United States of America v. State of California et al

Filing 167

[WITHDRAWN pursuant to 170 Notice] REPLY by United States of America to RESPONSE to 2 Motion for Preliminary Injunction. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y)(Reuveni, Erez) Modified on 6/8/2018 (Donati, J). Modified on 6/11/2018 (Donati, J).

EXHIBIT C

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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- - - - - - - - - - - - - - - x

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THE UNITED STATES OF AMERICA, :
Plaintiff,

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vs.

:
: No. 18-264

THE STATE OF CALIFORNIA;
6

:

EDMUND GERALD BROWN, JR.,

:

Governor of California, in his:
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Official Capacity; AND XAVIER :
BECERRA, Attorney General of
California, in his Official

:

Capacity,

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:
:

9

Defendants.

:

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- - - - - - - - - - - - - - - x

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VIDEOTAPED

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DEPOSITION OF: THOMAS HOMAN

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DATE:

Tuesday, April 10, 2018

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TIME:

10:12 a.m.

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LOCATION:

Department of Justice

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950 Pennsylvania Avenue, N.W.

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Washington, D.C.

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REPORTED BY:

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Denise M. Brunet, RPR
Reporter/Notary

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A P P E A R A N C E S

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On behalf of the Plaintiff:

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COLIN A. KISOR, ESQUIRE

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EREZ REUVENI, ESQUIRE

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LAUREN BINGHAM, ESQUIRE

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U.S. Department of Justice

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Civil Division

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450 5th Street, Northwest

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Washington, D.C.

20530

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[phone]

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[e-mail]

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On behalf of the Defendants:

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CHRISTINE CHUANG, ESQUIRE

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State of California

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Department of Justice

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Bureau of Children's Justice

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1515 Clay Street

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Suite 2100

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Oakland, California

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[phone]

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christine.chuang.doj.ca.gov

94612

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(Appearances continued on the next page.)

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APPEARANCES (continued):

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On behalf of the Defendants (continued):

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LEE I. SHERMAN, ESQUIRE

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CHEROKEE DM MELTON, ESQUIRE

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SATOSHI YANAI, ESQUIRE

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State of California

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Department of Justice

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300 S. Spring Street

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Suite 1702

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Los Angeles, California

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[phone]

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[e-mail]

90013

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ALSO PRESENT:

Rene E. Browne

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Michael P. Davis

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Michael F. Arnold

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Moria Skinner

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Julie Laughlin

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Dan Reidy, Videographer

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C O N T E N T S

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EXAMINATION BY:

PAGE:

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Counsel for Defendants

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HOMAN DEPOSITION EXHIBITS:

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Exh 1 - Notice of deposition

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Exh 2 - Declarations of Thomas Homan

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Exh 3 - Memo from John Kelly dated 2/20/17

30

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Exh 4 - Blank immigration detainer - notice of

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action

PAGE:
9

96

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Exh 5 - Document Bates stamped

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USvCA_Homan_Depo000463

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107

Exh 6 - Crimes of arrest for San Diego, CA

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declined detainers

118

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Exh 7 - Immigration detainer - notice of action 128

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Exh 8 - EARM view encounter summary

132

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(*Exhibits attached to the transcript.)

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Q

You just stated that it costs more money

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for the government to send additional agents.

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you have an estimate of how much more money it

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costs?

5

A

I don't know the figure offhand.

Do

We --

6

we did operations recently in southern California

7

and in northern California.

8

operations this -- in the past several months in

9

California.

We did three

We had to send many detail agents to

10

augment existing staff to do these operations.

11

I'm certain we track those expenses.

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off the top of my head.

13

them.

14

Q

15
16

I don't know

We certainly can provide

Do you attribute the increase in ICE

enforcement activities in California to AB 450?
A

I think AB 450 is requiring us to work

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harder and less efficient than prior to the

18

enactment of 450.

19

Q

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that?

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A

Can you please describe why you believe

Well, a couple of things.

We just did an

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I-9 operation in California, and I recently

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learned that, for instance, one company in San

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Francisco did not want to supply the I-9 forms per

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the notice of inspection.

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It was the delay in

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giving us the I-9 forms until the company -- the

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company felt like they would be in violation of

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450, so they got an attorney.

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administrative subpoena to get the documents.

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That caused more work.

6

We had to do an

There seemed to be confusion on what the

7

employer thought between 450 versus what the

8

federal requirements are.

So we spent more time

9

in working that one case.

That's one I was

10

briefed on specifically.

11

Q

What company are you referring to?

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A

I don't have that number offhand.

13

Q

The name offhand?

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A

I don't know it offhand.

15

Q

Okay.

16
17

When did this I-9 operation

relating to this company occur?
A

Within the past eight weeks.

I don't

18

know the exact dates.

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inspection throughout the country.

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was -- I think we've already completed the first

21

phase in California.

22

Q

We have a rolling I-9
California

So several weeks ago.

And did the company specifically inform

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you that they did not want to comply with the I-9

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inspection process?

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A

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The information I received from HSI
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leadership was that the company would not --

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didn't think they had to comply with the notice of

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inspections to give the I-9s within the three days

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required.

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violation of 450.

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They thought they were going to be in

They contacted an attorney.

We actually

7

did an administrative subpoena, and we got the

8

I-9s after additional work.

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relayed to me.

That is what was

10

Q

Who relayed that to you?

11

A

Derek Benner, the acting executive

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associate director for Homeland Security

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investigations.

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Q

And who relayed that to Derek?

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A

The e-mail was -- first, Derek verbally

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told me that he followed up with an e-mail.

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e-mail was from Derek.

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don't know who -- I'm sure the e-mail split up

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between -- we have three SACs, special agents in

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charge:

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was -- I'm sure he got it from the SACs, but I do

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not know for sure because I did not ask him that

23

question.

24

Q

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The

And their staff below -- I

San Francisco, L.A. and San Diego.

So it

Do you know if Derek obtained that

information directly from the company?

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legislation as a law enforcement officer -- and

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that certainly would have a bad effect on our

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mission, what we're trying to do.

4

Q

Can you please describe what you mean by

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bad effect on our mission of what we're trying to

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do?

7

A

Generally, even back in my day, when

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we -- when we had this discussion with employers,

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we like to do it in a private setting because

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information may come up -- certainly PII

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information on employees; you know, they provide

12

social security numbers, personal information.

13

Employers, in my experience, would much rather

14

meet with, you know, ICE officers in private

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settings, especially if customers are going to

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come into the public area.

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see -- their customers see them having a

18

discussion with law enforcement.

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They don't want to

I've been a law enforcement officer for

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34 years.

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this in a private setting, we usually will

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encounter better cooperation and be able to find

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other things out when we're in a private setting.

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25

I can just tell you, doing things like

Victims of trafficking certainly aren't
going to come forward in a public setting.

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But if

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you're in a private setting talking to an

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employer -- an employee that may be a victim of

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trafficking or abuse or peonage or something were

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more apt to tell the officer that in a private

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setting rather than -- not in a public area.

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So I just -- as a law enforcement

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officer, we -- that's why generally we do things

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like this in a private setting, to have

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confidential conversations away from the general

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public.

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officer.

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cooperate better in a private setting.

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just my opinion as a law enforcement officer.

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And I think not only a law enforcement
Whoever we're talking to tends to

MR. KISOR:

That's

Before you go on to your next

15

question, I think we're about at the one-hour

16

mark.

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Is it all right if we take a break?
MS. CHUANG:

Yes.

How long would you

like to take a break for?

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MR. KISOR:

Five, ten minutes.

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MS. CHUANG:

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THE VIDEOGRAPHER:

That works.

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record.

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on the video is 11:12 a.m.

Thank you.

We're going off the

This ends media unit number 1.

The time

We're off the record.

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(Whereupon, a short recess was taken.)

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THE VIDEOGRAPHER:

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This begins media unit

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gather better information, better cooperation in a

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private setting.

3

Q

And you mentioned speaking to other law

4

enforcement agencies and officers.

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speak to?

6

A

Who did you

Spoke to Phil Miller, spoke to Matt

7

Albence, spoke to Derek Benner.

I've been doing

8

this 34 years.

9

hours -- I used to do worksite investigation as a

I could spend the next four

10

special agent in Phoenix back in 1988, 1989 when

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we -- probably '95, '96.

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agent, I did worksite investigation.

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served notice of inspections.

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firsthand knowledge how that works and how the

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interviews go and what you gather from the

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interviews.

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and my knowledge, I think AB 450 is going to

18

prevent us from doing much of our job.

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When I was a special
I have

And so I have

I just think, based on my experience

And I certainly think it's going to have

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an impact on identifying possible victims of

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trafficking and peonage and employer abuse if we

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can't have discussions in private.

23

Q

You mentioned three individuals before

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that you spoke to:

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forget his last name -- and another individual.

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Phillip Miller, Derek -- I

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Did you implement this change of policy
for ICE?
A

It's my understanding it's still being

worked on.
Q

And when it's still being worked on, do

you mean it's in draft form?
A

It's the privacy office -- last I was

8

briefed on this, the policy office is working on

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changes of the privacy policy.

10

Q

Do you have an estimated time frame for

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the completion and approval of the new privacy

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policy?

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A

No.

14

Q

So those -- in your understanding of this

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policy change, does it impact privacy protections

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for lawful permanent residents?

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A

There's privacy protection for everybody

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in our custody.

But there's a -- I think there's

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an elevated concern for those who are lawful

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permanent residents.

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the victims of domestic abuse, trafficking, not

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only do they have privacy protection, they

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actually have statutory protections.

And of course, again, for

24

But again, I know what this says, but I

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can tell you that I'm not a policy expert, but a

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policy expert has reviewed this affidavit and

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agreed with the factual contents of the affidavit,

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that this California legislation will put us at

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odds with privacy policy and statutes.

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why it's in the affidavit.

6

Q

And that's

Under what circumstances would lawful

7

permanent residents be detained in civil detention

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facilities?

9

A

If they're removable.

We detain people

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for removable purposes.

So if a lawful permanent

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resident got convicted of certain aggravated

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felonies, serious offenses, that would put their

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lawful permanent resident status at risk if they

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get convicted of something like that.

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an LPR gets convicted of murder.

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removable.

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purposes.

18

Q

Let's say

Certainly

So we would detain them for removable

Do you understand this policy change

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discussed in section G of the February 20th

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memorandum to impact privacy protections for

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individuals who are not U.S. citizens and not

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lawful permanent residents?

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A

Can you repeat the question, please?

24

Q

Do you understand that the policy change

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referenced in section G of this February 20th

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