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80)(44
A. CA 9210
t4} &tl~7QOO

Dear Mr. Clark:

My Department has conducte4 ext~J:lsive research co~¢mit"l8 281(s) Qf1;he. .

Immigration and Nationality Act. W;e recently completed a Ctoss~Designat1on Pf:Op$sal
. . whlchincludes a research paper, apF0posed McmorandumofUnderstanding, draft'po:l'icy
MqprOcequre for both Jail Operati()ll$.~Jnvestigations. aud. & cost analysis. A copy of
my proposal has been forwarded to_~ Assistant special Agent in Char~, at
your Office of Investigations in San~omia. Additionally, aU five membcciof
our County Board. of Supervisors have been briefed on the project and my staffhas held
numerous meetings with local community groups.

At this time, my Department is interested in moving forward with, the 287(g) Delegation
of Authority Program. My current proposal <.:alls for the initial training and certification
of two-hundred deputies; one-hundred dep.urtesfrom the Jai.l Ope.ti.ltibns Division; and
one-hundred ,investigators assigned to the. Iny,stigatiollS Divi~iQ!1~:W-hlch includes
members of our g$1g team who are currently Wotking with agents from. your Santa Ana
office. It is my desire 'that once the designat«ideputies and inv~stigato.rs from my
Department have been trained and certified, their immigration enforcement activities will
be limited to Jail Operations and Investigations.

JAIL OPERAnONS
"'"t1nTently~pllrSuant'lt:1:::~'a,greementbetwe~n1CE"
conduct immigrationillterviews.in: my jails. If the !lel".tio~.?fA~thority program is
approved. Orange County deputIes currently workingJ,ll my .lads WIll conduct the
immigrationi1~~erview~ and forward the n~ary paperwOrk to the local ICE office;

PROUDl. VSSRVING THE UNfNCMPORA TED AREAS OFORANGE COUNTYAND THE FOLLOWING CITIES AND AGENCIES
ALISO VIEJO .. DANA POINT .. LAGUNA H1US .. LAGUNA NIGUEL • LAGUNA WOODS • LAKE FOREST • MISsION VIEJO
RANCHO SANTA MARGARITA • SAN CLEMENTE. SAN JtJAN CAPISTRANO .. STANTON. VILLA PARK
HARBORS. BEACHES &PARKS. JOHN WAYNE AIRPORT .. aCTA • SuPERIOR COURT
 INVESTIGATIONS

It is the policy of my Department that illegal presence (in the country) alone is not cause
for arrest or criminal detention by deputies. Moreover, if the Delegation of Authority
program is approved, deputies who are trained and certi fled tmder this program will take
immigration enforcement action only when faced with activities that involve a separate
underlying criminal offense. Such offenses win be limited to aggravated fblonies a'S per
Immigration and Nationality Act, 8 U.S.C. Section 101 (a)(43). Deputies will also be
authorized to take enforcement action when dealing with foreign nationals who were
previously deported, or who were convicted of an aggravated felony, or if the foreign
national is involved in criminal street gang activity.

TfV\INING

My Department will provide facilities in Orange County j{}f all training related to this
program.

M.EMORANDUM OF UNDERSTANDING

I have attached for your review a copy of our proposed Memorandum of Understanding
which has not yet been approved by our County Board of Supervisors. Such approval will
likely be contingent upon the United States Senate approving the Department of
Homeland Security Act (H.R. 1817), or similar legislation, which provides for
reimbursement to local1aw entorcement for costs associated with this progran1.

Your point of contact for issues related to this program is Captain Timothy Board.
Orange County Sheriffs Department, Professional Standards Division, at 714-647-!871,
or e-mail - tboard@jocsd.org.

I am confident that, v.i.th your assistance, the 287(g) Delegation of Authority program
will result in a safer environment for aU who live, work-in and visit Orange County. I also
see this as a great opportunity for our agendes to work together more effectively and
efficiently. I look forward to hearing from you soon and taking the next step towards .1

imp~on of this program.

~urs. _ _ .. <- -----~-' ------

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Sherift:Coroner