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tlOt WEST JEf1'ERSON
PHOENIX, ARIZONA I5OG7

~NET NAPOLITANO DORAB.SCHR

GOVERNOR DIRECTOR

August 2, 2005

John P. Clark
Deputy Assistant Secretary'
U.S. Immigration and Customs Enforcement
Department of Homeland Security
425 I Street, N.W.
Washington D.C. 20536

Re: 287(g); 8 USC 1357

Dear Mr. Secretary:

The Arizona Department of Corrections would like to pursue a written agreement with
the U.S. Immigration and Customs Enforcement, Department of Homeland Security,
Phoenix office, to identify qualified Arizona Department of Corrections employees for
training by U.S. Immigration and customs enforcement to perfonn certain duties under
the supervision of your agency to expedite the identification of undocumented individuals
and otherwise assist as appropriate in the deportation process.

I would be pleased to provide additional infolJIlation as needed..

Cordially,

hffp://www.Odcprlsonlnfo.oz.gov
 -(ttongrr55 of tlJr lIInitrll §tatr5
Blusijingtntt. m« 20515
MAY 1 6 2005
May 5, 2005

Assistant Secretary Michael J. Garcia

U.S. Immigration and Customs Enforcement
425 I Street N.W.
Washington, D.C. 20536

Dear Assistant Secretary Garcia:

We are writing to express our serious concerns over the number of foreign-born inmates being
housed ·in Arizona's Department of Corrections facilities. As you may be aware, there are currently more
than 500 such inmates that have been determined eligible for deportation but are awaiting deportation
orders from your agency. Housing each undocumented immigrant costs Arizona taxpayers an average of
$53 a day. The Director of the Department of Corrections may release a prisoner to the custody and
control ofImmigration and Customs Enforcement if the Department receives an order of deportation for
the prisoner from your agency. However, long delays in the processing of paperwork and retrieval by
Immigration and Customs Enforcement personnel are imposing severe hardships on the finite financial
resources of the Corrections Department.

Given that the Corrections Department is able to accurately assess the number of foreign-born
inmates that will be eligible for deportation orders up to five years in the future, it would be appropriate to
establish a system now that will avoid future backlogs. We recognize the monetary and personnel
constraints under which you are operating, and wish to inquire as to-how ICE plans to process future
inmates eligible for deportation in a timely, regular and consistent manner. We urge you to initiate and
carry out such a plan that functions efficiently for the state of Arizona.

As you well know, it is indisputably the responsibility of the federal government to secure the
border. The government's failure to do so necessitates its cooperation with the states that are adversely
affected.

We would appreciate receiving information by June 15,2005 on ICE's progress in establishing a

system for the future so that these foreign-born inmates may be processed regularly and promptly.

Thank you for your attention to this important matter.

Sincerely,

~ ??7e~
- ·U.S. -Senator

.Jon~~')l-
f.-S.-Senator

PRINTED ON RECYCLED PAPER

 STATE OF ARIZONA

.NET NAPOLITANO OFFICE OF THE GOVERNOR MAIN PHONE: 602-542-433 1

GOVERNOR 1700 WEST WASHINGTON STREET, PHOENIX, AZ 85007 FACSIMILE: 602-542-7601

July 1,2005

The Honorable Michael Chertoff

. Secretary, U.S. Department of Homeland Security
Washington D.C. 20528

Dear Secretary Chertoff:

Thank you for taking the time to discuss with me some of the issues
Arizona faces with respect to illegal Immigration. I am encouraged by our
telephone conversation and am writing to confirm a few of the issues we talked
about.

Working closely with the federal Department of Homeland Security, the

U.S. Border Patrol and Immigration and Customs Enforcement, I plan to move
forward with a pilot project that would benefit loeallaw enforcement and allow
police officers to quickly retum to their posts after picking up undocumented
aliens (UDAs). In addition, I am most concerned with the violent human
smuggling trade that uses the Phoenix area as a main transit hub. In some
Arizona communities, local law enforcement officers often come into contact with
large numbers of UDAs during routine traffic or ather law enforcement activities.
To alleviate the strain this puts on loeal departments, I plan to commit twelve
Department of Public Safety (DPS) police officers to partner one-on-one with
federal Border Patrol Officers stationed in Maricopa County whose purpose is to
identify. transport and process UDAs. DPS has already committed to purchasing
the vehicles and equipment necessary for this special enforcement squad to do
its job. Maricopa County Sheriff Joe Arpaio has agreed to assist in providing the
qecf spacenee~d~cft() h()use individual~detained flY this ~uad,

I also welcome your offer to train correctional personnel at the Arizona

Department of Corrections (ADC) to assist ICE staff with the deportation process.
Today ADC has In its custody 544 eligible illegal aliens who could be deported if
the deportation process had been completed. Another 500 eligible foreign
nationals confined by ADC in its inmate population should be deported later in
calendar 2006 and their processing is not yet completed. The training of state
personnel to augment the efforts of federal agents should help expedite the
process of deporting undocumented aliens to their home countries after serving
-senterfces---in AO-C- f6-r fel-any cnmes -a8- soorf as- they are elfgibTe~- -As you- Know
Secretary Michael Chertoff
July 1, 2005
Page 2

however, not all duties such as the deportation may be delegated or shared and
in these instances. the state will continue to rely wholly on your department for
relief.

As we discussed, I am hopeful that you will be able to utilize your agency's

experts to provide basic and specialized training for the Individuals who will be
Involved in these projects. To keep costs to a minimum. It would be particularly
helpful to conduct training at a facility in Arizona.

Thank you for your commitment to working with me on finding solutions to

our illegal immigration problem. I look forward to our next opportunity to talk
about this important issue and updates on progress.

Yours very truly,

~~ t1yK.
{/anet Napolitano
Governor

cc: Frank Navarrete, Director

Office of Homeland Security

SB:sc
 c.Jjfice ofCongressional Relations

u.s. Department of Homeland Security

425 I Street, NW
Washington, DC 20536

u.s. Immigration
and Customs
Enforcement

The Honorable Jeff Flake

U.S. House of Representatives
Washington, DC 20515
Dear Congressman Flake:
Thank you for your letter of May 5,2005, co-signed by nine of your colleagues in Congress,
regarding your concerns about the number of foreign-born inmates being housed in Arizona's
Department of Corrections facilities. Each co-signer will receive an individual response.
On June 7, 2005, U.S. Immigration and Customs Enforcement (ICE) representatives from the
Office of Investigations (01) Phoenix Field Office met with Arizona Governor Janet Napolitano
and her staff about the upcoming statewide law emorcement summit on illegal immigration and
its effect on Arizona law enforcement agencies. Please note that one ofthe agenda items for this
summit will respond to your inquiry regarding how ICE plans to handle incarcerated aliens in the
future.
The law enforcement summit will be held in Flagstaff, Arizona, on July 12,2005.
Representatives from 01 and the Office of Detention and Removal Operations from
Headquarters and the Phoenix Field Office will attend. The Arizona Department of Public
Safety is coordinating this summit for the Office of Governor Napolitano. Following the summit
we will infonn you of the resolutions agreed upon regarding the release of illegal aliens from
Arizona prisons.
I appreciate your interest in ICE. If I may be of further assistance, please call me at
(202) 514-5232.
Sincerely,

www.ice.gov