ICE detainee referrals (Mesa Police Department)

Dongjae Jung filed this request with the Mesa Police Department of Mesa, AZ.
Status
Rejected

Communications

From: Dongjae Jung

To Whom It May Concern:

Pursuant to the state open records law, Ariz. Rev. Stat. Ann. Secs. 39-121 to 39-122 and 39-128, I hereby request the following records:

A list or log of U.S. Immigration and Customs Enforcement referrals made by the Mesa Police Department since January 2009 grouped by month, year, and reason for arrest, reason for referral, and whether ICE took custody of the arrestee or not. If no such log is kept, please perform a word search on the police reporting system, using keywords: Immigration, ICE and detainer, and provide copies of records that indicate a referral was made to ICE.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I would request your response within ten (10) business days.

Sincerely,

Dongjae Jung

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Jan. 31, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Anthony Landato

Hi Mr. Jung,

This request should be directed to Department of Homeland Security's ICE public affairs. We are not able to answer the inquiry.

Take Care,

Sgt. Tony Landato #10016
Mesa Police Department
Media Relations Office
480-644-3994 (office)
Schedule: Mon – Thurs, 8am-6pm P.O. Box 1466
Mesa, AZ 85211
Pd-info@mesaaz.gov
Anthony.landato@mesaaz.gov

Download our App for iPhone and Android! Search ‘Mesa PD Mobile’

From: Dongjae Jung

Dear Sgt. Tony Landato,

Thank you for your response.
You said that Mesa PD cannot answer my FOIA request, but my request is related to how local law enforcement agents under federal-local partnership on immigration enforcement programs - such as 287(g) or Secure Communities - deal with noncitizens with criminal or immigration violation charges.

Every local law enforcement agency has a different level of cooperation on immigration enforcement-related activity, and therefore I want to know how Mesa PD officers process noncitizen-related charges, and how Mesa PD cooperates with the federal immigration agency, U.S. Immigration and Customs Enforcement, in the process of noncitizen (immigration) enforcement.

Please carefully read my previous FOIA request, and then respond. If Mesa PD does not have any log of referrals to ICE, please tell me (1) how Mesa PD manages and processes data or records on noncitizens with immigration or criminal violation charges, and (2) whether Mesa PD has contacted ICE since 2009 to deal with noncitizens caught in the jurisdiction, and if yes, please list them in compliance with my initial FOIA request.

Dongjae Jung

From: Anthony Landato

Mr. Jong,

The Mesa Police Department does not maintain a record of this nature. We do, as directed by law, make the appropriate referrals to ICE. As previously stated, you will need to contact ICE, if you are looking for statistics of this nature. In response to your second question, we have had contact with ICE since 2009 for these referrals. Please let me know if this document opens for you or not.

[cid:CF4DF6C0-6468-4F5F-808A-9EC813CD63C9]

Sgt. Tony Landato #10016 - iPad
Mesa Police Department
Media Relations
Hours: Mon-Thur<x-apple-data-detectors://0>, 0800-1800 Hours<x-apple-data-detectors://1/0>
P.O. Box 1466<x-apple-data-detectors://1/0>
Mesa, AZ 85211<x-apple-data-detectors://1/0>
480-644-3994<tel:480-644-3994> (desk)
PD-info@mesaaz.gov<mailto:PD-info@mesaaz.gov>
Anthony.landato@mesaaz.gov<mailto:Anthony.landato@mesaaz.gov>
Twitter: @MesaPDPIO

The information contained in this e-mail and any files transmitted with it are confidential and/or privileged, and are intended solely for the use of the recipients listed above. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of the transmitted information is strictly prohibited. If you have received this transmission in error, please immediately notify the sender and delete and destroy all copies and attachments.

From: MuckRock

Hello,

The document did not attach. Could you please send again?

Thank you.

From: Steven Berry

Dongjae Jung,

I have been assigned to follow up on your request from MuckRock.com. During this follow up, I see that your company clearly charges fees to individuals and business to obtain information that is free to them. This is clearly defined as a "commercial purpose" although you indicate that it is not.

The Mesa Police Department complies with all laws regarding public records. We also recognize that this is a commercial purpose request and at this point will not proceed with the request. If you have any questions, feel free to contact me or our Mesa Police Department legal staff.

[cid:image001.gif@01CF347C.767434F0]

I have highlighted in red the areas that clearly show you charge fees for free information.
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On Feb. 28, 2014:

Mr. Jong,

The Mesa Police Department does not maintain a record of this nature. We do, as directed by law, make the appropriate referrals to ICE. As previously stated, you will need to contact ICE, if you are looking for statistics of this nature. In response to your second question, we have had contact with ICE since 2009 for these referrals. Please let me know if this document opens for you or not.

[cid:CF4DF6C0-6468-4F5F-808A-9EC813CD63C9]

Sgt. Tony Landato #10016 - iPad
Mesa Police Department
Media Relations
Hours: Mon-Thur<x-apple-data-detectors://0>, 0800-1800 Hours<x-apple-data-detectors://1/0>
P.O. Box 1466<x-apple-data-detectors://1/0>
Mesa, AZ 85211<x-apple-data-detectors://1/0>
480-644-3994<tel:480-644-3994> (desk)
PD-info@mesaaz.gov<mailto:PD-info@mesaaz.gov><mailto:PD-info@mesaaz.gov>
Anthony.landato@mesaaz.gov<mailto:Anthony.landato@mesaaz.gov><mailto:Anthony.landato@mesaaz.gov>
Twitter: @MesaPDPIO

The information contained in this e-mail and any files transmitted with it are confidential and/or privileged, and are intended solely for the use of the recipients listed above. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of the transmitted information is strictly prohibited. If you have received this transmission in error, please immediately notify the sender and delete and destroy all copies and attachments.

---

On Feb. 19, 2014:

Dear Sgt. Tony Landato,

Thank you for your response.
You said that Mesa PD cannot answer my FOIA request, but my request is related to how local law enforcement agents under federal-local partnership on immigration enforcement programs - such as 287(g) or Secure Communities - deal with noncitizens with criminal or immigration violation charges.

Every local law enforcement agency has a different level of cooperation on immigration enforcement-related activity, and therefore I want to know how Mesa PD officers process noncitizen-related charges, and how Mesa PD cooperates with the federal immigration agency, U.S. Immigration and Customs Enforcement, in the process of noncitizen (immigration) enforcement.

Please carefully read my previous FOIA request, and then respond. If Mesa PD does not have any log of referrals to ICE, please tell me (1) how Mesa PD manages and processes data or records on noncitizens with immigration or criminal violation charges, and (2) whether Mesa PD has contacted ICE since 2009 to deal with noncitizens caught in the jurisdiction, and if yes, please list them in compliance with my initial FOIA request.

Dongjae Jung

---

On Feb. 18, 2014:

Hi Mr. Jung,

This request should be directed to Department of Homeland Security's ICE public affairs. We are not able to answer the inquiry.

Take Care,

Sgt. Tony Landato #10016
Mesa Police Department
Media Relations Office
480-644-3994 (office)
Schedule: Mon - Thurs, 8am-6pm P.O. Box 1466
Mesa, AZ 85211
Pd-info@mesaaz.gov<mailto:Pd-info@mesaaz.gov>
Anthony.landato@mesaaz.gov<mailto:Anthony.landato@mesaaz.gov>

Download our App for iPhone and Android! Search 'Mesa PD Mobile'

---

On Feb. 15, 2014:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Jan. 31, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

---

On Jan. 31, 2014:

To Whom It May Concern:

Pursuant to the state open records law, Ariz. Rev. Stat. Ann. Secs. 39-121 to 39-122 and 39-128, I hereby request the following records:

A list or log of U.S. Immigration and Customs Enforcement referrals made by the Mesa Police Department since January 2009 grouped by month, year, and reason for arrest, reason for referral, and whether ICE took custody of the arrestee or not. If no such log is kept, please perform a word search on the police reporting system, using keywords: Immigration, ICE and detainer, and provide copies of records that indicate a referral was made to ICE.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com<http://MuckRock.com>, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I would request your response within ten (10) business days.

Sincerely,

Dongjae Jung

Filed via MuckRock.com<http://MuckRock.com>
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>

For mailed responses, please address (see note):
MuckRock News
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PLEASE NOTE the new address as well as the fact that improperly addressed (i.e., with the requester's name rather than MuckRock News) requests might be returned by the USPS as undeliverable.

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