ICE Academy Detention and Removal Operations Training Division Charleston, SC .?g?i?ARF-if; U.S. Imm1grat10n 15 5% a: and Customs am We? Enforcement ?National Fugitive Operations Program? .?g?u?ARF-if; U.S. Imm1grat10n 15 5% :51. and Customs 2% We? Enforcement Objectives: the end of this lesson you WI I be able to Identify the mission of the National Fugitive Operations Training Program Define a Fugitive Identify the ICE legal Authority and the methodology used for locating ICE Fugitives Identify critical Operational Policy related to the apprehension of ICE Fugitives as directed in the Detention and Removal Operations Policy and Procedure Manual (DROPPIVI). 3"I?AHiI?Itfdc- U.S. Imm1grat10n 1 ca as and Customs 53;. am who Enforcement Chapter 19 DROPPM: Historical Background General Policies Case Management Tactics Vehicle Pursuits Report Requirements Most Wanted Program Liaison/Task Forces Interpol/Third Agency Checks Training Requirements US. Immigration and Customs amwf Enforcement Mission Mission of NFOP is to identify, locate, arrest, process and remove fugitive aliens from the United States with the highest priority placed on those fugitives who have been convicted of crimes. Further, goal is to eliminate the backlog of fugitives and ensure that the number of aliens deported equals the number of final orders of removal issued by the immigration courts in any given year. a. - 1" van. . . .- . I U.S. :5 and Customs Fram? Sac. of Enforcement ICE -DRO Fugitive Alien- Any subject not in ICEIDR custody, who: has failed to Depart the United States pursuant to a final order of removal, deportation or exclusion. This is defined as a 58, 8E and \?Alinf, . U.S.Imm1grat10n c; if?; and Customs 'ak?ww?? Enforcement 4. ICE authprity to conduct Operations INA 9 Section 287, 0 Title 8 CFR M-69 Law. of Arrest Search and Seizure for Immigration Officers (Appendix I-2) Title 8 US Code 1357. \?Akftf, 0 U.S.Imm1grat10n ?3 :e s: and Customs Emmet Enforcement Case Management/Priorities All Fugitive Cases will be managed through FCMS (Fugitive Case Management System) Priority of Fugitive Cases 1. Pose a threat to National Security . Any arrest involving a. possible terrorist nexus, you must contact HQDRO Custody Unit 2. Pose a threat to the Community 3. Have been convicted of Violent Crimes 4. Have a criminal record 5. Non-Criminals with Removal/Deportation Order U.S. Imm1gratlon a ca and Customs tam ?out Enforcement Target Goals Effective FY07, each Field Office should seek to achieve a goal of at least 1,000 arrests per team. Non-Fugitive Aliens may now be included in that total, but only where these arrests are made as part of a DRO Headquarters approved operation, i.e. Op Predator, et al Each Field Office must nevertheless average at least 500 Fugitive arrests per fugitive Operations Team See Memorandum Fugitive Case Management System Reporting and Annual Goals signed Sept 29, 2006 by Director John Torres ?eating, . . 41:, U.S.Imm1grat10n ,5 .5 25,: and Customs mm Enforcement Systematic; Process: locating and arresting fugitives. Review the A-file to confirm alien is a Fugitive (no court actions or benefits pending). Perform records checks. 0 ICE Systems: CIS, DAC, CLAIMS, We Intranet, etc. \?Aiimf, . U.S.Imm1grat10n c; if?; and Customs emw?? Enforcement Case Preparation Create a work-file consisting of the following: 6 Field Operations Worksheet 6 Final Order 6 Copy of Warrant of Arrest 6 Criminal history printouts Fugitive?s photo and prints 6 Map to arrest site/Trauma Unit 6 Contact numbers to local law enforcement Case/Surveillance notes(G166) a; US. Immigration a: and Customs Enforcement 5. Investigative tools ED \Rfi Wanted Posters Computer Networks Inter Agency Liaisons Networking Databases Local Databases ?.I. Ill?:chI le?lI -I-.-.- - I I. .iitsmzirE-?iiws Ir. 'riIm-tipmirg U.S.Imm1gratlon a and Customs Enforcement Conducting Operations National Fugitive Operations Policy offers guidelines for conducting Fugitive Operations 9 Ensures that Fugitive Operations are conducted consistently throughout the Agency Who 9 All sworn Immigration Officers may participate in Fugitive Operations assisted by other Federal, State and local Officers. Arrests must involve at least law enforcement officers 9 Minimum of one ICE Officer/Agent must be present v.3.qu U.S.Imm1grat10n ., at; and Customs avdef Enforcement Conducting Operations When 9 Fugitive Operations will be conducted during daylight hours 6am-10pm, unless otherwise approved on the Operations Order or FOW by the FOD or his designate. Where 9 Agents may enter any area that is open to the Public without a warrant. In order to enter areas where there is an expectation of privacy, informed consent MUST be obtained. 0 Common sense must be used. Officer safety is paramount. Certain areas such as schools, churches, hospitals and funerals are generally respected as off limits. US. Immigration and Customs Enforcement Conducting Operations How 9 Field Operations. Worksheet (FOW) Must be signed. by FOD prior to. conducting a Fugitive Operation. The FOD can designate signature authority to a FOT supervisor. Outlines the plan for locating and arresting a Fugitive Lists support entities. such as local law enforcement and medical emergency support. Gives both immigration/Criminal History .?g?l?ARF-lrf; U.S. Imm1grat10n 15 5% a: and Customs tam ?out Enforcement Supervision FOT Supervisors are encouraged to accompany teams in the field whenever possible. A designated supervisor shall be reachable at all times when a team is conducting an operation. A supervisor will respond to the team leader?s field location when requested to do so. ?Lead By Example? US. Immigration and Customs emwf Enforcement Local Law Enforcement Notification ?gill??x. a} 4C 4?2- a 2 9-4? I 6% Law Enforcement Agencies with Principle Jurisdiction over an area of Operation will be notified prior to any ICE Enforcement Action This notification helps avoid misunderstanding and can help provide emergency tactical/medical support US. Immigration and Customs Enforcement Emergency Response The Operations Order or FOW will list the location and contact number to Emergency Response Entities/Hospitals within the area of operation Team Leaders will designate at least one officer to contact 911 in the case of any emergency Notifying the National Law Enforcement Communications Center of any operation/location is also a way to get quick emergency response. U.S. Imm1grat10n a :g i: and Customs tom ?of Enforcement Issues Consent/Admin Warrants 9 In order to enter an area that is not public, informed consent must be obtained Must be an adult, 18 or older Must have control over the premises Consent must be voluntary - Burden is on the government to prove consent was voluntary - Document name, time and disposition of person giving consent on bottom of 2ncl page of FOW, it is required at a minimum, to document who provided consent in the narrative of the l-213 U.S. Imm1grat1on at and Customs in? I Enforcement Special Considerations: Children/Infants Prior to operation, notify Juvenile Coordinator of operation possibility of having to deal with infants/children. PRE-PLAN with DHS to ensure the children?s safety and care if parent(s) are in ICE custody. Child may be in school, may be at day care, hospitalized, etc. Considerations: number of children, ages, (medical issues, infant care/feeding, health,etc.) .?g?r?ARF-lrf; U.S. ,5 5% 25,: and Customs am Enforcement REFER TO THE TORRES MEMO ENTITLED JUVENILES ENCOUNTERED DURING FUGITIVE OPERATIONS DATED 08/24/07 Highlights: 1) Nearest Child Welfare Authority 2) Local Law Enforcement 3) if 1&2 don?t work FOT must carefully document fugitive?s request for transfer of child to a verifiable third party. Remember the. use of prosecutorial discretion. when dealing with juveniles. 1' US. Immigration s: and Customs a, My? Enforcement Consent Consent is involuntary when it is the product of Coercion or threat, expressed or implied Officers need not advise the subject that consent may be refused, although whether such advisory is given is a factor in determining the voluntariness of the consent Consent may not be obtained by Trick or Coercion. (Example= Escaped convict in neighborhood- we need to search your house). M69 Section Ill-5 (Consent Searches) US. Immigration and Customs 53;. am was Enforcement Ruse Are approved by Service Policy (Memo dated Aug 15, 2005/ March 6, 2006 both signed by Director John P.Torres). Ruses are primarily used as a way to lure someone out to an area where the arrest can be conducted with the least amount of danger to both officers and target ?Ruses run the gamut from saying you are looking for another person other than the target or adopting the guise of another agency U.S. Imm1gratlon a :g i: and Customs tom ?out Enforcement Ruses When adopting the guise of another agency (Federal, State or Local) that agency must be contacted and a memo produced to the file. The HQ Deputy Assistant Director, in consultation with the Office of Principal Legal Advisor, will consider issues raised by other entities/agencies The use of Ruses involving Health and Safety programs such as administered by private, Federal, State or Local Agencies is discontinued U.S. Imm1gratlon ca and Customs tom ?of Enforcement Media Issues All Media communications surrounding a fugitive operation will be addressed to the Director for the Office of Public Affairs. Offices are encouraged to contact the OPA regarding High profile arrests or consideration of media releases that may be favorable to ICE. Operations with the potential to generate public publicity, garner media attention, cross- jurisdictional boundaries or involve multiple agencies will require an Operations Order I and Customs i?AW-tr - . . U.S. Imm1gratlon 94% Web Enforcement Vehicle Pursuit Policy US. Immigration a 1-3: and Customs a. WE Enforcement Vehicle Pursuits Policy All Vehicle Pursuits (High Speed/High Risk/Low Speed/Low Risk) are prohibited Nothing precludes an officer, previously trained in vehicles stops at FLETC, from conducting vehicle stops. Vehicles conducting vehicles stops must be equipped with emergency lights and sound making equipment (sirens) as prescribed for law enforcement vehicles by the state in which the vehicle is normally assigned to operate. U.S. Imm1grat10n -5 so and Customs :39 amwaa En orcement Fugitive 0pe_rations Support Center? Burlington, Vermont. Created to support Fugitive Operations- reports to the HQDRO, Compliance Enforcement Division Goals 1: Improve the accuracy/integrity of fugitive/absconders identified in DACS. Goal 2: Develop leads on fugitives/absconder cases and send leads to the appropriate Field Office for location and apprehension Goal 3: Support National initiatives. U.S. Imm1grat10n a :g i: and Customs a Enforcement INTERPOL World largest international police organization with 168 member countries. National Central Bureaus (NCB) each INTERPOL member country maintains a National Central Bureau staffed by National Law Enforcement Officers. The NBC is the POC for regional offices requiring assistance with overseas investigations and the location and apprehension of Fugitives. v.3.qu. . . U.S.Imm1gratlon -5: a: and Customs Enforcement INTERPOL: Color Coded System Red Notice: Seek arrest towards Extradition based upon an arrest warrant/Provisional warrant. Blue Notice: used to collect information about a persons identity or illegal activity. Green Notice: used to provide warnings and criminal intelligence about the persons who have committed criminal offenses and are likely to repeat these crimes in other countries. used to help locate missing persons, especially minors, or to help identify persons who are not able to identify themselves. 3"I?AHiI?Itfdc- U.S. Imm1grat1on 1 ca r. and Customs 5; 5? am ?as Enforcement Interpol Color Coded System o?i?kfh?, 3, ca and Customs Enforcement Black Notices: is used to seek the true identity of unidentified bodies. is used to warn police, public bodies and other international organization of possible threats to them from hidden weapons, parcel bombs, and other dangerous items or material. US. Immigration DRO Policy A Green notice is an Interpol generated advisory that ?provides information on career criminals who have committed, or are likely to commit, offenses in several countries (habitual offenders, child molesters, pornographers). Operation Predator cases meet this definition. INTERPOL will be made aware of Operation Predator cases through the completion of a Green notice application. This notice will be completed at the time the Request for Escorted Country Clearance is made. U.S. Imm1grat10n 3, us if: and Customs tom ?of Enforcement Request for Foreign Verification When a FOT uncovers or DRO has information that a fugitive alien has fled to a foreign country, the team will complete a Request for Foreign Verification will be made to HQFUGOPS, electronically or via mail. HQFUGOPS will then utilize whatever resources available (Embassies, and provide the requesting office with the information obtained. US. Immigration and Customs 53;. am who Enforcement a 15-33: and Customs txmwe? Enforcement Review Mission Identifying a Fugitive Knowledge of Authority Conducting Operations Policy Issues/Directives US. Immigration Questions US. Immigration and Customs 10 Enforcement A 3mg?! THE END US. Immigration and Customs Enforcement