ICE, Level of Parole Authorization Required for Detained Aliens (May 23, 2002)

JUN-12-2002 08:45 P.03/03 Omce of the Execufive A!Isociate CommiliBiortc:r' U.s. Department of lQsti~e Immigration and Naturalization Service HQINS 70/10.10 4251$J.reet MY Wasflingr.oIJ, DC 205J6 MAY 23 mt MEMO~~CTORS . 1 lamS r-- FROM: Executive "Associate Commissioner Office ofFieJd Operations SUBJECT: Level of Parole Authorization Required for Detained Aliens The purpose of this memorandum is to clarify the status of an alien detained in the custody of the Immigration and NaturcdizatioD Service (INS) or released to the custody of another agency and the level of authority required to authorize such status. Parole of an Alien into other Law EDforcemeut Agencies for Procession: The level of parole authorization established in the Deferred Ins.pcction. Parole and Waivers ofDocumentaty Requirements dated November 28.

2001. is not required for aliens transferred into the custody of another law enforcement agency, such as for criminal prosecution. Under such circumstances. the supervisory immigration inspector may authorize the parole. To prevent the alien's release into the United States, the port-or-entry will issue a FOlIn 1-247, ImmigI'Qliol1. Detainer to the law enforc:ement agency assuming cllstody of the alien.

8 CPR 287.1 Aliens Plaeed inlNS Custody: An alien who is placed in a special processing center, contTact detention facility, or otherwise dctail,led bY,the lNS, remains in the custody of the INS and is not considered in parole status. Therefore, such alien should not be processed or reported as a paroled alien. AJiy questions can be referre"d to b6,b7c Office of Inspections at (202) 305- b6,b7c TOTAL P.03 ICE.10.1011.000032