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~EPARTMENTOFHOMELANDSECURnY

Immigration and Customs Enforcement
Office of Professional Responsibility
REPORT OF JNVESllGAT10111

2. REPORT NUMBER
001

HB 4200-01 (37), Spec:l1lI Agent HIndboolC

3. T1TLE
SUBJECT, UNKNOWNlUnknownlClvi1 Rights Viol8tJoniBALTIMORE, SALTIMORE, MD
:;:' 4. FINAL RESOLunoN

5. STATUS
Initial Report

6. TYPE OF REPORT

7. RELATED CASES

Allegation

8. TOPIC
Allegation that fugitive apprehension operation was -racial profile- motivated and/or

mandated MD.
9. SYNOPSIS
On February 8,2007,the JIC received an e-mail from U.S ICE Field Office DirectOr (FOD) Marion
DlIlls, MD reporting that ORO officers conducted a fugitive operation as part of "Operation Return
to Sender". Officers arrested 24 HispanIc males gathered at a Iocal.7-Eteven store known to be a
hangout fOr day laborers seekllig employment. Concerns from local groups & IndMduals. Including
CASA of Maryland & Senator Barbara Mikulski, some the circumstances surrounding the
presence of the offteers at the 7-Eleven have come into question. The CASA of Maryland group

or

representing 24 apprehended aliens, are alleging that racia' profiling was utilized & that eMI rights
have bean Violated.

. 11. COMPLETION DATI!

11S. TELEPHONE NUMBER

13.APPR

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Page 20f4

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1. CASE NUMBER

P REPARED BY
{b)(6l. (b)(71G

REPORT OF INVESTIGATION

CONTINUATION
HB 4200001 (37), &ptlGW AglInll'landbook

'"

2. REPORT NUMBER

001

10. NARRATIVE
On February 8,2007,the JIC recelved an e-mail from U.S ICE Field omce Director (FOD) Marlon
DIIUs, MD reporting that ORO officers conducted a fugitive operatIon as part of ·Operation Return
,to Sender". Officers alTested 24 Hispanic males gathered at a local 7-Eleven store known to be a
hangout for day laborers seeking emptoyment. Concerns from local groups & individuals, including
CASA of Maryfand & Senator Barbara Mikulsid t some of the circumstances surrounding the
presence of the officers at the 7-Beven have come Into question. The CASA of Maryland group
represenUng 24 apprehended aliens, are alleging that racial profll1ng was utilized & that cMI rights
have been violated.
Tnls report contains a verbatim copy of relevant material received
<Verbatim begin>

': .'

On January 23, 2007, ORO officers from the Baltimore Field Office conducted a fugitive Operation
as part of the larger "Operation Return to Sender". At the end of the operation. because the
apprehension numbers were lower than had been antiCipated, the Acting Field Office Director,
John A1dennan, ordered the officers back out Into the field make more arrests. The purpose of e
"fugitIve operation" Is to target aliens who are SUbject to final orders of ~moval but who have failed
to depart the U.S. as required. On this pertJcular day. officers arrested 24 Hlspanlc males who had
gathered at a local 7 -Eleven store known to be a hangout for day laborers seeldng employment.
The Inltlai reports provided to upper management. HQDRO, and subsequently folWarded to the
Assistant Secretary Indicated that the fugitive teams had merely pulled Into this 7-Eleven part<ing
lot to "re-group· end/or strategtze before hltung a target IocadOIl and that lhese aliens approached
the officers asking about employment, thereby kicking off questloning abOut alienage and
removabllty. Reports also indicated that 81124 apprehensIOns were made on the grounds of the 7
-Eleven. This Is how the events of the day were reported and how ICEIDRO conveyed the
Information to the media.
However, after a barrage of concerns from local groups and Individuals. Indudlng CASA of .
Maryland and Senator Barbara Mikulski, some of the circumstances surrounding the presence of
the officers at the 7-EI...,_n hA"D..-nmA Ifttn nll""crllnn. In his memorandum submitted to document

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REPORT Of INVESTIGATION

.

. CONTINUATION
liB GXJ-01 (37). SpedaI /IfJllIll HendlJac:*

Page30U

1. CASE NUMBER

2. REPORT NUMBER

001

10. NARRA11VE

the

ICE/ORO does not sanctlon·open-alr Immigration raids which Is what
event of January 23rd
has been termed by the Senator's office. AllegationS by CASA of Maryland. a group representing
the 24 apprehended aliens, are that racia' proming was utilized and that eMI rights have been
violated. CAS A Is considering the flUng of habeas action In federal court In addiUon to motioning
the Immigration oourt to terminate proceedings due to racial profiling. These matters are currently
pending.
d

UAI'YV'\lI:

h:wA hAnn nhtRlnAd from all

offIC9.1'G

who took Dart In the oDeration.

This is being forwarded to the JIC at the direction of the ActIng Assistant Director for Operations.
Calvin McCormick. As the Acting Freid Offlce Director In Baltimore I directed that each officer
involved provides me with a memo relaying the events of the day; these will be forwarded If

requested.
<verbatim end>

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REPORT OF INVESnGAnON
ExhIblt List
I1B 4200-01 (37), $pecIIII AQII'd HIndbook

None

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1. CASE NUMBER

2. REPORT NUMBER

001