Case 1:19-cv-10690 Document 1 Filed 04/10/19 Page 1 of 4 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS ) AMERICAN CIVIL LIBERTIES UNION OF ) MASSACHUSETTS, INC., ) ) Plaintiff, ) ) v. ) ) U.S. IMMIGRATION AND CUSTOMS ) ENFORCEMENT, ) ) Defendant. ) ) ) Civil Action No. _______________ COMPLAINT INTRODUCTION 1. This is an action for the production of public records pursuant to the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552. 2. On February 10, 2019, a senior official of U.S. Immigration and Customs Enforcement (“ICE”) delivered an “Immigration Updates” address to the Legal Affairs Committee of the National Sheriffs’ Association. On February 22, 2019, the ACLU of Massachusetts (“ACLUM”) submitted a FOIA request for certain records related to that address, including for recordings of the address and for associated written remarks, slides, and handouts. To date, ICE has not provided any substantive response to this request, nor has it produced any of the requested records. 3. Production of these records is important to assist the public in understanding the guidance provided by ICE to state and local law enforcement. Among other things, this suit seeks an order requiring ICE to search for and produce the requested records. Case 1:19-cv-10690 Document 1 Filed 04/10/19 Page 2 of 4 PARTIES 1. The American Civil Liberties Union of Massachusetts is a Massachusetts non-profit corporation with its principal place of business in Boston, Massachusetts. ACLUM’s mission is to defend freedoms guaranteed in the Constitution and Bill of Rights and to educate the public about civil liberties and civil rights. ACLUM is committed to principles of transparency and accountability in government. Obtaining information about government activity, analyzing that information, and widely publishing and disseminating it to the press and the public is a critical and substantial component of the ACLUM’s work and one of its primary activities. 2. U.S. Immigration and Customs Enforcement is an organization within the U.S. Department of Homeland Security. JURISDICTION AND VENUE 3. This Court has jurisdiction pursuant to 5 U.S.C. § 552(a)(4)(B) and 28 U.S.C. § 1331. 4. Venue lies in the District of Massachusetts pursuant to 5 U.S.C. § 552(a)(4)(B), including because it is the district in which ACLUM has its principal place of business. FACTS 5. Matthew T. Albence is ICE’s Executive Associate Director for Enforcement and Removal Operations and Senior Official Performing the Duties of Deputy Director.1 6. On February 10, 2019, Mr. Albence delivered an address entitled “Immigration Updates” to the Legal Affairs Committee at the 2019 Winter Legislative and Technology Conference of the National Sheriffs’ Association (the “Address”). See Ex. A (conference agenda and photo appended to FOIA request). 1 https://www.ice.gov/leadership Case 1:19-cv-10690 Document 1 Filed 04/10/19 Page 3 of 4 7. The existence of the Address was publicly disclosed, including through a photograph distributed on Twitter by the Bristol County Sheriff’s Office in Massachusetts. See Ex. A (photo and caption appended to FOIA request). 8. On February 22, 2019, ACLUM submitted a FOIA request to ICE by electronic mail (the “Request”). See Ex. A (Request, exhibits, and transmittal email). 9. Among other things, the Request sought any audio and/or visual recordings of the address, as well as any records containing some or all of the Address (such as prepared remarks) and any slides, powerpoint presentations, or handouts presented with the Address. See Ex. A. 10. Exhibit A to this Complaint is a true and accurate copy of the Request and the email transmitting it. 11. On March 15, 2019, ICE sent an email invoking a 10-day extension to respond to the Request pursuant to 5 U.S.C. § 552(a)(6)(B). See Ex. B. 12. ICE has not provided any other response to the Request, nor has it produced any of the requested records. CLAIM FOR RELIEF Violation of FOIA 5 U.S.C. § 552 13. The foregoing allegations are re-alleged and incorporated herein. 14. Defendant has failed to make reasonable efforts to search for records sought by the Request. 15. Defendant has failed to timely produce any records responsive to the Request. 16. ACLUM has exhausted administrative remedies to the extent required by law. Case 1:19-cv-10690 Document 1 Filed 04/10/19 Page 4 of 4 PRAYER FOR RELIEF Wherefore, Plaintiff asks this Court to GRANT the following relief: 1. Order that ICE shall produce all requested records; 2. Enjoin ICE from charging ACLUM search, review, or duplication fees for processing the Request; 3. Award ACLUM costs and reasonable attorney fees in the action; and 4. Grant such other relief as the Court may deem just and proper. April 10, 2019 Respectfully Submitted, /s/ Daniel L. McFadden Matthew R. Segal (BBO #654489) Daniel L. McFadden (BBO #676612) Jessica Lewis (BBO #704229)* American Civil Liberties Union Foundation of Massachusetts, Inc. 211 Congress Street Boston, MA 02110 (617) 482-3170 msegal@aclum.org dmcfadden@aclum.org jlewis@aclum.org *D. Mass. Admission Pending Case Document 1-1 Filed 04/10/19 Page 1 of 19 EXHIBIT A Case 1:19-cv-10690 Document 1-1 Filed 04/10/19 Page 2 of 19 Daniel McFadden From: Sent: To: Cc: Subject: Attachments: Daniel McFadden Friday, February 22, 2019 4:25 PM 'ice-foia@dhs.gov' Matthew Segal FOIA Request FOIA Request to ICE.pdf To whom it may concern,    Please see the enclosed FOIA request.    Regards,  Dan McFadden    ______________________________________ Dan McFadden Pronouns: he, him, his Staff Attorney American Civil Liberties Union Foundation of Massachusetts 211 Congress Street, Boston, MA 02110 617.482.3170 x171 dmcfadden@aclum.org aclum.org     1 Case 1:19-cv-10690 Document 1-1 Filed 04/10/19 Page 3 of 19 Daniel L. McFadden Staff Attorney (617) 482-3170 ext. 171 dmcfadden@aclum.org   February 22, 2019 Via Electronic Mail Freedom of Information Act Office U.S. Immigration and Customs Enforcement 500 12th Street, SW, Stop 5009 Washington, D.C. 20536-5009 ice-foia@dhs.gov Re: FOIA Request To whom it may concern: This letter constitutes a request pursuant to the Freedom of Information Act (the “FOIA”), 5 U.S.C. § 552. The Request is submitted on behalf of the American Civil Liberties Union of Massachusetts (the “ACLUM”). On or about February 10, 2019, U.S. Immigration and Customs Enforcement (“ICE”) Senior Official Performing the Duties of the Deputy Director Matthew T. Albence delivered an address to participants in the National Sheriffs’ Association conference in Washington, D.C. (the “Address”). See Ex. A (screenshot from Twitter account of Bristol County Sheriff’s Office). The topic of the Address was reportedly “Immigration Updates.” Ex. B. (conference agenda). ACLUM requests the following records: 1. Records containing some or all of the Address, including without limitation any prepared remarks, notes, and outlines, and any drafts thereof. 2. Any slides, powerpoint presentations, and handouts presented or provided in connection with the Address, and any drafts thereof. 3. Any audio and/or visual recordings of the Address. 4. Correspondence, including email correspondence, between or among ICE personnel (including Mr. Albence and his staff) and representatives of the ACLU Foundation of Massachusetts  211 Congress St., Boston, MA 02110 • 617.482.3170 • www.aclum.org  Case 1:19-cv-10690 Document 1-1 Filed 04/10/19 Page 4 of 19 Freedom of Information Act Office February 22, 2019 National Sheriff’s Association concerning the planning, delivery, and/or content of the Address. 5. Correspondence, including email correspondence, between or among ICE personnel (including Mr. Albence and his staff) and any employees or officers of the Commonwealth of Massachusetts (including any Massachusetts Sheriff and/or the employees of any Massachusetts Sheriff’s Department) concerning the planning, delivery, and/or content of the Address. If this request is denied in whole or part, we ask that you justify all deletions by reference to specific exemptions of the FOIA. Please release all segregable portions of otherwise exempt material. We request a fee waiver. ACLUM is a not-for-profit, non-partisan organization dedicated to the principles of liberty and equality. As the Massachusetts affiliate of the national ACLU, a not-for-profit, non-partisan organization, ACLUM distributes information both within and outside of Massachusetts. Gathering and disseminating current information to the public is a critical and substantial component of ACLUM’s mission and work. ACLUM publishes newsletters, news briefings, reports and other printed materials that are disseminated to the public. These materials are widely available to everyone, including tax-exempt organizations, not-for-profit groups, law students and faculty, at no cost. ACLUM also disseminates information through its website1 and regular posts on social media sites such as Facebook and Twitter. Accordingly, ACLUM is a representative of the news media. See 5 U.S.C. § 552(a)(4)(A)(ii)(II); Nat’s Security Archive v. Dep’t of Defense, 880 F.2d 1381, 1387 (D.C. Cir 1989). In addition, ACLUM is entitled to a waiver or reduction of fees because disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government, and disclosure of the information is not primarily in the commercial interest of the requester. See 5 U.S.C. § 552(a)(4)(A)(iii). The public is keenly interested in understanding the scope, nature, cost, and efficacy of ICE’s immigration policies and operations, which have been widely publicized, including frequently by the President himself. We reserve the right to appeal a decision to withhold any information or to deny a waiver of fees. Please provide documents in digital form wherever possible. We look forward to your reply to this request within twenty (20) business days, as required under 5 U.S.C. § 552(a)(6)(A)(i). Thank you for your prompt attention to this matter.                                                         1 www.aclum.org Case 1:19-cv-10690 Document 1-1 Filed 04/10/19 Page 5 of 19 Freedom of Information Act Office February 22, 2019 Sincerely, /s/ Daniel L. McFadden Daniel L. McFadden Case Document 1-1 Filed 04/10/19 Page 6 of 19 EXHIBIT A Case Document 1-1 Filed 04/10/19 Page 7 of 19 Tweet i . . . . q, Bristol County Sheriff 5 Office @ICEgov Deputy Director addressing legal affairs seminar on immigration at @NationalSheriff conference Sunday morning. 10:09 AM - Feb 10, 2019 - Twitter for iPhone Case Document 1-1 Filed 04/10/19 Page 8 of 19 EXHIBIT Case 1:19-cv-10690 Document 1-1 Filed 04/10/19 Page 9 of 19 NATIONAL SHERIFFS’ ASSOCIATION 2019 Winter Legislative & Technology Conference “A National Perspective & Dialogue On Crime and Justice” J. W. Marriott Hotel 1331 Pennsylvania Ave., NW Washington, DC 20004 (202) 393-2000 (202) 626-6991 (Fax) February 9-12, 2019 Friday, February 8 12:00 Noon - 4:00pm Conference Registration Room: Capitol Registration B (B Level) 3:30pm -5.30pm NSA Executive Committee Meeting Room: Treasury (Meetings Level) Saturday, February 9 8:00am - 4:00pm Conference Registration Room: Capitol Registration B (B Level) 8:00am - 9:00pm Committee of Past Presidents Breakfast Meeting TENTATIVE Room: Longworth Room (M Level) 8:00am - 9:00am Breakfast (all Attendees) Room: Capitol Ballroom, Salons D/E (B Level) 12/21/2018 pg. 1 Case 1:19-cv-10690 Document 1-1 Filed 04/10/19 Page 10 of 19 9:00am - 10:00am Seminar – Financial Threats to Law Enforcement & Public Safety: Protecting Your Retirement from Surprise Risk Seminar Sponsored by AFLAC Description: Law enforcement and public safety specialists spend their entire career (20+ years on average) putting their life and health on the line for others. Consequently, your risk for injuries, chronic wear and tear to your body, and critical illnesses increase drastically during your career years. The risk is even greater as you approach, enter, and try to enjoy retirement. Just one catastrophic health event will jeopardize your current income and family financial well-being. More importantly, it can absolutely threaten your retirement income that you’ve been working so many years to build. Consider: • Penalties and interest for early withdrawal; • How will you replace what’s been depleted? • Will there be enough time to rebuild? We will address these concerns and more, so you are prepared for the now, and help protect the future. Presenter: Dawnn M. Johnson Room: Justice (M Level) 9:00am - 11:00am Awards & Ferris E. Lucas Award Workgroup Room: Dirksen Room (M Level) 9.00am – 11.00am Court Security and Civil Process Committee Room: Capitol Ballroom, Salon G (B Level) 9:00am – 11:00am Domestic Violence and Crime Victim Services Committee Room: Capitol Ballroom, Salon F (B Level) 9.00am - 5:00pm IADLEST Meeting Room: State (M Level) 10:15am - 11:45am Seminar – Using Open Data and Emerging Technology to Help Law Enforcement Map Fentanyl Supply Chains Description: C4ADS is a DC based non-profit that conducts data driven analysis into illicit networks around the globe including on topics as diverse as human trafficking, weapons trafficking, and North Korean sanctions evasion. Our team of analysts speaks more than 16 languages, has experience living in countries around the world, and uses emerging technologies to research issues of corruption, crime, and conflict. Our website is available at c4ads.org. Recent research has begun to target illicit networks producing and moving fentanyl into the United States, primarily from China and Mexico. C4ADS seeks to apply the same investigative tools and methodologies used to track North Korean sanctions evasion to fentanyl traffic fueling the opioid crisis in the United States. Using a data driven approach C4ADS analysis highlights the pathways and trends involved in trafficking of fentanyl, typologies on its movement, and most importantly the specific networks and individuals responsible—all using open source, judicially admissible official documentation. By comprehensively mapping the supply chain of fentanyl, C4ADS is seeking to leverage its insight to produce tangible impact on the opioid crisis by providing data to those who can best use it to take action. C4ADS seeks to present initial findings to law enforcement professionals while research is still in its initial stages. This will help us refine our methodology, identify best practices, and understand how our research can best help sheriffs as they combat opioid trafficking. Presenters: David Thompson, Analyst, & Michael Lohmuller Senior Aviation Analyst C4ADS, Room: Justice (M Level) 12/21/2018 pg. 2 Case 1:19-cv-10690 Document 1-1 Filed 04/10/19 Page 11 of 19 11:30am - 1:30pm National Service Associates, Inc. Board of Directors (NSA Inc.) Room: Longworth Room (M Level) 12:00pm - 1.00pm Buffet Lunch (all Attendees) Room: Capitol Ballroom, Salon D/E/F (B Level) 12:00pm - 5:00pm Exhibits Set-up Room: Grand Ballroom (B Level) 1:00pm - 2:00pm Seminar – Nlets - The International Justice and Public Safety Network Description: Sheriffs use Nlets all day and every day. Billions of transactions are conducted over the network. Learn more about everything from criminal histories to ICE LENS notifications to photo queries and hundreds more data sources that you and your staff may not know they have access to. Critical resources they need in the field. Nlets connects 800,000 devices, 1 million users and 45,000 agencies nationally and internationally. Nlets is owned by you! We are governed by the States as a 501c3 corporation. Nlets works with you and industry to keep your officers and citizens safe. Nlets uses state of the art technology and can host your agency's data. We only use about 10% of our available bandwidth so there is so much more we can do with you and for you. This is a must attend session. Presenters: Scott Edson, Executive Director, LA-RICS, & Bonnie Locke, Director, NLETS Room: Justice (M Level) 1:00pm - 3:00pm Education and Awards Committee Room: Capitol Ballroom, Salon G (B Level) 2:15pm - 3:15pm Seminar – Controlling the Narrative: Law Enforcement Use of Social Media Description: A 2018 Pew report noted that almost 70% of adult Americans use Facebook, with many using it as their main source of news and information. If law enforcement agencies are not active on social media platforms (Facebook, Twitter, LinkedIn, Instagram, etc.), they run the risk of allowing their stories and their news to be reported prematurely or inaccurately. This seminar is geared toward giving law enforcement executives reasons why they should be active and engaged on social media, as well as strategies and tips in doing so. Areas of discussion include: reporting LODDs, crisis communications, the investigative possibilities, and community relations, among others. Presenter: Chelsea Rider, Content Strategist, National Sheriffs’ Association Room: Justice (M Level) 2.30pm – 4.30pm Detention & Corrections Committee Room: Capitol Ballroom, Salon F (B Level) 3:15pm - 5:15pm School Safety and Security Committee Room: Capitol Ballroom, Salon G (B Level) 3:30pm - 5:00pm Seminar – Current Trends in Identity Document Fraud Description: This seminar will provide an overview of current trends in identity document fraud from the perspective of the DHS ICE HSI Forensic Laboratory. It will discuss high-quality counterfeit U.S. driver's licenses shipped into the United States from Asia, domestic production of counterfeit U.S. permanent residence cards, and foreign documents used in support of financial crimes. The seminar will provide information on how officers can identify 12/21/2018 pg. 3 Case 1:19-cv-10690 Document 1-1 Filed 04/10/19 Page 12 of 19 suspect documents in the field and demonstrate how they are proven fraudulent in crime laboratory analysis. Seminar participants will have an opportunity to review examples of the types of fraudulent documents discussed in the presentation. Presenters: Carl Lichvarcik, Section Chief, & Jim Ross, Forensic Document Examiner, DHS ICE HIS Forensic Laboratory, Room: Justice (M Level) 4:30 pm – 6:00pm Law Enforcement SupplyPro Reception Room: Capitol Ballroom D/E (B Level) Sunday, February 10 7:00am - 9:00am Exhibits Set-up Room: Grand Ballroom (B Level) 8:00am - 4:00pm Conference Registration Room: Capitol Registration B (B Level) 8:00am - 9:00am Buffet Breakfast (all Attendees & Exhibitors) Room: Capitol Ballroom, Salon D/E/F (B Level) 9:00am - 10:00am Seminar – Avoiding the Litigation Storm: The How’s and What’s of Forecasting Suicide Risk at Intake Seminar Sponsored by Falcon, Inc. Description: This course examines the latest best practices in inmate suicide screenings and assessments, providing guidance to Counties in advancing their intake mental health screening practices, as well as, educating them on best practice suicide risk assessment forms. This course will strengthen the audience’s ability to identify high-risk and suicidal inmates, thoroughly examining best practices in the areas of: assessment/ screening tool relevance, reliability, and validity; risk factors; protective factors; formulation; decision making and action planning. Case conceptualizations are provided, tracking suicidal inmates’ movements through the system from intake, to classification, crisis watch, release from watch, to housing. Various cases are studied demonstrating the efficacy of best practice tools vs. standard, conventional tools. Presenters: Dr. Elizabeth Falcon and Dr. Babatunde Okuleye, Falcon, Inc. Room: Justice (M Level) 9:00am - 11:00am Conference Working Group Room: Treasury (M Level) 9:00am - 12:00pm National Coalition on Violence Against Animals (NCOVAA) Board & Workgroup Room: Russell (M Level) 9:00 am– 3:00pm Exhibits Open Room: Grand Ballroom (B Level) 12/21/2018 pg. 4 Case 1:19-cv-10690 Document 1-1 Filed 04/10/19 Page 13 of 19 9:00 am - 4:00pm Legal Affairs Committee Room: Congressional (L Level) 9:00am - 9:50am Garrity and Garnder Speakers: Kathryn Schroeder, Esq. and Rick Hodsdon, Esq., General Counsel Minnesota Sheriffs’ Association 10:00am - 10:50am Immigration Updates Speaker: Matthew Albence, Deputy Director , U.S. Immigration & Customs Enforcement 11:00am -11:50am K9s from Sniffs to Bites and the Legal Issues Surrounding Them Speaker: Robert P. Faigin, Esq., Director of Legal Affairs/Chief Attorney, San Diego County Sheriff's Department 12:00pm - 1:00pm Lunch 1:00pm - 1:50pm Legal Updates in Today’s Jails Speaker: Carrie Hill, Esq., Director of Jail Operations, National Sheriffs’ Association 2:00pm - 2:50pm U.S. Department of Justice Supporting Law Enforcement. Speaker: Steven H. Cook, Associate Deputy Attorney General, Director of the Office of Law Enforcement Affairs 3:00pm - 3:50pm Legal Affairs Committee Meeting Chair: Sheriff Greg Champagne, Sheriff, St. Charles Parish, Louisiana 9:00am - 5:00pm IADLEST Meeting Room: State (M Level) 9.00am - 5:00pm Department of Homeland Security Leadership Academy (DHSLA) Certification (Must sign up in advance, see registration form) Description: This training is for state, local and tribal law enforcement executives and command leadership (not Sheriffs) seeking to get their certification in Homeland Security who are either alumni of, or anticipate attending the two week Department of Homeland Security Leadership Academy (DHSLA), conducted in partnership with the Department of Homeland Security, Federal Law Enforcement Training Centers (FLETC), in Glynco, Georgia. HSLA tuition and travel is fully funded by FLETC and attendees are selected via collaboration between FLETC and NSA. Room: Cannon (M Level) 9:30 am- 11:30am Spouses Lounge Room: Presidential Suite (Room 1231) 12/21/2018 pg. 5 Case 1:19-cv-10690 Document 1-1 Filed 04/10/19 Page 14 of 19 10:15am - 11:45am Seminar – Cyber Basics and Resources for Law Enforcement Executives Description: Cyber can pose a threat to a Sheriff’s Office, business or government agency. It can also be a crime, used for intelligence, and build community relations.Learn the cyber basics that every law enforcement executive needs to know, and the resources that are available that can assist you in protecting your Office, your community, and enhance your Office’s capabilities. Presenter: Bray Barnes, Natoional Sheriffs’ Association, Global Center for Public Safety Institute for Cybersecurity Room: Justice (M Level) 10:00am - 12:00noon Outreach Committee Room: Capitol Ballroom, Salon G (B Level) 10:00 AM - 12:00noon Drug Enforcement Committee Room: Longworth (M Level) 11:30am - 1:30pm GSHNSP (Global Society for Homeland & National Security Professionals) Luncheon (Invitation only) Room: Dirksen (M Level) 12:00noon - 1:00pm Buffet Lunch (all Attendees & Exhibitors) Room: Capitol Ballroom, Salon D/E/F (B Level) 1:00pm - 2:00pm Seminar – Motivations to Serve: Who Volunteers in Policing and Why Description: Drawing on information from a national survey of volunteer police in sheriffs’ offices in the USA and two national surveys completed in the UK, this presentation identifies the types of individuals who volunteer to serve as volunteer police officers within their communities, and why they perform in these roles. It also provides a demographic picture of police and sheriff office volunteers, (including gender, race, and employment, and certifications external to their policing role), their rationale for volunteering, and the skills that they bring to their voluntary roles. Recent data shows that, in the UK, the numbers of Special Constables are falling and a similar situation may be affecting volunteer police in the US. The presentation will examine these challenges, alongside dimensions of diversity of police volunteers, and of engagement of police volunteering across communities, and provide an opportunity for discussion. Presenter: Dr. Ross Wolf, Associate Dean, University of Central Florida Room: Justice (M Level) 1:00pm – 3.00pm Animal Cruelty and Abuse Committee Room: Commerce (M Level) 1:00pm – 3.00pm Youth and Juvenile Justice Committee Room: Treasury (M Level) 1:00pm - 4:00pm Emerging Technology and CJIS Committee Room: Longworth (M Level) 1:00pm - 4:00pm Governmental Affairs Committee 12/21/2018 pg. 6 Case 1:19-cv-10690 Document 1-1 Filed 04/10/19 Page 15 of 19 Room: Capitol Ballroom, Salon G (B Level) 2:15pm – 3:15pm Seminar - Best Practices for Working with Immigrant Crime Victims Description: This workshop will provide law enforcement with an overview of language access requirements under Title VI. We will also provide concrete examples of the steps law enforcement agencies can take to improve language access in response to limited English proficient victims. Participants will discuss key elements of language access plans and learn from faculty and fellow participants about steps being taken in agencies across the country to improve language access for immigrant victims of domestic and sexual violence. The workshop will include discussions through case studies of the impact that lack of language access has on criminal investigations, successful prosecutions and brief overview of access to legal protections for immigrant victims. Presenters: Rocio Molina, Mike LaRiviere Room: Justice (M Level) 3:30pm - 5:00pm Seminar – The Critical Role of Mentoring in Recruiting African-American Law Enforcement Officers: Findings from a 5-University Study Description: The challenge of personnel recruiting persists among law enforcement agencies of varying size, region, and jurisdictional character. This challenge is particularly acute with respect to potential AfricanAmerican applicants who may face a host of specific community forces which dissuade them from wanting to be law enforcement officers. In this presentation, data from a survey of five major university criminal justice programs about the barriers to entry for African-American applicants illustrates potential promising practices agencies can use to reach potential recruits from African-American communities, namely the role of the recruiter as mentor. Findings from the study and application to workforce management strategies are discussed. Presenter: Charlie Scheer, Assistant Professor, The University of Southern Mississippi Room: Justice (M Level) 4:00pm - 5:00pm Pegasus Group Room: Commerce (M Level) 4:30pm - 5:30pm Congressional Briefing Room: Dirksen (M Level) 6:00 pm President’s Welcome Reception/Kentucky Derby Party Room: Capitol Ballroom (B Level) Monday, February 11 7:30am - 4:00pm Conference Registration Room: Capitol Registration B (B Level) 7:00am - 8:00am Buffet Breakfast (all Attendees & Exhibitors) Room: Capitol Ballroom, Salon D/E/F (B Level) 8:00am - 9:00am Seminar – Enhancing Organizational Ethics and Leadership to deter Corruption and Serious Misconduct Description: In simplest terms, police deviance can be defined as disregarding agency policy, rules and regulations, societal expectations, and/or criminal law. The author poses a new typology consisting of five basic 12/21/2018 pg. 7 Case 1:19-cv-10690 Document 1-1 Filed 04/10/19 Page 16 of 19 types of police deviance: 1) Police Corruption, 2) Police Criminality, 3) Excessive Use of Force, 4) Abuse of Authority and 5) Police Misconduct. The different categories of police deviance as it relates to the experiences within the NYPD, the LAPD and other American metropolitan police agencies over the last 50 years will be comprehensively outlined and analyzed in an attempt to determine if an evaluation of police misconduct through sociological perspectives would prove to be useful in formulating practical policy recommendations to deter corruption, criminal behavior, and serious abuses, and to enhance leadership and integrity within law enforcement agencies. Policy implications include enhanced pre-employment screening criteria, leadership training and supervisory deployment strategies, and other mechanisms proven to enhance organizational professional standards and overall effectiveness. Presenters: James F. Albrecht, Police Chief (ret.) / Professor, New York City Police Department, & Hakan S. Can, Police Chief (ret. )/Professor, Turkish National Police Room: Justice (M Level) 8:00am – 12:00pm IADLEST Meeting Room: State (M Level) 8:00am – 12:00pm Exhibits Open Room: Grand Ballroom (B Level) 8:00 AM – 12:00 PM NIBRS Transition Task Force Meeting Room: Congressional (L Level) 8:00am - 3:00pm Committee of State Sheriffs’ Associations Room: Capitol Ballroom, Salon G (B Level) 8:00am – 10:00am National Tactical Officers Association (NTOA) Seminar – Legal Updates; Use of Force Description: The recent push among some influential individuals and organizations to modify law enforcement use of force standards has initiated much conversation and debate about the need and the ramifications of such changes. How would the changing of words in a statute affect the realities of force in a patrol or correctional setting? What challenges might arise for officers and deputies if legal standards are modified and what would the impact be on agencies? This and other current legal topics will be presented by two of the premier law enforcement/corrections defense attorneys in the United States. Presenters: Eric Daigle, Esq. Legal Section Chair, NTOA, Carrie Hill, Esq, Director, National Center for Jail Operations, NSA Room: Senate (L Level) 9:00 am - 11:00 am Immigration Committee Room: Penn Avenue Terrace (L Level) 9:15am - 10:15am Seminar – What The Collaborative Reform Initiative Technical Assistance Center Can Do For Your Sheriffs Office Description: The Collaborative Reform Initiative Technical Assistance Center (CRI-TAC), a partnership between the COPS Office, the IACP and 8 partner organizations, provides customized training and technical assistance at no cost to Sheriff’s Offices. Advance the practice of community policing with our resource referral, web-based training, in-person training, virtual mentoring, meeting facilitation, or on-site consultation; all delivered by a cadre of subject matter experts. Join this discussion of lessons learned from the field and hear how you can request assistance from the CRI-TAC. Presenter: Hillary Burgess, Project Manager, Programs, & Becky Stickley, Program Manager, Programs, 12/21/2018 pg. 8 Case 1:19-cv-10690 Document 1-1 Filed 04/10/19 Page 17 of 19 International Association of Chiefs of Police Room: Justice (M Level) 10:00am – 12:00pm NTOA Seminar-Law Enforcement Response to Suicidal Subjects: Legal Realities and Options Description: This course is designed to educate police personnel on the legalities and challenges faced when responding to suicidal subjects. Unique perspectives are provided in order to provoke discussion within agencies to have a true understanding of the relevant Constitutional requirements. Case law examples are provided as talking points to assist in guiding policy and response decision-making. In addition, model programs from throughout the United States are presented as potential options for agencies to consider. Presenters: Thor Eells, Executive Director, NTOA; Don Kester, Director of Training and Education, NTOA Room: Senate (L Level) 10:30am - 12:00noon Seminar - Maintaining Order While Supporting Recovery: Blueprints for a High-Performing and Trauma-Informed Jail Description: This course examines the physical and psychological trauma inherent in jail settings, which impacts both inmates and staff alike. Understanding the causes and impacts of trauma, and becoming trauma-informed in our jails, is not only critical in the effective management and treatment of inmates but also creating resilience in the facility workforce. Inmates are confronted with daily traumatic events that positively correlates with arrests; increases risks of recidivism; exacerbates PTSD symptomology; and facilitates re-traumatization. Officers and deputies are confronted with daily challenges in the form of dangerous inmates, staffing problems, mandatory overtime, outside scrutiny, and many other toxic stressors that can make their work overwhelming. This interactive workshop educates attendees on these toxic stressors, focusing on: 1) consciously creating, recognizing, understanding and minimizing inmates and staff exposure to traumatic events; 2) understanding the prevalence of trauma, recognizing how trauma affects individuals in the system, putting this knowledge into practice and utilizing all staff (security, healthcare, mental- health) to deliver trauma-informed care; 3) Understanding the differences between Trauma-Informed Service and Trauma-Specific Treatment; 4) the importance of self-care, wellness programs and activities. Presenters: Dr. Robin Timme and Dr. David Stephens Room: Justice (M Level) 12:00pm - 1:00pm Buffet Lunch (all Attendees & Exhibitors) Room: Capitol Ballroom, Salon D/E/F (B Level) 12:00pm – 4:00pm NTOA Seminar-MAGNNUS Pi2: Turbocharging Star Performance Leadership Description: This workshop introduces MAGNNUS Pi2”as a theoretical and practical counter VUCA imperative to maximize deputies and officers’ star performance leadership for enhanced resiliency and outcomes. Building on Colonel Boyd’s OODA Loop and Reversal Theory, the workshop provides a set of comprehensive Situational, Cognitive and Emotional dominance tools to activate positive brain and deep emotional intelligence l12/21/2018eading to Results with Confidence. The speakers have over 90 years of combined experience teaching and implementing the imperatives offered in the course to all facets of law enforcement including corrections, patrol and special operations. The course is highly recommended for personnel of all ranks. Presenters: Thor Eells, Executive Director, NTOA; Don Kester, Director of Training, NTOA Room: Senate (L Level) 1:00pm - 2:00pm Seminar - Medication-Assisted Treatment (MAT) in Today’s Jails Description: Presenter: Dr. Brent Gibson (NCCHC); Carrie Hill (NSA) Room: Justice (M Level) 1:00pm - 3:00pm 12/21/2018 pg. 9 Case 1:19-cv-10690 Document 1-1 Filed 04/10/19 Page 18 of 19 Traffic Safety Committee Room: Treasury (M Level) 2:15pm - 3:15pm Seminar Seminar Sponsored by Alkermes Description: Presenters: Room: Justice (M Level) 2:00pm - 5:00pm Homeland Security Committee Room: Grand Ballroom Salons III/IV (B Level) 3:00pm - 5:00pm Constitution and Bylaws Committee Room: Commerce (M Level) 3:30pm - 5:00pm Seminar – Operating an Unmanned Aircraft in the National Airspace System Description: Representatives from the Federal Aviation Administration's unmanned aircraft Integration office in Washington DC will present an presentation on how a public safety agency can legally operate Unmanned Aircraft Systems (UASs) in the National Airspace System (NAS) as well as a presentation by the FAA's Law Enforcement Assistance Program (LEAP) on the legal authority of public safety in responding to UA operations by the general public and Media outlets. Presenters: Michael O’Shea, UAS Integration Office Program Manager, Federal Aviation Administration, & Steven Pansky, Senior Aviation Analyst, SAIC/FAA Room: Justice (M Level) 5:00pm - 6:00pm Plenary Session Speaker: TBD Staff Liaison: Mirmelstein, Schmidt Room: Grand Ballroom, Salon s I/II (B Level) Tuesday, February 12 8:00am - 4:00pm Conference Registration Room: Capitol Registration B (B Level) 8:00am - 4:00pm Homeland Security Training & Certification – (By invitation only) Room: Congressional 9:30am - 4:00pm NSA Executive Committee, Board of Directors and Past Presidents Room: Grand Ballroom, Salons III/IV (B Level) 12:00noon - 1:15pm Luncheon for NSA Executive Committee, Board of Directors and Past Presidents and Committee of State Sheriffs’ Associations 12/21/2018 pg. 10 Case 1:19-cv-10690 Document 1-1 Filed 04/10/19 Page 19 of 19 Room: Grand Ballroom, Salon II (B Level) 6:00pm - 8:00pm NSA President’s Reception Hosted by NSA President, Sheriff (Ret.) John Layton, Marion Co., IN Room: Penn Ave. Terrace (L Level) 12/21/2018 pg. 11 Case Document 1-2 Filed 04/10/19 Page 1 of 3 EXHIBIT Case 1:19-cv-10690 Document 1-2 Filed 04/10/19 Page 2 of 3 Daniel McFadden From: Sent: To: Subject: ice-foia@dhs.gov Friday, March 15, 2019 12:54 PM Daniel McFadden ICE FOIA Request 2019-ICFO-30758 March 15, 2019 Dan McFadden American Civil Liberties Union of Massachusetts 211 Congress Street Boston, MA 02110 RE: ICE FOIA Case Number 2019-ICFO-30758 Dear McFadden: This acknowledges receipt of your February 22, 2019, Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), for On or about February 10, 2019, U.S. Immigration and Customs Enforcement (“ICE”) Senior Official Performing the Duties of the Deputy Director Matthew T. Albence delivered an address to participants in the National Sheriffs’ Association conference in Washington, D.C. (the “Address”). See Ex. A (screenshot from Twitter account of Bristol County Sheriff’s Office). The topic of the Address was reportedly “Immigration Updates.” Ex. B. (conference agenda). ACLUM requests the following records: 1. Records containing some or all of the Address, including without limitation any prepared remarks, notes, and outlines, and any drafts thereof. 2. Any slides, powerpoint presentations, and handouts presented or provided in connection with the Address, and any drafts thereof. 3. Any audio and/or visual recordings of the Address. 4. Correspondence, including email correspondence, between or among ICE personnel (including Mr. Albence and his staff) and representatives of the Freedom of Information Act Office February 22, 2019 National Sheriff’s Association concerning the planning, delivery, and/or content of the Address. 5. Correspondence, including email correspondence, between or among ICE personnel (including Mr. Albence and his staff) and any employees or officers of the Commonwealth of Massachusetts (including any Massachusetts Sheriff and/or the employees of any Massachusetts Sheriff’s Department) concerning the planning, delivery, and/or content of the Address.. Your request was received in this office on March 15, 2019. Due to the increasing number of FOIA requests received by this office, we may encounter some delay in processing your request. Per Section 5.5(a) of the DHS FOIA regulations, 6 C.F.R. Part 5, ICE processes FOIA requests according to their order of receipt. Although ICE’s goal is to respond within 20 business days of receipt of your request, the FOIA does permit a 10- day extension of this time period. As your request seeks numerous documents that will necessitate a thorough and wide-ranging search, ICE will invoke a 10-day extension for your request, as allowed by Title 5 U.S.C. § 552(a)(6)(B). If you care to narrow the scope of your request, please contact our office. We will make every effort to comply with your request in a timely manner. Provisions of the FOIA allow us to recover part of the cost of complying with your request. We shall charge you for records in accordance with the DHS Interim FOIA regulations as they apply to commercial requesters. As a commercial requester, you will be charged 10 cents per page for duplication, and for search and review time at the per quarter-hour rate ($4.00 for clerical personnel, $7.00 for professional personnel, $10.25 for managerial personnel) of the searcher and reviewer. We will construe the submission of your request as an agreement to pay up to $25.00. You will be contacted before any further fees are accrued. We have queried the appropriate program offices within ICE for responsive records. If any responsive records are located, they will be reviewed for determination of releasability. Please be assured that one of the processors in our office will respond to your request as expeditiously as possible. We appreciate your patience as we proceed with your request. Your request has been assigned reference number 2019-ICFO-30758. Please refer to this identifier in any future correspondence. To check the status of an ICE FOIA/PA request, please visit http://www.dhs.gov/foia-status. Please note that to check the status of a request, you must enter the 2019-ICFO-XXXXX tracking number. If you need any further assistance or would like to discuss any aspect of your request, please contact the FOIA office. You may send an e-mail to ice-foia@ice.dhs.gov, call toll free (866) 633-1182, or you may contact our FOIA Public Liaison, Fernando Pineiro, in the same manner. Additionally, you have a right to right to seek dispute resolution services from the Office of Government Information Services (OGIS) which mediates disputes between FOIA requesters and Federal agencies as a non-exclusive alternative to litigation. If you are requesting access to your own records (which is considered a Privacy Act request), you should know that OGIS does not have the authority to handle requests made under the Privacy Act of 1974. You may contact OGIS as follows: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001, e-mail at ogis@nara.gov; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769. 1 Case 1:19-cv-10690 Document 1-2 Filed 04/10/19 Page 3 of 3 Regards, ICE FOIA Office Immigration and Customs Enforcement Freedom of Information Act Office 500 12th Street, S.W., Stop 5009 Washington, D.C. 20536-5009 Telephone: 1-866-633-1182 Visit our FOIA website at www.ice.gov/foia 2 Case 1:19-cv-10690 Document 1-3 Filed 04/10/19 Page 1 of 1 CIVIL COVER SHEET JS 44 (Rev. 06/17) The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) I. (a) PLAINTIFFS DEFENDANTS American Civil Liberties Union of Massachusetts (b) County of Residence of First Listed Plaintiff U.S. Immigration and Customs Enforcement Suffolk County of Residence of First Listed Defendant (EXCEPT IN U.S. PLAINTIFF CASES) NOTE: (c) Attorneys (Firm Name, Address, and Telephone Number) (IN U.S. PLAINTIFF CASES ONLY) IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. Attorneys (If Known) Matthew R. Segal, Daniel L. McFadden, ACLU Foundation of Massachusetts, 211 Congress St., Boston, MA 02110, 617-482-3170 II. BASIS OF JURISDICTION (Place an “X” in One Box Only) ’ 1 U.S. Government Plaintiff ’ 3 Federal Question (U.S. Government Not a Party) ’ 2 U.S. Government Defendant ’ 4 Diversity (Indicate Citizenship of Parties in Item III) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff (For Diversity Cases Only) PTF Citizen of This State ’ 1 ’ ’ ’ ’ ’ ’ 2 ’ 2 Incorporated and Principal Place of Business In Another State ’ 5 ’ 5 Citizen or Subject of a Foreign Country ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6 ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ Click here for: Nature of Suit Code Descriptions. TORTS 110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment & Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted Student Loans (Excludes Veterans) 153 Recovery of Overpayment of Veteran’s Benefits 160 Stockholders’ Suits 190 Other Contract 195 Contract Product Liability 196 Franchise REAL PROPERTY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property ’ ’ ’ ’ ’ ’ ’ PERSONAL INJURY 310 Airplane 315 Airplane Product Liability 320 Assault, Libel & Slander 330 Federal Employers’ Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury 362 Personal Injury Medical Malpractice CIVIL RIGHTS 440 Other Civil Rights 441 Voting 442 Employment 443 Housing/ Accommodations 445 Amer. w/Disabilities Employment 446 Amer. w/Disabilities Other 448 Education and One Box for Defendant) PTF DEF Incorporated or Principal Place ’ 4 ’ 4 of Business In This State Citizen of Another State IV. NATURE OF SUIT (Place an “X” in One Box Only) CONTRACT DEF ’ 1 FORFEITURE/PENALTY PERSONAL INJURY ’ 365 Personal Injury Product Liability ’ 367 Health Care/ Pharmaceutical Personal Injury Product Liability ’ 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY ’ 370 Other Fraud ’ 371 Truth in Lending ’ 380 Other Personal Property Damage ’ 385 Property Damage Product Liability PRISONER PETITIONS Habeas Corpus: ’ 463 Alien Detainee ’ 510 Motions to Vacate Sentence ’ 530 General ’ 535 Death Penalty Other: ’ 540 Mandamus & Other ’ 550 Civil Rights ’ 555 Prison Condition ’ 560 Civil Detainee Conditions of Confinement ’ 625 Drug Related Seizure of Property 21 USC 881 ’ 690 Other LABOR ’ 710 Fair Labor Standards Act ’ 720 Labor/Management Relations ’ 740 Railway Labor Act ’ 751 Family and Medical Leave Act ’ 790 Other Labor Litigation ’ 791 Employee Retirement Income Security Act BANKRUPTCY ’ 422 Appeal 28 USC 158 ’ 423 Withdrawal 28 USC 157 PROPERTY RIGHTS ’ 820 Copyrights ’ 830 Patent ’ 835 Patent - Abbreviated New Drug Application ’ 840 Trademark SOCIAL SECURITY ’ 861 HIA (1395ff) ’ 862 Black Lung (923) ’ 863 DIWC/DIWW (405(g)) ’ 864 SSID Title XVI ’ 865 RSI (405(g)) FEDERAL TAX SUITS ’ 870 Taxes (U.S. Plaintiff or Defendant) ’ 871 IRS—Third Party 26 USC 7609 IMMIGRATION ’ 462 Naturalization Application ’ 465 Other Immigration Actions OTHER STATUTES ’ 375 False Claims Act ’ 376 Qui Tam (31 USC 3729(a)) ’ 400 State Reapportionment ’ 410 Antitrust ’ 430 Banks and Banking ’ 450 Commerce ’ 460 Deportation ’ 470 Racketeer Influenced and Corrupt Organizations ’ 480 Consumer Credit ’ 490 Cable/Sat TV ’ 850 Securities/Commodities/ Exchange ’ 890 Other Statutory Actions ’ 891 Agricultural Acts ’ 893 Environmental Matters ’ 895 Freedom of Information Act ’ 896 Arbitration ’ 899 Administrative Procedure Act/Review or Appeal of Agency Decision ’ 950 Constitutionality of State Statutes V. ORIGIN (Place an “X” in One Box Only) ’ 1 Original Proceeding ’ 2 Removed from State Court ’ 3 ’ 6 Multidistrict Litigation Transfer (specify) Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): Remanded from Appellate Court ’ 4 Reinstated or Reopened ’ 5 Transferred from Another District ’ 8 Multidistrict Litigation Direct File 5 USC sec. 552 VI. CAUSE OF ACTION Brief description of cause: Freedom of Information Act ’ CHECK IF THIS IS A CLASS ACTION VII. REQUESTED IN UNDER RULE 23, F.R.Cv.P. COMPLAINT: VIII. RELATED CASE(S) (See instructions): IF ANY JUDGE DATE CHECK YES only if demanded in complaint: ’ Yes ’ No JURY DEMAND: DEMAND $ DOCKET NUMBER SIGNATURE OF ATTORNEY OF RECORD /s/ Daniel L. McFadden 04/10/2019 FOR OFFICE USE ONLY RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE Case 1:19-cv-10690 Document 1-4 Filed 04/10/19 Page 1 of 1 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS 1. Title of case (name of first party on each side only) American Civil Liberties Union of Massachusetts v. U.S. Immigration and Customs Enforcement 2. Category in which the case belongs based upon the numbered nature of suit code listed on the civil cover sheet. (See local rule 40.1(a)(1)). ✔ I. 160, 400, 410, 441, 535, 830*, 835*, 850, 891, 893, R.23, REGARDLESS OF NATURE OF SUIT. II. 110, 130, 190, 196, 370, 375, 376, 440, 442, 443, 445, 446, 448, 470, 751, 820*, 840*, 895, 896, 899. III. 120, 140, 150, 151, 152, 153, 195, 210, 220, 230, 240, 245, 290, 310, 315, 320, 330, 340, 345, 350, 355, 360, 362, 365, 367, 368, 371, 380, 385, 422, 423, 430, 450, 460, 462, 463, 465, 480, 490, 510, 530, 540, 550, 555, 560, 625, 690, 710, 720, 740, 790, 791, 861-865, 870, 871, 890, 950. *Also complete AO 120 or AO 121. for patent, trademark or copyright cases. 3. Title and number, if any, of related cases. (See local rule 40.1(g)). If more than one prior related case has been filed in this district please indicate the title and number of the first filed case in this court. 4. Has a prior action between the same parties and based on the same claim ever been filed in this court? YES 9 NO 9✔ 5. Does the complaint in this case question the constitutionality of an act of congress affecting the public interest? §2403) YES 9 NO ✔ 9 YES 9 NO 9 (See 28 USC If so, is the U.S.A. or an officer, agent or employee of the U.S. a party? 6. Is this case required to be heard and determined by a district court of three judges pursuant to title 28 USC §2284? YES 9 NO ✔ 9 7. Do all of the parties in this action, excluding governmental agencies of the United States and the Commonwealth of Massachusetts (“governmental agencies”), residing in Massachusetts reside in the same division? - (See Local Rule 40.1(d)). YES A. ✔ 9 NO 9 If yes, in which division do all of the non-governmental parties reside? Eastern Division B. 9✔ Central Division 9 Western Division 9 If no, in which division do the majority of the plaintiffs or the only parties, excluding governmental agencies, residing in Massachusetts reside? Eastern Division 9 Central Division 9 Western Division 9 8. If filing a Notice of Removal - are there any motions pending in the state court requiring the attention of this Court? (If yes, submit a separate sheet identifying the motions) YES 9 NO 9 (PLEASE TYPE OR PRINT) ATTORNEY'S NAME ADDRESS Daniel L. McFadden ACLU Foundation of Massachusetts, 211 Congress St., Boston, MA 02110 TELEPHONE NO. 617 482 3170 (CategoryForm1-2019.wpd )