-1: i ?rFiLinL lihi'. Gma? r? Law Lf'ii'vuuh I hlbel I Unaccompanied Alien Children Human Smuggling Disruption Initiative Concept of Operations May 5, 2017 NSITIVE - . -. umenL record, Communication, andfor any attachments may contain con?dential, draft, deliberative, pre-dee? - .. for for of?cial use onty - law on v- 've information. It is not for release, review, retransmission. diss in - or use by anyone other than the intended recipient. Please notify the sen er] I .. -. record, or common :1 .L ?en misdirected and immediately destroy all originals and copies. Furthermore, do not print. copy, re-trans i' . .. vise use this information. Any disclosure of this d. communication, and an i - I. must be approved by Homeland Securl - an US. Immigration and Customs Enforcement. This docum i -. GOVERNMENT USE ONLY and may be exempt from discloSure [nforma - - 2018-ICLI-00046 275 Overview US. Immigration and Customs Enliorcement (ICE) proposes an interagency 90- to IZO-day operation focusing on transnational criminal organizations (TCO) engaged in smuggling unaccompanied alien children (UAC) with an emphasis on the identi?cation, investigation, and arrest of human smuggling facilitators, including, but not limited to, parents and family members. Executive Summary On January 25, 201 President Donald J. Trump issued Executive Orders 13768, Enhancing Public 3:2]er in the Interior ofrhe United States, and 1376?, Border Security and Immigration Enforcement Improvements. In support of these Executive Orders, ICE and its partners have developed this concept of Operations to focus on disrupting and dismantling human smuggling organizations (HSO) engaged in smuggling UACs, and seeking the prosecution of each participant in the smuggling scheme, including the parents who engaged, when possible, the services. The risks associated with the journey to the United States remain a constant humanitarian threat. Although the number ofUACs being smuggled into the United States since the initial surge in 2014 has decreased, parents and family members who facilitate and promote the endangerment of these children by employing the HSOs have yet to be held accountable. Since parents and sponsors have not been held accountable for their role, there is no deterrent for complying with US. immigration laws. Purpose This concept ofoperations provides the framework for the proposed initiative and identi?es speci?c roles for various U.S. Department of Homeland Security (DHS) Components. The three-phased approach is designed to mitigate the smuggling of UACs by parents and sponsors who use [-1805 to facilitate their illegal entry into the United States. Background Since 2014, the Southwest Border region has seen an unprecedented ?ow of UACs entering the United States, primarily from Central America. During theirjourney to the border, the children are exposed to extreme conditions and physical abuse for which injury or death is a very real possibility. Over the past 2 years, has learned a great deal about how UACs are smuggled into the United States and who ultimately receives them after they are transferred out of the custody ofthe US. Department of Health and Human Services (HHS) Of?ce of Refugee and Resettlement (ORR). Since 20 I 4, according to ORR data, approximately 90 percent of all UACs ument. record communication andr'or any attachments mt'ty contain con?dential. draft deliberative pre- -decisiona andr'u use only- -law on - formation it Is not tor release. review retransmission, disseminati- I . .. I . yone other than the intended recipient. Please notify the sender rcommuniea - .. misdirected and immediately destroy originals and copies. do not print, copy. re-tra - male. or - . 'nformation. Any disclosure of this document. record, communication I I - . - ments must be approved by Homeland Security investigations. I . . a - Customs Enforcement 13 - or at for U515 UNIX and may be exempt from disclosure under the Freedom of ormation Act. 5 U.S.C. 552(bli5l. Ihlti']. 2018-ICLI-00046 276 are eventually turned over to a family member residing in the United States. Financial transaction data and ICE Homeland Security Investigations (HSI) investigative records reviewed by the DHS Human Smoggling Cell have further corroborated that parents of UACs have engaged the services of H805 to bring their children into the United States. During the last quarter of Fiscal Year (FY) 2016 and through the ?rst quarter of FY 2017, there was a signi?cant increase in the number of UACs encountered along the Southwest Border by U.S. Customs and Border Protection (CBP). Since the implementation of the January 25, 2017 Executive Order, that number has decreased. Mission ICE will conduct a 90- to lZO-day operation to focus on TCOs engaged in the smuggling of UACs, with an emphasis on the human smuggling facilitators, including the parents and family members who initiated and funded the smuggling venture. Coordinating Instructions The 26 HSI special agents in charge (SAC) will coordinate with their respective 24 ICE Enforcement and Removal Operations (BRO) ?eld of?ce directors (FOD) to establish teams of H31 special agents and ERO deportation of?cers, with the support of the local HSI SAC intelligence program. Each SAC will be responsible for determining how to document each UAC arrival in the Investigative Case Management (ICM) system; however, it is recommended that every initial UAC encounter at the border or its functional equivalent be documented in a general case opened by each border operations team (Border team) in order to capture any applicable case and foreign language hours. If during the review for suf?ciency or follow-up interview of the UAC and their reSpective smuggler, it is determined a referral can be sent to another area of responsibility?s team (affected team) for further investigation, it is recommend that an independent case?separate from the aforementioned general case?be opened in ICM by the Border team and a collateral case be sent to the affected team for follow up. All cases opened during the operation will have the UAC project code applied, in addition to any other applicable project codes. This deer . -- . 11 communication, andr?or any attachments may contain con?dential. draft, deliberative. pro-decision - ?u icial use only- law enforcement sensr . . It is not for release, review. retransmission, dissent} -, . anyone other than. the intended recipient. Please notify the sender if this doeume . - - - mmuni - .- - misdirected and immediately destroy all originals and copies. Furthermore. do not print copy, re-tr- - mate, or - - . 1 .is information. Any diselosme of this document, record. communication, and .-. ems must be approved by Homeland Security Investiga . - ation and Customs Enforcement. 1111' I . . -- or USE ONLY and may be exempt from disclosure under the Free I . [nfomm on Act, 5 U.S.C. 2018-ICLI-00046 277 Execution This operation is ajoint effort of ERO and [-181 and is dependent on the collaboration of the field of?ces to ensure that all administrative and enforcement protocols for each Directorate are followed. The initiative will be conducted in three sequential phases. Phase I: Border encounter?ead referrals to affected AOR Desired condition/enablers: signi?cant decrease of UAC arrivals. Upon a UAC encounter and detention, CBP will notify the Border team via email and include the executed Record of lnadmissible or Deportable Alien form (1-213) and interview notes. The Border team will immediately review the information for suf?ciency and forward the information to the affected team and DHS Human Smuggling Cell for awareness. II The teams will then have up to 72 hours from the time of the UAC encounter to complete .Sponson?parent interviews and determine any appropriate initial enforcement actions. Border teams will not be required to perform detention duties or be responsible for the detention of the UACs. I If suf?cient information on parents or family members is obtained, a collateral case will be sent via ICM to the affected team for action. - Teams will be available to immediately conduct database checks and contact suspected sponsorlparent or family members to identify, interview, and, if applicable, seek charges against the individual(s) and administratively arrest the subjects and anybody encountered during the inquiry who is out of status. Headquarters Responsibilities - Three-phased media and congressional strategies will be developed by Of?ce of Public Affairs (GPA) and Office of Congressional Relations, respectively, and will be shared with SACs and F003 prior to and during the initiative. I Coordination with the US. Department of Justice (DOJ) and HHS. - The Human Smuggling Program will provide guidance to ?eld components to ensure the effective implementation of the initiative. - -- I record, communication. andror any attachments may contain con?dential, drall. deliberative. pie-decisioI -- u' or official use only -law enforeem .- - 'nforrnaiion. it is not for release. review, retransmission, disscmi . . ILE .yanyonc other than the intended recipient. Pleasu notify the sender: . . . - I record. or eontmunieatiI I - -.- . misdirected and immediately destroy all originals and copies. Furthermore, do not print. copy, rc-transntit, . 1-w- - otherwise use this information. Any disclosure ofthis document, record, communication. and any case II I it approved by Homelan t. I a ?ations, US. Immigration and Customs Enforcement. This document is I - - USE ONLY and may be exempt from disc osu I I reedom of Information - .3. 552(c)(5). 2018-ICLI-00046 2T8 SACIFOD Responsibilities I Field management will be jointly responsible for coordinating with local U.S. Attomey?s Offices (U and their respective border security coordinators Of?ce of the Principal Legal Advisor and GPA, and Office of Field Operations and Office of Border Patrol). With operational security in mind, coordinate with local child protective services. I Field management will establish mandatory response teams comprised of ERO deportation of?cers and HSI special agents, led by an HSI group supervisor. 0 Border teams will review CBP UAC encounter interviews and, if additional information is required will conduct UAC interviews while UACs are still in CBP or ERO custody. I Protocols will vary in however, detainee processing and court appearances will be jointly performed by and ERG. Criminal and administrative arrests will be processed through the Enforcement Integrated Database Arrest Graphical User Interface for Law Enforcement. I or ERO operational plans will be used for each interview and enforcement operation. I Application of designated program and operation codes. Metrics Captured Number of criminal arrests (with associatiom'relation to Number of referrals to ICE from Number of administrative arrests Number of collateral arrests, both administrative and criminal; Number of cases that are declined prosecution (internal number for HSI headquarters to help address issues with and Number of gang members/affiliates arrested. lfapplieahle. National and local team regional database CBP conducts cheeks. Enforcement encounters enforcement surveillance and action UAC action deconfliction conducted I I I CBP refers Package 72 hours front CBP Administrative package to forwarded to UAC encounter to and criminal Border team affected AOR conduct suspected arrest learn sponsor interview Field of?ces should consult with the local USAO regarding local prosecution guidelines that may affect operational feasibility*rd, communication. andi'or any attachments may contain con?dential, draft, deliberative, pre-decisional, andfor for at use oniy- law enforcement - ion. It is not for release, review, retransmission. dissemination - . . q- - cf than the intended recipient. Please notify the sender if this our - - . ommuu' . - -: mts- irectcd and immediately destroy all originals and copies. Furthermore, do not print co. - I sscminate, or u? _li5 information. Any disclosure of this document, record co . i any attachments must be approved by Homeland Security ..- .. ation and Customs 7- en . is document is for USE ONLY and may be exempt from disclosure under the Free 0 - . inl?onnation Act. 5 U.S.C. 552(h)(5). 2018-ICLI-00046 279 Phase II: Analysis of historical US. Department of Health and Human Services sponsoriparent data Desired condition/endstate: analysis of HHS sponsor/parent data to identify human smuggling organizations, networks, andfaciiators smuggling UACs to take appropriate investigative /enforcement action as needed. The Operation will analyze historical ORR data from 2015 through 201?~?beginning with the most current 2017 data?to identify associates of the HSOs responsible for facilitating the smuggling of UACs. Target packages will be provided to the affected AORs for subsequent follow-up. The ERO National Criminal Analysis and Targeting Center will conduct record checks for the teams and will be augmented with temporary duty HSI personnel to support the initiative. Targeting will be conducted based on lCE?s criteria factors. I The Human Smuggling Program will provide target packages to teams derived from HSI, ERO, and OR data related to the sponsors/family members of the UACs listed as their Sponsors. 0 The information will be used to open an investigation in using historical information from UAC encounters from October to December 2016, including ?nancial transaction data to support the smuggling scheme. (Illicit ?nancial transactions through money service businesses (MSBs) are the primary method that HSOs use to facilitate the smuggling of UACS.) I Teams will prioritize target lists and conduct operations, in coordination with the USAO in the affected judicial districts. 0 Prioritization will be based upon criminal history, removal status, immigration status. and other factors such as gang af?liation. or If appropriate, discretion may be used for sole caregivers and individuals with signi?cant medical issues. Deferred action and other immigration bene?ts may be used for material witnesses. Metrics Captured Number of criminal arrests (with associationirelation to Number of administrative arrests; Number of collateral arrests, both administrative and criminal; Number of cases that are declined prosecution (internal number for headquarters to help address issues with Value of seized assets; Identify and report changes in frequency of UACs and family units encountered along the Southwest Border since May 2017; and. .- This docum . -. I communication. andior any attachments may contain con?dential, draft. deliberative, pre-decisiona - -. a official use only - law enforcementsc - m?li?n. [t is not for release. review, retransmission. dissemin - . anyone other than the intended recipient. Please notify the sender if this - - ?hord, or communic i - - . 4' misdirected and immediately destroy all originals and copies. Furthermore, do not print. copy. reotransm' . - .. . rerwise use this information. Any disclosure of this document, record, communication. and an -- must be approved by Homeland cc . "ations. US. Immigration and Customs Enforcement. This docun - -- ERNM- USE ONLY and may he exempt from disclos - . -. Freedom of Inform . J.S.C. (but). 2018-ICLI-00046 280 I Intelligence and open-source reporting identifying the changes in the alien?s perception of the ability to enter and remain in the United States illegally (Attache, ?eld of?ce, and detention facility reporting). Phase Addressing the transnational criminal organizations Desired condition/endemic: identi?/ and disrupt the TCOs responsible for the smuggling Q?f UA Cs. Post-action analysis will be conducted to identify TCOs and be used to initiate domestic and international investigations and enforcement actions. 1- Coordinate with ICE Attaches and foreign counterparts to identify and dismantle TCOs. - HSI human smuggling program will extensively exploit financial transaction data using Transaction Record Analysis Center MSB data and databases to identify networks and individuals suspected of illicit financial transactions indicative of human smuggling. I HSI Human Smuggling Program will coordinate investigations derived from this operation. Metrics Captured 1- Identify and report changes in the frequency with which UAC and family units are encountered along the Southwest Border since May 2017; I Intelligence and open-source reporting identifying the changes in the alien?s perception of the ability to enter and remain in the United States illegally (Attache, ?eld of?ce, and detention facility reporting); 0 Number of investigations initiated as a result of the initiative; and I Number of civil immigration enforcement actions. This I - - rd communication, andlor any attachments may contain confidential. dra?. deliberative. pre-dccisional. andt'or for I cial use only - law enforcement -. union. is not for release. review, retransmission, dis-Summation, or - v.1, ot er than the intended recipient. Please notify the sender il'thls - . rd. or communication 1 - -. - Ireclcd and immediately destroy all originals and copies. Furthennore. do not print. copy. rc-transm? I - . - vise use this information. Any disclosure ofthis document. record. communication. and I - must be approved by Homeland Secun - 'r s. U.S. Immigration and Customs Enforcement. Th" . . -- or INTERNAL USE ONLY and maybe exempt from disclosure un-- . - 1 .nm of Info 2 Ion Act. 5 USE. 552(b)(5), 2018-ICLI-00046 281