Office of Legislative Affairs

U.S. Department of Homeland Securit)'

Washington. DC 205 28

December 19,2011 The Honorable Jon Kyl United States Senate Washington, DC 20510 Dear Senator Kyl: I write in response to your December 16, 2011 letter regarding the termination of the 287(g) Memorandum of Agreement (MOA) with Maricopa County, Arizona. As you know, last week the U.S. Department of Justice (DOJ) reported its findings that the Maricopa County Sheriffs Office (MCSO) was engaged in a pattern and practice of discriminatory and unlawful practices that undermined law enforcement and hindered public safety. This unlawful behavior extended both to the tactics utilized by MCSO's officers in the field and to the operation of MCSO's jail system. The U.S. Immigration and Customs Enforcement (ICE) has no interest in supporting the unconstitutional pattern and practice of racial discrimination. Based on the nature of DOJ's findings in Maricopa County, ICE took the immediate and necessary step of terminating its 287(g) agreement with MCSO. Although ICE has terminated its 287(g) agreement with MCSO, ICE will continue to advance our immigration enforcement and public safety efforts in Maricopa County. ICE has dedicated 50 federal immigration officers to screen, identify, apprehend, and remove criminal aliens found in the jails of Maricopa County. These ICE officers will perform the work previously conducted by 287(g) officers and will ensure that criminal aliens and other removable public safety threats are not released into the community. These federal officers will have full access to Secure Communities and will continue this work until such time as DOJ is satisfied that MCSO has remedied the unlawful practices outlined in the DOJ report. In short, there will be no gap in immigration enforcement in Maricopa County. DHS shares your interest in protecting the Nation's security and ensuring the sound enforcement of our immigration efforts. Senator Grassley and Representative Smith, who co signed your letter, will receive separate, identical responses. If you have any concerns, please do not hesitate to call me at (202) 447-5890.

;r;;"b

Nelson Peacock Assistant Secretary for Legislative Affairs

www.dh s.gov