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713 718 341501,36: 20084:05 FAX 713 718 3413S ATTORNEY SDTX Z001:002U.S. Departm ent of Just iceUnited States AttorneySouthern District of Texas

9)0 Tau Street. 111500hone ( 7 1 1) 567.3000Pe:r (Vice 8o:6112 Pox (713) 7'$-1500Houston. TCAIIS 77208September 30, 2006Mr. Harold L. HurttChief of PoliceHouston Police Department1200 TravisHouston. , Texas 77002Dear C hief Hurt t :

We are writ ing in responseto your decision to revise your p ractices for shar ing informationwith federal law enforcement c oncerning suspected i l legal inuri igrants . Theses changes will a l lowthe Houston Police Department to accept and honor immigration detainers (1-247) related to foreignnationals who were previously deported for felony crimes as well as aliens who have failed to appearafter being ordered removed.

These foreign national al iens may be encountered dur ing routine law enforcem ent work andidentified in the National Crime Informa tion Center (NCIC ) as previously deported aggravated felonsor aliens who failed to depart following issuance of a final order of remov al. These aliens are subjectto cr iminal prosecut ion pursuant to Tit le 8 United States Code 1326 o r Tit le 8 United States Code1253. The United States Attorney's Office in Houston, Texas, and the Houston office ofImm igrat ion and Cu stoms Enforcem ent (ICE) have been interested for some t ime in having suchcases referred so that the cases m ay be prosecuted where appropriate . We appreciate your a ssistancein accepting and hon oring cr iminal detainers f i led with the H ouston Police Depa rtment under thesespecific circumstances.

Typical ly , detainers f i led under these provisions are submitted by the ICE Law EnforcementSupport Center (LE SC) in W illis ton, Vermont . C onsistent with NC IC requirements , direct contactwith that office is avai lable 24 hours a day, 7 days a week.Sect ion 8 CF R 287.7(d) and (e) provides regulat ions related to temporary detent ion at therequest of local law enforce men t agencies. The Ho uston Field Office for ICE w il l respond to al ldetainers f iled under the above-referenced regulat ions within 24 hou rs .Furthermore, undocum ented a l iens are prohib i ted f rom possess ing f irearms and can becharged fede ral ly with afe lony pursuant to T i t le 18 , U ni ted S ta tes Code, Sec t ion 922(g)(5) . Aconvic t ion for this felony carr ies a sentence of up to ten years imprisonm ent and is considered anaggravated felony u nder the Immigration and N ationality Act. Upon release from prison, these aliensare subject tr 313TIlinistrative remova l and are not enti t led to a bear ing before an bnnugration Judge.

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- ,0930:2006 14:06 FAX 713 718 3415S ATTORNEY WE(002,002

Mr. Harold L HurttChief of PoliceSeptemb er 30, 2006Page 2

Should the alien return to the U nited States illegally, he could be prosecu ted for illegal reentry afterdeportation and subject to a sentence of up to twenty years. The Harris County D istrict Attorney'sOffice has agreed to refer these prosecutions to our office and I would ask that you make you rofficers aware of this initiative.The United States Attorney's Office and Immigration and Custom s Enforcement appreciatesthe assistance of the Houston Police Departm ent and looks forward to continued cooperation in ourcrime figh ting efforts to make our com mu nity a safe place to live and raise our families.

Sincerely,

Donald T. DeQ abrielle, Jr.United States Attorney

Robert P. RuttSpecial Agent In ChargeImmigration and Customs Enforcemen t