|Submitted||April 11, 2017|
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To Whom It May Concern:
Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:
The number of ICE/CBP referrals made by the agency since January 2012, grouped by month, year, and reason for arrest, reason for referral, and whether ICE took custody of the arrestee or not. The extent of this date range is the date that this request is processed on from, as noted before, January 1st 2012.
Any policies or guidelines on ICE referrals.
I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. 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.
I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.
In the event that there are fees, 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 10 business days, as the statute requires.
April 18, 2017
Dept Mr. 36053
411A Highland Ave.
Somerville, Ma. 02144
RE: Records Request:
Dear Mr. Waltman,
On April 11, 2017, we received your request for public records for the following records number of ICE/CBP referrals made by this agency since January 2012 and any policy and ICE referrals.
With respect to your request, please be advised that this Department does not have possession, custody or control of the records requested. The mandatory disclosure provision of the Public Records Law only applies to information that is in the custody of the Department at the time the request is received. As a result, there is no obligation for a Department to create a record and will be unable to respond to your request please see MGL c 4 section 7(26) a public records which have already been made or received.
Please be advised that pursuant to 950 CMR 32.00 and G.L. c. 66, section 10A(a) you have the right to appeal this decision to the Supervisor of Public Records within 90 calendar days. Such appeal shall be in writing, and shall include a copy of the letter by which the request was made and, if available, a copy of the letter by which the custodian responded. The Supervisor shall accept an appeal only from a person who had made his or her record request in writing.
Lt. Jon Crannell
Malden Police Department
800 Eastern Ave.
Malden, Ma. 02148
There are no files associated with this request.