|Submitted||Feb. 16, 2017|
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To Whom It May Concern:
Pursuant to North Dakota Constitution, Article XI, Section 6, and the North Dakota Open Records Statute, N.D.C.C. § 44-04-18(1), I hereby request the following records:
1. Any Immigration and Customs Enforcement detainer requests, also know as "immigration holds," received by North Dakota jails and prisons from the years 2014-2016;
2. Any policy, guides, or internally distributed memos to DOCR employees that make mention of and/or give instructions regarding actions to be taken following the receipt of an ICE detainer request;
3. Any records that indicate the actions taken following the receipt of an ICE detainer request, including whether custody was maintained following the request.
I also respectfully request that, if possible, the fees for this request be waived, as I believe this request is in the public interest. The results of this request will be published on the website MuckRock.com, processed by trained representatives of the press, and is made in the process of news gathering and not for any commercial or other purposes.
If a fee waiver cannot be granted, I would be grateful that you please inform me of the charges before the request is fulfilled. Additionally, if it's possible, I would appreciate if the request could be completed electronically, by e-mail or, if that isn't possible, via a CD-ROM.
Thank you in advance for your cooperation in this request; I greatly appreciate your time. I look forward to hearing back from you regarding this request within ten (10) business days.
Robert Jack Gross
1. Attached is the list of ICE requests within the time period requested for the ND DOCR. The ND DOCR is not in charge of jails so that information is not available.
2. The ND DOCR does not have any policies or manuals. The ND DOCR treats all detainers and warrants the same, no matter the jurisdiction.
3. Inmates must serve the remainder of their North Dakota sentence and then they are released to the ICE detainer, but the ND DOCR does not hold them after their expiration of sentence.