm's

-communications relating to the 2006 pilot of Secure Communities in the Boston area, including discussion of expansion;

Unable to locate any Comm's

-training officers received on Special Order 2012-6;

N/A it was a special order advising of program and steps BPD should take

-any changes made to Special Order 2012-6 after Secure Communities was replaced by the Priority Enforcement Program (PEP) in July 2015, and any training officers may have received on these changes;

None

-any changes made to Special Order 2012-6 after Secure Communities was reinstated on January 25, 2017, and any training officers may have received on these changes;

None

-any changes made to Special Order 2012-6 after the Brookline Board of Selectmen vote to rescind the order on March 7, 2017, and any training officers may have received on these changes;

Interdepartmental Memo dated 2/16/17. I have attached the introduction, but according to the SOS guideline (Attached above) the interdepartmental memo is exempt. We have modified our activities based on the guidance of this internal memo, but a new policy is still being reviewed and debated by the Town governing body. Until it is finalized, we are directed by the internal memo regarding the 2012-6 order until a General Order is determined by the Board of Selectmen..
BPD:

Effective today we are modifying procedures set forth in Special Order 2012-6 (Secure Communities) Please read and follow below Procedures. The Police Department anticipates issuing a new order in the next couple of weeks, addressing concerns that have been brought forward by the Town of Brookline's governing bodies, concerning the further detention of arrestees in our custody on criminal matters through the use of ICE detainers.

Sec of State::

D. Exemption (d)

Exemption (d) applies to

inter-agency or intra-agency memoranda or letters relating to policy positions being developed by the agency; but this sub clause shall not apply to reasonably completed factual studies or reports on which the development of such policy positions has been or may be based[1]

-whether Special Order 2012-6 is still in effect, and if not, any training officers may have received on the change in status,

Special Order suspended and new procedures directed via internal memo until new General Order is developed by BOS

-any Memoranda of Agreement (MOAs) entered into with ICE, DHS, Norfolk County, or the State related to the Secure Communities program, 287(g) program, or the Criminal Alien Program, including any termination or modification clauses;

Unable to locate any Comm's

-the number of ICE detainers received since the issuance of Special Order 2012-6, and for each: the circumstances of arrest involved, the cost of any incarceration resulting from the detainer, and the time lag between arrest, receipt of detainer, and ICE collection;

Report forthcoming Number is 6 detainers received over 5 years (2012-2017)

---

On April 12, 2017:
Scott,

Most of this stuff doesn't exist. I can try to track down something, but comms w ICE was pretty Limited. I do know be the 2012 s.o. and 2017 there were 6 ICE detainer filed w us. I'll see what else I can find. We've already looked into this pretty extensively and we just didn't do much of anything w ice over last several years.
Best,

Michael

Sent from my Verizon Wireless 4G LTE DROID

requests@muckrock.com wrote:

April 11, 2017
Brookline Police Department
The Brookline Police Department
Attention: Records and Service Division
350 Washington Street
Brookline, Massachusetts 02445

To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:

All documents relating to Brookline Special Order 2012-6 and Norfolk County's activation of biometric information sharing capability ("Secure Communities") with US Immigrations and Customs Enforcement (ICE) on May 15, 2012. In addition, any Memoranda of Agreement under the Delegation of Immigration Authority Section 287(g) Immigration and Nationality Act (287(g) program), the Criminal Alien Program, or Border Patrol.

This request for records includes but is not limited to documents indicating:
-communications from US ICE or the Department of Homeland Security (DHS) regarding activation of the Secure Communities program;
-communications from Norfolk County regarding activation of the Secure Communities program;
-communications from the State of Massachusetts regarding any Memorandum of Agreement with DHS for participation in the Secure Communities program;
-communications relating to the 2006 pilot of Secure Communities in the Boston area, including discussion of expansion;
-training officers received on Special Order 2012-6;
-any changes made to Special Order 2012-6 after Secure Communities was replaced by the Priority Enforcement Program (PEP) in July 2015, and any training officers may have received on these changes;
-any changes made to Special Order 2012-6 after Secure Communities was reinstated on January 25, 2017, and any training officers may have received on these changes;
-any changes made to Special Order 2012-6 after the Brookline Board of Selectmen vote to rescind the order on March 7, 2017, and any training officers may have received on these changes;
-whether Special Order 2012-6 is still in effect, and if not, any training officers may have received on the change in status,
-any Memoranda of Agreement (MOAs) entered into with ICE, DHS, Norfolk County, or the State related to the Secure Communities program, 287(g) program, or the Criminal Alien Program, including any termination or modification clauses;
-the number of ICE detainers received since the issuance of Special Order 2012-6, and for each: the circumstances of arrest involved, the cost of any incarceration resulting from the detainer, and the time lag between arrest, receipt of detainer, and ICE collection;
---

On April 11, 2017:
To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:

All documents relating to Brookline Special Order 2012-6 and Norfolk County's activation of biometric information sharing capability ("Secure Communities") with US Immigrations and Customs Enforcement (ICE) on May 15, 2012. In addition, any Memoranda of Agreement under the Delegation of Immigration Authority Section 287(g) Immigration and Nationality Act (287(g) program), the Criminal Alien Program, or Border Patrol.

This request for records includes but is not limited to documents indicating:
-communications from US ICE or the Department of Homeland Security (DHS) regarding activation of the Secure Communities program;
-communications from Norfolk County regarding activation of the Secure Communities program;
-communications from the State of Massachusetts regarding any Memorandum of Agreement with DHS for participation in the Secure Communities program;
-communications relating to the 2006 pilot of Secure Communities in the Boston area, including discussion of expansion;
-training officers received on Special Order 2012-6;
-any changes made to Special Order 2012-6 after Secure Communities was replaced by the Priority Enforcement Program (PEP) in July 2015, and any training officers may have received on these changes;
-any changes made to Special Order 2012-6 after Secure Communities was reinstated on January 25, 2017, and any training officers may have received on these changes;
-any changes made to Special Order 2012-6 after the Brookline Board of Selectmen vote to rescind the order on March 7, 2017, and any training officers may have received on these changes;
-whether Special Order 2012-6 is still in effect, and if not, any training officers may have received on the change in status,
-any Memoranda of Agreement (MOAs) entered into with ICE, DHS, Norfolk County, or the State related to the Secure Communities program, 287(g) program, or the Criminal Alien Program, including any termination or modification clauses;
-the number of ICE detainers received since the issuance of Special Order 2012-6, and for each: the circumstances of arrest involved, the cost of any incarceration resulting from the detainer, and the time lag between arrest, receipt of detainer, and ICE collection;

From: Michael Gropman

Scott:

Our records department has nothing. So I asked our CJIS operator to review our old communications to see if we can find anything. It’s a process to say the least, but we’re still checking. The review will take a little while because he has to request access to records that are old and beyond normal retention dates. The retention rates are varied on the database, but the files readily accessible only goes back so far because of the expanse, the extensive comm’s and the number of users (All over my head as I’m not a computer person). If we find anything I’ll send it to you, and as soon as I hear from him I’ll let you know what the feedback is.
Best,

Michael.

From: C. Scott Ananian

Thank you. As the Board of Selectmen is working on a revision of the policy for issuing General Orders and Special Orders, I feel it is in the public interest to learn the exact history of 2012-6, so that we can fairly evaluate whether the new BoS policy would have led to a different outcome. I appreciate your going the extra mile on this.

From: Michael Gropman

Scott,

Agreed. I'm curious myself. We'll try and dig up the origins of the order
Best regards

Michael

Sent from my Verizon Wireless 4G LTE DROID

requests@muckrock.com wrote:

April 20, 2017
Brookline Police Department
The Brookline Police Department
Attention: Records and Service Division
350 Washington Street
Brookline, Massachusetts 02445

This is a follow up to a previous request:

Thank you. As the Board of Selectmen is working on a revision of the policy for issuing General Orders and Special Orders, I feel it is in the public interest to learn the exact history of 2012-6, so that we can fairly evaluate whether the new BoS policy would have led to a different outcome. I appreciate your going the extra mile on this.
---

On April 19, 2017:
Scott:

Our records department has nothing. So I asked our CJIS operator to review our old communications to see if we can find anything. It’s a process to say the least, but we’re still checking. The review will take a little while because he has to request access to records that are old and beyond normal retention dates. The retention rates are varied on the database, but the files readily accessible only goes back so far because of the expanse, the extensive comm’s and the number of users (All over my head as I’m not a computer person). If we find anything I’ll send it to you, and as soon as I hear from him I’ll let you know what the feedback is.
Best,

Michael.
---

On April 13, 2017:
All good questions. I'm checking further w the records department. But you are asking for a.memo from ICE to us, and that would be something ICE has. As far as what ICE publishes, we have zero control of it. I can talk to u via phone in an hour if u need further clarifications. Michael
Sent from my Verizon Wireless 4G LTE DROID

requests@muckrock.com wrote:

April 13, 2017
Brookline Police Department
The Brookline Police Department
Attention: Records and Service Division
350 Washington Street
Brookline, Massachusetts 02445

This is a follow up to a previous request:

Can you elaborate a bit on what forms of communications were searched, and what communication may have occurred that would not turn up in your search? Some communication from ICE or the State must have prompted the Special Order. BPD issued the order on May 18, 2012 and ICE marked Norfolk as having 100% activation of Secure Communities on May 15, 2012 (before the order was even issued!), publishing this information no later than June 5, 2012: https://web-beta.archive.org/web/20120628115535/https://www.ice.gov/doclib/secure-communities/pdf/sc-activated.pdf

Some communication must have occurred between BPD and ICE, the State, or Norfolk county in this time period. It strains credulity to believe 2012-6 emerged without prompting, or that ICE accurately foretold the issuance of a BPD Special Order three days in advance of its creation.

Are there phone logs from this time period? Did the chief or a delegate attend a meeting with ICE or State officials in April/May 2012 at which face to face communication may have occurred?
-- C. Scott Ananian, TMM 10
---

On April 13, 2017:
Scott:

I'll go line by line and hope this helps. Contact if you need further guidance

This request for records includes but is not limited to documents indicating:
-communications from US ICE or the Department of Homeland Security (DHS) regarding activation of the Secure Communities program;

Unable to locate any Comm's

-communications from Norfolk County regarding activation of the Secure Communities program;

Unable to locate any Comm's

-communications from the State of Massachusetts regarding any Memorandum of Agreement with DHS for participation in the Secure Communities program;

Unable to locate any Comm's

-communications relating to the 2006 pilot of Secure Communities in the Boston area, including discussion of expansion;

Unable to locate any Comm's

-training officers received on Special Order 2012-6;

N/A it was a special order advising of program and steps BPD should take

-any changes made to Special Order 2012-6 after Secure Communities was replaced by the Priority Enforcement Program (PEP) in July 2015, and any training officers may have received on these changes;

None

-any changes made to Special Order 2012-6 after Secure Communities was reinstated on January 25, 2017, and any training officers may have received on these changes;

None

-any changes made to Special Order 2012-6 after the Brookline Board of Selectmen vote to rescind the order on March 7, 2017, and any training officers may have received on these changes;

Interdepartmental Memo dated 2/16/17. I have attached the introduction, but according to the SOS guideline (Attached above) the interdepartmental memo is exempt. We have modified our activities based on the guidance of this internal memo, but a new policy is still being reviewed and debated by the Town governing body. Until it is finalized, we are directed by the internal memo regarding the 2012-6 order until a General Order is determined by the Board of Selectmen..
BPD:

Effective today we are modifying procedures set forth in Special Order 2012-6 (Secure Communities) Please read and follow below Procedures. The Police Department anticipates issuing a new order in the next couple of weeks, addressing concerns that have been brought forward by the Town of Brookline's governing bodies, concerning the further detention of arrestees in our custody on criminal matters through the use of ICE detainers.

Sec of State::

D. Exemption (d)

Exemption (d) applies to

inter-agency or intra-agency memoranda or letters relating to policy positions being developed by the agency; but this sub clause shall not apply to reasonably completed factual studies or reports on which the development of such policy positions has been or may be based[1]

-whether Special Order 2012-6 is still in effect, and if not, any training officers may have received on the change in status,

Special Order suspended and new procedures directed via internal memo until new General Order is developed by BOS

-any Memoranda of Agreement (MOAs) entered into with ICE, DHS, Norfolk County, or the State related to the Secure Communities program, 287(g) program, or the Criminal Alien Program, including any termination or modification clauses;

Unable to locate any Comm's

-the number of ICE detainers received since the issuance of Special Order 2012-6, and for each: the circumstances of arrest involved, the cost of any incarceration resulting from the detainer, and the time lag between arrest, receipt of detainer, and ICE collection;

Report forthcoming Number is 6 detainers received over 5 years (2012-2017)

---

On April 12, 2017:
Scott,

Most of this stuff doesn't exist. I can try to track down something, but comms w ICE was pretty Limited. I do know be the 2012 s.o. and 2017 there were 6 ICE detainer filed w us. I'll see what else I can find. We've already looked into this pretty extensively and we just didn't do much of anything w ice over last several years.
Best,

Michael

Sent from my Verizon Wireless 4G LTE DROID

requests@muckrock.com wrote:

April 11, 2017
Brookline Police Department
The Brookline Police Department
Attention: Records and Service Division
350 Washington Street
Brookline, Massachusetts 02445

To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:

All documents relating to Brookline Special Order 2012-6 and Norfolk County's activation of biometric information sharing capability ("Secure Communities") with US Immigrations and Customs Enforcement (ICE) on May 15, 2012. In addition, any Memoranda of Agreement under the Delegation of Immigration Authority Section 287(g) Immigration and Nationality Act (287(g) program), the Criminal Alien Program, or Border Patrol.

This request for records includes but is not limited to documents indicating:
-communications from US ICE or the Department of Homeland Security (DHS) regarding activation of the Secure Communities program;
-communications from Norfolk County regarding activation of the Secure Communities program;
-communications from the State of Massachusetts regarding any Memorandum of Agreement with DHS for participation in the Secure Communities program;
-communications relating to the 2006 pilot of Secure Communities in the Boston area, including discussion of expansion;
-training officers received on Special Order 2012-6;
-any changes made to Special Order 2012-6 after Secure Communities was replaced by the Priority Enforcement Program (PEP) in July 2015, and any training officers may have received on these changes;
-any changes made to Special Order 2012-6 after Secure Communities was reinstated on January 25, 2017, and any training officers may have received on these changes;
-any changes made to Special Order 2012-6 after the Brookline Board of Selectmen vote to rescind the order on March 7, 2017, and any training officers may have received on these changes;
-whether Special Order 2012-6 is still in effect, and if not, any training officers may have received on the change in status,
-any Memoranda of Agreement (MOAs) entered into with ICE, DHS, Norfolk County, or the State related to the Secure Communities program, 287(g) program, or the Criminal Alien Program, including any termination or modification clauses;
-the number of ICE detainers received since the issuance of Special Order 2012-6, and for each: the circumstances of arrest involved, the cost of any incarceration resulting from the detainer, and the time lag between arrest, receipt of detainer, and ICE collection;
---

On April 11, 2017:
To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:

All documents relating to Brookline Special Order 2012-6 and Norfolk County's activation of biometric information sharing capability ("Secure Communities") with US Immigrations and Customs Enforcement (ICE) on May 15, 2012. In addition, any Memoranda of Agreement under the Delegation of Immigration Authority Section 287(g) Immigration and Nationality Act (287(g) program), the Criminal Alien Program, or Border Patrol.

This request for records includes but is not limited to documents indicating:
-communications from US ICE or the Department of Homeland Security (DHS) regarding activation of the Secure Communities program;
-communications from Norfolk County regarding activation of the Secure Communities program;
-communications from the State of Massachusetts regarding any Memorandum of Agreement with DHS for participation in the Secure Communities program;
-communications relating to the 2006 pilot of Secure Communities in the Boston area, including discussion of expansion;
-training officers received on Special Order 2012-6;
-any changes made to Special Order 2012-6 after Secure Communities was replaced by the Priority Enforcement Program (PEP) in July 2015, and any training officers may have received on these changes;
-any changes made to Special Order 2012-6 after Secure Communities was reinstated on January 25, 2017, and any training officers may have received on these changes;
-any changes made to Special Order 2012-6 after the Brookline Board of Selectmen vote to rescind the order on March 7, 2017, and any training officers may have received on these changes;
-whether Special Order 2012-6 is still in effect, and if not, any training officers may have received on the change in status,
-any Memoranda of Agreement (MOAs) entered into with ICE, DHS, Norfolk County, or the State related to the Secure Communities program, 287(g) program, or the Criminal Alien Program, including any termination or modification clauses;
-the number of ICE detainers received since the issuance of Special Order 2012-6, and for each: the circumstances of arrest involved, the cost of any incarceration resulting from the detainer, and the time lag between arrest, receipt of detainer, and ICE collection;
---

On April 13, 2017:
Can you elaborate a bit on what forms of communications were searched, and what communication may have occurred that would not turn up in your search? Some communication from ICE or the State must have prompted the Special Order. BPD issued the order on May 18, 2012 and ICE marked Norfolk as having 100% activation of Secure Communities on May 15, 2012 (before the order was even issued!), publishing this information no later than June 5, 2012: https://web-beta.archive.org/web/20120628115535/https://www.ice.gov/doclib/secure-communities/pdf/sc-activated.pdf

Some communication must have occurred between BPD and ICE, the State, or Norfolk county in this time period. It strains credulity to believe 2012-6 emerged without prompting, or that ICE accurately foretold the issuance of a BPD Special Order three days in advance of its creation.

Are there phone logs from this time period? Did the chief or a delegate attend a meeting with ICE or State officials in April/May 2012 at which face to face communication may have occurred?
-- C. Scott Ananian, TMM 10
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On April 13, 2017:
Scott:

I'll go line by line and hope this helps. Contact if you need further guidance

This request for records includes but is not limited to documents indicating:
-communications from US ICE or the Department of Homeland Security (DHS) regarding activation of the Secure Communities program;

Unable to locate any Comm's

-communications from Norfolk County regarding activation of the Secure Communities program;

Unable to locate any Comm's

-communications from the State of Massachusetts regarding any Memorandum of Agreement with DHS for participation in the Secure Communities program;

Unable to locate any Comm's

-communications relating to the 2006 pilot of Secure Communities in the Boston area, including discussion of expansion;

Unable to locate any Comm's

-training officers received on Special Order 2012-6;

N/A it was a special order advising of program and steps BPD should take

-any changes made to Special Order 2012-6 after Secure Communities was replaced by the Priority Enforcement Program (PEP) in July 2015, and any training officers may have received on these changes;

None

-any changes made to Special Order 2012-6 after Secure Communities was reinstated on January 25, 2017, and any training officers may have received on these changes;

None

-any changes made to Special Order 2012-6 after the Brookline Board of Selectmen vote to rescind the order on March 7, 2017, and any training officers may have received on these changes;

Interdepartmental Memo dated 2/16/17. I have attached the introduction, but according to the SOS guideline (Attached above) the interdepartmental memo is exempt. We have modified our activities based on the guidance of this internal memo, but a new policy is still being reviewed and debated by the Town governing body. Until it is finalized, we are directed by the internal memo regarding the 2012-6 order until a General Order is determined by the Board of Selectmen..
BPD:

Effective today we are modifying procedures set forth in Special Order 2012-6 (Secure Communities) Please read and follow below Procedures. The Police Department anticipates issuing a new order in the next couple of weeks, addressing concerns that have been brought forward by the Town of Brookline's governing bodies, concerning the further detention of arrestees in our custody on criminal matters through the use of ICE detainers.

Sec of State::

D. Exemption (d)

Exemption (d) applies to

inter-agency or intra-agency memoranda or letters relating to policy positions being developed by the agency; but this sub clause shall not apply to reasonably completed factual studies or reports on which the development of such policy positions has been or may be based[1]

-whether Special Order 2012-6 is still in effect, and if not, any training officers may have received on the change in status,

Special Order suspended and new procedures directed via internal memo until new General Order is developed by BOS

-any Memoranda of Agreement (MOAs) entered into with ICE, DHS, Norfolk County, or the State related to the Secure Communities program, 287(g) program, or the Criminal Alien Program, including any termination or modification clauses;

Unable to locate any Comm's

-the number of ICE detainers received since the issuance of Special Order 2012-6, and for each: the circumstances of arrest involved, the cost of any incarceration resulting from the detainer, and the time lag between arrest, receipt of detainer, and ICE collection;

Report forthcoming Number is 6 detainers received over 5 years (2012-2017)

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On April 12, 2017:
Scott,

Most of this stuff doesn't exist. I can try to track down something, but comms w ICE was pretty Limited. I do know be the 2012 s.o. and 2017 there were 6 ICE detainer filed w us. I'll see what else I can find. We've already looked into this pretty extensively and we just didn't do much of anything w ice over last several years.
Best,

Michael

Sent from my Verizon Wireless 4G LTE DROID

requests@muckrock.com wrote:

April 11, 2017
Brookline Police Department
The Brookline Police Department
Attention: Records and Service Division
350 Washington Street
Brookline, Massachusetts 02445

To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:

All documents relating to Brookline Special Order 2012-6 and Norfolk County's activation of biometric information sharing capability ("Secure Communities") with US Immigrations and Customs Enforcement (ICE) on May 15, 2012. In addition, any Memoranda of Agreement under the Delegation of Immigration Authority Section 287(g) Immigration and Nationality Act (287(g) program), the Criminal Alien Program, or Border Patrol.

This request for records includes but is not limited to documents indicating:
-communications from US ICE or the Department of Homeland Security (DHS) regarding activation of the Secure Communities program;
-communications from Norfolk County regarding activation of the Secure Communities program;
-communications from the State of Massachusetts regarding any Memorandum of Agreement with DHS for participation in the Secure Communities program;
-communications relating to the 2006 pilot of Secure Communities in the Boston area, including discussion of expansion;
-training officers received on Special Order 2012-6;
-any changes made to Special Order 2012-6 after Secure Communities was replaced by the Priority Enforcement Program (PEP) in July 2015, and any training officers may have received on these changes;
-any changes made to Special Order 2012-6 after Secure Communities was reinstated on January 25, 2017, and any training officers may have received on these changes;
-any changes made to Special Order 2012-6 after the Brookline Board of Selectmen vote to rescind the order on March 7, 2017, and any training officers may have received on these changes;
-whether Special Order 2012-6 is still in effect, and if not, any training officers may have received on the change in status,
-any Memoranda of Agreement (MOAs) entered into with ICE, DHS, Norfolk County, or the State related to the Secure Communities program, 287(g) program, or the Criminal Alien Program, including any termination or modification clauses;
-the number of ICE detainers received since the issuance of Special Order 2012-6, and for each: the circumstances of arrest involved, the cost of any incarceration resulting from the detainer, and the time lag between arrest, receipt of detainer, and ICE collection;
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On April 11, 2017:
To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:

All documents relating to Brookline Special Order 2012-6 and Norfolk County's activation of biometric information sharing capability ("Secure Communities") with US Immigrations and Customs Enforcement (ICE) on May 15, 2012. In addition, any Memoranda of Agreement under the Delegation of Immigration Authority Section 287(g) Immigration and Nationality Act (287(g) program), the Criminal Alien Program, or Border Patrol.

This request for records includes but is not limited to documents indicating:
-communications from US ICE or the Department of Homeland Security (DHS) regarding activation of the Secure Communities program;
-communications from Norfolk County regarding activation of the Secure Communities program;
-communications from the State of Massachusetts regarding any Memorandum of Agreement with DHS for participation in the Secure Communities program;
-communications relating to the 2006 pilot of Secure Communities in the Boston area, including discussion of expansion;
-training officers received on Special Order 2012-6;
-any changes made to Special Order 2012-6 after Secure Communities was replaced by the Priority Enforcement Program (PEP) in July 2015, and any training officers may have received on these changes;
-any changes made to Special Order 2012-6 after Secure Communities was reinstated on January 25, 2017, and any training officers may have received on these changes;
-any changes made to Special Order 2012-6 after the Brookline Board of Selectmen vote to rescind the order on March 7, 2017, and any training officers may have received on these changes;
-whether Special Order 2012-6 is still in effect, and if not, any training officers may have received on the change in status,
-any Memoranda of Agreement (MOAs) entered into with ICE, DHS, Norfolk County, or the State related to the Secure Communities program, 287(g) program, or the Criminal Alien Program, including any termination or modification clauses;
-the number of ICE detainers received since the issuance of Special Order 2012-6, and for each: the circumstances of arrest involved, the cost of any incarceration resulting from the detainer, and the time lag between arrest, receipt of detainer, and ICE collection;

From: Michael Gropman

Scott:

FYI on the CJIS/LEAPS end.
Best,

Michael

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Good Morning Gentlemen,

This morning I have conducted a second thorough search of any and all possible records between the Brookline Dispatch CJIS Terminal and ICE over the period in question and have not been able to locate any further information than what already has been located and reported.

This is basically the same dilemma that we faced prior when I was asked by the Chief to look into this matter earlier this year. The only communications that the Dispatch office would have kept record of regarding ICE would have been printed and attached to the booking packet of subject’s arrested by our Department for other violations. If a detainer request was sent via CJIS and/or fax, it would have been printed out and put into the booking packet. As we discovered, there was no field in the CAD/Records Management System to record this information until it was created this year.

There was no other communication between our Dispatch Center and any other entity as mentioned in the request from Scott Ananian, and I think you pretty much covered it in your email reply to him Deputy on each bullet point.

I’m sorry I can’t help further, but this is the best I can do with the information I have and what was provided to me by DCJIS.

Respectfully submitted,

Kevin Lessard

Chief Emergency Telecommunications Dispatcher

Town of Brookline, MA

Files

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