ICE, Addition of Chapter 19, Section 2 (General Policies) of the Detention and Deportation Officer's Field Manual (DDFM) (Aug. 25, 2003)

u.s. Department of Homeland Security . Bureau of Immigration and Customs Enforcement HQDRO 50/12.8 801 [ Street NW Washington, DC 20536 August 25, 2003 LD OFFICER DIRECTORS n.-.."I';Jyrj."T ASSISTANT DIRECTOR FOR FIELD OPERATIONS Office ofthe Director FROM: SUBJECT: Addition of Chapter 19, Section 2 (General Policies) of the Detention and Deportation Officer's Field Manual mDFM) The DDFM is changed to reflect the addition ofSeetion 2, Chapter 19. Accordingly, the DDFM is changed as follows: 19.2 General Policies INTRODUCTION AND BACKGROUND The removal of criminal aliens from the United States is a Bureau of Immigration and Customs Enforcement (ICE) top priority and a matter of Congressional concem for many years. This manual reflects ICE's commitment to encourage all aliens to comply with properly issued Removal, Deportation, and Exclusion Orders.

ICE's commitment to locating, apprehending and removing aliens who have been ordered removed or granted the privilege of voluntary departure from the United States but failed to comply with those orders. Unless ICE takes practical steps in this regard, the practice of aliens ignoring adverse orders of the Executive Office of Immigration Review (EOIR), the Board of Immigration Appeals (BIA), and federal courts will continue. It also represents Memorandum for All Field Office Directors Subject: Addition of 19.2 to the DDFM II.

MISSION

The mission of the National Fugitive Operations Program (NFOP) is to identify, locate, apprehend, process, and remove fugitive aliens from the United States. This mission will be carried out in a safe, professional manner.

III.

AUTHORITY

Section 287 of the Immigration and Nationality Act (INA) contains the authority ICE officers have to arrest, detain and remove certain aliens from the United States. Each officer participating in fugitive operations will be familiar with the laws and procedures relating to search and seizure and the enforcement authorities under the INA. Officers will review the M'j[~®~.Arrest]lJlit.sefz ~; concerning their authority as Immigration Q~.c?_~!~;,.._~D,.~~.lIe!!.~~mmaryof the aut~oritY~~!J.'2l.']1i9r~?!l_Q!fice£~~,.. contained in 6P.P.J?D5!!~g.~1:f9JJfi!fQ§.I~ffjfQij}§.qg{[email protected][q!if@J!jQ!~i:~lflfiIg]ylarttia1XM:J 4:8~ .:.:.<c.~i!../t IV.

DEFINITIONS ~ -FOD.

FleldOffice·l)lreclof~· ~:' ----------------~ B. C. D. E. Case Officer. The individual who plans a fugitive operation, and prepares the Field Operations Worksheet (see sample, ' is responsible for briefing other officers about the case and making contact with the fugitive at his/her residence or place of business. ,attached). This officer General Assignment Deportation Officer. Any deportation officer not assigned to one of the Office of Detention and Removal (HQDRO) designated Permanent Fugitive Teams.

Fugitive Operations Team (FOT). Any group of deportation officers assigned to full-time fugitive operations. This could be an FOD designated team or a HQDRO designated Permanent Fugitive Team. A FOD designated team shall contain an even number of officers not counting the assigned supervisors, Le. two, four, six, etc...

HQDRO designated Permanent Fugitive Team organization is contained in Mp~DQ[;: .~. Final Order of Deportation or Removal. The order of the Immigration Judge, the Board of Immigration Appeals (BIA) or other such Administrative Officer to whom the Attorney General has delegated the responsibility for determining whether an alien is removable, concluding that the alien is deportable, removable or excludable or ordering removal. A final order is defined in ~'" - ~,.

Memorandum for All Field Office Directors Subject: Addition of 19.2 to the DDFM F. Fugitive: Any subject, not in ICE custody, who: ~ Is an alien who failed to depart the United States under either a grant of voluntary departure or removal order. 1 ~ Is an alien who has failed to appear for a hearing before an Immigration Judge. ~ Is an alien who has failed to report to an ICE officer after receiving a legal order to do so. ~ Is an alien who has failed to comply with any conditions placed on him/her when released on bond. order of recognizance or order of supervision. ~ Is an alien who has failed to comply with the provisions of any program that requires him/her to report to ICE for any reason. ~ Is any subject who is wanted by the Directorate for Border and Transportation Security for criminal violations of the Titles 8, 18, 19 and 21 .

G. H. J. Informed Consent.

Permission to enter or remain on a premises given by an owner, tenant, or resident of legal age. Law Enforcement Officer (LEO). An officer or employee of an agency engaged in the administration of criminal justice pursuant to statute or executive order, including (1) courts; (2) a government agency or component which performs the administration of criminal justice as defined in 28 CFR Part 20 including the performance of any of the following activities: detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. GER 28t:rd'l~.".·\.1 [See g ~~,~~.....:..\:R}J V. GENERAL POLICY (a) Supervisory oversight is critical in ensuring that the NFOP is implemented consistently throughout the Service.

As such, supervisors will ensure officers will receive all training, equipment, and leadership necessary to safely and effectively 1 For purposes of clarity a removal order is any order issued either under the INA prior to or after April 1 1997. Memorandum for All Field Office Directors Subject: Addition of 19.2 to the DDFM Page 4 conduct fugitive operations. FODs are encouraged to establish local policy and procedure manuals that complement this manual but do not restrict operations that can be conducted under the authority of this manual. Local manuals shall concentrate on local considerations when conducting Fugitive operations. b2High, b7e (g) Criminal prosecutions under f.in~:&1QDllet{!§mlir.~~Co]g1f.~~~oo:12~1@ii[rl~ (t?'}~D<f~§ftgljP.K~j:~~~, as they relate to fugitives, shall be pursued as practicable.

(h) All training related to fugitive operations provided to ICE officers will be documented and maintained by a supervisor or designated Training Officer. b2High, b7e Memorandum for All Field Office Directors Subject: Addition of 19.2 to the DDFM PageS (i) Local supervisors will provide a copy of this manual to all officers conducting fugitive operations. They shall maintain a written record of all officers who have received a copy or been made familiar with this manual. b2High, b7e VI.

TRAINING

An officer must have completed ICE3 basic taw-enforcement training, as identified under ~~-Y8ji.mtbeforethe FOD Will aUthorize 'f1isi'fler paiticipatf6i11n fugitive" . _., ,. operatlOns.·-"Until time and training resources permit, deportation officers assigned to non-permanent fugitive operations teams shall conduct operations in accordance with this manual. assisting in fugitive operations. Their participation in the NFOP will not begin, however, until they have received and become familiar with a copy of this Policy and have received the requisite training. ICE personnel from programs other than DRO may be tasked with 3 For pmposes of this manual officers who graduated from the Inunigration Officer Academy (Special Agent, Immigration Enforcement Agent and Deportation Officer) or the United States Border Patrol Academy have met the basic training requirement enumerated in 8 CFR 281.1(g).