Case Document 51-6 Filed 03/01/13 Page 1 of 8 Exhibit Case 03/01/13 Page 2 of 8 Page I of2 Sent: Tuesday. April 01. 2008 9:40 PM To: Formen. Marcy; . Cc: Subject: FW: 0th Exec Summary Attachments: CVJ Operational Flow 04-01-08 (7).doc Please see attached CVJ Executive Summary, a may of which I have pasted into this email. Executive Summary RAC Cedar Rapids - Operation Cedar Valley Junction On October 1, 2007, the RAC Cedar Rapids opened a worksite investigation relating to Agriprocessors, Inc. located in Postville, Iowa. Agriprocessors, inc. is a kosher and non~kosher meat processing plant. Over the past two years, ICE has been involved with multiple cases relating to illegal aliens employed by the company and has participated in the criminal and administrative arrests of numerous employees of Agriprocessors, Inc. Many of these. employees have been criminally prosecuted in the Northern District of Iowa for violations of [8 USC l028A (Aggravated Identity Theft) and [8 USC IS46 (Document Fraud) directly related to the defendant?s employment at Agriproccssors, Inc. In coordination with the US. Attorney?s Of?ce for the Northern District of Iowa (USAO), and the United States District Court in the Northern District of Iowa, the RAC Cedar Rapids is currently planning a worksite enforcement operation in northeastern Iowa at Agriprocessors, Inc. This operation is in furtherance of the criminal investigation and prosecution of the corporation for knowingly hiring and harboring undocumented workers. This enforcement operation is scheduled for May 2008, and will include the execution of criminal arrest warrants for at least one corporate of?cial and a criminal search warrant at the company. In addition. the US. Attorney?s Of?ce for the Northern District of Iowa (USAO) has indicated that they will prosecute every individual amenable to criminal prosecution and anticipates issuing approximately 800 criminal "John Doe? arrest warrants in advance of the operation. This operation will involve approximately aw enforcement personnel assigned to the execution of the warrants and processing location. Agents and personnel from various other Federal, State, and local agencies, including the US. Department of Agriculture, the United States Postal Inspection Service, the Iowa Department of Public Safety (IDPS), the Black Hawk County Sheriff?s Department, and the Waterloo Police Department will participate in the operation. The morning of May l2, 2008, ICE will serve a criminal search?warrant on the company and execute a criminal arrest warrant for the corporate official. All employees deterrnined to be illegally present in the United States will be administratively arrested by ICE. All detainees will be triaged by DI-HS for humanitarian issues at the arrest site. Of the 600 anticipated arrests, approximately l20 individuals are expected to be humanitarian cases. Humanitarian cases will be processed for removal at the $05 carom?1 403.002.2217 3/ ?2009 Case 1:12-cv-WDocument 51-6 Filed 03/01/13 Page 3 of 8 Page 2 of 2 arrest site and served Notices to Appear. The United States Attorney?s Office for the Northern District of lawn has indicated that they will not seek the execution of the criminal arrest warrants for any humanitarian cases, however, they will consider a judicial sununons as requested by ICE. in addition, DRO will pursue the possibility of alternate detention methods for humanitarian releases. All non humanitarian detainees will be transported by DRO approximately 90 minutes to the McElroy Auditorium for staging. Upon arrival to the auditorium a secondary triage for humanitarian issues will be conducted by DIHS. Aliens identified with humanitarian concerns will be escorted back to the arrest site subsequent to being processed for removal. The remaining undocumented aliens will then be escorted (50 individuals at a time) to the Pepsi Pavilion (adjacent to the McElroy Auditorium) for processing. The auditorium amenities will include restroom facilities, shower facilities, meals, beds, telephone access and recreational items for the detainees such as televisions and/or movies. In addition, the facility will be able to accommodate consular and attorney visits. Processing will consist of standard administrative removal processing, Miranda warnings, post Miranda questions, and the completion of a criminal prosecution package. Once the aliens are processed for removal and the prosecution packages are completed, aliens will be presented for prosecution to the USAO and to a U.S. Magistrate for initial appearance. It is anticipated that aliens will have their initial appearance immediately after the administrative processing. The court has indicated that it will be able to conduct 50 initial appearances an hour and will start in the morning on Tuesday, May l3, 2008. The USAO anticipates that all of the subjects will be remanded to the custody of the USMS and will be transported by the USMS and DRO to the nearest available detention locations. ICE estimates that 10-45% of aliens will not be prosecuted due to a lack of evidence. Aliens not prosecuted due to a lack of evidence will be turned over to DRO and can be moved to detention centers at the discretion of ICE. ., It is anticipated that the processing will take approximately 48 hours to complete. Some detainees will have their initial appearance within 24 hours of arrest and be tranSported in the USMS custody to a detention facility. The last alien processed should have their initial appearance within 48 hours of arrest before their removal to a detention facility by the USMS. From. Sent: Tuesday, To: . Subject: CV3 Exec Summary April 01, 2008 9:30 PM i; 09-FOIA-14OSDOZZ48 3/1 10009 Case Document 51-6 Filed 03/01/13 Page 4 of 8 From: Forman, Marcy Sent: Monday. March 31 2008 mos PM To: Mars Jul? L: Subject: Fw: Cedar Valley Junction Update .. Here is a summary on todays meeting at the USMS on the Aggriprocessor case. In addition to the summary there are 2 options presented regarding the processing and detention of the aliens. The USAO is requesting a final plan by ICE on Weds for him to present to the magistrate. If possible I would recommend us all convening to discuss the proposed plan and our plans to proceed. Please let me know your thoughts and availability. Thanks Marcy Message Sent: Mon Mar 31 21:02:16 2008 Subject: Fw; Cedar Valley Junction Update Please see below summary of today's Cedar valley Juntion meeting at USMS headquarters. gov-1"? new?nu.? Prom: .- To; .. Sent: Mon Mar 1 20:54:25 2008 Subject: Cedar Valley Junction Update There was a meeting today with ICE, USMS, ODAG and USAO for the Northern District of IOWA regarding the Agriprocessors Operation. ICE was represented by OI, DRO and OPLA. The First Assistant for the Northern District Rich Murphy indicated that he has a meeting this Friday (April 4) with the Chief Judge who has requested a briefing on how the operation will be conducted. Murphy has requested an operation plan from ICE by C08 Wednesday so that he can incorporate it into his presentation. Several issues were brought up that need resolution, however the most important is the ability of ICE to process detainees at the Pepsi Pavilion in a timely manner so that the court schedule will not be delayed. ICE had indicated that processing at the Pepsi Pavilion could not be done overnight. This will result in a delay in processing. As a solution, ICE offered that aliens could all be housed in local jails and then shuttled back and forth to the processing site, temporary court house and detention facilities. The USMS has secured approximately 450 beds in Iowa, ho eve . -., As currently planned, ICE will have approximately 750 criminal ?John Doe" arrests warrants in advance of the operation. We anticipate encountering approximately 600 unauthorized workers at the time of the search warrant. Approximately 20% will be humanitarian, leaving approximately 480 detainees. Pursuant to the USAO, the John Doe warrants will nor be executed until a prosecution package is_completed for each individual. Part of the prosecution package includes a post Miranda interview statement. ICE is proposing to administratively arrest the aliens and then simultaneously do the administrative processing and complete the prosecution package- 3 SEE Case Document 51-6 Filed 03/01/13 Page 5 of 8 There are two Options that have been discussed in order to proceed with this operation. Option 1 Option 1 Pros Option 2- Option 2 Pros a Option 2 Cons At this time, we do not have a consensus within ICE of the parameters by which we can use the processing site. The 0380 was very adamant that ICE ensure the: the prosecution packages will be completed in a timely manner to not interrupt the court schedule. I sugges: we have a meeting within ICE to discuss the two options above so that we can respond to the 0330 by Wednesday. 2 owowuoamzoss Case Document 51-6 Filed 03/01/13 Page 6 of 8 SAC: St. Paul, Minnesota OI OFFICE: RAC Cedar Ra ids Case Agent: Special Agent Co-Case Agent: Special Ag Case Number and Title' A ri Related Case Numb Program Code(s): Synopsis (update 10/17l07): On _Qcteber 16, 2007, SAC Saint Paul Claude Arnold and he hem District of Io.wa The USAO advised that they are ?iily engaged and committed to this investigation. The USAO further reaf?rmed that they intend to pursue and criminally prosecute any and all offences develOped through the ongoing criminal investigation. The USAO also stated that they have briefed Chief United States District Court Judge Linda Reade regarding the ongoing investigation and their expectation that it is anticipated to result in several hundred criminal arrests and subsequent criminal prosecutions within the judicial boundaries of the Northern District of Iowa. Judge Reade indicated full support for the initiative, but pointed out that signi?cant planning and preparation will be required to allow the Court to clear docket time, request additional Judges, Court Reporters, Court Certi?ed Interpreters, support staff, and facilities to conduct Judicial proceedings. It was pointed out that the judicial calendar is prepared many months in advance and as such the enforcement phase of this investigation should be planned for the spring of 2008. Judge Reade further advised that she would be out of the country and unavailable for all of February and half of March 2008. The USAO presented SAC St. Paul with a target date of May/June 2008 for execution of the enforcement phase of this operation as signi?cant planning and preparation is ongoing and will be required to prepare for the execution phase of this investigation. Planning will require the USAO to receive special ?Fast Track? prosecution authorization from the Department. of Justice, along with requests. for additional Attorney and support resources. Critical to the prosecutorial phase will be the drafting of plea agreements with the US. Public Defenders of?ce. As part of their ?Fast Track? program the USAO plans to have structured plea agreements prepared and agreed to in advance of proceedings with the US. Public Defenders Of?ce. Judicial orders of removal are a part of the anticipated plea agreement structure. The concept involves the majority of defendants entering into a plea agreement upon arrest thus expediting the prosecutcrial, judicial, and removai process. RAC Cedar Rapids received an email from ICE HQ regarding the participation of SSAJOIG during this investigation. ICE HQ noted that they had spoken to the HQ SAC 10E Case Document 51-6 Filed 03/01/13 Page 7 of 8 for SSAKOIG and that ICE HQ anticipates SSAJOIG will join the investigation. RAC Cedar Rapids will await this formal notification. RAC Des Moines entered an additional 180 records into the database constructed to track employee information. To date, there have been 841 records entered into the database. It is anticipated that the database will be populated by the end of this week and a hard copy will then be provided to the RAC Cedar Rapids agents to continue adding data as required- Additionally the database will be converted to an. Excel spreadsheet format-that will be provided to SAC HQ to begin records checks with their information. Date(s) of anticipated udieial andlor Enforcement Actions: No judicial. or enforcement actions are anticipated in the next 7 days. JOE 408.000835 Case 51-6 Filed 03/01/13 Page 8 of 8 SAC: St. Paul, Minnesota 01 OFFICE: RAC Cedar Ra ids Iowa Case Agent: Special Agent Co~Case Agent: Special Agent giariia?'fz' Case Number and Title Cedar Valle Junction Related Case Number: Program Code(s): Synopsis (update 03/17/2008): On March 17, 2008, RAC Cedar Rapids met with the USAO, U.S. Probation, the USMS, and the United States District Court staff to include the U.S. Magistrate Judge and U.S. Chief District Court Judge. The parties discussed an overview of charging strategies, numbers of anticipated arrests and prosecutions, logistics, the movement of detainees, and other issues related to the investigation and operation. The Chief District Court Judge requested that ICE and/or USMS ensures that the detainees take showers and are wearing clothing that is not contaminated when appearing in court. The next meeting with the Court will be set for the ?rst week of April. RAC Cedar Rapids eo-ease agent. is working on ascertaining the SAC St. Paul personnel requirements for the proposed enforcement action and the subsequent processing of detainees. RAC Cedar Rapids is awaiting noti?cation of a ?nal lease agreement between DHS and the National Cattle Congress (NCC). RAC Cedar Rapids has created a draft TU request for ?rearms support and safety equipment. The Resident Agent in Charge has forwarded this document to SAC St. Paul for review and forwarding. ICE