ciEnforcementActionsCourthouses

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1 FOR OFFICIAL USE ONLY U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT Directive Number 11072.1 : Enforcement Actions Inside Courthouses Civil Immigration Issue Date : January 10, 2018 Effective Date: January 10, 2018 Superseded: None Federal Enterprise Architecture Number: 306- 112- 002b Purpose/Background. This Directive sets forth U.S. Immigration and Customs 1. Enforcement (ICE) policy regarding civil immigration enforcement actions inside federal, state, and local courthouses. Individuals entering courthouses are typically screened by law enforcement personnel to search for weapons and other contraband. Accordingly, civil immigration enforcement actions taken inside courthouses can reduce safety risks to the public, targeted alien(s), and ICE officers and agents. W hen practicable, ICE officers and agents will conduct enforcement actions discreetly to minimize their impact on court proceedings . routinely engage in enforcement Federal, state, and local law enforcement of ficials because activity in courthouses throughout the country many individuals appearing in . ICE’s civil violations courthouses for one matter are wanted for unrelated criminal or ouses are wholly consistent with longstanding enforcement activities in these same courth law enforcement practices , nationwide . And, courthouse arrests are often necessitated by the unwillingness of jurisdictions to cooperate with ICE in the transfer of custody of aliens from their prisons and jails. 2. ICE civil immigration e nforcement actions inside courthouses include actions Policy. again st specific, targeted alien s with criminal convictions , gang members , national security threats, aliens who have been ordered removed from the United or public safety States but have failed to depart, and aliens who have re -entered the country illegally after being removed, when ICE officers or agents have information t hat leads them to believe the targeted alien s are present at that specific location . during a Aliens encountered civil immigration enforcement action inside a courthouse, such as family members or friends accompanying the target alien to court appearances or serving as a witness in a proceeding, will not be subject to civil immigration enforcement action , absent special circumstances , such as where the individual poses a threat to public 1 or interferes with ICE’s enforcement actions safety . 1 ICE officers and agents will make enforcement determinations on a case -by -case basis in accordance with federal law and consistent with U.S. Department of Homeland Security (DHS) policy . See Memorand um from John Kelly, Secretary of Homeland Security, Enforcement of the Immigration Laws to Serve the National Interes t (Feb . 20, 2017); Memorandum from John Kelly, Secretary of Homeland Security, Implementing the President's Border . 20, 2017). Security and Immigration Enforcement Improvements Policies (Feb _ _____________________________________________________________________ Civil Immigration 1 Courthouses Enforcement Actions Inside FOR OFFICIAL USE ONLY

2 FOR OFFICIAL USE ONLY ICE officers and agents should generally avoid enforcement actions in court houses, or are dedicated to non -criminal (e.g., family court, small areas within courthouses that claims court) proceedings . In those instances in which an enforcement action in the above necessary situations is operationally , the approval of the respective Field Office Director . designee (FOD), Special Agent in Charge (SAC), or his or her is required should, to the extent courthouses Civil immigration enforcement actions inside public areas of the courthouse, be conducted in practicable, continue to take place in non- collaboration with court security staff , and utilize the court building’s non- public entrances and exits. nforcement actions inside Planned civil immigration e courthouses will be documented and approved consistent with current operational plans and field operations worksheet procedures. Enforcement and Removal Operations (ERO) and Homeland Security Investigations (HSI) may issue additional procedural guidance on reporting and documentation requir ements ; such reporting and documentation shall not impose unduly . restrictive requirements that operate t enforcement efforts trate or frus o hamper should exercise sound As with any planned enforcement action, ICE officers and agents enforcing federal law and make substantial efforts to avoid unnecessarily judgment when officers ICE alarming the public. ir time at and agents will make every effort to limit the while conducting civil immigration enforcement actions . courthouses This policy does not a pply to criminal immigration enforcement actions inside , nor does it prohibit civil immigration enforcement actions inside courthouses courthouses . 3. Definition The following definitions apply for the purposes of this Directive only. nforcement action Civil immigration e to ction taken by an ICE officer or agent A 3.1. . apprehend, arrest, interview, or search an alien in connection with enforc ement of . administrative immigration violations 4. Responsibilities. ERO and e nsuring are responsible for HSI 4.1. The Executive Associate Directors for compliance with the provisions of this Directiv e within his or her program office . are responsible for: HSI SAC s and s 4.2. ERO FOD on the approval process and procedures for 1) Providing guidance to officers and agents civil immigration enforcement actions at courthouses in their area of responsibility beyond those outlined in this Directive ; and 2) Ensuring civil immigration enforcement actions at courthouses are properly , as prescribed in Section 5.1 of this Directive documented and reported . _ _____________________________________________________________________ Enforcement Actions Inside Civil Immigration Courthouses 2 FOR OFFICIAL USE ONLY

3 FOR OFFICIAL USE ONLY are responsible for ICE Officers and Agents 4.3. complying with the provisions of this Directive and p roperly documenting and reporting civil immigration enforcement actions 2 at courthouses , as prescribed in Section 5.1 of this Directive . Procedures 5. . /Requirements 5.1 . Reporting Requirements . ICE officers and agents will document the physical address of planned civil 1) immigration enforcement actions in accordance with s tandard procedures for 3 completing operational plans, noting that the target address is a courthouse. 2) Unless otherwise directed by leadership, there will be no additional reporting requirements in effect for this Directive. ICE maintains records generated pursuant to this policy, specifically the Recordkeeping. 6. and Enforcement Operation Plan (EOP). ERO will Field Operation s Worksheets (FOW) -0567- in accordance with the Fugitive Operations schedule DAA FOW maintain the 2015- in accordance with the Comprehensive Records EOPs 0016. HSI will maintain -36- 86 -1/161.3. The EOPs will be maintained within the Investigative Case Schedule N1 Files. 7. /References Authorities . 7.1. DHS Directive 034- 06, Department Reporting Requirements, October 23, 2015. 06- , March 28, Department Reporting Requirements 034- 7.2. DHS Instruction 001, Rev. 1, 2017. Attachments. 8. None. 9. No Private Right. This document provides only internal ICE policy guidance, which may be modified, rescinded, or superseded at any time without notice. It is not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enf orceable at law by any party in any administrative, civil, or criminal matter. Likewise, no limitations are placed by this guidance on the otherwise lawful enforcement or litigative prerogatives of ICE. 2 o Officer Procedure Following Enactment of See also ICE Directive No. 10036.1, Interim Guidance Relating t civil immigration enforcement actions against ), for additional requirements regarding . 22, 2007 VAWA 2005 (Jan conducted at courthouses. certain victims and witnesses 3 . ield Operations Worksheet and HSI will use the Enforcement Operation Plan ERO will use the F _ _____________________________________________________________________ Enforcement Actions Inside Civil Immigration Courthouses 3 FOR OFFICIAL USE ONLY

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