ICE Directive 1012.1, Directive: 1012.1 ICE Screening Criteria for Federal, State or Local Law Enforcement, Correctional, and Mission Support Personnel Supporting ICE Programs

ICE 1-3.0 October 18, 2007 October 18, 2007 October 18, 2010 See Section 3 Below. •' • • fl 1 ' f •: • l • 2.4. Immigration and Nationality Act (INA) of 1952, Pub, L. No. 82-414, 66 Stat. 163 (codified as amended at 8 U.S.C. §§ 1101 et seq.) § 287(g). 2.6. 5 U.S.C. § 552(a), Privacy Act Issuances: 1991 Compilation, vol. II, p. 735 or Privacy Act of 1974. wI • ar-lrj S • • f ,' :i • 1 ut u ii It IJJ1J1 5 I f ii• f f r•►' , • l REL0000021422 1) u jfll n1Iju,,tII[sJIpuIvI IL r M r r' • f r # ♦ • I • r. . • r O • • f •'1 • r r• • s r~s i r • r • r i' Ir • f i. i r r1' • •i • +r r f • •f f • • 1 • r • • • •r ,r• • • • • r • r' r f • r• f • r •. r ►~ i • • r r • r • • • ., 1 • i •- f• r r • • • i r • i • , r r r .+ r • • f i • r r REL0000021422 " o Y is • • :-. •'.. fl • 5.7.

Sensitive Information. Information, the loss, misuse, disclosure, or unauthorized access to or modification of which could adversely affect the national or homeland security interest, or the conduct of Federal programs, or the privacy to which individuals are entitled under 5 U.S.C. § 552(a) (the Privacy Act), but which has not been specifically authorized under criteria by an Executive Order or an Act of Congress to be kept secret in the interests of national defense, homeland security, or foreign policy. This definition includes the following categories of information: • ! ♦ 2) Sensitive Security Information (SSI) as described in 49 C.F.R. Part 1520; or 3) Sensitive but Unclassified Information (SBU) consists of any other information which, if provided by the government, is marked in such a way to place a reasonable person on notice of its sensitive nature; or is designated "sensitive" in accordance with subsequently adopted OHS information handling requirements. 1 ! •" i r!'!

1 t" fI t f ' • 1 • 5.9. Suitability Determination. A determination made by a personnel security specialist of an individual's fitness for access to ICE facilities, sensitive information, or resources. 5.1 0, Suitability Screening.

The process of determining a person's suitability for employment to work or provide services to ICE or in support of ICE. ICE Screening Criteria for Federal, State, or Local Law Enforcement, Correctional, and Mission Support Personnel Supporting ICE Programs REL0000021422 n W 1) Designating an OPR PSU Point of Contact (POC) to assist ICE program offices in vetting federal, state, and local law enforcement, correctional, and mission support personnel supporting ICE Programs; 2) Conducting, adjudicating, and tracking suitability-screening investigations and recording the determinations; 3) Providing the Law Enforcement Support Center (LESC) identification data for all federal, state, and local law enforcement, correctional, and mission support personnel being vetted; and 4) Notifying the ICE program offices and the National Systems Control Office (NSCO) of the results of an individual's vetting. 7.3 ICE program offices that require the use of this Directive are responsible for: 1) Identifying a point of contact to work with the OPR PSU; ICE Screening Criteria for Federal, State, or Local Law Enforcement, Correctional, and Mission Support Personnel Supporting ICE Programs REL0000021422 LI vK— E !~ t , t • f • '1 • r + • r • , • r• 1 • • , ,rr s• 1, , .. • IJ •TAD Ti ! 2) Verify an individual's criminal history by a fingerprint check conducted through the FBI; 83.

Adjudication Criteria. Suitability determinations are to be made in accordance with the following adjudication criteria: a) Misconduct or negligence in employment; ICE Screening Criteria for Federal, State, or Local Law Enforcement, Correctional, and Mission Support Personnel Supporting ICE Programs REL0000021422 R b) Criminal or dishonest conduct; c) Material, intentional false statement, or deception or fraud in examination or appointment; d) Refusal to furnish testimony; I Wt S. i • ♦ ♦ 1 • r r • + r + + : r h) Any statutory or regulatory bar which prevents access to ICE systems by the candidate. e) The age of the person at the time of the conduct; ICE Screening Criteria for Federal, State, or Local Law Enforcement, Correctional, and Mission Support Personnel Supporting ICE Programs REL0000021422 h it . i i i • r ► ►. 9.

ATTACHMENTS.

Appendix, IT Access Enrollment and Removal Procedures. r r ► •r i . li ► r. Approved dQ1i L.Myers stant Secretary Y14 ,' .--J U.S. Immigration and Customs Enforcement r ~ r REL0000021422 Appendix IT Access Enrollment and Removal Procedures a r: t • .. • r ~: t •r rr •; ♦ . • #; r r • ♦ . r r r r r' s• • r. l . The NSCO will deactivate and archive the access control and the user records of the individual. air •~ t•• "' r REL0000021422