(Hit: r" roof Hr-umwu? ()pr'i'ritirms US. I'Jt'tpnl'lmt?m of Homeland Security inn sum. svv' Ills??t: ?mmi?a US. Immigration a: and Customs ?gm Enforcement {a MEMORANDUM FOR: Field Office Directors SEP 04 2009 Deputy Field Office Directors Deputy Assistant Directors FROM: I overthrow) I Acting Director SUBJECT: Designation of Cold Case Fugitive Files and the Creation of a Fugitive Docket for the Fugitive Operations Support Center Purpose This memorandum establishes the Standard Operating Procedure (SOP) for designation of Cold Case Fugitive (CCF) files and creates a Fugitive Operation Support Center (FOSC) docket. Currently, all fugitive alien files are designated as active cases in field investigative status and considered part of the fugitive alien backlog regardless of case viability. Pursuant to this memorandum, CCF files will be removed from active field investigative status and will be assigned to a cold case docket assigned to thereby eliminating cold cases from the fugitive alien backlog. The creation of CCF files and a corresponding FOSC docket redirects field enforcement efforts toward viable fugitive cases. Background The. National Fugitive Operations Program?s (NFOP) primary mission is to reduce the fugitive alien backlog in the United States. A fugitive alien case is removed from the backlog when one or more of the following occurs: i) the target is arrested; ii) it is determined that the target has self?removed; it is determined that the target is currently incarcerated; iv} the target?s immigration status has changed and is no longer removable; or. v) the target has died. Currently, absent any of the aforementioned events, a case remains part of the fugitive alien backlog and on field dockets regardless of: i] the age of the ease; ii} lack of identifying information; or. lack of viable information on the target. 51. Print the form: a. Press the ?Select Prop Subj? button b. Under Contraband Merchandise or Other select "Prt?" and "Other Blk? If you have multiple items, only select the ones that you want to print I. on the l-44. ?Print separate forms for property and. people if there is a_ person that is to be. turned over to. another agency. If the subject is going to be turned over to another agency: 52. Under subject: select ?Prt??and ?Name Blk" If you have multiple subjects, only select the ones that you want to print on the a. l-44. 53. Use the ?Print? button next to the ?Narrative? button to print the I-44. (WW5) Your I-44 is now complete: All signed copies should be retained in the A file or prosecution file if applicable. Hum: ?mm-1am! fan-urin- 'wtr'n'l NW [if 1' :5 it: U5. and Enforcement FUR: Juntcs T. Hayes. Jr. Uil'tlt'lnl' ()I'liuc :uui Rutnm?ul [)purntinns (ire-gory WM Dircclur Mutiny} . (i . Phillips fit-Cuff 7 L4- Deputy Assistant L-?Lctingt (?tunpiiancc linlitrcumcut )tri5mn tu :31: [1511911310191 Unit ('iticli. t?mnpiiunuu lintiirrcnu-nt lJiri-unn intuitit:tn'unmliguilutinn l?rnuurlurc? l'nr Purpose This tm-rnurunduin proposing .1 procedure 1111' result Fugitirr cum-H when: tlu: i5 sum-unity years or older and II n; prnpuscd thut Ilu: Upuruttun {-iuupnr: (.?untcr would he tn plum: ll?llii group ul' Iugnircs In an ?nal order ruse rutL-gnry and Plucc. ?Du-ferret! Actinn?l'iumunititriun (?nni?uitlcrutinnu in ('usn: 'l'hcrr: ure i-Eunntniturian-l-IL-ulth mutants with fugitive sct'mny yours uhl ur ulilur that urr Currently. this group of fugitive ruse in Fugitive: L'nscs.? uutugury n' tlu: I?lcld has dctunntnud to utilize prusccuturtul dmcrutmn. Leaving at fugitive case category skews the fugitive hacking numlmr, an: ruscs not In: itt't :trln'c l'unitiru cunt. Discussion In I'unhcruncc of its uussinn. Nutiunul Fugitirr Upcrutiuns l?rugrum's muiu runlmusiliilily is tn nuhlic snl'cty :uul nutiunu! the continual pursuit nt' rrintinui I'tigitit'un': ensuring the inculinn. ?rms! and t?ilu.? clumrc nl'nll iilgili?. uliuns Iltrnuglt Ihc Fnir ni?thu nntinn's Inn-5:. 'l'iu: rcnuu-?ul ut'tlwr-c cusus rum-5 t'rnnt t?ngilix': um: a in . 1':qu order u-iIl ul?liuiuncy :qu cl't?cclivuncss nt'tl'u: Fugittw ()Ii?rutiunu directing tnwurils mnru rinhiu l'ugiti-rc titans. This pruccdurc u-uultl pruvitlc a cltcuklist l'nr tlu: stul'i'tn utiliau: us: {1 guide in tlctumtining when an own l'ugitiru rusu nun-tr. tlu: rrilcriu liar pluriug it in I'Inul order macs tr- 578.003411 Page 2 - Resolution l'ur Elderly Fugitives thus procedure. FUSC supcrvisnrs will ensure with the ibllou ing Fugitive cases an: sweat} yuan: ul'ngt: nr ultlur and: {It the is :mtt-urmtitml. It will 11c tltu: ruspunsihillty supcn-isnrs tn rcvicw and all cases that 11:ch this Chung: crtlurtzt. l'ltu will ttet L'r hr: LlL?SIgniliUtl l'ut' ['usc {'ulvyury l. Fugitives that puss ?that In ll. that pose a tln'cztt In the Ill. Fugitives that an; 0ft The FUSF 51:1 In the cum: will l'nr updating lltn: fuse Management System. .J'tppt?l?'t' the :35: ?llitlirgr procedure [Fur I'ttgzitit us that are 5w. L'llh' t'cunNectls more discussintt [Lille ll. l".l Int ll.\l.l. (3mm: (Jit'rgfru'eemeur and Removal Operations [15. Department nt?llnmeland Security 500 12th Street. SW 't?t"ashington. DE. :05er JUL 29 201] US. Immigration and Customs ?gun?re? Enforcement MEMORANDUM FOR: Gary Mead Executive Associate [)ir THROUGH: Thomas I-Iontan Deputy Execut)/e Associate Director FROM: Gregory J. Archambeault it? r5 Acting Assistant Director for Izznforcen em SUBJECT: Enforcement and Removal Operations Encounter Policy Purpose This memorandum requests approval oflhe Enforcement and Removal Operations (ERO) policy relating to documenting foreign born national encounters in the Enforcement Integrated Database (1511)). Background Beginning in 2009. the Office of Inspector General (DIG) conducted a review ofthc Criminal Alien Program (CAP). This review analyzed the ofthe program in state facilities. In November of 201 0. 016 issued a draft report ofthe ?ndings along with recommendations. On Febraury 10, 201 1. the report. recommendations. and ICE responses became public. Recommendation 2 of the OIG report required that all screenings and identi?cations of foreign- born individuals incarcerated in Federal. State and local correctional facilities be documented and recorded in ENFORCE. Immigration and Customs Enforcement (ICE) concurred with this recommendation and wrote the attached policy that requires all screenings and identi?cations of foreign-born nationals be entered into the till). The tilt) is a repository of all information through, ENFORCE, the HID Arrest GUI for I_:aw Enforcement (EAGLE) and Customs and Border Protection?s E3 database. Revisions ofthe ILRO processing guide will be drafted once the policy is implemented in order to provide additional direction in support ofthis policy. icegov SUBJECT: Enforcement and Removal Operations Encounter Policy Paae 2 Recommendation The Enforcement Division recommends approval and implementation ofthe attached ERG Encounter Policy. Approver?date Disapprovcfdatc Modifyfdate Needs more diacussiom?date Attachment 578.003414 5-. .. .. -. us. WGRATION AND CUSTOMS ENFORCEMENT AND REMOVAL DBERATIONS Policy Number: Enforcement and Removal Encounters 1.1 3.2. 3.3. 3.4. 3.5. Issue Date: Effective Date: ReviewiExpiration Date: Superseded: None Federal Enterprise Architecture Number: PurposeiBackground. This directive identi?es requirements and provides general procedures for using the Enforcement Integrated Database (EID) as electronic system of records for administrative processing of foreign born nationals. EID is the US. Department of Homeland Security?s (DHS) shared database repository for several DHS law enforcement and homeland security applications and is currently accessed through thel (bitiitEi (WINE) lapplication. The purpose of the directive is to support the identification and arrest of individuals (both citizens and noncitizens) who commit violations of Federal criminal laws enforced by DHS. Policy. All ERO law enforcement of?cers will document foreign born national encounters in the EID using th- (b)(7i(Ei pplication). De?nitions. Encounter. the interview, screening, and determination of citizenship, nationality, and legal rights of any person in the United States at any time. interview: a formal meeting in which a law enforcement of?cer questions a person believed to be an alien about citizenship, nationality, and the legal right to be in the United States. Screening: the process of verifying the identity of a person through biographic and or biometric identi?ers Biographic identifiers: personal information obtained from a person or third party (e name, address, social security number, driver 5 license). Biometric identi?ers: identity analysis of physical samples obtained from a person or provided by a third party ?ngerprints). Enforcement and Removal Encounters 3.6. 4.1. 4.2 5.1. 6.1. 6.2. 6.3. 6.4. Enforcement action: a law enforcement activity encounter, investigative detention, arrest, bond) taken by DHS to address criminal or administrative violations. Responsibilities. The Criminai Aiien Division is the Of?ce of Primary Interest and is responsible for managing and overseeing compliance to this Directive. All ERO law enforcement officers who encounter persons are responsible for docu 1? . 'u . . -ncounter in the Enforcement Integrated Database by using Procedures. Law enforcement officers: 1) Document encounters in the Enforcement Integrated Database by using . 2) Create only one encounter based on the same enforcement action for the same person. Enter any crime information necessa to correctl indicate a foreign born national?s criminal offense level i hrough the CRIME ENTRY SCREEN). 3) Input as an encounter subjects found through investigation to be derived or naturalized citizens. 4) If you determine that a person initially detained as a possible alien is a United States citizen, notate the record with your determination and state that no further action will be taken. 5) Do not enter information about US. citizens interviewed or screened unless being investigated or arrested for administrative or criminal immigration law violations. AuthoritiesiReferences. 111-113 8 u.s.c.?1357 4U U.S.C. 1315 C.F.R. 28? Enforcement andr Removai Encounters 578.003416 6.5. 6.6. 6.7. Immigration and Enforcement Operational Records System of Records, Fed. Reg. 223,270 (May 3, 2010) available at Privacy Impact Assessment for the Enforcement Integrated Database (EID) {January 141 2010), available athttoitftinvurl comr?dllxoga. Memorandum from David J. Venturella on Fiscal Year 2010 Criminal Alien Program Goals to Field Office Directors and Deputy Field Office Directors (Jan. 5, 2010} avar'i'able at 2010 as Attachments. None No Private Right Statement. This Directive is an internal policy statement of ICE. It is not intended to. and does not create any rights privileges or benefits, substantive or procedural, enforceable by any party against the United States; its departments, agencies, or other entities; its officers or employees; contractors or any other person. 1" Gary Mead Executive Associate Director Enforcement and Removal Operations US. Immigration and Customs Enforcement Enforcement and RemovalI Encounters lu-