Assistant Secretary for Legislative Affairs

U.S. Department of Homeland Security Washington, DC 20528

August 11, 2020

The Honorable Tammy Duckworth United States Senate Washington, DC 20510

Dear Senator Duckworth:

Thank you for your August 5, 2020 letter concerning the assignment of law enforcement personnel from U.S. Immigration Customs Enforcement (ICE) Homeland Security Investigations (HSI) to support the U.S. Department of Justice (DOJ) and state and local law enforcement investigations into violent crime as part of Operation LeGend in the City of Chicago. While the Department of Homeland Security (DHS or the Department) may respond to your letter in the future with additional details, it is appropriate at this time to address the training, authority, and accomplishments of our DHS special agents and officers operating worldwide—including in Chicago and Portland. The Acting Secretary has asked that I respond on his behalf.

You have stated in your letter that you “are troubled by reports that DOJ law enforcement resources will be supplemented by DHS ICE HSI.” You have further expressed your “concern[] that the activities and behavior of HSI personnel may jeopardize the mission and undermine intergovernmental coordination.” With respect, your concerns about ICE HSI special agents are unfounded.

First, ICE HSI special agents and officers are duly-trained professionals who support and defend our Homeland with their utmost dedication. In 2010, HSI was formed within ICE from aspects of ICE’s existing Offices of Investigations, Intelligence, and International Affairs. HSI’s workforce includes special agents, analysts, auditors, and support staff. Its steadfast professionals are assigned to cities throughout the United States and to offices worldwide. Furthermore, HSI’s international force is DHS’s largest investigative presence abroad and gives HSI one of the largest global footprints among U.S. law enforcement.

By enacting 19 U.S.C. § 1589a, Congress has conferred on HSI significant authority to enforce a wide range of federal statutes. HSI deploys this authority to investigate all manner of cross-border criminal activity, including:

• Financial crimes, money laundering and bulk cash smuggling; • Commercial fraud and intellectual property theft; • Cyber-crimes; • Human rights violations; • Human smuggling and trafficking; • Immigration, document and benefit fraud; • Narcotics and weapons smuggling and trafficking; Page 2

• Transnational gang activity; • Child exploitation; • Export enforcement; and • International art and antiquity theft.

HSI uses a versatile and nimble approach to optimize its results and to deliver for the American people.

The training required to become an HSI special agent is rigorous and demanding. Special agent-trainees must pass both the Federal Law Enforcement Training Center’s (FLETC) Criminal Investigator Training Program (CITP) and the Homeland Security Investigations Special Agent Training (HSISAT). Both CITP and HSISAT are accredited by the Federal Law Enforcement Training Accreditation (FLETA) Board.

CITP is a 56-day program that provides HSI special agent-trainees, along with criminal investigators from other federal agencies, with an understanding of basic criminal investigative techniques. After successfully completing CITP, special agent-trainees commence HSISAT, a 71- day program managed by the HSI academy and taught by experienced HSI special agents who serve as subject-matter experts in various investigative programmatic areas. During the training process, special agent-trainees are instructed in depth on pertinent topics spanning the gamut, such as: criminal law, enforcement operations, customs and immigration law, border search authority, cyber- crimes, child exploitation, human smuggling and trafficking investigations, counter-proliferation investigations, transnational gang investigations, national security investigations, firearms, defensive tactics, subject control, and tactical building entries. The special agent-trainees are assessed through written exams, practical exercises, and arduous physical fitness training. Only after fulfilling these requirements are the HSI special agent-trainees bestowed with the appropriate credentials.

Therefore, any doubts concerning the training, authority or professionalism of our ICE HSI special agents are completely misplaced. There is no basis to state their involvement could, in your words, “jeopardize the mission and undermine intergovernmental coordination.”

Second, any concern regarding collaboration between HSI and DOJ in the City of Chicago is belied by the success that HSI has had in combatting crime in Chicago:

• Over the last three fiscal years (FY 2017 – FY 2019), HSI Chicago has made 130 arrests for financial crimes, 229 arrests for drug crimes, 490 arrests for gang-related crimes, and over 1,368 criminal arrests overall. • Over the last three fiscal years (FY 2017 – FY 2019), HSI Chicago has obtained 858 indictments, secured 756 convictions, and seized 8,143 weapons, 7,474 pounds of drugs, and over $27 million.

ICE HSI’s record in Chicago speaks for itself. And given the alarming increase in crime in Chicago, ICE HSI’s work is needed now more than ever.

Third, as I have said on numerous occasions, we generally enjoy close cooperation with our state and local law-enforcement partners. This includes the cooperation that exists between the Department and the local law-enforcement authorities in Chicago. However, were circumstances to Page 3 evolve and an increase in DHS law enforcement presence become warranted, we would coordinate that increase with local and state leaders in Chicago and the State of Illinois, respectively.

Fourth, I also wanted to address the issue of DHS law enforcement officers in Portland, Oregon. As you know, pursuant to § 1315, the Federal Protective Service (FPS) protects over 9,000 federal facilities every day, a role that FPS has been performing at the Hatfield Courthouse in Portland since it opened in 1997. Congress, by enacting 40 U.S.C. § 1315, authorizes the Secretary to deploy DHS law enforcement personnel in order to protect federal property and persons on that property.1 Joining their FPS colleagues to fulfill DHS’s mission in Portland, ICE HSI special agents, ICE Enforcement and Removal Operations (ERO) agents, and U.S. Customs and Border Protection (CBP) officers were cross-designated and deployed there.

For over 60 days the violent rioters in Portland vandalized and set on fire federal property and assaulted federal officers with hammers, lasers, baseball bats, fireworks, Molotov cocktails, chemicals and other weapons. Due to this constant onslaught, as of August 8, 2020, DHS professionals have suffered more than 300 separate injuries, such as:

• 113 eye injuries because the officers were targeted with higher power laser-pins causing momentary blindness, blurred vision, dark spots in their vision and headaches. • 96 hearing injuries. • 72 injuries from officers’ contacts with objects due to the violence. This includes officers’ injuries caused by commercial-grade fireworks and 3rd degree burns inflicted by violent anarchists and opportunists. One FPS special agent even received several burns to his upper right torso and extremities from an undetermined liquid that a perpetrator threw at him. • 9 knee injuries. • 4 sprains or muscular strains. • 2 lacerations. • 2 back injuries. • 2 toe injuries. • 1 foot fracture due to nails that were purposely placed at the front entrance of the Hatfield Courthouse. • 1 shoulder injury. • 1 groin injury. • 1 thumb injury.

1 Of course, 40 U.S.C. § 1315 was enacted pursuant to Congress’ constitutional authority. Page 4

DHS remains wholly committed to ensuring the rights of peaceful protestors and conducts all activities in full compliance with federal law. The Acting Secretary and DHS leadership are proud of our brave and selfless officers and of our federal, state and local partners.

Thank you for your interest in this issue. An identical response will be provided to the co- signer of your letter. Should you have any further questions, please contact the Office of Legislative Affairs at (202) 447-5890.

Sincerely,

Beth Spivey Assistant Secretary

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