ICE, Handbook: HSI 18-03 Criminal Gangs Investigations - Aug. 13, 2018

CRIMINAL GANGS INVESTIGATIONS HANDBOOK

Table of Contents Chapter 1. PURPOSE AND SCOPE .......................................................................................1 Chapter 2. INTRODUCTION..................................................................................................1 • 2.1 The National Gang Unit ...............................................................................1 • 2.2 Mission .........................................................................................................1 • 2.3 Operation Community Shield ......................................................................2 Chapter 3. DEFINITIONS AND GANG MEMBERSHIP IDENTIFICATION ................2 • 3.1 Gang .............................................................................................................2 • 3.2 Transnational Criminal Gang .......................................................................3 • 3.3 ICE Gang Membership Identification Criteria ............................................3 • 3.4 Gang Member ..............................................................................................4 • 3.5 Gang Associate ............................................................................................4 • 3.6 Gang Leader .................................................................................................5 • 3.7 No Gang Involvement ..................................................................................5 • 3.8 Proper Documentation of Gang Membership ..............................................5 • 3.9 Gang Training ..............................................................................................6 • 3.9.1 Street Gang Investigations and Tactical Considerations Course .................6 • 3.9.2 Gang Identification Training........................................................................7 Chapter 4.

AUTHORITIES/REFERENCES .........................................................................7 • 4.1 • 4.2 Customs Officer and Immigration Officer Authorities ................................7 References ....................................................................................................7 Chapter 5. RESPONSIBILITIES ............................................................................................8 • 5.1 • 5.2 • 5.3 • 5.4 • 5.5 • 5.6 Executive Associate Director, Homeland Security Investigations ..............8 Deputy Assistant Director, Illicit Trade, Travel, and Finance Division ......8 Unit Chief, National Gang Unit ...................................................................8 Special Agents in Charge and Attachés .......................................................8 Group Supervisors .......................................................................................8 Special Agents and Task Force Officers ......................................................8 _____________________________________________________________________________________________________________________ FOR OFFICIAL USE ONLY Criminal Gangs Investigations Handbook LAW ENFORCEMENT SENSITIVE August 13, 2018 i • 11.3 Organized Crime Drug Enforcement Task Force ......................................26 • 11.4 National Gang Unit ....................................................................................26 • 11.5 Domestic Operations ..................................................................................27 APPENDICES Appendix A Appendix B Appendix C Appendix D Definitions and Gang Membership Identification ................................... A-i Gang Specific Program Codes ................................................................. B-i Superseded Documents ............................................................................

C-i Acronyms ................................................................................................. D-i _____________________________________________________________________________________________________________________ FOR OFFICIAL USE ONLY Criminal Gangs Investigations Handbook LAW ENFORCEMENT SENSITIVE August 13, 2018 iii CRIMINAL GANGS INVESTIGATIONS HANDBOOK Chapter 1.

PURPOSE AND SCOPE

The Criminal Gangs Investigations Handbook establishes policy and procedures for U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) Special Agents (SAs) and Task Force Officers (TFOs) when investigating criminal gangs within the scope of their authority. Chapter 2. INTRODUCTION 2.1 The National Gang Unit As designated in the “ICE Lines of Authority” Directive (ICE Policy Number: 1048.2), dated March 10, 2017, or as updated, HSI is responsible for overseeing the investigation of domestic, transnational, and international criminal activities. This includes investigating and, where appropriate, referring for prosecution any criminal violation of federal law relating to, among others, gangs or criminal syndicates engaged in criminal activity.

The National Gang Unit (NGU) plays a critical role in ICE’s mission to combat transnational criminal gangs. 2.2 Mission Ensuring public safety is among HSI’s most important missions, and combatting transnational criminal gangs is an integral part of that mission. Gang-related crime, including murder, kidnapping, extortion, home invasion, witness intimidation, and other violent acts, continues to remain a clear and present threat to communities in the United States. Criminal Gangs Investigations Handbook August 13, 2018 1 FOR OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE (b) (7)(E) HSI SAs are uniquely qualified to combat transnational criminal gangs through their broad statutory criminal authorities and civil immigration enforcement authority, which provides SAs with the ability to prevent violent criminal acts by immediately removing dangerous gang members from the communities.

These two authorities are complementary and, when utilized properly, HSI’s criminal and civil immigration enforcement authorities maximize HSI’s ability to positively impact public safety. 2.3 Operation Community Shield In 2005, ICE initiated Operation Community Shield (OCS), an international law enforcement initiative that combines HSI’s expansive criminal and civil immigration enforcement authorities to combat the growth and proliferation of transnational criminal gangs, including street gangs, prison gangs, and outlaw motorcycle gangs, throughout the United States. With assistance from other federal, state, local, and foreign law enforcement partners, OCS helps HSI locate, investigate, prosecute, and, where applicable, remove gang members from communities and ultimately from the United States. (Note: OCS is an umbrella term for the HSI gang programmatic area and the primary platform for NGU initiatives.) Chapter 3.

DEFINITIONS AND GANG MEMBERSHIP IDENTIFICATION

The following definitions are provided for the purposes of this Handbook: 3.1 Gang1 A gang is a group, club, organization, or association of three or more individuals whose members collectively identify themselves by adopting a group identity which they use to create an atmosphere of fear or intimidation, frequently by employing one or more of the following: The gang’s primary purpose, in part, is to engage in a pattern of criminal activity; its members engage in criminal activity or in acts of juvenile delinquency that, if committed by an adult, would be crimes, with the intent to enhance or preserve the gang’s power, reputation, or economic resources, often through violence or intimidation. The gang may also possess some or all of the following characteristics: 1 See Section I of Appendix A for more information. Criminal Gangs Investigations Handbook August 13, 2018 2 FOR OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE (b) (7)(E) 3.2 Transnational Criminal Gang A transnational criminal gang is defined as one that, in addition to the criteria set forth in Section 3.1 above, possesses at least one of the following criteria: The citizenship and nationality of gang members/associates are not the sole factors in determining whether a gang is transnational in nature. SAs should prioritize all transnational criminal gangs, utilizing their broad criminal and/or civil immigration enforcement authorities.

3.3 ICE Gang Membership Identification Criteria2 A gang member is an individual who admits to gang membership or has been convicted of violating Title 18, United States Code (U.S.C.), Section 521 or any other federal or state law criminalizing or imposing civil penalties for gang-related activity. If an individual does not self-admit or have a gang-related conviction, the following criteria should be used, with one of at least two criteria (for gang members and gang leaders) having occurred within the previous 5 years: 2 See Section II of Appendix A for more information. Criminal Gangs Investigations Handbook August 13, 2018 3 FOR OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE (b) (7)(E)(b) (7)(E)(b) (7)(E) (Note: An individual’s proclamation denying gang membership should have no bearing on an SA’s determination of the individual’s gang affiliation.) 3.4 Gang Member A gang member is an individual who admits to being in a gang or who has a gang-related conviction. A gang member may also be an individual who exhibits two or more of the “ICE Gang Membership Identification Criteria” with at least one having occurred within the previous 5 years (see Section 3.3 above and Section II of Appendix A).

Admission or a gang-related conviction are the only criteria that do not require a second criteria listed in the “ICE Gang Membership Identification Criteria.” 3.5 Gang Associate A gang associate is an individual who has exhibited one of the “ICE Gang Membership Identification Criteria” within the previous 5 years (see Section 3.3). Criminal Gangs Investigations Handbook August 13, 2018 4 FOR OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE (b) (7)(E)(b) (7)(E)(b) (7)(E) 3.6 Gang Leader A gang leader is a gang member who holds a leadership position in the gang and directs the gang’s criminal and/or recruitment activity in furtherance of the gang’s criminal goals. 3.7 No Gang Involvement For the purposes of this Handbook, if an arrested individual does not exhibit any of the “ICE Gang Membership Identification Criteria,” the individual is determined to have no gang involvement (see Section II of Appendix A). 3.8 Proper Documentation of Gang Membership Proper documentation of the gang membership criteria met by an individual is critical for judicial matters – criminal and immigration removal proceedings.

As law enforcement officers (LEOs), SAs can document an individual as a gang leader, member, or associate, provided that there are articulable facts to substantiate the gang membership criteria that have been met. If intended for use in immigration or criminal proceedings, SAs should only use documents that are admissible in court, acknowledging that, once admitted, this documentation will be made available to the respondent/defendant and his or her counsel, if represented. It is the responsibility of the documenting SA to: A. Identify the gang membership criteria met by the individual (see Section II of Appendix A) AND B. Provide clear, concise, and articulable facts that substantiate the assignment of each gang membership criteria to the individual. Since this documentation will be used in criminal and/or immigration removal proceedings, SAs must document each gang membership criteria met and substantiating facts in the corresponding ICM Report of Investigation (ROI) and in the narrative section of DHS Form I-213, “Record of Deportable/Inadmissible Alien,” when completing the individual’s booking and enrollment into the Enforcement Integrated Database Arrest Graphic User Interface for Law Enforcement (EAGLE).

To avoid any discrepancies, it is recommended that the exact same narrative be used for the ICM ROI and the narrative section of DHS Form I-213. Additionally, any information used to justify a criterion should be included in the investigative case folder, Alien Registration File (A-File), uploaded into the individual’s ICM subject record via the “Media” tab, etc. Criminal Gangs Investigations Handbook August 13, 2018 5 FOR OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE (b) (7)(E)(b) (7)(E)(b) (7)(E) Although meeting two of the membership criteria is sufficient for an individual to be designated as a gang member, the more criteria are documented in the ICM ROI and the narrative section of DHS Form I-213, the more the government will be able to dispel any potential contest of gang membership designation by individuals. Examples: A. On March 8, 2018, the individual admitted to SA that he or she is a member of La Mara Salvatrucha (MS-13). Additionally, the individual has been seen displaying gang signs/symbols.

Please see the attached Facebook photographs. B. On April 7, 2018, New Jersey State Police Detective observed the individual flashing gang signs. Additionally, the individual has been arrested with other gang members on two or more occasions. Please see the attached police reports.

In cases involving an allegation of gang membership or association to be presented by the ICE Office of the Principal Legal Advisor’s Offices of the Chief Counsel before the U.S. Department of Justice (DOJ)’s Executive Office for Immigration Review (EOIR) Immigration Courts or to be prosecuted by a United States Attorney’s Office (USAO) in federal court, it is advisable for SAs to submit a comprehensive DHS Form I-213, ICM ROI, or other written documentation, supported by a Respondent-specific evidence packet. If SAs are using partner agency information to substantiate gang membership, they must ensure that the partner agency supplying the information provides permission for their documents to be used in criminal and/or immigration removal proceedings. In some instances, a subpoena (grand jury or criminal) must be utilized to enter the gang membership information as evidence in the aforementioned proceedings. 3.9 Gang Training 3.9.1 Street Gang Investigations and Tactical Considerations Course In coordination with the HSI Academy at the Federal Law Enforcement Training Center (FLETC) in Glynco, Georgia, NGU conducts annual advanced training for SAs and HSI TFOs assigned to Gang/Public Safety/Community Shield Groups.

The Street Gang Investigations and Tactical Considerations (SGITC) course taught at FLETC provides SAs and TFOs with gang identification training, case studies presented by the investigating SAs, prosecutorial strategies, etc. These announcements are sent out via Broadcast Messages. (Note: SAs and TFOs should consult with their local Field Training Program Manager for additional information regarding availability.) Criminal Gangs Investigations Handbook August 13, 2018 6 FOR OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE (b) (7)(E)(b) (7)(E) 3.9.2 Gang Identification Training Additional details about gang identification can be found in the “Gang Identification Training” course on the DHS Performance and Learning Management System (PALMS). NGU recommends that all SAs complete this training course. Chapter 4.

AUTHORITIES/REFERENCES 4.1 Customs Officer and Immigration Officer Authorities The Homeland Security Act of 2002, in conjunction with the Department of Homeland Security Reorganization Plan of November 25, 2002, and the Reorganization Plan Modification for the Department of Homeland Security of January 30, 2003, authorizes HSI SAs to perform the duties provided to them by law and regulation. Through this legal framework and corresponding delegation orders, the law enforcement authorities granted to customs officers (19 U.S.C. § 1589a and Title 19, Code of Federal Regulations (C.F.R.), Parts 161-162), and to immigration officers (8 U.S.C. § 1357 and 8 C.F.R. § 287.5) were transferred to HSI SAs, authorizing them to perform a number of duties, including, but not limited to, conducting investigations of offenses against the United States; conducting searches without warrant at the border, its functional equivalent, or the extended border; conducting inquiries related to alienage and removability; executing and serving search or arrest warrants; serving subpoenas and summonses; administering oaths; making arrests without warrant; requiring and receiving information relating to offenses; and bearing firearms. 4.2 References A. ICE Directive (Policy Number: 1048.2), “ICE Lines of Authority,” dated March 10, 2017, or as updated.

B. ICE

Memorandum (Policy Number: 10082.1), “Use of Public and Non-Public Online Information,” dated June 28, 2012, or as updated.

C. HSI

Handbook (HB) 12-03, “Informants Handbook,” dated August 2, 2012, or as updated. D. Office of Investigations (OI) HB 08-04, “Undercover Operations Handbook,” dated April 14, 2008, or as updated. E. OI HB 08-02, “Case Management Handbook,” dated February 1, 2008, or as updated. Criminal Gangs Investigations Handbook August 13, 2018 7 FOR OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE Chapter 5.

RESPONSIBILITIES 5.1 Executive Associate Director, Homeland Security Investigations The Executive Associate Director (EAD) of HSI is responsible for the oversight of the policies and procedures set forth in this Handbook. 5.2 Deputy Assistant Director, Illicit Trade, Travel, and Finance Division The Deputy Assistant Director, Illicit Trade, Travel, and Finance Division, is responsible for ensuring the implementation of the provisions of this Handbook within HSI. 5.3 Unit Chief, National Gang Unit The NGU Unit Chief is responsible for the implementation of the provisions of this Handbook within HSI. More specifically, the NGU Unit Chief is responsible for programmatic oversight of all HSI investigative activities associated with criminal gang investigations and for managing OCS, Specialized Urban Response Gang Enforcement (SURGE) operations, and criminal gang investigations.

5.4 Special Agents in Charge and Attachés Special Agents in Charge (SACs) and Attachés are responsible for implementing the provisions of this Handbook within their respective AORs. 5.5 Group Supervisors Group Supervisors are responsible for ensuring that SAs and other personnel assigned to their HSI Gang/Public Safety/Community Shield Groups comply with the provisions of this Handbook. 5.6 Special Agents and Task Force Officers SAs and TFOs are responsible for complying with the provisions of this Handbook. Chapter 6.

INVESTIGATIVE STRATEGIES 6.1 Targeting Priorities Criminal Gangs Investigations Handbook August 13, 2018 8 FOR OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE (b) (7)(E) 6.2 Disruption A disruption occurs when the usual operation of an identified organization is significantly impacted so that it is temporarily unable to conduct criminal operations. 6.3 Dismantlement A dismantlement occurs when an identified organization is incapacitated to the point that it is no longer capable of operating as a coordinated criminal enterprise. The ultimate goal of investigating transnational criminal gangs is the dismantlement of the entire network and organization through federal and/or state prosecutions. (Note: The federal statutes discussed in Sections 6.6-6.9 can greatly assist in dismantling criminal gangs.) Though designed to be disruptions, SURGE operations and disruption enforcement activities can facilitate larger investigations that can lead to successful dismantlements.

Criminal Gangs Investigations Handbook August 13, 2018 9 FOR OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE (b) (7)(E)(b) (7)(E) 6.4 6.5 Criminal Gangs Investigations Handbook August 13, 2018 10 FOR OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE (b) (7)(E)(b) (7)(E)(b) (7)(E)(b) (7)(E) 6.6 Racketeer Influenced and Corrupt Organizations Act A. Enactment of the Racketeer Influenced and Corrupt Organizations Act (RICO) The RICO Act, 18 U.S.C. §§ 1961-1968, was enacted on October 15, 1970, as Title IX of the Organized Crime Control Act of 1970. See Pub.

L. No. 91-452, 84 Stat. 941 (1970).

RICO provides severe criminal and civil penalties for individuals who engage in a “pattern of racketeering activity” or “collection of an unlawful debt” and who have a specified relationship to an “enterprise” that affects interstate or foreign commerce.

B. RICO

Elements In a criminal prosecution, the U.S. Government must prove the following RICO elements beyond a reasonable doubt: 1) Existence of an enterprise (can be association-in-fact); 2) The enterprise engaged in, or its activities affected, interstate or foreign commerce (only a de minimis effect on interstate or foreign commerce need be demonstrated); Criminal Gangs Investigations Handbook August 13, 2018 11 FOR OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE (b) (7)(E)(b) (7)(E)(b) (7)(E) Criminal Gangs Investigations Handbook August 13, 2018 12 FOR OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE (b) (7)(E) D. Racketeering Activity Under 18 U.S.C. § 1961, “racketeering activity” can consist of specified state and/or federal offenses, including, but not limited to, the following (see 18 U.S.C. § 1961 for a complete list of “racketeering activity”): 1) State offenses punishable by imprisonment for more than 1 year, including: a) Murder; b) Kidnapping; c) Robbery; d) Extortion; e) Dealing in a controlled substance or listed chemical (as defined in section 102 of the Controlled Substances Act); and f) Conspiracy. 2) Federal offenses, including, but not limited to, 18 U.S.C. §§: a) 1341 (mail fraud); b) 1343 (wire fraud); c) 1344 (financial institution fraud); d) 1503 (obstruction of justice); e) 1510 (obstruction of criminal investigations); f) 1511 (obstruction of state or local law enforcement); g) 1512 (tampering with a witness, a victim, or an informant); h) 1513 (retaliating against a witness, a victim, or an informant); i) 1951 (interference with commerce, robbery, or extortion); j) 1952 (racketeering); k) 1956 (laundering of monetary instruments); Criminal Gangs Investigations Handbook August 13, 2018 13 FOR OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE l) 1957 (engaging in monetary transactions in property derived from specified unlawful activity); m) 1958 (use of interstate commerce facilities in the commission of murder-for- hire); n) 1960 (illegal money transmitters); and o) any offense involving the felonious manufacture, importation, receiving, concealment, buying, selling, or otherwise dealing in a controlled substance or listed chemical (as defined in Section 102 of the Controlled Substances Act) punishable under any law of the United States. 6.7 RICO Conspiracy RICO Conspiracy, 18 U.S.C. § 1962(d), does not require the U.S. Government to prove that each defendant personally participated in a racketeering act (or even in an overt act) in support of the conspiracy. The U.S. Government need only prove that the defendant agreed that a conspirator would commit at least two racketeering acts in the conduct of the affairs of the enterprise.

HSI SAs involved in RICO cases should be cognizant of the following: Criminal Gangs Investigations Handbook August 13, 2018 14 FOR OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE (b) (7)(E) 6.8 Violent Crimes in Aid of Racketeering The VICAR statute, 18 U.S.C. § 1959, makes it a crime to: A. Commit murder, kidnap, maim, assault with a dangerous weapon, assault resulting in serious bodily injury upon, OR B. Threaten, attempt, or conspire to commit a crime of violence against any individual in violation of the laws of any state or the United States, in return for anything of pecuniary (monetary) value from an enterprise engaged in racketeering activity, or for the purpose of gaining entrance to or maintaining or increasing a position in such an enterprise. Criminal Gangs Investigations Handbook August 13, 2018 15 FOR OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE (b) (7)(E) 6.9 Hobbs Act The Hobbs Act, 18 U.S.C. § 1951, makes it a crime to, in any way or degree, obstruct, delay, or affect interstate or foreign commerce, or the movement of any article or commodity in commerce, by robbery or extortion, or to attempt or conspire to do so, or commit or threaten physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section and provides for a fine or imprisonment for not more than 20 years, or both. 6.10 Leveraging Financial Authorities More stringent federal laws against money laundering, along with anti-money laundering measures adopted by traditional financial institutions, have forced criminal organizations, including transnational criminal gangs, to shift the movement of their illicit proceeds outside of the established financial industry. To avoid the scrutiny of law enforcement, these criminal organizations increasingly employ non-traditional methods to move funds, including through the use of bulk cash smuggling and money remittances.

The enactment of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act) (Pub. L 107-56) criminalized the international smuggling of bulk cash under 31 U.S.C. § 5332. This bulk cash smuggling statute makes it a crime for anyone to knowingly conceal more than $10,000 and transport or transfer, or attempt thereof, the currency or monetary instruments into or out of the United States. In October 2012, HSI worked with the U.S. Department of the Treasury to designate MS-13 as a Transnational Criminal Organization.

As a result of the designation, any property or property interests in the United States, or in the possession or control of U.S. persons in which MS-13 has an interest, are blocked. In addition, subject to 50 U.S.C. § 1705, U.S. persons are prohibited from engaging in transactions with MS-13 and are subject to civil monetary penalties up to $250,000 and imprisonment up to 20 years. Criminal Gangs Investigations Handbook August 13, 2018 16 FOR OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE (b) (7)(E)(b) (7)(E) The following are additional financial statutes SAs can use when targeting criminal gangs: A. 18 U.S.C. § 1952, Interstate and Foreign Travel or Transportation in Aid of Racketeering Enterprises; B. 18 U.S.C. § 1956, Laundering of Monetary Instruments; C. 18 U.S.C. § 1957, Engaging in Monetary Transactions in Property Derived from Specified Unlawful Activity; D. 18 U.S.C. § 1960, Prohibition of Unlicensed Money Transmitting Businesses; and E. 50 U.S.C. § 1705, Violation of Executive Order Chapter 7. DATA ANALYSIS AND DEPLOYMENT OF TECHNOLOGY 7.1 Exploiting Communications Criminal Gangs Investigations Handbook August 13, 2018 17 FOR OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE (b) (7)(E) 7.2 Social Media 7.3 Mobile Forensic Tools Criminal Gangs Investigations Handbook August 13, 2018 18 FOR OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE (b) (7)(E)(b) (7)(E)(b) (7)(E) administrative proceedings, NGU recommends that all SAs utilizing mobile forensic tools attend relevant training provided by the Computer Forensics Unit.

7.4 Criminal Gangs Investigations Handbook August 13, 2018 19 FOR OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE (b) (7)(E)(b) (7)(E) authentication of both U.S. and foreign identification documents which can be critical in providing court testimony in identity fraud and counterfeiting cases. The evidence processing capabilities available in HSI may strengthen evidence used in both gang investigations and administrative proceedings. Chapter 8. LAW ENFORCEMENT PARTNERSHIPS 8.1 Operation Community Shield Task Forces Since the creation of OCS in 2005, several OCS Task Forces have been established in HSI offices across the nation and the world.

Through these OCS Task Forces, HSI is able to leverage its extensive investigative authority through partnerships with the state and local authorities who have more periodic interactions with gang members and associates. These regular interactions result in the collection of significant amounts of intelligence on which SAs are able to capitalize. By combining resources, joint investigations between SAs and their law enforcement partners allow for the use of additional investigative methods, force multiplication, utilization of state and local informants, and added jurisdictional opportunities (i.e., state search and arrest warrants). HSI utilizes approximately 2,000 TFOs nationwide as a force multiplier.

19 U.S.C. § 1401(i) provides a mechanism for HSI to designate federal, state, local, and foreign LEOs as “Customs Officers.” The unique resources and subject matter expertise of these officers complement HSI investigations to effectively combat transnational crime, including criminal gangs. Cross- designated LEOs harness their invaluable experience with this unique federal authority to collectively enhance joint investigations of narcotics smuggling, money laundering, and fraud- related activities that disrupt and dismantle criminal organizations. With this authority, cross- designated LEOs have the ability to execute and serve arrest warrants, subpoenas, and summonses in compliance with customs laws. 8.2 Organized Crime Drug Enforcement Task Force The Organized Crime Drug Enforcement Task Force (OCDETF) identifies, disrupts, and dismantles the most serious drug trafficking and money laundering organizations.

OCDETF is the centerpiece of the Attorney General’s drug supply reduction strategy, and focuses its resources on coordinated, nationwide investigations targeting the entire infrastructure of major drug trafficking organizations. As a result, OCDETF designated investigations can receive increased support through funding and other resources. Through an approved National Strategic Gang Initiative, OCDETF has expanded its scope and funding mechanisms for investigations targeting criminal gangs. HSI SAs should consider submitting cases for OCDETF designation as early as possible in the investigation to capitalize on this additional funding.

(Note: For additional information and guidance, SAs should contact their HSI OCDETF Regional Coordinator.) Criminal Gangs Investigations Handbook August 13, 2018 21 FOR OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE D. Gangs – Firearms Investigations This sub-category is used exclusively for tracking gang investigations involving firearms violations, including aliens in possession of a firearm. E. Gangs – Illegal Re-Entry Investigations This sub-category is used exclusively for tracking gang investigations involving illegal re-entry. F. Gangs – Administrative Alien Investigations This sub-category is used exclusively for tracking gang investigations involving aliens who are inadmissible or otherwise deportable under the Immigration and Nationality Act. 10.2 Program Codes 10.3 Significant Case Report Module A Significant Case Report (SCR) allows HSI to identify, categorize, and report on investigations that target the greatest threats facing the homeland while also documenting HSI’s commitment to disrupt and dismantle criminal activity.

Criminal Gangs Investigations Handbook August 13, 2018 24 FOR OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE (b) (b) (7)(E) matches the ICM Criminal Affiliation field to reduce data quality issues when statistics are pulled. For both administrative and criminal arrests of gang members processed through EAGLE, SAs should also select “Operation Community Shield” from the drop-down menu on the initial event screen in addition to (Gangs) and any other appropriate and/or Program Codes. Chapter 11.

ADDITIONAL FUNDING MECHANISMS

As with any major investigation or project, funding is a critical component in successfully investigating transnational criminal gangs. There are many funding options available to SAs, all of which should be considered and exploited to optimize the range and impact of investigations. 11.1 SAC Budget General criminal investigation support is funded at the discretion of the SAC in the respective AOR. Each SAC designates priorities for his or her office and funding is dispensed accordingly.

SAs should consult with local management regarding investigative funding. 11.2 11.3 Organized Crime Drug Enforcement Task Force As detailed in Section 8.2, “Organized Crime Drug Enforcement Task Force,” of this Handbook, OCDETF has funding available for gang investigations. (Note: For additional information and guidance, SAs should contact their HSI OCDETF Regional Coordinator.) 11.4 National Gang Unit On a case-by-case basis, NGU can fund certain operational expenses for gang investigations. Requests for NGU funding must be sent through the local HSI office’s chain of command to their Domestic Operations point of contact before it is routed to NGU for review.

Prior to drafting a request, it is suggested that SAs or their Group Supervisors contact NGU for availability of funds at @ice.dhs.gov. Criminal Gangs Investigations Handbook August 13, 2018 26 FOR OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE (b) (7)(E)(b) (7)(b) (7)(E)(b) (7)(E)(b) (7)(E) 11.5 Domestic Operations Domestic Operations has multiple funding mechanisms to assist with investigations, including from the Treasury Executive Office for Asset Forfeiture (TEOAF). Funding is available to SAs based on the resources and assets remaining in TEOAF after all mandatory budget requirements have been addressed. Funding availability fluctuates from year to year depending on deposits to TEOAF from previous years.

Due to the limited amount of funding HSI receives each year, SAs should keep in mind that all other potential funding resources within HSI must be exhausted first. State and Local Overtime (SLOT) funds may be used to reimburse certain expenses incurred by local, county, and state LEAs when their members participate in joint operations with HSI or other participating TEOAF agencies. The reimbursable expenses can include overtime, travel, fuel, training, equipment, and/or other related expenses. In order for SLOT to be utilized, a Memorandum of Understanding must first be entered into by the local SAC office and the respective local, county, state, or tribal LEA.

Therefore, it is essential that SAs coordinate with their local management early in an investigation to ensure that the required paperwork is completed. SLOT is provided directly to the local HSI office through Domestic Operations. (Note: Domestic Operations provides guidance on the current process to request funds under the “Domestic Ops” tab on HSI Net. For any questions, SAs can also coordinate with their respective Operations Manager or by emailing @ice.dhs.gov.) Criminal Gangs Investigations Handbook August 13, 2018 27 FOR OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE (b) (7)(E) Appendix A DEFINITIONS AND GANG MEMBERSHIP IDENTIFICATION I. Gang (Note: The case law referenced below is offered as a resource related to some factors considered by courts in gang-related prosecutions.

Cases should not be cited or quoted directly without confirming that the case is published and precedential according to rules of the governing jurisdiction and has not been impacted by a subsequent court decision, legislation, etc.) A gang is a group, club, organization, or association of three or more individuals whose members collectively identify themselves by adopting a group identity which they use to create an atmosphere of fear or intimidation, frequently by employing one or more of the following: _____________________________________________________________________________________________________________________ FOR OFFICIAL USE ONLY Criminal Gangs Investigations Handbook LAW ENFORCEMENT SENSITIVE August 13, 2018 A-i (b) (7)(E) _____________________________________________________________________________________________________________________ FOR OFFICIAL USE ONLY Criminal Gangs Investigations Handbook LAW ENFORCEMENT SENSITIVE August 13, 2018 A-ii (b) (7)(E) _____________________________________________________________________________________________________________________ FOR OFFICIAL USE ONLY Criminal Gangs Investigations Handbook LAW ENFORCEMENT SENSITIVE August 13, 2018 A-iii (b) (7)(E) II. ICE Gang Membership Identification Criteria A gang member is an individual who admits gang membership or has been convicted of violating 18 U.S.C. § 521 or any other federal or state law criminalizing or imposing civil penalties for gang-related activity. If an individual does not self-admit or have a gang-related conviction, the following criteria1 should be used, with one of at least two criteria (for gang members and gang leaders) having occurred within the previous 5 years: 1 The criteria listed are the “ICE Gang Membership Identification Criteria,” which are also referenced in Section 3.3 of the Handbook. _____________________________________________________________________________________________________________________ FOR OFFICIAL USE ONLY Criminal Gangs Investigations Handbook LAW ENFORCEMENT SENSITIVE August 13, 2018 A-iv (b) (7)(E)(b) (7)(E) _____________________________________________________________________________________________________________________ FOR OFFICIAL USE ONLY Criminal Gangs Investigations Handbook LAW ENFORCEMENT SENSITIVE August 13, 2018 A-v (b) (7)(E) (Note: An individual’s proclamation denying gang membership should have no bearing on an HSI SA’s determination of the individual’s gang affiliation.) _____________________________________________________________________________________________________________________ FOR OFFICIAL USE ONLY Criminal Gangs Investigations Handbook LAW ENFORCEMENT SENSITIVE August 13, 2018 A-vi (b) (7)(E) GANG SPECIFIC PROGRAM CODES Appendix B _____________________________________________________________________________________________________________________ Criminal Gangs Investigations Handbook FOR OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE August 13, 2018 B-i (b) (7)(E) Appendix C SUPERSEDED DOCUMENTS The Criminal Gangs Investigations Handbook supersedes the following ICE Office of Investigations policy memoranda: • “Operation Community Shield – Guidance,” dated March 7, 2005. • “Expansion of Operation Community Shield,” dated May 26, 2005. • “Criminal Gang Enforcement as a Programmatic Area for Certified Undercover Operations,” dated March 6, 2006. • “Procedures for the Identification of Gang Members and Associates and the Reporting of Gang Statistics,” dated August 24, 2007. • “TECS-II Subject Record Enhancements for Worksite Enforcement/Community Shield,” dated April 4, 2008. • “TECS Case Category Code for Gang Investigations,” dated August 26, 2008. (Note: ICE Directive 10067.1 (former number: 7-2.0), “ICEGangs Database: Data Entry and Use,” dated August 4, 2006, was cancelled by then Director of ICE Sarah H. Saldaña in a memorandum titled, “Discontinued Use of the ICEGangs Database,” dated October 19, 2016.

In this same memorandum, ICE Director Saldaña also authorized the discontinuation of the use of the ICEGangs Database.) _____________________________________________________________________________________________________________________ FOR OFFICIAL USE ONLY Criminal Gangs Investigations Handbook LAW ENFORCEMENT SENSITIVE August 13, 2018 C-i Appendix D ACRONYMS Alien File Assault with a Deadly Weapon Area of Responsibility Blue Force Tracking Code of Federal Regulations Confidential Informant Certified Undercover De-Confliction Information Coordination Endeavor Department of Homeland Security Department of Justice Executive Associate Director Enforcement Integrated Database Arrest Graphic User Interface for Law Enforcement EAGLE DirecteD Identification Environment Enforcement Integrated Database Executive Office for Immigration Review Enforcement and Removal Operations Federal Bureau of Investigation Field Interview Federal Law Enforcement Training Center For Official Use Only Gang Leader Gang Member Gang Associate Global Positioning System Handbook Headquarters Homeland Security Investigations HSI Forensic Laboratory U.S. Immigration and Customs Enforcement Investigative Case Management Automated Biometric Identification System Law Enforcement Agency Law Enforcement Officer Mobile Device Management La Mara Salvatrucha National Crime Information Center No Gang Involvement National Gang Unit Organized Crime Drug Enforcement Task Force Operation Community Shield A-File ADW AOR BFT C.F.R. CI CUC DICE DHS DOJ EAD EAGLE EDDIE EID EOIR ERO FBI FI FLETC FOUO GLD GMM GSS GPS HB HQ HSI HSI-FL ICE ICM IDENT LEA LEO MDM MS NCIC NGI NGU OCDETF OCS _____________________________________________________________________________________________________________________ FOR OFFICIAL USE ONLY Criminal Gangs Investigations Handbook LAW ENFORCEMENT SENSITIVE August 13, 2018 D-i OI P2PE PALMS RICO ROI SA SAC SCR SGITC SLOT SOU SURGE TCIU TEOAF TFO TLS UC UFED UNHCR UOU USAO USA PATRIOT Act Uniting and Strengthening America by Providing Appropriate Tools Office of Investigations Point-to-Point Encryption Performance and Learning Management System Racketeer Influenced and Corrupt Organization Report of Investigation Special Agent Special Agent in Charge Significant Case Report Street Gang Investigations and Tactical Considerations State and Local Overtime Special Operations Unit Specialized Urban Response Gang Enforcement Transnational Criminal Investigative Unit Treasury Executive Office for Asset Forfeiture Task Force Officer Telecommunications Linking System Undercover Universal Forensic Extraction Device United Nations High Commissioner for Refugees Undercover Operations Unit United States Attorney’s Office USB U.S.C. VICAR Required to Intercept and Obstruct Terrorism Act Universal Serial Bus United States Code Violent Crimes in Aid of Racketeering _____________________________________________________________________________________________________________________ FOR OFFICIAL USE ONLY Criminal Gangs Investigations Handbook LAW ENFORCEMENT SENSITIVE August 13, 2018 D-ii