FOR: FROM: \t r. 1.11.? t. ii?i, quzu tuwnt tit iinmt?iami M?cm?it} 433;?. Homeland Security February l. 7? 7 Kevin hr?icAlecnan Acting Commissioner US Customs and Protection Thomas D. i?i?uman Acting Director US. Immigration and Customs Lori Scialabbtt Acting Director 5.8. (?itivenship and lmmigratinn Services Joseph B. Mahcr Acting General Counsel Dimple Shah Acting Assistant Secretary for international Affairs Chip Fulghum Acting Undersecretary for iVlanagement \m migration Laws to Serve the National John Keily Secretary Enforcement ofthx Interest This memorandum. implements the Executive Order entitled "linhancing Public Safety in the interior of the United States." issued by the President on January 25, 2017. It constitutes guidance. for all Department personnel regarding the enforcement of the immigration laws ofthe United States. and is uppiieabic tn the activities of US. Immigration and Customs Enfomement (iC?ifi). US. ('T'tistnnis and Border Protection (CBP), and U.S. Citizenship and Immigration Services (USCIS). As such. it should inform enforcement and removal activities, detention decisions. administrative litigation. budget requests and execution. and strategic planning. ?is si.tih5.:u\ With the exception of the June l5. 3012. memorandum entitled ?Exercising Prosecurorial Discretion with Respect to individuals Who (fame to the United States as and the Not-ember 20. 2014 memorandum entitled "Exercising Prosecutorial Discretion with Respect to individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are the Parents of 1.5.8. Citizens or Permanent Residents."E all existing con?icting directives, memoranda. or tield guidance regarding the enlorcement ol'our immigration laws and priorities for removal are hereby immediately rescinded; including. but not limited to, the November 20, 20M. memoranda entitled ?Policies for the Apprehension. Detention and Remox al of Undocumented immigrants.? and "Secure Communities.? A. The Department?s Enforcement Priorities Congress has defined the Department?s role and responsibilities regarding the enforcement of the immigration laws of the United States. Effective immediately. and consistent with Article ll. Section 3 of the L'nited States Constitution and Section 33.31 of 'l'itle 3, United States Code. Department personnel shall litithi?ully execute the immigration laws of the United States against all removable aliens. The Department no longer will exempt classes or categories of removable aliens from potential en ti?ircement. ln faithfully executing the immigratitm laws. Department personnel should take enforcement actions in accordance with applicable law. in order to achieve this goal, as noted below. I have directed to hire 10.000 of?cers and agents expeditiously, and to take entoreement actions consistent with available resources. However. in order to maximize the henetit to public safety, to stem unlawful migration and to prevent fraud and misrepresentation, Department personnel should prioritiye for removal those aliens described by Congress in Sections 3l2(a)t2), and (alttiXCft. -35tb) and and 237(a)(2) and (4) of the immigration and Nationality Act (INA). regardless ot?the basis ol?t?emovahility. Department personnel should prioritize removable aliens who: (1 have been convicted ot?any criminal offense: have been charged with any criminal oli?ense that has not been resolved; (3) have committed acts vvhich constitute a chargeable criminal offense: have engaged in fraud or willful misrepresentatimi in connection with any official matter before a governmental agency: (5) have abused any program related to receipt of public bene?ts: are subject to a final order of removal but have not complied with their legal obligation. to depart the United States; or in the judgment ofan int migration of?cer. otherwise pose a risk to public safety or national security. B. Strengthening Programs to Facilitate the Ef?cient and Faithful Execution of the Immigration Laws of the United States liacilitatit the ef?cient and faithful execution of the immigration laws of the United The November 20. 20M. memorandum ttill be addressed in future guidance. ?3 States-- and prioritizing the. Department's resources the use ot'all available systems and tools by Department personnel. 'l"hrough passage of the immigration laws. Congress established a comprehensive statutory regime to remove aliens expeditiously from the United States in accordance with all applicable due process of law. i determine that the faithful execution of our immigration laws is best achieved by using all these statutory authorities to the greatest extent possible. Accordingly. Department personnel shall n'take full use ot'thcse authorities. Criminal aliens have. demonstrated their disregard for the rule of law and pose a threat to persons residing in the United States. As such, criminal aliens are a priority for removal. The Program failed to achieve its stated objectives, added an. unnecessary layer of uncertainty for the Department?s personnel, and hampered the Department's enforcement ot?the immigration laws in the interior of the United States. Effective immediately. the Priority lintorcement Program is terminated and Secure Communities shall be restored. To protect our communities and better facilitate the identi?cation. detention. and removal of criminal aliens within constitutional and statutory parameters. the Department shall. eliminate the existing "Forms lvB-li?l?i. and and replace them with a new form to more etl?ectively communicate with recipient law enforcement agencies. l-iooevcr. until such forms are updated they may be used as an interim measure to ensure that detainers may still he issued. as appropriate. Criminal. Alien Program is an effective tool to facilitate the removal of criminal aliens from the United States. while also protecting our communities and conserving the detention resources. Accordingly. ICE should devote available resources to expanding the use of the Criminal Alien Program in an} willingjurisdiction in the United States. To the maximum extent possible. in coordination with the Executive Office for Immigration Review (fl-EOlR}. removal proceedings shall be initiated against aliens incarcerated in federal. State. and local correctional facilities under the institutional Hearing and Removal. Program pursuant to section 2.38m} of the and administrative removal processes. such as those under section e38tb) of the shall he used in all eligible cases. The WA 387(g') Program has been a highly successful force multiplier that allows a qualified state or local law enforcement of?cer to be designated as an ?immigration of?cer" for purposes of enforcing Federal immigration law. Such officers have the authority to perform all law enforcement functions specified in section 287(a} ol?the ll\'A. including the authority to investigate. identify. apprehend. arrest. detain. and conduct searches authorized under the under the direction and supervision of the Department. There are currentl) 32 law enforcement agencies in H3 states participating in the 28itg) Program. in previous years. there were signi?cantly more law enforcement agencies participating. in the 387(12) Program. To the greatest extent practicable. the Director of and Commissioner of CBP shall expand the 287(g) Program to include all quali?ed law enforcement agencies that request to participate and meet all program requirements. In furtherance ol? this direction. the Commissioner of CBP is authorized. in addition to the Director of lC E. to accept State services 'i a. and take other actions as appropriate to carryout immigration enforcement pursuant to section 387(g") of the C. Exercise of Prosecutorial Discretion Unless otherwise directed. Department personnel should initiate enforcement actions against removable aliens encountered during the performance of their of?cial duties. consistent unit the President?s priorities as identi?ed in his Executive Order. This includes the arrest or apprehension of an alien whom an immigration of?cer has probable cause to believe is in Violation of the immigration laws. lt also includes initiation ot'removal proceedings against any alien who is subject to removal under any provision of the and the referral ol'appropriate cases for criminal prosecution. The Department shall prioritize aliens described in the Department?s Enforcement Priorities (Seetion A) for arrest and removal. ?the exercise. of prosecutorial discretion with regard to any alien who is subject to arrest. criminal prosecution. or removal in accordance with law shall be made on a case-hy-case basis in consultation with the head of the ?eld ollice component, where appropriate. 01' BF. or that initiated or will initiate the enforcement action, regardless ot?which entity actually tiles any applicable charging documents: Chief Patrol Agent. CBP Director ol?Field (Z)pcrations. lCl'E Field Office Director. lCli Special. Agent-inoCharge. or the l?ield Of?ce Director. Asylum Office Director or Serxice Center Director. l?rosecutorial discretion shall not be exercised in a manner that exempts or excludes a speci?ed class or category of aliens from enforcement of the immigration laws. ?l?he General shall issue. guidance consistent with these principles to all attorneys involved in immigration proceedings. 1). Establishing the Victims of Immigration Crime Engagement (VOICE) Of?ce Criminal aliens routinely victimize .?Xrnericans and other legal residents. Often. these Victims are not provided adequate inl'onnation about the offender, the offender?s immigration status, or any enforcement action taken by lC-li against the offender. Efforts by to engage these ictims have been hampered by prior Department of lomeland Security policy extending certain Privacy Act protections to persons other than LLS. citizens and lawful permanent residents, leaving victims feeling marginalized and without a voice. Accordingly; I am establishing the Victims of immigration Crime Engagement (VOICE) Of?ce within the Of?ce of the Director of which will create a programmatic liaison between and the known victims ot?critnes committed by removable aliens. The liaison will facilitate engagement with the victims and their families to ensure. to the extent permitted by law, that they are provided information about the ot?t'endcr. including the offender?s immigration status and custody status, and that their questions and concerns regarding immigration enforcement efforts are addressed. to that end. 1 direct the Director ot? Kit? to immediately reallocate any and all resources that are currently to advocate on behali?ot? illegal aliens to the new OICE Of?ce. and to .t immediately terminate the provision oi" such outreach or adt'ocacy services to illegal aliens. Nothing herein may be construed to authorize disclosures that are prohibited by law or may relate to inf?omtation that is Classi?ed, Sensitive but Unclassi?ed (SBU), Law Enforcement Sensitixe (l JESS), For Of?cial, Use Only or similarly designated information that may relate to national security. law enforcement. or intelligence programs or operations or disclosures that are reasonably likely to cause harm to any person. Hiring Additional Officers and Agents ?l enforce the inn-nigration laws effectively in the interior ol?the United States in accordance with the President?s directives. additional agents and officers are necessary. The Director of lCle ensuring consistency in training and all appropriate action to expeditiously hire 10,000 agents and of?cers as well as additional operational and mission support and legal staff necessary to hire and support their activities. Human Capital leadership in and in coordination with the Under Secretary for Management and the Chief Human Capital ()tlicer. shall develop hiring plans that balance growth and interageney attrition lay integrating workforce shaping and career paths for incumbents and new hires. F. Establishment of Programs to Collect" Authorized Civil Fines and Penalties As soon as practicable. the Director ol?lCE, the Commissioner ot?CBl?, and the Director of shall issue guidance and promulgate regulations, where required by law. to ensure the assessment and collection of all lines and penalties which the Department is authorized under the law to assess and collect tiom aliens and from those in ho taeilitate their unlawful presence. in the United States. Aligning the Department?s Privacy Policies With the Law The Department will no longer al'lord Privacy Act rights and protections to persons who are neither LLS citizens not lawful permanent residents. The Di lS Prix any Olliee will rescind the Privacy Policy Guidance memorandum. dated 1311an 7. 2009'. which implemented the DES ?mixed systems" policy of administratively treating all personal information contained in record systems as being subject to the Privacy Act regardless of the subject?s immigration status. The Dl Prit'aey Of?ce, with the assistance of the Of?ce ot?the General Counsel. will det elop new guidance speeilying the appropriate treatment of personal information Dl-lS maintains in its record systems. H. Collecting and Reporting Data on Alien Apprehensions and Releases The collection of data regarding aliens apprehended by and the disposition of their cases will assist in the development ol?agency performance metrics and provide transparency in the immigration enlorcement mission. Accordingly. to the extent pemtitted by law. the Director of ii shall develop a standardized method of reporting statistical data regarding aliens apprehended by ICE and. at the earliest practicable time. provide reports of such data to the. public ithout charge. The reporting method shall include uniform terminology and shall utilize a format that is easily understandable by the public and a medium that can be readily accessed. At a minimum. in addition to statistical information currently being publicly reported regarding. apprehended aliens. the follott ing categories of information must be included: country ot'citizenship, convicted criminals and the nature of their offenses, gang members. prior immigration violators. custody Status of aliens and. if released. the reason for release and location of their release. aliens ordered removed. and aliens physically removed or returned. The lC?ii. Director shall also develop and provide a weekly report to the public. utilizing a medium that can be readily accessed \tithout charge, clinch-Federal jurisdictions that release aliens from their custody. notwithstanding that such aliens are subject to a dctainer or similar request for custody issued by to that jurisdiction. in addition to other relevant information. to the extent that such information is readily available, the report shall re?ect the name ofthc .iurisdietion. the citizenship and immigration status ot?thc alien. the arrest. charge. or conviction for which each alien was in the custody of thatjurisdiction, the date on which the ICE detainer or similar request For custody was served on the jurisdiction by ICE, the date ol?thc alien?s release from the custody of that jurisdiction and the reason for the release, an explanation concerning why the. detainer or similar request for custody was not honored, and all arrests. charges, or convictions occurring. after the alien?s release from the custody ol?thatjurisdiction. I. No Private Right of Action This document provides only internal DHS policy guidance. which. may be modified, rescinded. or superseded at any time without notice. This guidance is not intended to, does not. and may not be relied upon to create any right or bene?t. substantive or procedural. enforceable at law by an}~ party in any administrative, civil. or criminal matter. Likewise, no limitations are placed by this guidance on the otherwise lawful enforcement or litigation prerogatives of IS. in implementing these policies. 1 direct Dl IS Components to consult with legal counsel. to ensure compliance with, all applicable laws, including the Administrative Procedure Act.