Department of Homeland Security
425 I Street, NW
Washington, DC 20536

US. Immigration
and Customs
Enforcement

 

MEMORANDUM FOR: All Special Agents in Charge
All ICE Attaches
All Field Of?ce Directors

   

FROM: Marcy M. Form

Director, Of?c Inves

   
 

John P. Torres

Acting Director, Detenti and Removal Operations

SUBJECT: Use of Roses in ICE Enforcement Operations

This memorandum serves as joint guidance on the use of roses in criminal investigations and
law enforcement operations. The use of roses in law enforcement operations is an effective
law enforcement tool that enhances of?cer safety. One main objective of a ruse is to prevent
violators from ?eeing and placing themselves, of?cers and innocent bystanders in a potentially
dangerous situation.

However, the use of ruses utilizing the names of agencies and companies involved in the
administration of health and safety programs can impede the functions of those organizations
by creating a perception that these organizations are acting as an enforcement tool of ICE. The
use of ruses involving health and safety programs undermines the efforts to increase safety in
the workplace and undercuts workers willingness to report workplace safety violations based
on a fear of law enforcement action being initiated against the reporting worker.

Pursuant to memorandums dated March 6, 2006, subject Use of Ruses in Enforcement
Operations, the Offices of Investigations and Detention and Removal Operations discontinued
the use of roses involving health and safety programs administered by a private entity or a
federal, state, or local government agency, such as the Occupational Safety and Health
Administration (OSHA), for the purpose of immigration worksite enforcement. The cited
memorandums require Assistant Secretary pro-approval of all other investigative enforcement
actions requiring the use of a health or safety-based ruse, as well as appropriate coordination
with the respective government agency or private entity.

 

This jointly issued memorandum reinforces the prohibitions and approval requirements
outlined in the March 6, 2006, memorandums.

Questions on this matter from 01 of?ces should be directed to Acting Deputy Assistant

ict (bli?ilbimicl at 202? 3052md ?rom DRO of?ces to Deputy Assistant Director
at (202} 616