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06/03/2009
meet with CHI Detention and Removal Office (DRO) field office staff, as well as with Office of
Public Affairs (OPA) and Office of the Chief Counsel (OCC) officials. Representatives from
Customs and Border Protection (CBP), Office of Field Operations, also attend. At this initial
meeting, DRO field office participants express concern that both the Chicago Police Department
(CPD) and the Cook County Sheriff’s Office (CCSO) might be unwilling to cooperate because of
07/23/2009
ICE SC HQ personnel meet for the first time with Illinois State Police Bureau of Identification
(ISP BOI) officials in Joliet, Illinois to discuss interoperability deployment. (BOI acts as the
State Identification Bureau (SIB) for the State.) Also attending are representatives from CJIS
and the Department of Homeland Security (DHS) US-VISIT program, which maintains the
repository of alien fingerprints known as IDENT. At the time of this meeting, BOI officials note
that technical difficulties preclude police agencies from receiving secondary messages or photos
subsequent to the initial response from CJIS. Nonetheless, the meeting results in BOI agreement
to go forward with activation of interoperability in those jurisdictions which are willing and able
to proceed.
07/31/2009
Chicago. Significantly, neither CPD nor CCSO attend, although 24 police departments (PDs)
11/02/2009
A Memorandum of Agreement (MOA) is signed by the Chief of the ISP, acting as the Illinois
SIB. The MOA is thereafter signed on November 20 by Marc Rapp, acting Executive Director
of SC, on behalf of ICE, providing the basis for proceeding with Secure Communities
11/24/2009
Following earlier outreach efforts, DuPage and Kane Counties are activated. These counties sit
on the western perimeter of the Chicago / Cook County jurisdictional boundaries and constitute
02/26/2010
CCSO agrees to meet with ICE officials the following week, but the meeting takes place later as
indicated below.
March 4, 2010
DRO; and various field office staff meet with (b)(6), (b)(7)(C) CCSO and
(b)(6), (b)(7)(C)
CCSO. Mr. Venturella takes the lead for the government in
explaining the premises of the program and the biometric basis of interoperability. A tour of the
ICE facilities including the detention center is conducted and the use of biometrics is
program because it is grounded in biometrics and not on individual case decisions that could be
(b)(5)DP
04/01/2010
Internal emails are exchanged among and between CHI, DRO HQ, and SC HQ regarding
readiness to activate in several Illinois jurisdictions, including Cook County. At the time, it is
expected that Cook County, with the exception of CPD ORIs, will go live on April 13 along with
the other scheduled counties. (Attachment 1 to this chronology is a copy of the email chain.)
04/04/2010
Emails are exchanged between SC HQ and CJIS with relation to activating Cook County minus
CPD. The CJIS team lead expresses doubts and concern over this plan and requests a three-way
teleconference involving them, ICE and the SIB. (Attachment 2 to this chronology is a copy of
04/13/2010
Following earlier outreach efforts, Lake, Madison, McHenry, St. Clair, Will and Winnebago
Counties in south-central Illinois are activated. Cook County is not, pending resolution of the
04/14/2010
A preliminary teleconference is held between ICE and CJIS, in order to ensure that CJIS is fully
aware of the political sensitivities surrounding immigration enforcement in Cook County. The
CJIS team lead insists that these matters be aired in the three-way teleconference. A three-way
teleconference is then held between CJIS, ICE, and ISP BOI to discuss activation in Cook
County. At the beginning of the teleconference, the concept of activating all of Cook County
minus the Chicago Police Department’s ORIs (as the Chicago PD had not attended any briefings
to date and are considered a large agency). The ISP BOI stated that they were not concerned
with how we activated as long as we kept them informed. As asserted in the preliminary
teleconference, the CJIS team lead repeatedly makes reference to the sensitivities and the need to
re-validate the list of ORIs with out the Chicago PD ORIs included. During the course of the
conference call, the ISP representative becomes increasingly reticent to make a commitment to
moving forward in Cook County and indicates that he must consult his superiors before any
04/22/2010
expressing their concern over Cook County’s willingness to move forward with activation,
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indicating the need to move the matter further up the ISP organization for review, and suggesting
that ISP might require a written consent from CCSO before they will be willing to activate. The
new RC responds to the Captain’s comments including the suggestion that not activating Cook
County is a disservice to the many independent municipal PDs within the county that wish to
04/23-27/2010
The RC makes attempts at telephonic contact with various officials of ISP BOI without success.
04/28/2010
The RC initiates telephonic and email communication with (b)(6), (b)(7)(C) and subordinate
Master Sergeant (M/Sgt) (b)(6), (b)(7)(C) of the ISP, to ensure they are in receipt of the
communication of 4/22 referenced above; (b)(6), (b)(7)(C) responds reiterating that the subject is
under higher-level and legal review within the state police. (Attachment 4 to this chronology is a
04/28/2010
(b)(6) (b)(7)(C) soliciting official recognition of the agency’s intent to activate Cook County on
May 5. The following day, (b)(6), (b)(7)(C) responds acknowledging that although county
ordinance forbids the signing of any agreement, federal statute prohibits infringing on ICE’s
ability to obtain information necessary to determine the immigration status of any individual.
The email exchange is forwarded to (b)(6), (b)(7)(C) of the ISP, soliciting their acknowledgement
that the CoS communication constitutes a “go” message sufficient to move forward with
activation on May 5 or soon thereafter. (Attachment 5 to this chronology is a copy of the email
chain.)
05/03-05/2010
The RC makes repeated attempts at telephonic contact with various officials of ISP BOI without
success, and elevates the contact to the office of (b)(6), (b)(7)(C) on May 5, whose Executive
Officer returns the telephone call and advises he will look into the matter. The RC later is
advised by (b)(6), (b)(7)(C) hat he received a request from the EO to contact the RC, and on
05/11/2010
The RC sends an email to (b)(6), (b)(7)(C) asking again about the status of review; (b)(6), (b)(7)(C)
05/17/2010
(b)(6), (b)(7)(C) initiates an inquiry with a CHI Field Office agent asking under what conditions
local jurisdictions may obtain immigration fingerprint information via the FBI’s Special
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Handling Unit. The inquiry is forwarded to the RC, who responds by email.
(Attachment 6 to
this chronology is a copy of the email, which was also forwarded to SC HQ.)
05/18/2010
(b)(6), (b)(7)(C) sends an email to (b)(6), (b)(7)(C) asking about the status of interoperability
activation in Cook County. The following day, a copy of the inquiry from CoS Cunningham is
relayed to (b)(6), (b)(7)(C) ISP, by the RC who again asks whether the matter has been reviewed
by ISP’s legal officer and what the outcome has been. (Attachment 7 to this chronology is a
While there, he meets with FOD Wong and tours the operational areas of DRO. He later meets
with the Chicago Tribune Editorial Board and is interviewed about various immigration matters.
The substance of those discussions are delineated in a news story at the following link:
http://www.chicagobreakingnews.com/2010/05/homeland-security-official-weighs-in-on-
arizona-law.html. AS Morton also meets Cook County Sheriff Tom Dart and Chicago Mayor
Richard Daily, however, no ICE staff other than (b)(6), (b)(7)(C) are present.
05/27/2010
(b)(6), (b)(7)(C) sends the RC an email indicating that legal review has been completed, and the
ISP finds the CCSO communication inadequate to consider it as agreement to activate Cook
County. The RC immediately forwards the email to SC HQ for review and consideration.
# # # # #
This inquiry may or may not have been an attempt to determine whether there are ways, short of participating in
interoperability, and without the need to initiate direct contact with ICE or DHS, for Cook County to obtain
biometric data when it so chooses. However, such an interpretation of the query is speculative.
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Attachment 1
(b)(6), (b)(7)(C)
(b)(6), (b)(...
Please see attached Cook County ORI list, which only includes eight that will be activated. Ninety-nine
are listed on the “removed by state” tab. Presumably, the CHI FO has reviewed the list, but we may want
to double-check.
Please let me know what else I can do to help ensure the deployment goes smoothly.
Thanks,
(b)(6), (b)(7)(C)
To:
Subject: FW: Interoperability Go / No-Go Decision for Lake, Madison, McHenry, St. Clair, Will and
Please confirm with all partners that this date will be acceptable to all. My chief concern is that I
have not yet seen any traffic regarding which if any ORIs will be excluded from activation – my
understanding was that the Chicago DRO team was hashing this out. Let’s not have any
surprises. We need to ensure that CJIS, USVISIT and the LESC are all onboard. This will be a
huge accomplishment so we all need to ensure that when we activate, it goes off without a hitch.
Thanks,
(b)(6), (b)(7)(C)
Secure Communities
Desk
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Subject: FW: Interoperability Go / No-Go Decision for Lake, Madison, McHenry, St. Clair, Will and
FYI
(b)(6), (b)(7)(C)
Detention and Deportation Officer
HQDRO/CAP-Operations
-office
-fax
(b)(6), (b)(7)(C)
From:
Sent: Thursday, April 01, 2010 4:09 PM
To:
(b)(6), (b)(7)(C)
Cc:
(b)(6), (b)(7)(C)
Subject: RE: Interoperability Go / No-Go Decision for Lake, Madison, McHenry, St. Clair, Will and
(...
Good Afternoon Gentlemen,
th
Thanks
(b)(6), (b)(7...
Thanks. Please let me know when (a date) we will be able to activate Cook County, even if it is partially. If
it is partially, I will need the ORIs that we will activate until we can speak with CPD.
Thanks
(b)(6), (b)(7)(C)
(...
(b)(6) (b)(7)(C)
Chicago, IL 60605
(office)
DRAFT
Subject: RE: Interoperability Go / No-Go Decision for Lake, Madison, McHenry, St. Clair, Will and
Thanks
(b)(6), (b)(7)(C)
To:
(b)(6) (b)(7)(C)
Subject: Fw: Interoperability Go / No-Go Decision for Lake, Madison, McHenry, St. Clair, Will and
(b)(6), (b)(7)(C)
(...
(b)(6) (b)(7)(C)
Chicago, IL 60605
(b)(6), (b)(7)(C)
(b)(6), (b)(7)(C)
DRAFT
Cc:
(b)(6), (b)(7)(C)
Subject: Interoperability Go / No-Go Decision for Lake, Madison, McHenry, St. Clair, Will and
This email constitutes a solicitation for a response on a Go / No-Go decision to activate Interoperability on
1. Lake, IL
2. Madison, IL
3. McHenry, IL
4. St. Clair, IL
5. Will, IL
6. Winnebago, IL
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2. US-VISIT
3. OI
4. LESC
6. State
Please provide a single email response on behalf of your organization by 5 PM EDT, Friday, April 2,
2010.
If your decision is No-Go, provide your concern in an email along with a suggested alternate date. If
needed, a conference call will be set up by Secure Communities to discuss next steps.
On Monday, April 5, 2010 Secure Communities will send out an email communicating the final decision.
The Go Live date and time is currently scheduled for Tuesday, April 13, 2010 at 9AM EDT . Please do
(b)(6), (b)(7)(C)
(b)(6) (b)(7)(C)
http://www.ice.gov/secure_communities
DRAFT
Attachment 2
Cc:
(b)(6), (b)(7)(C)
(b)(6), ... ,
Our request to partially deploy in Cook County is based on political sensitivities in that jurisdiction. We
were able to leverage a personal/professional relationship that exists with the Sheriff that has cleared the
way for us to proceed, albeit partially at first. We continue to work toward full activation of Cook by
continuing our outreach activities. W e feel strongly that once we activate as requested, this will aid us in
I am checking on your question about SIB support, but I see no reason that they would not support this
"way forward".
Thanks,
(b)(6), (b)(7)(C)
- desk
(b)(6), (b)(7)(C)
- mobile
information that may be exempt from public release under the Freedom of Information Act (5 U.S.C. 552).
It is to be controlled, stored, handled, transmitted, distributed, and disposed of in accordance with DHS
policy relating to FOUO information and is not to be released to the public or other personnel who do not
have a valid "need-to-know" without prior approval of an authorized DHS official. No portion of this report
To:
Cc: (b)(6), (b)(7)(C)
(b)(6), (b)(7)(...
I apologize but I will not be available until later today. However, I have a few questions regarding the
request.
Is the SIB aware of this request? CJIS should be involved with the discussions with the SIB. I would like
to suggest a teleconference between all parties to discuss. For CJIS, this creates (b)(2)(high) (b)(7)(E)
to ensure the entire county eventually goes on line for Interoperability as well as Secure
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Communities. How long would it be before the entire county is activated? Is this an ICE resource issue
As you can see, lots of questions……. Please cc (b)(6), (b)(7)(C) on this request.
Thanks
(b)(6), (b)(7)(C)
Interoperability InitiativesUnit
(b)(6), (b)(7)(C)
I left you a message yesterday afternoon regarding activation in Cook county. I'm still in training, but would like to
call you during a break. How does your schedule look today?
Thanks,
(...
(b)(6), (b)(7)(C)
desk
(b)(6), (b)(7)(C)
mobile
Warning: This document is UNCLASSIFIED//FOR OFFICIAL USE ONLY (U//FOUO). It contains information
that may be exempt from public release under the Freedom of Information Act (5 U.S.C. 552). It is to be controlled,
stored, handled, transmitted, distributed, and disposed of in accordance with DHS policy relating to FOUO
information and is not to be released to the public or other personnel who do not have a valid "need-to-know"
without prior approval of an authorized DHS official. No portion of this report should be furnished to the
DRAFT
Attachment 3
I wanted to let you know that I am taking over (b)(6) (... 's responsibilities as the Secure
Communities coordinator relative to Illinois and a few other states. I apologize for the delay in
(b)(5) DP
But I recognize that the State wants to be certain about this, and certainly understand the internal
discussions being held. We will be doing the same on our end, and trying to clarify the situation
as well. Thank you very much for the heads-up; we are grateful for it.
V/R,
(b)(6) (b)(7)(C)
Regional Coordinator
(b)(6) (b)(7)(C)
-----Original Message-----
To:
(b)(6) (b)(7)(C)
DRAFT
-----Original Message-----
From:
(b)(6), (b)(7)(C)
To
Subject: ICE
Hi (b)(6), (...
I just wanted to send you a quick note to let you know ISP is having
ORI list sent to us and Cook County's request to be involved in the program.
(b)(6), (b)(7)(C) spoke to Cook County and they say they are
neutral on the program. I am fairly certain that my command will not approve
I will be talking with command in the next few days on this issue and will
let you know but thought I should give you a heads up because of the
(b)(6), (b)(7)(C)
Bureau of Identification
(...
(b)(6) (b)(7)(C)
(b)(6), (b)(7)(C)
DRAFT
Attachment 4
To:
(b)(6), (b)(7)(C)
(b)(6), ...
I am forwarding your question up the chain of command here at the Illinois State Police and our
legal office for consideration. I will let you know what I find out regarding this issue.
(b)(6), (b)(7)(C)
(b)(6) (b)(7)(C)
Joliet, IL 60432
(b)(6), (b)(7)(C)
(b)(6), (b)(7)(C)
To
Cc
04/28/2010 08:45AM
I wanted to thank you and (b)(6), (b)(7)(C) for taking the time to discuss Cook County with me the
other day. (I would have copied him on this email but didn’t have his electronic address.) As an
reaching out to the SO today (I’m not sure if it will be the Chief of Staff, Undersheriff,
or whom) to continue the dialogue with them as well. I’ll let you know
And I wanted to be sure that I understood the ISP Bureau of Identification position to be sure I
(b)(6), (b)(7)(C)
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Attachment 5
I wanted you to see this email chain and am forwarding it about as quickly as I have received it. Note
particularly the message from Cook County Sheriff’s Office (b)(6), (b)(7)(C)
We interpret this as (b)(5) DP but are mindful that you will wish to have it reviewed within
your organization. Please also note that should ISP Bureau of Identification prefer to slip the scheduled
activation date, commensurate with your internal processes and deliberations, we are amenable to that.
And of course, I’d be grateful if you keep me posted on the outcome of ISP deliberations.
(...
Respectfully submitted,
(...
(b)(6), (b)(7)(C)
Regional Coordinator
(b)(6), (b)(7)(C)
Cc:
Subject: FW: Deployment of Secure Communities to Cook County
We need to get this to the SIB. See below. The statement by the COS was approved by their
legal department.
Thanks,
(b)(6), (b)(7)(C)
Secure Communities
Desk
Please see the response from (b)(6), (b)(7)(C) or the Cook County Sheriff. Please let me
DRAFT
Thanks
(b)(6), (b)(7)(C)
(b)(6) (b)(7)(C)
(b)(6) (b)(7)(C)
(office)
(b)(6), (b)(7)(C)
This e-mail is intended to serve as acknowledgment by the Cook County Sheriff’s Office that we
are aware of your agency’s plan to activate the IDENT/IAFIS on May 5, 2010.
As I have indicated to you in previous discussions, the Cook County Sheriff’s Office believes a
local ordinance may forbid us from signing any official agreement with ICE related to the
IDENT/IAFIS system. However, we are also mindful of federal law (8 USCS 1373) which, in
part, prohibits local and state governments from blocking ICE’s ability to obtain information
regarding the immigration status of any individual, and as such, the system can be activated
The Sheriff’s Office remains committed to cooperating with ICE, as required by law, while at the
same time respecting the civil rights of all individuals arrested and detained in Cook County.
Sincerely,
(b)(6), (b)(7)(C)
DRAFT
This email is to notify you that your agency will be activated for the federal data sharing
CST. This capability automatically forwards fingerprints of subjects booked into local
custody to check biometric records in FBI and DHS databases. ICE will be notified if
the subject is determined to be removable from the country under the Immigration and
Nationality Act. ICE will prioritize action against removable aliens who have been
Please provide a single email response on behalf of your organization by NOON CST,
Communities will activate Interoperability on Wednesday, May 05, 2010 for Cook
County, IL. I attempted to make contact with (b)(6) (b)(7)(C) and left a message to
return my call to advise him of this message prior to it being sent. I look forward to your
Thanks
(b)(6), (b)(7)(C)
(b)(6) (b)(7)(C)
that may be exempt from public release under the Freedom of Information Act (5 U.S.C. 552). It is to be
controlled, stored, handled, transmitted, distributed, and disposed of in accordance with DHS policy relating
to FOUO information and is not to be released to the public or other personnel who do not have a valid "need-
to-know" without prior approval of an authorized DHS official. No portion of this report should be furnished
DRAFT
Attachment 6
(b)(6), (b)(7)(C) orwarded your recent fingerprint inquiry. I am copying him on this response.
which is
DHS-owned and maintained. Requests by state or local law enforcement agencies to check other forms
of prints against IDENT (e.g. CAR tenprints from non-activated jurisdictions; latents; prints from an
unidentified body believed to be an alien; suspect prints; etc., etc.) are handled by special arrangement
on a case-by-case basis. The LEA should be encouraged to submit such a request to the closest ICE
office.
The same is true of photos. You may or may not be aware that the suspect in the recent NYC Times
Square SUV bomb case was positively identified by means of a photographic line-up. The photo used in
that line-up came from the IDENT database and was supplied courtesy of ICE.
(b)(6), (b)(7)(C)
ICE Secure Communities
Regional Coordinator
(b)(6), (b)(7)(C)
DRAFT
Attachment 7
(b)(6), (b)(7)(C)
To (b)(6), (b)(7)(C)
Cc (b)(6), (b)(7)(C)
05/19/2010 07:51AM
Please see the below, most recent exchange between Cook County SO’s Chief of Staff and ICE’s
Chicago Field Office Director. I have been asked to check in with the State Police and find out
where this matter stands. As you know, FBI CJIS will not go forward with interoperability
activation in Cook County until the ISP, acting as the designated SIB, confirms. What may I tell
Thanks in advance,
(b)(6), (b)(7)(C)
ICE Secure Communities
Regional Coordinator
(b)(6), (b)(7)(C)
Just thought I would touch base with you and follow up on our last e-mail exchange. Has the
(b)(6), (b)(7)(C)
DRAFT
Attachment 8
To:
(b)(6), (b)(7)(C)
(b)(6), (b)(7)(...
This is not good, not good at all. (b)(5)DP ? If you (b)(6), (b)(7)(C) have
not had a chance to deal with this, perhaps it can be moved up the priority chain in light of this
negative opinion.
I also suggest that when the dialogue takes place, perhaps their legal officer needs to see the
CAL A.G. letter. He (the legal officer) is clearly taking a narrow view of the subject.
(b)(6), (b)(7)(C)
Regional Coordinator
(...
(b)(6), (b)(7)(C)
-----Original Message-----
(b)(6), (b)(7)...
ISP Legal office has reviewed the attached emails and responded with the
following:
(b)(6), (b)(7)(C)
I have reviewed all pertinent emails and information on the issue, and in my opinion the e-mail
of April 29, 2010, from Cook County Sheriff's Office COS (b)(6) (b)(7)(C) does not constitute a
acknowledges that the participation of Cook County Sheriff's Office may be prohibited by local
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ordinance. (b)(6), (b)(7)(C) further acknowledgement that "the system can be activated
without our approval" evidences CCSO's position that they have in fact not given approval.
In the absence of written documentation from CCSO requesting to activate the program and to
participate in the program, my recommendation is that the ISP not take part in the activation of
Cook County. I agree with your position as previously expressed, that the ISP does not authorize
activation on behalf of local agencies, as we are merely the conduit for the exchange of
(b)(6), (b)(7)(C)
(b)(6), (b)(7)(C)
(b)(6) (b)(7)(C) t
Joliet, IL 60432
(b)(6), (b)(7)(C)
DRAFT