Leah Hastings v. Plymouth County Sheriff's Department (SPR 20233119)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 12, 2024 SPR23/3119 Patrick C. Lee, Esq. General Counsel and Records Access Officer Plymouth County Sheriff’s Department 24 Long Pond Road Plymouth, MA 02360 Dear Attorney Lee: I have received the petition of Leah Hastings, Esq., of Immigrant Detention Conditions Project, appealing the response of the Plymouth County Sheriff’s Department (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 29, 2023, Attorney Hastings requested the following records: [1.] Any and all documents (including internal and external communications, meeting minutes, and memoranda) related to the renewal, modification, or alteration of the Intergovernmental Service Agreement (IGSA) between Plymouth County Sheriff’s Department (PCSD) and U.S. Immigration and Customs Enforcement (ICE) regarding immigrant detention at PCCF; [2.] Any and all “Amendment of Solicitation/Modification of Contract” forms issued by ICE regarding immigrant detention at PCCF; [3.] Any and all “Contract Discrepancy Reports” issued by ICE regarding immigrant detention at PCCF; [4.] Any and all documents (including internal and external communications, meeting minutes, and memoranda) related to: a. The Department of Homeland Security Office of Civil Rights and Civil Liberties’ (CRCL) investigations of PCCF between September 2021 and September 2023, including but not limited to its November 2021 and May 2022 “spot-checks,” February 2022 virtual onsite investigation, and March 2022 inquiry into allegations of retaliation against individuals detained at PCCF. b. CRCL’s findings and recommendations to PCCF as a result of these investigations, including but not limited to: i. CRCL’s onsite exit briefing with PCCF and/or ICE in February 2022; One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Patrick C. Lee, Esq. SPR23/3119 Page 2 January 12, 2024 ii. CRCL’s discussion with PCCF and/or ICE of the findings of its November 2021 and May 2022 “spot-checks;” iii. CRCL’s priority and non-priority recommendations to PCCF and/or ICE; iv. Any additional materials, analyses, or recommendations by subject matter experts (SME) involved in CRCL’s investigations of PCCF; c. PCCF’s implementation of CRCL’s findings and recommendations; d. Any additional complaints or investigations about which CRCL has communicated with PCCF and/or ICE since September 2022. The Department responded on October 16, 2023. Unsatisfied with the response, Attorney Hastings petitioned this office and this appeal, SPR23/3119, was opened as a result. It is my understanding that the Department intends on providing a further response to Attorney Hastings. Accordingly, the Department is ordered to provide Attorney Hastings with said response in a manner consistent with the Public Records Law and its Regulations within 10 business days. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Attorney Hastings may appeal the substantive nature of the Department’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Leah Hastings, Esq.