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LES. Department of Homeland Security
43:? Street. NW
Vt?ushington. 

US. Immigration
and Customs
Enforcement

 

MEMORANDUM FOR: Assistant Directors AUG 24 2007
Deputy Assistant Directors
Field Office Directors
Deputy Field Office Directors

FROM: John P. Torres
Director .
on 
x" -  
SUBJECT: Juveniles Encountered During Fugitive Operations
Purpose

This memorandum provides clarification to the Office of Detention and Removal Operations
(DRO) Fugitive Operations Teams (FOT) who encounter US. citizen (USC) and Lawful
Permanent Resident (LPR) juveniles during execution of enforcement initiatives targeting
fugitive aliens.

Summary

The attached memorandum entitled Transportation, Detention and Processing
Requirements" remains the binding guidance to Special Agents-in-Charge (SAC) and Field
Office Directors (FODs) while conducting immigration enforcement operations However, as a
matter of policy, DRO FOTs should not take custody of or transport a juvenile child under
the age of 18) who is either not being processed for an immigration
violation. FOTs, who encounter a fugitive alien responsible for the custody of a USCILPR
juvenile, must, in this order of preference, coordinate the transfer of the USCILPR juvenile into
the safekeeping of the nearest child welfare authority; (2) local law enforcement; or ifoptions
and (2) are inconsistent with operational requirements, then FOTs must (3) carefully
document the fugitive alien's request for transfer of the USCILPR juvenile into the safekeeping
of a verifiable third party.

The use of the first two options is strongly encouraged. Child welfare authorities and local law
enforcement are better suited for making determinations related to child custody matters. Even
when the fugitive alien demands transfer to a third party, FOTs are to work through child welfare
authorities or local law enforcement and defer to their transfer determinations. Under limited
circumstances and only when specifically approved by their FOD, FOTs may temporarily
safeguard USCILPR minors.

To the greatest extent possible, FOTs should coordinate with child welfare authorities prior to

arrest of fugitive alien parents. All DRO FOTs and FOT members must maintain a current and
relevant list of contacts for such agencies.

I imp?; QFFIQI 

SUBJECT: Juveniles Encountered During Fugitive lOperations
Page 2

If the child welfare authority and local law enforcement cannot respond in a timely manner, so as
to jeopardize operational objectives, and the fugitive alien requests assistance in transferring
safekeeping of the USCILPR juvenile to a third party, FOTs should:

1. Document the inability of the welfare authority and local law enforcement to take timely
custody of the minor;

2. Document in writing the fugitive alien's request to release the USCILPR juvenile to an
identified third party {preference is for the request in the fugitive alien's own
handwriting);

3. Facilitate the fugitive alien's contact with the third party;

4. Verify the identity of the third party through government issued identity cards prior to
transferring the juvenile into the safekeeping thereof; and

5. Forward copies of relevant documentation (inability of the welfare authorityt?local law
enforcement to take timely custody of the USCILPR juvenile) to the child welfare
authority for further processing.

Where the child welfare authority and local law enforcement are unresponsive and the fugitive
alien parent identifies no third parties, FOTs should seek. guidance from their FOD through their
chain of command.

In exigent circumstances, when all of the above options are unavailable, it is recommended that
the sole care provider be placed on one of the Alternatives to Detention programs
available in the respective Field Office; all ATD processing should be done on site.

Questions regarding this policy should be addressed Deputy Assistant Director
(DAD), Compliance Enforcement Division (CED) at (202) 616 via e-mail at

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