20,2003 REPL Y MAYBE MADt: ro

INS Commissioner
Michael J. Garcia
425 I Street, SW
Washington, DC 20536

Dear INS Commissioner:

The Stale supports the measures taken by to advance our

national security. demands that national concerns are placing on
the resources of both and Naturalization of Justice,
we understand that lacks the ability to resources within the
State of Alabama.

to the Attorney General

287(g) of me Irrunigration we

The Department of Public Safety will rl"n ..",,,,,·,,, Alabama in

negotiating the tenns of the MOU. The MOU should include: 1) immigration enforcement
functions that of the State of Alabama will be authorized to and 2) the training
and to perform such functions.

would like its

r to working with you, and with A[[omey General, as we begin

negotiations an MOU between the State Alabama and the Department 10
accordance with INA Section 287(g).
 U.S. Department of Justice
Immigration and Naturalization Service

HQINV 50118

Office of the Executive Associate Commissioner 4251 Street NW

Washington. DC 20536

Colonel Charles E. Andrews

Director
Department of Public Safety
State of Alabama
P.O. Box 1511
Montgomery, AL 36102-1511

Dear Colonel Andrews:

Thank you for your recent letter requesting the delegation ofhnmigration and
Naturalization Service (INS) authority to Alabama State Troopers. The Illegal hnmigration
Refonn and Immigrant Responsibility Act of 1996 (IIRAIRA), Public Law 104-208, enacted on
September 30, 1996, amended the Immigration and Nationality Act by adding Section 287(g), 8
U.S.C. Section 1357(g), to that Act. Section 287(g) pennits the Attorney General to enter into
written agreements with states so that qualified state officers can perfonn certain functions of
immigration officers.

Section 287(g) requires that a written memorandum of understanding (MOU) be created

that defines the authorities being certified, the training requirements, the required INS
supervision, the length of the agreement and other important issues. This MOU is developed
between the INS and the state. The laws of the State of Alabama must also allow for the
enforcement of these additional Federal authorities.

This letter will serve as a notice of intent to negotiate a memorandum of understanding

between the INS and the State of Alabama to confer on selected Alabama State Troopers certain
~1NSenft)reem:ent·auttrorities:

Immigration and nationality law is complex, immigration policy and procedures are
constantly changing and the required training is extensive. Therefore I have directed the
Investigations Division of the INS to provide you and your staff an overview ofthe INS, its'
authorities, processes and an overview of Section 287(g).
_ _--"-........~......__ Director Alabama Public Safety

As the enforcement divisjon of the Immigration and Naturalization Service transitions

into the new Department of Homeland Security (DHS). Bureau of Immigration and Customs
Enforcement (TCE), we will continue to work with you and the Alabama Department of Public
Safety on this important initiative in cooperative law enforcement.

Sincerely,
OFFICE OF THE GOVERNOR STATE CAPlTC
MONTGOMERY, ALABAMA 3613

BOB RILEY (334) 242-710

GoVERNOR FAX: (334) 242-093

STATE OF ALABAMA

May 4, 2005

Paul Kilcoyne
Deputy Director for Investigations
US Immigration and Customs Enforcement
425 I Street North West
Washington, DC 20536

Dear Deputy Director Kilcoyne:

The Director of the Alabama Department of Public Safety has informed this office that
you have asked for a formal letter regarding the training and retraining of Alabama State
Troopers under the terms of the existing Memorandum of Understanding.

Mr. Jim Walker, Director of Alabama's Homeland Security, represented me at the

February 21,2005, meeting in Birmingham. Undersecretary Hutchinson and you
r~presented the U.S. Immigration and Customs Enforcement. Major Charles Andrews
represented the Director of the Alabama Department of Public Safety.

Director Walker told me that it was agreed an additional twenty-five troopers will be
trained and the existing twenty ICE troopers wOJ,lld have their training updated. I
understand that Senator Sessions, Undersecret3iy Hutchinson and Major Andrews
announced this agreement at the press conference which followed the meeting. I also
understand that the issue of the lack of approved 72-hour ICE holding facilities was
addressed at the meeting.

By this letter, I am formally requesting that this training and retraining be carried out
wifuQ~tg~1~1:"J~!~~~~~~~"~~.g~~e"~~"~~e~~or .Coppage apprised of the dates when
the training will take place. I hope tomeefWiffiyouwlien~you"refiiiii1oATaoama.

I
BRlsllmc

CC: Michael J. Garcia

Marcy M. Forman
::FICE OF THE GOVEl SOR STATE CAPIToL
MONTGOMERY, ALABAMA 36130

OBRnEY (334) 242-7100

OVERNOR FAX: (334)242-0937

STATE OF ALABAMA

April 7, 2006

Mr. Paul Kilcoyne

Deputy Director for Investigations
U.S. Immigration and Customs Enforcement
425 I Street Northwest
Washington, D.C. 20536

Dear Deputy Director Kilcoyne:

In recent months I have met with local officials and members of the Alabama Legislature to review with
them Alabama's 287(g) program and the work of our state's ICE-trained Alabama State Troopers. It is
my detennination that Alabama needs to continue building on the success of this program and that our
state would be better served and protected if more Alabama State Troopers received ICE training and
authority.

The impact of this program in Alabama is readily apparent, as several recent arrests illustrate. These
include a convicted sex offender who had been ordered deported, but who had a new EAD card when he
applied for an Alabama drivers license. In another ~ce, one of our ICE-trained troopers made a
speeding stop, found that the driver had no license or auto insurance, and detennined that she had been
deported from the United States on two prior occasions. Just this week an ICE-trained trooper arrested a
man who applied for an Alabama drivers license by presenting a Social Security Card, EAD card and a
North Carolina drivers license. The trooper determined the EAD and Social Security cards were
fraudulent, and the subject infonned the trooper he had used both documents to obtain his North Carolina
driver license.

In keeping with Alabama's Memorandwn of Understanding with the Department of Homeland Security, I
am formally requesting that another 25 troopers be trained pursuant to the 287(g) program. This will bring
the total troopers trained to almost 10 percent of the state's trooper force.

f appfeGiate·~ attention.mJhiunatterand ask that ~o.JIJ!lmri~~h2th1ID'Qffi<:~ an~ Alabama

Department of Public Safety Director Colonel W.M. Coppage when DHS lDay aecommOdatethis training.
Thank you for all your help in protecting the citizens of Alabama.

5~~'
BRlje/rs /

cc: Ms. Julie L. Myers

Ms. Marcy M. Fonnan
Colonel W.M. Coppage
 JOBONDR
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. . Katyll J.AIlI
l1Betor;~ . ~
tJ.~ IDmligratioaud CtiaWI·~
lIB"I Street, NW
Room 7030
WashiuatoD. DC 2tlS!fi
I.B: Honorable Riley -He" Matt
310 Baud Avcmu.e
Bay Minette. AL 36507
Dear Ms.. Lq;

TIle ~ COI11IDUIIic1d: is submitted ill your COIISideration.

If you ,\\II. advise _ ol!pur action in this matter aud haw Ute ~. returm!d 1'1 me
with your repl~! .1~WiB~eci8)it.
With ~ regards, lam

olCongr_
JB~llc

Enclosure
PLEASE RESPOND TO: CONGRESSMAN lQ BONNER
1302 NORTH!~ STR:Blrr
Ji'9I.JiY AI.. aBiU
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