ICE Directive 8010.1, Directive: 8010.1 Administration and Management of CRCL Inquiries

SO1OA . D 1,' ISTR VfJON AND MANAGEMENT OF INOUHUES FROM THE O 'FICF FOR CTVIL RICHTS . N1) (1\ IL LIBERITILS i/8/'014 Issue hate; Effective Date: 1/8/2014 8/2014 SuperseIed Federal Enterprise Arhtteture Number 3O6— 1.2—OO2 None, 1. the i ation adiris :r lay rcla;aal hbIh lc`s'f l t._dice otthe Department of Horne! ,nn1 ' e :.urit " i l )I Is }., supports c.I e Purpose/liack roan€I. The Office for Civil Rights and Civil 1_ihertic s (CRCL) headqu art.a DHS nrti<ion t€ rlr` ,; :r1'ri equality under the lass.. A paru 01 that mission i:ttcludes m e ;tigatw a= d re :ol in . civil rights and c isil liberties complaints re arding L)HS policies, 4cti\'itics, of actions taken by DHS personnel.

This extends to OHS components and, therefore, Includes in estigati.ng and resolving complaints regarding U.S. Immigration and Customs Lnfbrcet-rent (ICE) policies, actikities, or actions taken by .IC 'E personnel and It `E contractors. I his Directive outlines ICE's process for man r.ging CRCI.. inquiries an . defines : .e roles and responsibilities of key ICE personnel. This Directive applies to the processing of t. RC"1:.. i ,luiries, rcterrecl c om plafints, and :requests, as defined b;elcig all ICE personnel, 'I hn .)ire tip e applie 3I:" .iess, and. To ill sei c° <zs K i."<; pi male points is ot.' cont atc.t t`ui interaction with to referred compl:Tints, an edieaai re1dri'als and recommendations.

OPR will ensure ICE's interaction with CRCL operates as of l'ectivel and efficiently as 'a nti. dh ,- (:)lace of Diversity and I$olic~°. possible, flte: (.rff ice° of Prol"cssion;°fl Rospon'ihilnd €`OPR) C"it it Rights {()DC f? C'RC1. related intaker I: i reel cunplx fa33 = <p.aa (.`I .t" I , an maaLE i vestigate complai its allewbi.r g violation a' of civil rail"its ti lt'il itiaatiea car Fiss 'Hp them for investigation. t..)DC-T, will intake C:;II.C.'l., medical rekr-rals and recta -1 endatiuns and coordinate ICE's timely responses to them. lC.'1... is host capable of respond fl x to rel.kt ied c omn,.liaaari: , f :mLdical referrals, and recommendations when CRCL-submits them to ICE in as timely manner. CRCL requests for inl'orrnation and other. assistance will be Iuarndled b the aappropriate ICI :w program office or 00Cl , 3. Dc thions.

The following definitions apply for purposes of this Directive only:. 3.1 CRCL Inquiry. A communication regarding a matter that CRCL , is investigating to a ddre: a putet til'd ci ll rights cc € k it liberties issue or con r:pl.aint. lnciuiria. may include: Admintration and Managernem of q iii s, f'row tta c.afi't c: liar Civil Rights and Civil Liberties REL0000024797 F a. Draft recommendation memorandum. A memorandum shared with ICE before it is issued in final form so that ICE can provide CRCL with comments or other feedback about the findings or recommendations before they are formally issued by CRCL. s • r i s • t to r t •. •' •t - IS t • - of - a • r.. r t . as ii • 3.2.

CRCL Referred Complaint. A complaint for which ICE issues a report of investigation to CRCL for review at the completion of ICE's factual investigation. • " • • s is '• r, or LI • s • s' s • Administration and Management of Inquiries from the Office for Civil Rights and Civil Liberties REL0000024797 s r i - • I R.R: 3.6. Subject Matter Experts (SMEs). ICE employees who are responsible for, or have extensive knowledge about a particular program, subject, or the relevant organization and are so designated by their relevant chain of command. • , • • : •. • • ~ ' and •• 1 •s • jL ' I D • .'" r r • ! r i Rr• 3) Selecting employees from their immediate staff to serve as task monitors; 4) Properly reviewing and clearing documentation to be submitted to ODCR; Administration and Management of Inquiries from the Office for Civil Rights and Civil Liberties REL0000024797 1] 1: 1 ff f r 1) Overseeing all aspects of this Directive related to CRCL inquiries, as defined in section 3.1, including serving as the primary point of CRCL contact, coordinating the development of responses, facilitating Directorate and Program Office consensus and clearance, and ensuring response tracking and timely delivery to CRCL; f ♦ • iI: f 1' ♦ f♦ • 1 f f 6) Convening a meeting, as necessary, between ICE and CRCL, with all relevant SMEs, to discuss CRCL inquiries, as defined in section 3.1, when, in the view of either ICE or CRCL, a meeting may assist with resolving concerns or questions about the inquiries; r • ff '♦ • sl 1• • ' r r f • f f "" ~. f 8) Clearing all responses through the affected Directorates and Program Offices, OPLA, and the ICE Deputy Chief of Staff; 9) Reviewing and submitting all cleared, official ICE responses to CRCL inquiries, as defined in section 3.1; ff • f 1 a .ff .. '♦ ♦ • ♦ * ' r Administration and Management of Inquiries from the Office for Civil Rights and Civil Liberties REL0000024797 si :. • • ! •s 1) After receiving a referred complaint regarding a violation of civil rights or civil liberties from CRCL, OPR will review the complaint to determine if it has already been investigated and provide the results of the previous investigation to CRCL; 2) Timely investigating referred complaints or assigning them for investigation; 3) Maintaining results of its investigations in its case management system; i /I • ! !♦ i • i i!

O 4.4. The ICE Inquiry Management Team is responsible for: •! r • i • s/ •R !! ~' • 4.5. Task Monitors are responsible for: ! • 1 • ' . . 1 ! ^' • ! ! is • 2) Designating SMEs for all incoming CRCL inquiries, as defined in section 3.1; 9 dead ! • .

1 • — ! 1 ! •' It . r Administration and Management of Inquiries from the Office for Civil Rights and Civil Liberties REL0000024797 0 • .SP 1) Serving as the principal experts with substantive contextual and technical knowledge of the issues raised in the inquiry; rf ! f: i ! !: ! • f r f 4.7. CRCL Request POCs are responsible for: I) Serving as the point of contact in their Directorate or Program Office to receive, track, and respond to CRCL requests, as defined in section 3.3; 4. . Supervisors are responsible for: 1) Immediately notifying the task monitor of any CRCL inquiry or information requests received outside the process described in this Directive; ' f • . ! f • . r .. . • YSJIII Administration and Management of Inquiries from the Office for Civil Rights and Civil Liberties REL0000024797 • .

1) Immediately notifying their supervisor of any CRCL inquiry received outside the process described in this Directive before responding to CRCL; 2) Cooperating with CRCL when being interviewed as part of an investigation; and 3) Providing their supervisor with copies of all inquiry-related correspondence and requests for information, data, materials, or documentation of telephone contacts with CRCL. •tt 4 t 2) {APR will investigate, or assign for investigation, referred complaints received from CRCL; to . . •. ~! • s s s •. . • .// • F, s ll) P1 tti trl t : t flY?ll 1) The Chief of the Civil Liberties Division, ODCR, will collect all CRCL recommendations received and convene a meeting with the ICE Inquiry Management Team, as necessary, to review and discuss which Directorate or Program Office(s) should be tasked with responding to each inquiry; ' •EI • ~' •1 • i •/ . • s Administration and Management of Inquiries from the Office for Civil Rights and Civil Liberties REL0000024797 a r 1 • 5) Upon receipt of the cleared, final response from the Office of the Director, ODCR will submit it to CRCL. 1 ji I I: . I I _ 7.2. DHS Management Directive No, 3500, Operational Roles and Responsibilities of the Officer for Civil Rights and Civil Liberties and the Office of Chief Counsel, issued May 19, 2004.

Administration and Management of Inquiries from the Office for Civil Rights and Civil Liberties REL0000024797 ; : ♦ . • 9 Office for Civil Rights and Civil Liberties, Compliance 2013. tc Brach, issued Novmher 6; 7, 4. Pr i rcu v Act of 19;4, 5 Li. . .. § 52a(d),. 7M ~.

OI:;lS 1 nngenient Directive No. 04702 Privacy Act Complianee, issued October 6, 2005. 7.6 OHS Privacy Policy Guidance Memorandum 2011-411, Privacy Act Amendment 8. 9. Requests, February 1.1.2011,.

Attachments. None No Private Ri ht. These guidelines and priorities are not intended to, do not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law by any party in. any administrative, civil, or criminal matter. Z~.

1 4 U ~. Mfg 3 r John Sandwgll Acting Director U.S. Immigration and Customs lufoFcemcnt Administration -and Manasement of Inquiries from the Office for Civil Rights and Civil I.:he rti REL0000024797