ICE, Guidelines for Enforcement Actions In or Near Protected Areas - Mar. 4, 2022

HOMELAND SECURITY INVESTIG ATIO NS

Guidelines for Enforcement Actions In or Near Protected Areas (cid:120) A social services establishment, such as a crisis center, domestic violence shelter, victims services center, child advocacy center, supervised visitation center, family justice center, community-based organization, facility that serves disabled persons, homeless shelter, drug or alcohol counseling and treatment facility, or food bank or pantry or other establishment distributing food or other essentials of life to people in need. (cid:120) A place where disaster or emergency response and relief is being provided, such as along evacuation routes, where shelter or emergency supplies, food, or water are being distributed, or registration for disaster-related assistance or family reunification is underway. (cid:120) A place where a funeral, graveside ceremony, rosary, wedding, or other religious or civil ceremonies or observances are likely to occur. (cid:120) A place where there is an ongoing parade, demonstration, or rally.

Exceptions The Secretary’s Guidelines state that the list of examples it provides is not a complete list, and that Special Agents must consider what impact a detention or an arrest would have on an individual’s access to the protected area itself. The foundational principle of the Secretary’s Guidelines is that, to the fullest extent possible, Department of Homeland Security law enforcement officers should not take an enforcement action in or near a protected area. Nevertheless, the Secretary’s Guidelines recognizes that there might be limited circumstances under which an enforcement action needs to be taken in or near a protected area. The following are some examples of such limited circumstances.

Exceptions include, but are not limited to: (cid:120) The enforcement action involves a national security threat. (cid:120) There is an imminent risk of death, violence, or physical harm to a person. (cid:120) The enforcement action involves the hot pursuit of an individual who poses a public safety threat. (cid:120) The enforcement action involves the hot pursuit of a personally observed border-crosser.

(cid:120) There is an imminent risk that evidence material to a criminal case will be destroyed. (cid:120) A safe alternative location does not exist. Approval of Enforcement Actions in or Near Protected Areas The Assistant Director, Domestic Operations, or designee, is the approving official for enforcement actions in protected areas submitted by HSI Special Agents, via their chain of command. Special Agents in Charge, or their designees, are the approving officials for enforcement actions near protected areas submitted to them by HSI Special Agents in their area of responsibility.

HONOR | SERVICE | INTEGRITY FOR OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE HOMELAND SECURITY INVESTIG ATIO NS Guidelines for Enforcement Actions In or Near Protected Areas For enforcement actions in a protected area, HSI Special Agents must seek prior approval via a memorandum to the Assistant Director, Domestic Operations, or designee. For enforcement actions near a protected area, HSI Special Agents must seek prior approval via a memorandum to their Special Agent in Charge or designee. With respect to determining what near a protected area means, the Secretary’s Guidelines state that “There is no bright-line definition of what constitutes ‘near’.” A variety of factors can be informative, such as proximity to the protected area, visibility from the protected area, and people’s behavioral patterns in and around the protected area. The determination requires an analysis of the facts and the exercise of judgement.

The fundamental question is whether our enforcement action would restrain people from accessing the protected area to receive essential service or engage in essential activities. Our obligation to refrain, to the fullest extent possible, from conducting a law enforcement action in or near a protected area thus applies at all times and is not limited by hours or days of operation. If an enforcement action is taken due to exigent circumstances and prior approval was not obtained, HSI Special Agents must inform HSI Domestic Operations within 24 hours post-action and complete all necessary requirements for proper reporting. Reporting of Enforcement Actions in or Near Protected Areas within In accordance with the Secretary’s Guidelines, “Any enforcement action taken in or near a protected area must be fully documented in your Agency’s Privacy Act-compliant electronic system of record in a manner that can be searched and validated.” In compliance with this will be utilized to ensure the proper requirement, recording of applicable enforcement actions.

HSI Special Agents are directed to include protected area information within the Enforcement Operations Plan in In particular, if the planned operation is in or near a protected area, HSI Special Agents will choose which type of protected area best qualifies and further choose (or define in text) which exception best prompts initiating an enforcement action in or near that particular protected area. The following are the categories of protected areas in (cid:120) Any School (cid:120) Medical, Healthcare Facility or Office (cid:120) Any Place of Worship (cid:120) Place where Children Gather or Recreate (cid:120) Social Service Office or Establishment (cid:120) Emergency/Disaster Response Shelter or Aid Location (cid:120) Place of Any Religious or Civil Ceremony, including Wedding or Funeral (cid:120) Gathering of People; Demonstration, Rally, or Parade (cid:120) Other (Text Box Fill-In) HONOR | SERVICE | INTEGRITY FOR OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE (b) (7)(E)(b) (7)(E)(b) (7)(E)(b) (7)(E) HOMELAND SECURITY INVESTIG ATIO NS Guidelines for Enforcement Actions In or Near Protected Areas The following are the categories of exceptions in Imminent Risk of Death, Violence, or Physical Harm (cid:120) National Security Threat (cid:120) (cid:120) Hot Pursuit Involving Personally Observed Illegal Border-Crosser (cid:120) (cid:120) A Safe Alternative is Not Available (cid:120) Other (Text Box Fill-In) Imminent Risk to Destruction of Evidence Please ensure that all employees who are required to comply with this Memorandum receive instruction in conducting enforcement actions in or near protected areas. Instruction is delegated to all Special Agents in Charge or their designees to ensure that awareness of the Secretary’s Guidelines is achieved and proper notifications and entries are made. HONOR | SERVICE | INTEGRITY FOR OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE (b) (7)(E)(b) (7)(E)