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Detention and Deportation Field Manual, DHS ICE, 2006

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U.S. Ininiigration

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Enforceinen t
I\r) ..,'MAR 2 7 2006

MEMORANDUM FOR:

Field Oftìce Directors

FROM:

John P. Torres À'

/\./

Acting Director / .. '

Oftce Of DetehtioaAnd Removal Operations

SUBJECT:

Detention and Deportation Oftìcer's Field Manual
Update: Chapter 1

We have revised the Introduction to Detention and Removal Operations Policy and Procedure
PM); formerly the Detention and Deportation Officer's Field Manual, or DDFM).
Manual (DROP
As you know, the DROPPM contains 29 chapters with 54 appendices and more than 2,100
hyperlinks, including but not limited to internal cross-references, other tìeld manuals, regulations,

PM is available online

relevant resources and references, contact information, and forms. The DROP

(b)(2)High

at

and on I-Link, which has replaced INSerts.

Please remember that the DROPP is the only approved source of ORO policy and procedures. This
hyperlinked manual, properly used, can save you and your oftcers hours of research and legwork
(identifying, locating, and downloading forms; researching statutory and regulatory language, etc.)
Chapter 1, Introduction, now includes section 1.1, "Creating and Updating Policy" and section 1.2,
"Policy Dissemination." The entire chapter, as updated, is attached.

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

ICE.000001.09-684

Chapter1:
1: Introduction
Introduction
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This manual'
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official"who,
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information critical
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and
handbooks,
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program.
organizations,
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organizations, and other material at the core of the ORO program.
The contents
contents of
of Detention
Detention and
and Removal
Removal Operations
Operations Policy
Policy and
and Procedure
Procedure
The
represent official ORO policy.
To the
the extent
extent that
that any
any material
material
Manual (DROPPM) represent
policy. To
conflicts
with
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previous
issuances,
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controlling document.
document.
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electronic format
format means
means we
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help of
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occur in
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real time.
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updates occur
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respond to constructive
constructive criticism
criticism and
and comments,
comments,
format affords us the flexibility to respond
developing this
this living
living document
document into
into the
the reliable,
reliable, definitive,
definitive, user-friendly
user-friendly guide
guide
developing
find indispensable.
indispensable.
that field officers, analysts, managers, and senior officials will
wil find
Chapters vary
The goal is to keep them
Chapters
vary in
in length.
length. The
them as
as succinct
succinct as
as possible.
possible. IfIf the
primary documents are complete and self-explanatory, then a chapter may
consist of no more than
than an
an explanatory
explanatory paragraph
paragraph and
and aa single
single hyperlink.
hyperlink. When
issues
issues are complex or confusing,
confusing, the text will
will be as extensive as necessary to
clarify and add value to the source material (regulations, legislation, handbooks,
etc.).
etc.).
The
The DROPPM
DROPPM lodges in I-Link, the reference-library program available online
and
on
I-LINK organizes
organizes material
material as
as virtual
virtual "books"
"books" on
on a
a shelf.
shelf.
and on compact
compact disc.
disc. I-LINK
The
DROPPM
is
cataloged
under
"Field
Manuals."
Flip
from
one
field
manual
to
The DROPPM is cataloged under "Field Manuals." Flip
field
another
another by
by means
means of
of aa hyperlink,
hyperlink, with
with aa single
single click.
click.
I-LINK
I-LINK reflects
reflects updates
updates to
to DROPPM,
DROPPM, incorporating
incorporating new
new or
or revised
revised policies
policies or
or
procedures.
Procedures
and
policies
issued
through
cables
or
memoranda
procedures. Procedures
memoranda that
that
have
have not
not been
been incorporated
incorporated into
into aa chapter
chapter of
of DROPPM
DROPPM are
are no
no longer in
in effect.
effect.
The
office
responsible
for the
matter is
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iiiIiIg
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program
office
responsible
forsubject
the subject
matter
is responsible
~g
DROPPM
updates, in
with
the procedures
described
in
DROPPM updates,
inaccordance
accordance
with
the procedures
described
in _..
Chapters
Chapters of
of the
the manual
manual itself
itself are
are grouped
grouped as
as follows:
follows:
.referred
referredtotopreviously
previouslyas
asthe
the Detention
Detentionand
and Deportation
Deportation Officer's
Officer's Field
Field Manual
Manual

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

Chapters one and two constitute a basic introduction, with Chapter 2 providing a
contextual overview of the Detention and Removal program. Chapter 2
describes the program from its roots in the Immigration and Naturalization
Service of the Department of Justice to its integration into the Department of
Homeland Security in March 2003.

Subsequent chapters appear in Parts i through iv.
Part i presents the policies and procedures that govern the removal process.

Part Ii presents detention-related policies and procedures (standards) that apply
to detention officers; detainee services, including medical care; and to the
facilities housing INS detainees.

Part III provides policy and procedures relating to official property: weapons,
vehicles, communications, fingerprinting, uniforms, and records.
Part iv focuses on the administration of the Detention and Removal program.
Please send suggestions for improvements, including omissions, to the "ORO
Policy and Procedure Manual" mailbox. Enter "DROPPM" in the subject line of

the message.

1.1 Creating and Updating Policy
The DROPPM contains 29 chapters with 54 appendices and more than 2,100
hyperlinks, including but not limited to internal cross-references, other field
manuals, regulations, relevant resources and references, etc. The DRPM is
(b)(2)High

and on I-Link, which replaced INSerts. I-Link CDs
are distributed quarterly to more than 5,000 officers and offices across the nation
and abroad. Field Office Directors and Deputy Assistant Directors will
communicate all changes of policy and procedure to the field in the form of a
memorandum announcing a change to the DROPPM. Program offices must
complete the following steps when preparing new or updated policy:
(b)(2)High

. Use the DROPPM Table of Contents to determine where your update

belongs.
. Research your subject. Consult subject-matter experts and legal

advisors.
. Draft new material in a straightforward, action-by-action format. Use

plain English in the active voice: no jargon, no passive verbs. Write as

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

ICE.000003.09-684

if you are explaining the policy to a new hire. This means using the
second person ("You do this. . . then you. . ."). Do not say, "The
officer shalL."

. Link to or create the form(s) necessary for the implementation of your

new policy.
. If your update raises any legal issues, obtain clearance from the Office

of the Principal Legal Advisor (OPLA) before forwarding to Policy

Analysis and Development.
. Draft the memorandum announcing the addition or update to the
DROPPM. Provide an introductory sentence or two identifying the
addition(s), deletion(s), or other revision(s) and the reason for same.
End the paragraph. The next paragraph will consist of a bullet citing
the affected Chapter, Section, and Heading (bolded), followed by the
cut-and-pasted text that will appear in the manuaL. For multiple
updates, follow the same format:
. (Insert Chapter, Section, Heading):

Cut and paste text as it wil appear in the DROPPM.

. If the memorandum will exceed one page in length, you may attach the
updated section(s) to the memorandum.
. Submit the draft memorandum, with attachment(s), to Policy Analysis
and Development. Policy Analysis and Development will review,
format and, in consultation with you, edit the update for the field
manuaL.

. The memorandum wil become official policy only when signed by the
Director, Office of Detention and Removal Operations.

1.2 Policy Dissemination
ORO will issue a broadcast message announcing the change/update to the
DROPPM. Each broadcast
RO memorandum
(b)(2)High
posted on the ORO website:

NOTE:

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

ICE.000004.09-684

Nothing in this manual may be construed to create any substantive or procedural
right or benefit that is legally enforceable by any party against the United States,
its agencies or officers, or any other person.
LIMITED OFFICIAL USE

Portions of this manual are considered sensitive and may not be released to the
public. The contents of these sections are exempt from disclosure under the
Freedom of Information Act. Officers using this manual and the I-LINK system
must take appropriate steps to safeguard these restricted materials. Those
sections of this manual which are not restricted may be accessed on the ICE

Internet web site. Inquiries relating to the release of other materials should be
formation/Privacy Act Unit, see
(b)(2)High

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

ICE.000005.09-684

Detention and Removal Operations
DRO Policy and Procedure Manual Table of Contents
This manual is the official “who, what, when, where, why” guide to the Office of
Detention and Removal Operations (DRO). Use it for ready access to information critical
to the work you and your colleagues perform. A virtual sourcebook, it will guide you to
and through policies, procedures, and background documents.
To use the Table of Contents below, click the chapter heading for which you wish to see
more information and its subsections will open in a list below. Click the subsection to
view its respective page and contents.
Chapter 1: Introduction
Chapter 2: Detention and Removal Operations
Chapter 3: Homeland Security Advisory System

I. Removal Policies and Procedures
Chapter 11: Removal Process: Docket Control
Chapter 12: Removal Process: Immigration Bond Management
Chapter 13: Removal Process: Voluntary Departure
Chapter 14: Removal Process: Non-Hearing Removal Cases
Chapter 15: Removal Process: Final Orders
Chapter 16: Removal Process: Preparations for Travel Within 90 Days of Final Order
Chapter 17: Removal Process: Post Order Custody Reviews (POCR)
Chapter 18: Removal Process: Mariel Cubans
Chapter 19: Removal Process: National Fugitive Operations Program
Chapter 20: Removal Process: Relief from Removal
Chapter 21: Legal Proceedings

II. Detention

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

Chapter 25: Detention Facilities
Chapter 26: Detainee Services
Chapter 27: Detainee Health Services
Chapter 28: Security and Control

III. Property Management: Materials, Tools and Equipment
Chapter 30: Detainee Property Management
Chapter 31: Firearms, Other Weapons, and Restraining Devices
Chapter 32: Government Vehicles
Chapter 33: Communications Equipment
Chapter 34: Fingerprinting
Chapter 35: Uniforms
Chapter 36: Service Records

IV. Administration of Detention and Removal Operations
Chapter 41: Sources of Information and Records
Chapter 42: Resource and Performance Management
Chapter 43: Overtime
Chapter 44: Significant Incident Reports
Chapter 45: INSpect
Chapter 46: Training and Assessments
Appendix List

Chapter 1: Introduction
1.1

Creating and Updating Policy

1.2

Policy Dissemination

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

This manual *1 is the official who, what, when, where, why guide to the Office of
Detention and Removal Operations (DRO). Use it for ready access to information critical
to the work you and your colleagues perform. A virtual sourcebook, it will guide you to
and through policies, procedures, and background documents.
At the click of a mouse, you can pursue any issue as deeply or broadly as you choose.
Hyperlinks punctuate every chapter. Use them to review regulatory and statutory
language, guidance documents, policy statements, memoranda, handbooks, manuals,
legal opinions, postings by other agencies and organizations, and other material at the
core of the DRO program.
The contents of Detention and Removal Operations Policy and Procedure Manual
(DROPPM) represent official DRO policy. To the extent that any material conflicts with
or otherwise differs from previous issuances, this manual will be the controlling
document.
The electronic format means we can publish a manual as comprehensive as technology
permits. With the help of the web, updates occur in real time. This format affords us the
flexibility to respond to constructive criticism and comments, developing this living
document into the reliable, definitive, user-friendly guide that field officers, analysts,
managers, and senior officials will find indispensable.
Chapters vary in length. The goal is to keep them as succinct as possible. If the primary
documents are complete and self-explanatory, then a chapter may consist of no more than
an explanatory paragraph and a single hyperlink. When issues are complex or confusing,
the text will be as extensive as necessary to clarify and add value to the source material
(regulations, legislation, handbooks, etc.).
The DROPPM lodges in I-Link, the reference-library program available online and on
compact disc. I-LINK organizes material as virtual "books" on a shelf. The DROPPM is
cataloged under Field Manuals. Flip from one field manual to another by means of a
hyperlink, with a single click.
I-LINK reflects updates to DROPPM, incorporating new or revised policies or
procedures. Procedures and policies issued through cables or memoranda that have not
been incorporated into a chapter of DROPPM are no longer in effect.
The program office responsible for the subject matter is responsible for preparing
DROPPM updates, in accordance with the procedures described in AM 3.4.105.
Chapters of the manual itself are grouped as follows:
Chapters one and two constitute a basic introduction, with Chapter 2 providing a
contextual overview of the Detention and Removal program. Chapter 2 describes the
program from its roots in the Immigration and Naturalization Service of the Department
of Justice to its integration into the Department of Homeland Security in March 2003.

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

Subsequent chapters appear in Parts I through IV.
Part I presents the policies and procedures that govern the removal process.
Part II presents detention-related policies and procedures (standards) that apply to
detention officers; detainee services, including medical care; and to the facilities housing
INS detainees.
Part III provides policy and procedures relating to official property: weapons, vehicles,
communications, fingerprinting, uniforms, and records.
Part IV focuses on the administration of the Detention and Removal program.
Please send suggestions for improvements, including omissions, to the DRO Policy and
Procedure Manual mailbox. Enter DROPPM in the subject line of the message.
1.1

Creating and Updating Policy

The DROPPM contains 29 chapters with 54 appendices and more than 2,100 hyperlinks,
including but not limited to internal cross-references, other field manuals, regulations,
nline at
(b)(2)High

s. I-Link CDs are
distributed quarterly to more than 5,000 officers and offices across the nation and abroad.
Field Office Directors and Deputy Assistant Directors will communicate all changes of
policy and procedure to the field in the form of a memorandum announcing a change to
the DROPPM. Program offices must complete the following steps when preparing new or
updated policy:
(b)(2)High

Use the DROPPM Table of Contents to determine where your update belongs.
Research your subject. Consult subject-matter experts and legal advisors.
Draft new material in a straightforward, action-by-action format. Use plain English in
the active voice: no jargon, no passive verbs. Write as if you are explaining the policy to
a new hire. This means using the second person (You do this . . . then you . . .). Do not
say, The officer shall.
Link to or create the form(s) necessary for the implementation of your new policy.
If your update raises any legal issues, obtain clearance from the Office of the Principal
Legal Advisor (OPLA) before forwarding to Policy Analysis and Development.
Draft the memorandum announcing the addition or update to the DROPPM. Provide
an introductory sentence or two identifying the addition(s), deletion(s), or other
revision(s) and the reason for same. End the paragraph. The next paragraph will consist

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

ICE.000009.09-684

of a bullet citing the affected Chapter, Section, and Heading (bolded), followed by the
cut-and-pasted text that will appear in the manual. For multiple updates, follow the same
format:
[Insert Chapter, Section, Heading]:
Cut and paste text as it will appear in the DROPPM.
If the memorandum will exceed one page in length, you may attach the updated
section(s) to the memorandum.
Submit the draft memorandum, with attachment(s), to Policy Analysis and
Development. Policy Analysis and Development will review, format and, in consultation
with you, edit the update for the field manual.
The memorandum will become official policy only when signed by the Director,
Office of Detention and Removal Operations.
1.2

Policy Dissemination

DRO will issue a broadcast message announcing the change/update to the DROPPM.
Each broa
memorandum posted on the DRO
(b)(2)High
website at
NOTE:
Nothing in this manual may be construed to create any substantive or procedural right or
benefit that is legally enforceable by any party against the United States, its agencies or
officers, or any other person.
LIMITED OFFICIAL USE
Portions of this manual are considered sensitive and may not be released to the public.
The contents of these sections are exempt from disclosure under the Freedom of
Information Act. Officers using this manual and the I-LINK system must take appropriate
steps to safeguard these restricted materials. Those sections of this manual which are not
restricted may be accessed on the ICE Internet web site. Inquiries relating to the release
of other materials should be directed to the Headquarters Freedom of Information/Privacy
Act Unit, see http://www.ice.gov/legal.htm#foia.

Chapter 2: Detention and Removal Operations
2.1

History

2.2

Vision and Mission Statements

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

ICE.000010.09-684

2.3

Overview of Operations

2.4

Strategic Planning

2.5

Organizational Chart and Chain of Command [Reserved]

2.6

Core Business Functions

References:
Appendix 2-2 Office of Detention and Removal Program Description
Appendix 2-3 DRO Strategic Plan, 2003-2012: Endgame
Appendix 2-4 Endgame Easy Reader
This chapter provides the reader a general overview of the Detention and Removal
program. The Program Description describes the history of the development of the
program as well as an overview of the immigration enforcement operations within which
it plays a critical role. Sections 2.2 and 2.4 describe the strategic planning process and the
reader can access the full 10-year strategic plan at the link above of the abridged version
at Endgame Easy Reader.
2.1

History

A brief history of the Office of Detention and Removal is provided in Section 1 of the
DRO Program Description (Appendix 2-2).
2.2

Vision and Mission Statements

The DRO Vision and Mission statements are defined in both the DRO Program
Description (Appendix 2-2) and Endgame (Appendix 2-3).
2.3

Overview of Operations

An overview of DRO operations is provided in Section 3 of the DRO Program
Description (Appendix 2-2).
2.4

Strategic Planning

A brief description of DROs strategic planning process is provided in Section 4 of the
DRO Program Description (Appendix 2-2).
2.5

Organizational Chart and Chain of Command

DRO organizational chart

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

2.6

Core Business Functions

DRO has two core business functions: removal and custody management. These two
functions and supporting key processes are explained in Section 6 of the DRO Program
Description (Appendix 2-2).

Chapter 3: Homeland Security Advisory System
3.1

Homeland Security Presidential Directive

3.2

Threat Condition Procedures

3.3

Continuity of Operations Plans

References:
Other: U. S. Immigration and Naturalization Service Threat Conditions Handbook
(TCH), November 2002; Homeland Security Presidential Directive 3, President George
W. Bush, March 12, 2002, as published in Appendix 1, of the TCH; Continuity of
Operations Plan (COOP) (Example), as published in Appendix 2, of the TCH.
3.1

Homeland Security Presidential Directive.

On March 12, 2002, the White House Office of the Press Secretary released Homeland
Security Presidential Directive3. This document established the Homeland Security
Advisory System; a directory of color-coded threat-condition indicators intended to assist
agencies of the federal government in developing a specific set of protective measures to
be invoked in response to each threat condition. Implementation of the system is binding
on the executive branch of the federal government and is recommended for use by other
levels of government, and the private sector as well. Additional information is available
at http://www.whitehouse.gov/news/releases/2002/03/20020312-5.html.
3.2

Threat Condition Procedures

In order to comply with the requirements of the Presidents Homeland Security Advisory
System, INS developed the Threat Conditions Handbook (TCH). This document
describes the actions to be taken by each program, in accordance with the current threatlevel condition. For each threat level, the TCH lists the actions to be taken by the offices
of Field Operations, Inspections, Intelligence, Detention and Removal, Investigations,
Border Patrol, Immigration Services and International Affairs. The TCH is included as
Appendix 3-1 of this Field Manual.
The comments of the Executive Associate Commissioner for Field Operations in the
forward to the TCH define the phrase, commensurate with the threat. Generally, this
phrase is used to emphasize that each location must individually assess local conditions,

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

in addition to any known nationwide threat, in determining how to respond to each threat
level.
3.3

Continuity of Operation Plans

Each program within the agency, as well as each physical office location, is required to
develop and publish a Continuity of Operations Plan (COOP). The purpose of this plan is
to ensure that essential services performed by the program or location continue at the
highest level possible, in the event of an emergency or natural disaster that disrupts any
portion of the infrastructure upon which the program or location relies.
Development of the COOP initially requires that the normal scope of operations in that
program or at that specific office location be described. This description must include a
listing of the normal duties of the program or location, and the consequences should the
program or location be unable to perform these duties. The COOP must also provide an
inventory of the normal staffing available to perform these duties, as well as an inventory
of those other physical resources typically devoted to the tasks assigned to the program or
location. The COOP must then describe various alternative plans for accomplishing the
duties of that program or office, in the event the resources upon which that program or
office location ordinarily relies are in some way disrupted.
A sample COOP is included within the INS Threat Conditions Handbook in Appendix 31 of this Field Manual.

Chapter 11: Removal Process: Docket Control
11.1

Preliminary Custody Conditions

11.2

Review Custody Conditions

11.3

Initiation of Detention and Removal Actions

11.4

Deportable Alien Control System (DACS)

11.5

Docket Management of Detained Cases

11.6

Docket Management of Non-Detained Cases

11.7

Alternatives to Detention [Reserved]

11.8

Institutional Removal Program Procedures

11.9

Special Detention Cases

11.10

Victim Witness Program

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

11.11

Special Interest Cases

11.12

National Security Entry Exit Registration System (NSEERS)

11.13

Preparing for a Removal Hearing

11.14

Record of Expenses Billable to Transportation Company (Form I-380)

11.15

Mentally Disturbed Aliens

11.16

Stipulated Orders of Removal

11.17

Inadmissible Arriving Aliens

11.18

Temporary Residents

11.19

Refugees, Asylum and Withholding of Removal

11.20

Applicants for Adjustment of Status

11.21

Applicants for Naturalization

11.22

Intra-Departmental Cooperation [Reserved]

References:
INA: 207, 208, 209, 210, 236, 239, 240, 245a
Regulations: 8 CFR 207, 208, 209, 210, 236, 239, 240, 245a
Other: DACS Users Manual, Records Operations Handbook, Adjudicators Field Manual,
Chapter 23 and Special Agents Field Manual, Chapter 14.
11.1 Preliminary Custody Conditions.
(a) Arrest and Detention. When initiating removal proceedings, you will face decisions
relating to arrest and detention. For rules of detention, detention prior to completion of
removal proceedings, and special detention cases, refer to the Special Agents Field
Manual, Chapter 14.3, Detention and Bond Determinations.
(b) Orders of Recognizance. The district director has the discretion to release adult and
juvenile aliens from detention on an Order of Release on Recognizance, Form I-220A.
Clearly state all conditions of release set by the district director on the I-220A.
(c) Reporting Requirements for Aliens Released on Orders of Recognizance.

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

(1) Adults. If a condition of the release is that the alien is to report to the Service on a
regular schedule, the Deportation Officer shall make the Deportable Alien Control
System (DACS) "Case Call-up" date coincide with the reporting date on the Form I220A. This will serve as a compliance reminder to the officer of the alien's duty to report
as ordered. Compliance with the reporting requirements of the Order must be noted on
the continuation page/addendum of Form I-220A and in the "Case Comments" section of
DACS each time the alien reports. If at any time you determine that the alien has failed to
report as required or violated any other condition set, the district must take appropriate
corrective action, including detention. If the alien has failed to appear, refer the case to
the Fugitive Operations team, if one exists in your area. The Fugitive Operations Team
will prioritize the case based on the National Fugitive Operations policy (Chapter 19,
below) unless otherwise directed by the District Director. In the absence of a Fugitive
Operations team, the District Director should utilize available resources within the
district's enforcement divisions to locate the alien consistent with pertinent local and
national priorities.
In addition, the District Director shall refer the case to the Law Enforcement Support
Center (LESC) for immediate entry into the National Crime Information Center (NCIC).
The LESC shall give the case priority consideration. In cases in which the alien has been
located and detained, the District Director should re-determine conditions, if any, under
which the alien will be released, including the setting of an appropriate bond.
(2) Juveniles. If a juvenile is to be released from detention pursuant to 8 CFR 236.3 on an
Order of Recognizance to the custody of an accompanying alien relative or authorized
legal guardian who is placed into immigration proceedings, or to an alien relative or
authorized legal guardian already in the United States and in immigration proceedings,
the juvenile should have the same reporting requirements as the relative or authorized
legal guardian. If the relative or authorized legal guardian is released on a bond or is
currently on a bond and is not required to regularly report, the juvenile should not be
required to regularly report. If unusual circumstances present themselves, and it is
determined that the juvenile should be required to regularly report, a bond demand must
be made on the obligor of the relative's or authorized legal guardian's bond to have the
relative or authorized legal guardian appear on the same date and at the same office as the
juvenile.
(3) Notification to District Counsel. Additionally, any time an individual required to
report fails to appear, the case officer must notify District Counsel. This will provide the
attorney needed information for the ongoing immigration proceedings.
(d) Parole. The district director may grant an arriving alien parole from Service custody
for urgent humanitarian reasons or significant public interest, if the alien demonstrates
that he/she does not pose a security risk, is not likely to abscond, and complies with any
special conditions, such as posting a bond. (See 8 CFR 212.5.) You must issue any
parolee a Form I-94, Arrival Departure Record.
11.2

Review Custody Conditions.

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Before the conclusion of removal proceedings, an eligible alien may request a custody or
bond re-determination by an immigration judge (see 8 CFR 3.19(a)). The initial request
may be submitted orally or in writing by the alien or legal representative. Any subsequent
request must be in writing, and must establish a material change in circumstances
warranting the requested re-determination. See 8 CFR 3.19(e). Both the Service and the
alien may appeal the immigration judges custody decision to the Board of Immigration
Appeals (see 8 CFR 3.38). For procedures regarding emergency stays and automatic stays
in Service appeals, see 8 CFR 3.19(i).
11.3 Initiation of Detention and Removal Actions.
(a) General. The actions of Detention and Removal begin with receipt of an A file and, in
some cases, an alien. Most cases are generated through an arrest made by other programs
such as Border Patrol, Inspections, and Investigations. An alien who is processed for a
removal hearing is considered to be under docket control. Cases under docket control are
tracked and managed by Detention and Removal through the utilization of the Deportable
Alien Control System (DACS). See Chapter 11.4, below.
(b) Reviewing the A file. There are several steps involved in reviewing an A file and they
are as follows:
(1) Verify name and A number on documents match the A file number. You may find
documents in the file that do not correspond to the name and A number so you must
check the folder itself to verify whether those documents were consolidated into the
existing A file. If a file has been consolidated in the past, the folder should be stamped or
written with the date and A number(s) that were consolidated. You will also check the
Central Index System (CIS, see chapter 36.4) to verify the name and A number match.
Should the entry not exist, you must notify your Records Administrator.
(2) Verify whether the alien is in custody by checking the custody screen in DACS. (See
4.5.2 of the DACS User Manual, appendix 36-1.) The c
used to retrieve this
screen is CUST. In an attempt to ensure accuracy of the (b)(2)High screen, look for Form I385, Alien Booking Record or Form I-203, Order to Detain or
e Alien, in the file.
At times you will find an error occurred during booking so the (b)(2)High screen in DACS
will not reflect the detention, yet the alien is detained.
(3) Check for, and consolidate, other existing files on the same person. Should you find
that other A files exist on the same person, you will request those A file(s) for
consolidation. You can search for other existing files through queries on various
databases, such as the National Crime Information Center (NCIC), and the Central Index
System (CIS). It is important to verify the identities are one and the same. Verification
can be accomplished through photos and fingerprint comparisons and a sworn statement
from the alien.
(4) Check for Attorney Representation. Form G-28 is the form used by attorneys or
representatives to inform the Service that the alien is represented. In some instances the

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aliens attorney may file the EOIR-28 with the Service which is technically the notice of
appearance as representative before EOIR.
(5) Review the charging document. A charging document is the form used to list the
allegations and violations of Immigration law committed by the alien. The Notice to
Appear (I-862) is the most commonly used charging document. Prior to April 1, 1997, an
Order to Show Cause (OSC) was used as a charging document and there are existing
cases still pending removal which were filed with an OSC. There are also I-122s for
previously filed exclusion proceedings.
Verify that the aliens detention address is on the charging document if it is a detained
case.
Verify that the A file contains an up-to-date (within 90 days), fingerprint-based
criminal history (a name and date of birth checks do not qualify). If you need to provide
or update a criminal history, you can run a criminal-history check through the
Interagency Border Inspection System (IBIS), Treasury Enforcement Computer System
(TECS) or National Crime Information Center (NCIC). Tab and date every criminal
history check you generate. See Chapter 4.7 of the Special Agents Field Manual and
Chapter 33.1 of the Inspector's Field Manual.
Ensure that the signatures on the charging document are originals and are signed by
authorizing officials as required by 8 CFR 239.1.
For a non-detained case, verify the address listed on the charging document is a U.S.
address.
Review the charges alleged on the charging document to ensure accuracy. Alleged
criminal convictions must be confirmed through certified judgement and conviction
documents.
(6) Review the custody conditions. Custody conditions relate to the bond amount, if any.
Also see 11.1 Preliminary Custody Conditions and Chapter 12 Bond Management.
(7) Create the A file in the Deportable Alien Control System (DACS). See Appendix 111, Creating an A file in DACS (detained and non-detained).
(8) Review the A file construction. Refer to Records Operations Handbook II-24 Record
of Proceedings. Also see Appendix 11-2, A File Construction, for a specific listing of
forms and their location within an A file.
Record of Proceeding documents are filed with the Immigration Court and are
identified as all forms and documents associated with the legalities of detention (e.g.,
Warrant of Arrest) as well as with identifying the aliens immigration status (e.g., Notice
to Appear, Form I-862). The Notice to Appear, which is the charging document, lists the

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allegations and violations of law of which the alien is being accused. Place such
documents on the left side of the A file.
Administrative forms and documents include all records not considered part of the
Record of Proceeding (e.g., Form I-213, Record of Deportable Alien). Place these on the
right side of the A file.
(9) Forward the file to District Counsel for review. District Counsel will review the
charging document for legal sufficiency. Enter the case in DACS prior to forwarding the
file.
(10) Forward the approved charging document (Notice to Appear) to the Immigration
Court (also known as the Executive Office for Immigration Review, or EOIR) for the
scheduling of a hearing.
(c) Deportation Case Check Sheet (Form I-170). For each case placed under docket
control, place a new Form I-170, Deportation Case Check Sheet, on the top of the nonrecord side of the file (on the right). As actions listed on Form I-170 are completed, check
the appropriate box and provide the date and your initials. Periodically review the I-170
to monitor progress, taking whatever steps necessary to keep the removal process on
track.
11.4

Deportable Alien Control System (DACS).

(a) General. DACS is the Services automated system for maintaining/managing cases
associated with the arrest, detention and removal of illegal aliens. The purpose of DACS
as it relates to docket management is to provide for the uniform control and tracking of
cases in which removal/deportation proceedings will or may be commenced. Control of
docketed cases is maintained at one of the designated docket control offices. Creating the
file, updating and closing a file in DACS is a function and responsibility of Detention and
Removal. For the DACS Help Desk phone number, see Appendix 1-1.
(b) Entries. For instructions on how to access, enter data, and use DACS, see the
Deportable Alien Control System User Manual (Appendix 36-1 of this manual).
Appendix 11-1 lists screens to complete when entering detained and non-detained cases
into DACS. With regard to absconder-related cases, see Use of New Special Class Codes
in DACS, the Executive Associate Commissioners memorandum dated April 10, 2003
(Appendix 11-3).
(c) Docket Control Office (DCO). The DCO has jurisdiction over a case and/or
possession of the A file. See Appendix K of the DACS User Manual for a listing of
Docket Control Offices.
(d) Call-up Dates. Call-up dates as they pertain to DACS and the management of a docket
will be used as a guide to determine when a file needs to be reviewed. As a general rule,
the call-up date should reflect a point in time in which the case needs to be reviewed (i.e.

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a hearing date). See exhibits 4-35 to 4-40 in the DACS User Manual for the various ways
of requesting a case call-up through DACS.
(e) Closure of Cases under Docket Control.
(1) Transfer a Case. For situations in which a detained alien bonds out or is released on
an Order of Recognizance, an Order of Supervision, or on Parole, the Docket Control
Office (DCO) will update all pertinent information in DACS and transfer the file to the
ecoming responsible for the case. When a file is transferred to another DCO, the
(b)(2)High screen (see 4.3.8 of the DACS User Manual) should reflect the transfer.
(2) Removal/Deportation. When an alien is removed, you are responsible for entering the
appropriate data into DACS to close the case. See Appendix B of the DACS User Manual
for a list of the appropriate codes.
(3) Case Closur
the codes under

t information before closing a case. Use
in Appendix B of the DACS User
r "Policy Closure" has been discontinued. As a result, the code "P"
(b)(2)High
is not
ion. If a charging document has been improperly issued,
but has not been filed with (b)(2)High and the case has been entered into DACS, you may
(b)(2)High
close
arging Document
he "E" code
(b)(2)High
(b)(2)High
in the
does not require a
(b)(2)High

ens. DACS contains several screens that are used for inquiries only (b)(2)High
(b)(2)High
see 4.5 of the DACS User Manual) is the command used in DACS to
obtain the inquiry menu. The most commonly used inquiry screens are:
screen (custody screen, see 4.5.2 of the DACS User Manual). This screen
provides all custody information related to an A number.
(b)(2)High

(b)(2)High screen (Executive Office for Immigration Review or Immigration Court, see
4.5.13 of the DACS User Manual). This screen provides information related to
proceedings before the Immigration Court (i.e. hearing dates, decisions, and appeals). An
A number is required for this type query.

(b)(2)High

yo

screen (Look case, see 4.12.2 of the DACS User Manual). This screen allows
w information on any case for which you have the A number.

(b)(2)High

(b)(2)High

(b)(2)High

(b)(2)High
(b)(2)High
(g)
The
allows you to enter da
re
for which you have the A number. Enter
following four screens:

(b)(2)High

onduct status queries
for access to the

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(b)(2)High

(b)(2)High

(b)(2)High

(b)(2)High

containing decision and hearing data

containing Board of Immigration Appeals (BIA) data
which contains motion to reopen data
which contains court actions

Remember to update the data every time a decision is announced.
(h) Case Acceptance. The command to accept a file in DACS is (b)(2)High (see 4.3.11 of the
DACS User Manual). This screen allows you to accept a case in DACS when it has been
transferred to your location from anoth
ocket control office (see Appendix K of the
DACS User Manual) not listed on the (b)(2)High screen of DACS is unable to enter and
update information in DACS for that given A file. Upon
ng a file in DACS, your
office code will show as the docket control office on the (b)(2)High screen and you will be
able to update and enter data for that case.
11.5 Docket Management of Detained Cases.
(a) General. Detained docket cases consist of aliens who are in custody. For those aliens
being detained who are not entitled to an immigration hearing (i.e. reinstatements,
administrative removals, visa waiver and expedited removals), you will take the
necessary steps to accomplish the timely removal of such aliens. Administrative
Removals and Reinstatements are discussed in Chapters 14.7 and 14.8 of this manual.
(b) Review the A file. See 11.3, above. In addition to the steps mentioned in section11.3
you will also check for the following:
Is the alien requesting some sort of relief or are they claiming fear to return to their
country and requesting asylum? See 11.19 below and Chapter 20.2 of this manual.
Review the custody conditions (Form I-286); Will the alien be allowed to post a bond?
See Chapter 12 of this manual.
Is this a special interest case due to the aliens nationality or citizenship? See 11.11,
below. Keep in mind that for some special interest cases, you must notify the FBI of the
aliens detention.
(c) Creating the file in the Deportable Alien Control System. Several screens within the
DACS system require data input for the creation of an A file. See Appendix 11-1 of this
manual for detailed instructions. Also see the DACS User Manual, Appendix 36-1.
(d) Book an Alien into Custody. The Detention Summary screen (see 4.4.1, (b)(2)High n the
DACS User Manual) in DACS allows for the booking in and out of an alien.

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(e) Change of Address Form (EOIR-33) and Notice to EOIR: Alien Address (Form I830). Upon the release of an alien from custody, you must verify that the alien was
provided with Form EOIR-33 and that your Immigration Court (also known as the
Executive Office for Immigration Review) was provided with Form I-830. Most
Immigration Courts now require that you send Form I-830 electronically (via cc mail to
an address that corresponds with your area). You will need to verify what procedure your
area is using since not all Immigration Courts are receiving the I-830s electronically. In
all cases, a copy of Form I-830 and EOIR-33 (signed by the alien) will be placed in the
file.
Change of Address Form (Form EOIR-33): This form allows the alien to submit any
changes to his/her address directly to the Immigration Court. The Immigration Court will
document the change and forward correspondence to the new address.
Notice to EOIR: Alien Address (Form I-830): This form notifies the Immigration
Court of any change to the aliens custody condition (i.e. released on bond, transferred to a
new location for detention) and provides the court with the aliens address and telephone
number.
(f) Executive Office for Immigration Review (EOIR) screen in DACS. The command to
access this screen in DACS is EOIR. This screen allows you to view information related
to proceedings. It is your responsibility to monitor this screen for changes and updates on
hearings, and hearing decisions. See the DACS User Manual, Exhibit 4-59.
(g) Bonds. See Chapter 12, Bond Management. An alien who bonds out or is otherwise
released and awaiting his/her hearing will then be monitored as a non-detained case. See
11.6, below.
(h) Removal of an Alien. Final Orders of Removal and Preparation for Travel are
discussed in Chapters 15 and 16 of this manual.
11.6 Docket Management of Non-Detained Cases.
(a) General. The Non-Detained Docket consists of cases in which the Service does not
detain the alien. Whenever an alien bonds out of custody, is released on an order of
recognizance, or is otherwise released, his/her case is then managed under a non-detained
docket. Review of the A file and possible consolidation of files is covered in 11.3, above.

(b) Steps involved upon receipt of a non-detained case include:
Receive the file in RAFACS (see II-10 of the Records Operations Handbook);
Review the file for accuracy (see 11.3, above);
Create A file in DACS (see Appendix 11-1 of this manual);

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Forward the file to District Counsel for review;
Forward the charging document to the Immigration Court; and
Review your

(b)(2)High

and the (b)(2)High screen in DACS (see 11.3 and 11.4, above).

(c) Removals Ordered by the Immigration Judge. First, verify that no appeal is pending.
Then, if no bond is involved and no appeal has been filed, you will prepare Form I-205,
Warrant of Removal; Form I-294, Warning to Alien Ordered Removed or Deported and
Form I-166, Notice to Deportable Alien to Surrender. If the alien fails to appear by the
specified surrender date, transfer the file to the District Office with jurisdiction over the
aliens place of residence.
For cases involving bonds, see Immigration Bond Management (Chapter 12, below).
If the case involves a fugitive alien, see Chapter 19, Removal Process: National Fugitive
Operations Program (NFOP).
(d) Transfer of Files. When transferring a file to another docket control office (DCO),
update all information in DACS and use the CLOS screen in DACS to transfer the file.
See section 4.3.8 of the DACS User Manual. Situations in which you will need to transfer
an A file include, change of venue, the aliens last known address (subsequent to a
removal order) is in another jurisdiction, or another office is requesting the file for
consolidation or review.
11.7 Alternatives to Detention. [Reserved]
11.8 Institutional Removal Program (IRP) Procedures.
(a) The Program. The IRP deals with aliens incarcerated in federal, state, county, or
local jails. By securing a final order of removal before an aliens release from
incarceration, the IRP expedites the processing and placing in proceedings of these
criminal aliens. (See sections 238(b), 238(c)(5), 240(d) and 241(a)(5) of the Act.
Carefully consider the following alternative removal procedures before issuing a Notice
to Appear (NTA) for a removable alien in an IRP facility. Any of these alternatives will
significantly reduce the number of detainees in Service custody:
administrative removal (Section 238(b) of the INA).
judicial order of removal (Section 238(c)(5) of the INA).
stipulated removal (Section 240(d) of the INA).
reinstatement of final order (Section 241(a)(5) of the INA).

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For information on administrative removals without a hearing, see Removal Process:
Non-Hearing Removal Cases, Chapter 14, below.
(b) Aliens Ineligible for Alternative Removal. If an alien does not meet the criteria for
alternative removal, you must prepare and serve an NTA (see section 239 of the INA).
(c) Responsibilities of the Institutional Removal Program (IRP). The following
procedures apply at all IRP locations:
Identify foreign-born inmates;
Interview; establish alienage;
Conduct extensive records checks in Central Index System (CIS), Deportable Alien
Control System (DACS), National Crime Information Center (NCIC), Computer Linked
Application Information Management System (CLAIMS), Non-immigrant Information
System (NIIS);
If needed, open a new A-File and create record in CIS (see Records Operations
Handbook, Part II-03, Creating A-Files);
Locate, order, receive and review original Service file upon receipt;
Issue Form I-247, Immigration Detainer-Notice of Action;
Process criminal aliens for removal proceedings;
Prepare cases and charging documents for removal proceedings;
Schedule removal hearing with Executive Office for Immigration Review (EOIR);
Maintain and update DACS data entry (see Chapter 11.4, for DACS data entry, or the
DACS Users Manual, IRP, Appendix 36-1, 4.3.10);
Obtain fingerprint cards and photographs for Service file;
Submit fingerprint card to FBI (see Special Agents Field Manual, Appendix 16-1);
Prepare travel document request and complete Form I-217, Information for Travel
Document or Passport;
Enter criminal alien into Automated Biometric Identification System (IDENT) prior to
removal;
Close case in DACS (see Case Closing Actions, Chapter 15.5, below);

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Prepare and forward Service file to Law Enforcement Support Center (LESC) for
entry into NCIC. (See also National Fugitive Operations Program (NFOP), Chapter 19,
below.)
11.9 Special Detention Cases: Juvenile Aliens.
The standards governing the treatment of juvenile aliens in Service custody from arrest to
release or removal are wholly contained in Juvenile Aliens: A Special Population,
Appendix 11-4 (hyperlinks to individual chapters are provided below). The standards
were specifically developed to ensure the safe, secure and humane treatment of detained
juveniles. These policies and procedures set forth the Services expectations of officer
conduct during the any encounter with a juvenile alien, whether processing, detaining,
releasing, or removing that juvenile. They likewise state the standards with which
facilities housing juveniles in INS custody must comply.
Introduction Juvenile Detention and Shelter Care Program
Procedures for the Arrest and Detention of Juvenile Aliens
Special Issues and Special Populations
Non-secure and Secure Juvenile Facilities
Inspection Standards for Juvenile Shelter Care and Secure Juvenile Detention
Facilities
Transportation Requirements
Legal Requirements Representation
Escapes and Other Emergency Incidents
Medical Issues
Jenny Lisette Flores, et al. v. Janet Reno Stipulated Settlement Agreement
Perez-Funez Rights Advisal
Referral for Home Assessment Form
Notice of Placement in Secure Juvenile Facility Form
11.10 Victim-Witness Program.
The Victim-Witness Assistance chapter of the Special Agents Field Manual (Chapter 53)
discusses individual aspects of the program, such as:

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













General
Identification of Victims
Description of Services
Protection from Harassment/Intimidation
Other Responsibilities
Guidelines for Special Victim Populations
Child Abuse Reporting
Victim Privacy
Post-Conviction Services (Victim-Witness Notification Program)
Coordination
Training
Files/Forms
Reporting Requirements

11.11 Special Interest Cases.
(a) General. Special interest cases involve aliens or issues of particular concern to the
Service, particularly at the Headquarters level. The aliens background often occasions
this special interest, especially when that background may include criminal or terrorist
activity. When another law enforcement or government agency contacts the Service about
investigating an individual, that case will likewise become a special interest case. Among
other things, high profile/media attention; sensitive circumstances surrounding the case;
international relations; national security; public policy; or community safety may render a
case of special interest.
(b)

Categories of Special Interest Cases.
Human rights abuses (war crimes, genocide, torture or persecution of others);
Terrorist-related (suspected involvement in or support of terrorist organizations);

National security (espionage, weapons of mass destruction, acting on behalf of a
hostile foreign intelligence service, violation of import-export laws relating to sensitive
information or technology, etc.).
For special interest case standard operating procedures, see the Designation of National
Security Matters memorandum dated December 18, 2002 (Appendix 11-5, below). Note:
The memorandum is designated as limited official use/law enforcement sensitive.
11.12

National Security Entry Exit Registration System (NSEERS).

The NSEERS system has replaced the special interest alien procedures applicable to
certain non-immigrants. The NSEERS requirements apply to certain classes of nonimmigrant aliens from countries designated by the Attorney General and to others whose
presence in the United States requires close monitoring (see 8 CFR 264.1(f) and Standard

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Operating Procedures for Aliens Subject to Special Registration in Appendix 15-9 of the
Inspectors Field Manual).
11.13 Preparing for a Removal Hearing.
You may find yourself processing an alien for a removal hearing under varied
circumstances, e.g., at an IRP location; at your office, correcting paperwork; after an
arrest incidental to a fugitive/absconder operation, and so forth. For procedures, see the
Special Agents Field Manual, Chapter 14: Alien Processing, Removal Hearings,
Voluntary Departure; Institutional Removal Program Procedures (section 11.8, above);
and the special instructions itemized in Interim Enforcement Procedures (IIRIRA),
Chapter V, section D, paying particular attention to item #8, which concerns aliens with
U.S. military service (Appendix 11-6).
After establishing alienage, you will have to complete the forms included in the following
chart to initiate removal proceedings:
A file Left Side
I-862

Notice to Appear

I-200

Warrant of Arrest

I-286 Notice of Custody Determination
A file Right Side
I-213 Record of Deportable Alien
I-94
I-826 Notice of Rights
I-214 Sworn Statement (depending on case)
I-265 Notice to Appear, Bond and Custody Processing Sheet
I-217 Info for Travel Document or Passport (depending on nationality)
I-770 Used for juveniles Statement/Q&A (depending on case)
List of legal services
Record checks (i.e. CIS, NIIS, CLAIMS, DACS, NCIC)
IDENT printouts

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FD-249 fingerprint card
Conviction documents
R-84 Green fingerprint card
11.14 Record of Expenses Billable to Transportation Company (Form I-380).
Prepare Form I-380 when an aliens removal will be at the transportation companys
expense. Keep the I-380 with the original Warrant of Removal (I-205). Enter individual
expenses as they accrue. If the alien transfers to another facility, the I-380 will travel with
him/her, along with the Warrant of Removal. Each office incurring billable expenses will
add those items to the form. When the executed Warrant of Removal, accompanied by
the I-380, returns to the originating office, the I-380 serves as the basis for the bill. (For
carrier liability and notification, see Chapter 16.7, below.)
Note: You must initial every item you enter on Form I-380.
11.15

Mentally Disturbed Aliens.

(a) Medical Grounds of Inadmissibility. Section 212(a)(1)(A)(iii) of the Act governs an
aliens inadmissibility on medical grounds; see AFM 23.3(3).
(b) Mentally Disturbed Aliens Requiring Escort. For escort policies and procedures
of mentally disturbed aliens, see Chapter 16.4(a)(1) of this manual. Additional
information is also available from the U.S. Public Health Services Division of
Immigration Health Services; see http://www.inshealth.org/
(c) Special Needs in a Detention Facility. When attending to an alien diagnosed with a
medical or psychiatric condition, you must address the special needs or requirements sent
by the medical care provider to the Officer in Charge of the detention facility. (See the
detention standards on medical care and administrative segregation, respectively at
Chapters 24.2 and 25.11, below.)
11.16 Stipulated Orders of Removal.
(a) Overview. A stipulated order of removal is an agreement between the Service and the
alien in which the alien consents to being deported/removed. Such an agreement is
advantageous to the government in that it relieves the Immigration Court of the need to
have a hearing, saves the Service additional detention costs and allows the alien to return
to his/her country without further detention. An immigration judge may enter an order of
deportation, exclusion or removal, stipulated to by the alien (or the aliens representative)
and the government. (See Section 240(d) of the Act and 8 CFR 3.25(b).)
It is important to note that some Immigration Courts will not allow for stipulated removal
requests so a hearing will have to be scheduled. You must inquire as to whether the

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Immigration Courts in your area allow Stipulated Orders of Removal, prior to offering it
to an alien.
(b) Procedure.
(1) Notice to Appear (I-862). The alien shall be served with a charging document, the
Notice to Appear I-862, which lists the allegations and Immigration violations. Most
times the charging document will already have been served to the alien by another
program, such as Border Patrol, Inspections or Investigations. At this time you may
explain the stipulated request process and then ask the alien if they would like to request
a stipulated removal.
(2) Preparation of a Stipulated Request. Prior to drafting a stipulated request for removal
and hearing waiver, confirm that the alien agrees to each of the following provisions:
Admits the truth of the allegations contained in the charging document;
Concedes deportability or inadmissibility, as charged;
Declines the opportunity to apply for relief;
Designates a country for deportation or removal;
Concedes to the introduction of the written stipulation as an exhibit to the Record of
Proceeding (documents filed with the court);
Understands and accepts the consequences of the stipulated request, into which he/she
is entering and provides a statement to this effect, and;
Agrees to accept a written order of deportation, exclusion or removal as final, and so
waives the right to appeal.
Although there is no standard form for stipulated removals, the alien must agree to the
above mentioned provisions. See a sample of a stipulated removal in Appendix 11-7 of
this manual. Generally speaking, the Office of District Counsel will prepare the
stipulation for filing with the Executive Office of Immigration Review.
(c) Required Signatures. The stipulated request and required waivers shall be signed on
behalf of the government by District Counsel and by the alien and his/her attorney or
representative, if any.
(d) Review by Immigration Judge. The immigration judge will review the charging
document, the written stipulation and supporting documents to verify the aliens waiver is
made freely and knowingly.

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(e) The Stipulated Order. A signed order legally warrants the aliens deportation or
removal from the United States.
(f) Removal and Closure. The alien will be removed to the country designated on the
stipulated request or to the country prescribed in section 241 (b)(2) of the Act. Update the
closure (CLOS) screen in DACS to show the alien was removed. Enter 6 in the DepartCleared Stat data field.
11.17 Inadmissible Arriving Aliens.
According to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(IIRIRA), Pub. L. 104-208, Sep. 30, 1996, 110 Stat. 3009, applicants for admission to the
United States fall into one of the following three groups: (i) aliens arriving in the United
States, (ii) aliens interdicted at sea and brought to the United States, and (iii) aliens that
are present in the United States without being admitted.
Admission or admitted is defined as the lawful entry of an alien into the United States
after inspection and authorization by an immigration officer (see Section 101(a)(13)(A)
of the Act).
To determine whether an arriving alien belongs to one of the 10 classes of aliens
inadmissible to the United States, see section 212 of the INA.
Aliens arriving in the United States to present themselves for admission, who have not
yet been admitted, are discussed below.
(a) Expedited Removals. Inadmissible arriving aliens may be served a Form I-860,
Notice and Order of Expedited Removal. This applies only to aliens inadmissible under
INA 212(a)(6)(C) and 212(a)(7). Aliens inadmissible on any other grounds are not
subject to expedited removal proceedings. Pursuant to INA 235(b)(1)(F) and 8 CFR
235.3(b)1(i), Cubans are not subject to expedited removal. An Immigration Inspector
who has encountered the alien applying for admission serves the I-860. The I-860
informs the alien that he/she is inadmissible to the United States and orders the alien
removed. Generally, all aliens subject to expedited removal will be detained. Aliens who
are served with an I-860 and who claim of fear of return to their native country are given
a credible fear review by an asylum officer. See 8 CFR 208.30, 235.3. If the alien claims
fear of return, he/she will be detained until an asylum officer can interview him/her.
(b) Notice to Appear. Inadmissible arriving aliens processed for removal proceedings
under INA 240 will be served with a Form I-862, Notice to Appear. The I-862 informs
the alien that he/she is an arriving alien and advises of the allegations of inadmissibility.
Inadmissible arriving aliens may be detained to await their hearing before an immigration
judge. They may also be paroled into the United States. The parole may be accompanied
by the posting of a bond. Bonds for arriving aliens who are paroled may only be set by
the District Director. For procedures involving the parole of aliens from Service custody,
see 11.1(c) in this chapter.

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(c) Inadmissible Arriving Aliens Ordered Removed. Having been ordered removed by
an Immigration Officer through the Expedited Removal process, the alien is barred from
re-entering the United States for 5 years. When the alien is removed, he/she is served
with Form I-296, Notice to Alien Ordered Removed/Departure Verification. The I-296
contains the warnings of the I-294, therefore a separate I-294 is not executed. Normally,
aliens ordered removed through the Expedited Removal process are returned to their
country the same day they were apprehended (if they are a citizen of contiguous
territory). Aliens from countries that are not contiguous territory may be detained until a
travel document can be obtained.
In contrast, removals of inadmissible aliens present in the United States without being
admitted or paroled are executed on Form I-205, Warrant of Removal/Deportation. In
addition to the I-205, the alien must be served with a Form I-294, Warning to Alien
Ordered Removed or Deported. The I-294 specifies how long the alien must wait before
applying for entry to the United States again. The prohibitions to re-entry are as follows:
A period of 5 years from the date of departure from the United States as a
consequence of having been found inadmissible as an arriving alien in proceedings under
section 235(b)(1) or section 240 of the Act initiated upon the aliens arrival to the United
States (20 years in the case of a second or subsequent removal or at any time if the alien
has been convicted of an aggravated felony) INA 212(a)(9)(A)(i);
A period of 10 years from the date of departure from the United States for all other
aliens not described in INA 212(a)(9)(A)(i) (20 years in the case of a second or
subsequent removal or at any time if the alien has been convicted of an aggravated
felony) INA 212(a)(9)(A)(ii).
(d) Docket Control of Inadmissible Arriving Aliens. Appendix B of the DACS Users
Manual provides the codes to use when entering, updating and closing out expedited
removals and other inadmissible arriving aliens.
11.18 Temporary Residents.
The Immigration Reform And Control Act of 1986 (IRCA), Pub. L. 99-603, created
sections 210 and 245A of the Act, allowing certain aliens to apply to be admitted for
lawful temporary and permanent residence. Both sections provide that aliens who were
admitted as lawful temporary residents could later be apply to adjust status to that of
lawful permanent resident. This section will discuss both sections and how they apply to
the Detention and Removal program.
(a) Section 210 of the INA (Special Agricultural Workers). Aliens eligible for SAW
benefits were divided into two groups. Group 1 included aliens who could prove that they
resided in the United States and performed at least 90 days of agricultural work during
the years of 1984, 1985 and 1986. Group 2 were only required to prove they resided in
the United States and performed at least 90 days of agricultural work between May 1,
1985 and May 1, 1986. Aliens also must have been able to establish that they were

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admissible. Eligible aliens must have applied for temporary residency during the 18month period between June 1, 1987 and November 30, 1988. Aliens granted temporary
residency under section 210 were eventually granted lawful permanent residence.
Pursuant to 8 CFR 210.4(d), SAW status is automatically terminated if an immigration
judge issues a final order deportation or removal. Officers who encounter aliens claiming
to have a SAW benefit pending should check all applicable computer systems to ensure
the case is still pending. Aliens with a final order of deportation or removal whose SAW
application has been denied should be removed. If questions arise involving aliens with
pending SAW applications, consult with the Examinations Branch and the Office of the
District Counsel.
(b) Section 245A of the INA (Amnesty) Aliens who entered the United States before
January 1, 1982, and maintained a continuous unlawful presence from November 6,
1986, until the day they filed their application were eligible to apply for 245A benefits.
Originally, applications for 245A benefits must have been filed between May 5, 1987 and
May 4, 1988. After the May 4, 1988, deadline, 3 separate class action lawsuits were filed
against the Service to extend the application deadline. Section 1505(c) of the Legal
Immigration Family Equity Act Amendments (Pub. L. 106-554) (LIFE Act Amendments)
was passed to address the concerns of all three lawsuits. Additional information on the
LIFE act can be found in 8 CFR 245a.10, 8 CFR 245a.11, 8 CFR 245a.12 and 8 CFR
245a.13. Officers who encounter aliens claiming to have a 245A benefit pending should
check all applicable computer systems to ensure the case is still pending. Aliens with
pending applications cannot be removed from the United States. Aliens with a final order
of deportation or removal whose 245A application has been denied should be removed.
Section 245A of the INA and 8 CFR Part 245a are quite extensive. If you are in doubt of
what action to take with a 245A applicant, consult your Examinations Branch or the
Office of the District Counsel.
11.19 Refugees, Asylum and Withholding of Removal.
(a) Definition. Eligibility to apply for asylum in the United States is specifically
described in section Sec. 208(a) of the Act. Generally, any alien who is physically present
in the United States, including an arriving alien, may apply for asylum. To be granted
asylum, the alien must be a refugee as defined in section 101(a)(42)(A) of the Act. The
basic requirements of this definition are that the alien be unwilling or unable to return to
his/her country of nationality or habitual residence due to a well-founded fear of
persecution. The persecution described must be on account of the aliens race, religion,
nationality, membership in a particular social group, or political opinion. The statute
specifically states that forced compliance with, or resistance to, coercive population
control is deemed to constitute persecution based on political opinion.
(b) Indication of Fear of Persecution or Request for Asylum. An alien is not specifically
required to state that he wishes to apply for asylum. Any time an immigration officer
becomes aware that an alien fears harm if returned to his/her country, the officer must
take certain steps on that aliens case prior to removal from the United States. It should
particularly be noted that only an asylum officer, immigration judge or the BIA has

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authority to determine ineligibility for asylum based on failure to apply within one-year
of arrival or based on the existence of a prior denial of an asylum request, see 8 CFR
208.4(a)(1).
(c) Jurisdiction. What to do when an alien expresses a fear of harm or torture depends
upon the type and status of proceedings in which the alien has been placed (8 CFR
208.2).The Asylum Division has jurisdiction over requests for asylum from aliens
seeking admission at ports of entry. This includes initial jurisdiction over aliens placed in
expedited re
of persecution (8 CFR
(b)(2)High
208.30). See
The Asylum Division also has jurisdiction to make a reasonable-fear determination when
an alien placed in administrative removal proceedings (relating to non-permanentresident aliens convicted of an aggravated felony) expresses a fear of returning to the
country of removal. In addition, the Asylum Division has jurisdiction to make a
reasonable-fear determination when an alien whose previous removal order has been
reinstated expresses a fear of returning to the country of removal (8 CFR 208.31). This is
the mechanism by which aliens who do not go before an immigration judge in removal
proceedings may assert a claim under the Convention Against Torture (8 CFR 208.1618).
(d) Disclosure. Information concerning any asylum application, request for a credible fear
determination, or request for a reasonable fear determination may not be disclosed to any
third party except as specifically authorized under 8 CFR 208.6.
(e) Violation of Status. An alien who has been granted asylum may not be deported or
removed unless his/her asylum status is terminated pursuant to 8 CFR 208.24. An alien in
exclusion, deportation, or removal proceedings who is granted withholding of removal or
deportation, or deferral of removal, may not be deported or removed to the country to
which his/her deportation or removal is ordered withheld or deferred except in
accordance with 8 CFR 208.24 or 208.17(d) or (e).
If an alien who was admitted to the United States as a refugee under Section 207 of the
INA is subsequently determined not to have been a refugee at the time of admission (see
section 101(a)(42) of the Act), he/she must be notified, in writing, of the intent to
terminate refugee status. The alien then has 30 days during which to present evidence
supporting the refugee status as granted; no other appeal is allowed. If refugee status is
termination, place the alien under removal proceedings as an inadmissible alien, serving a
Notice to Appear (see 8 CFR 207.9). For a sample of charging document wording, see the
Special Agents Field Manual (Appendix 14-1).
For a recent discussion on processing refugees conditionally admitted under INA 207 and
subsequently found inadmissible, in General Counsel memorandum, Removal of Persons
Admitted as Refugees Pursuant to Section 207, November 2001. The refugee status of an
alien properly admitted under 207, but who subsequently becomes inadmissible by virtue
of a criminal offense or conviction, cannot be terminated (8 CFR 207.9). Rather, such an

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ICE.000032.09-684

alien is required to apply to the Service one year after entry, by submission of Form I485, for a determination of admissibility and eligibility to adjust to permanent residence
status. If the alien does not voluntarily apply for adjustment of status subsequent to the
one-year anniversary of admission as a refugee, he/she may at any time be taken into
custody for inspection and examination under oath to determine admissibility. If found
inadmissible, and therefore not eligible to adjust status to that of lawful permanent
resident under section 209(a) of the Act, the alien must be placed in removal proceedings
through issuance of a Notice to Appear (I-862). (For waivers of inadmissibility, see INA
209(c); see also, Matter of Jean, 23 I. & N. Dec. 373 (A.G. 2002)). There is no apparent
time limit on the authority of the Service to take such an alien into custody following
expiration of the one-year period after admission as a refugee. See sample charging
document language in Appendix 14-1 of the Special Agents Field Manual.
11.20 Applicants for Adjustment of Status.
When you determine an alien is eligible to receive a benefit under section 245 of the Act,
it is important to be familiar with specific conditions, restrictions, procedures and the
types of adjustment of status. Understand the restrictions and eligibility for these certain
benefits and determine if removal proceedings should commence, or be deferred to allow
the alien to pursue a benefit under the Act. For information on adjustment of status, see
Chapter 23 of the Adjudicators Field Manual. If you have questions concerning an aliens
eligibility, consult with the Examinations Branch or the Office of the District Counsel.
(a) Removal Proceedings. The application for adjustment of status filed by any alien in
removal proceedings, except an arriving alien, will be reviewed by an immigration judge
(see 8 CFR 245.2(a)(1)). For information on relief and waivers from removal, see
Restoration or Adjustment of Status and Waivers, Chapter 20.5, below.
(b) Applications Pending prior to Removal Proceedings. You must check the Computer
Linked Application Information Management System (CLAIMS) to determine whether
the alien has filed any applications (see Chapter 36.5 of this manual). If an application for
adjustment of status is pending, immediately notify the office having jurisdiction over the
application that removal proceedings have been initiated. Request the aliens file from that
office and review upon receipt. If you have legal questions concerning the application,
consult with the Office of the District Counsel.
(c) Adjustment of Status Granted by the Immigration Judge. See Chapter 20.5(a), below.
(d) Rescission of Adjustment of Status. See Chapter 26 of the Adjudicators Field Manual;
see also 8 CFR 246.1.
11.21 Applicants for Naturalization.
(a) General. For the regulations governing naturalization, see 8 CFR parts 310-338.

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(b) Revocation of Citizenship. If you encounter an alien whose recent naturalization
appears fraudulent, you must notify the Examinations Branch and Investigations
immediately. Revocation of naturalization can only be accomplished judicially. The
Adjudicators Field Manual, Chapter 76, explains the process of denaturalization and loss
of citizenship and, in Appendix 73-4, the citizenship-revocation process, as does Chapter
22, De-naturalization Investigations, of the Special Agents Field Manual.
(c) Claims of Naturalization. If you doubt an aliens claim to be a naturalized citizen of
the United States, check the Central Index System or the Computer Linked Application
Information Management System. If you are unable to verify the claim yourself, you
should consult with the Examinations Branch and the Office of the District Counsel.
11.22 Intra-Departmental Cooperation. [Reserved]

Chapter 12:
Management

Removal Process: Immigration Bond

12.1

Introduction to Bonds

12.2

Categories of Bonds

12.3

Bond-Posting Procedures

12.4

Bond Processes

12.5

Amwest Settlement Agreement

12.6

Surrender Rule [Reserved]

12.7

Demands on Bonds

12.8

Substantial Performance; Substantial Violation

12.9

Procedures for Breaching Bonds

12.10

Breached Bond Appeals

12.11

Canceling Bonds

12.12

Information Management Systems for Bonds

References:
INA: 213, 236, 239, 240; 240B

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Regulations:
1240.26

8 CFR 103.3-103.6, 213.1, 240.25, 241.1-241.5, 241.13-241.14, 299.1,

Other: Treasurys Listing of Approved Sureties (Department Circular 570); INS Bonds
Field Financial Procedures; Bond Management Information Systems: Instructions for
Field Users with View-Only Access; DACS Users Manual
12.1

Introduction to Bonds.

A bond is a legally binding contract between the U.S. Government (the obligee) and an
individual or company (the obligor) in which the obligor commits a certain sum of money
to guarantee an aliens compliance with the bond conditions. If the specified conditions
are fully met, the bond is canceled and any securities or monies deposited are returned,
with interest, to the obligor. If no securities have been exchanged, as is the case with
surety bonds, then the surety company is released from its obligation to the Government.
If the conditions are not fulfilled, the bond is breached and the financial deposit forfeited
or the liquidated damages recovered by the government.
The bonds posted with Detention and Removal Operations (DRO) and discussed in this
chapter are, specifically, immigration bonds. Although appearance bonds comprise the
largest group in both numbers and dollars, immigration bonds serve other purposes, also,
e.g., setting conditions on an aliens release, enforcing an aliens timely departure, ensuring
an alien maintains valid immigration status and does not violate the conditions under
which he/she entered the United States, etc. You must be conversant with the various
types of immigration bonds and the role that each plays in the U.S. Department of
Homeland Security's (DHS) ability to uphold the immigration and nationality laws of the
United States.
12.2

Categories of Bonds.

Immigration bonds fall into the following categories: appearance bonds, performance
bonds, voluntary departure bonds, and other. The form used to execute immigration bond
contracts of all types is the I-352, Immigration Bond.
(a) Appearance Bonds. This type of bond releases an alien from custody, guaranteeing
his/her presence when required during immigration proceedings, whether for interviews,
status checks, court hearings, or removal. Failure to comply with any specified condition
constitutes a bond violation, breaching the bond and rendering it immediately due and
payable. This category includes the following:
Delivery Bondsposted for aliens in deportation or removal proceedings; violated when
the obligor fails to deliver (cause the bonded alien to appear) as agreed until such time as
the alien dies, proceedings are terminated, the bond is canceled, or the U.S. Immigration
and Customs Enforcement (ICE) accepts the alien into custody for detention or removal.

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Inadmissibility Bondsposted to parole certain inadmissible arriving aliens; previously
called exclusion bonds.
Order of Supervision Bondsmay be required for aliens whom the ICE is unable to
remove within 90 days from the final order of removal/deportation. The obligor
guarantees the aliens compliance with all requirements (cooperating with efforts to obtain
travel documents, surrendering for removal, etc.). Given the number of conditions that
may be attached to bonds of this type, you must exercise judgment in deciding whether
the violation of a particular condition constitutes a breach. As a general rule, if you find
substantial performance (compliance with the terms of the order of supervision), you
should let the bond stand.
(b) Performance Bonds. Bonds of this type oblige the alien to meet the standard
conditions imposed by his/her immigration status (e.g., a B-2 visa holder cannot work in
the United States) or case-specific requirements. In many offices, the Inspections Branch
or Adjudications Branch manages performance bonds which include:
Public Charge Bondsposted to ensure an aliens ability to support him/herself without
depending on public assistance from any federal, state, or local agency. With enforceable
affidavits of support required for family-based immigration since December 1997, the
need for public charge bonds has declined. For clarification of the public benefits
excluded from public charge determinations, see INS Field Guidance on Deportability
and Inadmissibility on Public Charge Grounds dating from May 1999
(http://www.acf.dhhs.gov/programs/ofa/fieldgui.htm).
Maintenance of Status and Departure Bondscan be required by a consulate before
issuing a nonimmigrant visa, by Inspections prior to admission, by an immigration judge
(IJ) prior to admission, or by an adjudicator before granting an extension of stay or
change of status; rarely used.
(c) Voluntary Departure Bonds. As the name suggests, these bonds commit the alien to
arrange, finance, and effect his/her departure from the United States by a specified date,
in accordance with the conditions specified in the voluntary departure order.
The mandatory minimum amount for a voluntary departure bond is $500. Failure to post
bond within five business days of the immigration judges order automatically vacates the
voluntary departure order, activating the alternate order of removal.
For a comprehensive discussion of policies and procedures, see Voluntary Departure
(Chapter 13, below).
12.3

Bond-Posting Procedures.

(a) Cash v. Surety Bonds. Any person (including the arrested alien, corporation, or surety
company) may post an immigration bond. Individuals and corporations post cash bonds.
Surety insurance companies (and their agents) post surety bonds.

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Cash Bonds—The individual or corporation must post the full amount of the bond in cash
or cash equivalent, in the form of cash (U.S. dollars only); cashiers check; certified
check; or money order. Checks must be made payable to the U.S. Department of
Homeland Security. DRO prefers money orders and cashiers checks, which reduce
paperwork and are more easily safeguarded than other forms of payment.
Surety Bonds—The surety agent must provide a power of attorney (the legal instrument
authorizing the agent to execute the immigration bond on the surety companys behalf,
and to obligate money equal to at least the amount of the bond.) If the power of attorney
specifies a monetary limit, e.g. $5,000, the agent can post bond up to the specified
amount only. The agent may not combine two or more powers of attorney to post a bond.
No cash, check, or other collateral is required at the time the bond is posted.
The power of attorney must specifically authorize the posting of an immigration bond,
otherwise the surety company may dispute the agents authority to act on its behalf.
Treasury Department Circular 570 lists all surety companies approved to post bonds with
the U.S. Government. Copies are available in all ICE offices and on the Internet, at
http://www.fms.treas.gov/c570/c570.html#certified. The website tracks changes to the list
issued on July 1st of each year (http://www.fms.treas.gov/c570/supplements.html).
(b) Bond Posting Worksheet Instructions.
(1) Cash Bonds. Before accepting a cash bond on behalf of DRO, you must do all of the
following:
Have the obligor complete the Bond Worksheet, to provide relevant information about
the obligor and the alien to be bonded; see the sample worksheet provided in Appendix
12-1.
Request identification from the obligor. The obligor may present any governmentissued photo identification including, but not limited to, passport, military ID, residentalien card, drivers license. Be sensitive to the fact that the obligor may be a U.S. citizen.
You must accept any authorized photo identification presented by the obligor; you may
not insist on a passport. If you question the authenticity of the photo-ID presented by the
obligor, consult your supervisor. Note: DRO officers do, but Bond Control Specialists
and Detention and Deportation Assistants do not, have the legal authority to question or
determine alienage.
Make and file a copy of the ID provided by the obligor.
Review the alien's A-File to verify custody status and eligibility for release on bond. If
another law enforcement agency (federal, state, or local) has physical custody of the alien
and jurisdiction over the case, DRO has no authority to accept a bond on his/her behalf.
Verify the bond amount.

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When you have completed the above verifications, you may ask a Detention and
Deportation Assistant to prepare the bond forms, although you must review the forms for
completeness and accuracy.
12.4 Bond Processes.
(a) Bond Amount. See Special Agents Field Manual, Chapter 14.3, Detention and Bond
Determinations.
(b) Bond Redetermination.
At any time during removal proceedings:
The alien may request a custody redetermination from the IJ or the officer in charge. If
dissatisfied, he/she may repeat the request in another forum. The alien dissatisfied with
the officer in charges decision may turn to the immigration court. Dissatisfied with the
immigration judges decision, the alien may file an appeal with the Board of Immigration
Appeals (BIA).
ICE, through the Principal Legal Advisor, may appeal the immigration judges custody
decision to the BIA.
Within seven days of release from ICE custody, the alien may request a review of the
release conditions from the immigration judge. After the seventh day, however, he/she
must direct any such request to the officer in charge.
(c) Release Pending Bond Redetermination. Although redetermination hearings take
place quite promptly, some aliens/obligors prefer not to wait. In such cases, release the
alien only if bond is posted in the full amount (the amount at issue).
Resist pressure to accept a bond when the redetermination hearing is imminent.
(d) Processing a Bond after Redetermination.
Cancel, if it is a surety bond. The surety company will post a new bond in the revised
amount, along with a new power of attorney.
Field Financial Procedures, sections 8 and 9
(b)(2)High

Record any redetermination of the bond amount in DACS. Enter the date (BOND-REDDATE) and the new amount set by the officer in charge, IJ, or BIA.
(e) Voluntary Departure Bonds. If the immigration judge granting voluntary departure
requires the posting of a voluntary departure bond, the alien must post the bond within
five business days of the IJs order. This requirement is absolute, whether or not the alien

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ICE.000038.09-684

plans to appeal. If the alien does not post bond but files an appeal, he/she will be
appealing a removal order, not a grant of voluntary departure, because of his/her failure
to comply with the IJs order. You must immediately notify the Office of the Principal
Legal Advisor of the aliens noncompliance, to ensure counsel can so-inform the BIA
while the appeal is pending.
An alien granted voluntary departure by the BIA must post a voluntary departure bond
within five business days of the BIAs order. If the alien fails to post the bond, the
alternate order of removal takes effect.
See also Chapter 13, Voluntary Departure.
(f) Revocation of Bond. The officer in charge may, for cause, revoke an aliens release.
(For procedures on serving the obligor with the demand to return the alien to ICE
custody, see Demands on Bonds 12.7, below).
Use Form I-286, Notice of Custody Determination, to advise the alien of the new custody
conditions and the right to appeal.
(g) Placing a Detainer on a Bonded Alien. [Reserved]
(h) Miscellaneous Aspects of Managing Dockets under Bonds. The BOND POSTED
stamp on the file folder flags the case as one with an active bond, both as a reminder to
monitor the bond at each stage of the removal process and to prevent the file from being
prematurely retired to the Federal Record Center or National Records Center. (When the
case is closed, indicate the final disposition of the bond on the front of the file. Position
the breached or canceled stamp and the date stamp over the BOND POSTED stamp, to
obscure the original bond stamp.)
(1) Assigning Call-Up Dates: Maintain control of your bond docket by calling-up and
reviewing the files on a regular basis. Call-up dates are the key to successful
management, signaling when you will next review the case to check on its status (at a
minimum, every six months) and take any action required.
Give your delivery and exclusion bonds call-up dates that allow you to review each
case for appropriate action within a few days of an order, a hearing, an appeal, a stay, or a
grant of relief. The most appropriate call-up will depend upon a combination of factors:
the case category, individual circumstances, etc.
Assign call-up dates for voluntary departure files based on the date the voluntary
departure status expires. (lf efforts to contact the alien and obligor fail, check all DHS
record systems [e.g., CIS, NIIS, NAILS] for a recent change in immigration status before
breaching the bond.)

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(2) Commenting in DACS: Use the Case Comments screen (CCOM) in DACS to record
information not captured on the Bond Summary (BOND) screen. The BOND screen
limits entries to preset data fields; it has no other section for notes.
(3) Transferring Files: When a bonded alien is granted a change of venue, transfer the
bond and administrative file to the new docket control office (DCO) and, on the Close
screen (CLOS), type the location code for that DCO (TRANSFER-TO-DCO). You will
then complete Form I-350, forwarding a copy to the DMC.
(4) Processing Bond-Ownership Transfers. To transfer ownership of a bond, the obligor
must complete Form I-312, Designation of Attorney in Fact. If you or the obligor has
Branch at the Debt Management Center
(b)(2)High
When the obligor submits the form, check for
the file. Forward the original to the DMC.

(b)(2)High

electronically:

ere, see Bonds Field Financial Procedures
See Also the online "Ask the Professor" feature to
(b)(2)High

12.5 Amwest Settlement Agreement. [Reserved]
12.6 Surrender Rule [Reserved].
12.7 Demands on Bonds.
(a) General. With the single exception noted here, you must serve the obligor with
Form I-340, Notice to Obligor to Deliver Alien, every time you issue a demand for the
bonded aliens presence. If you do not follow this standard procedure, specifying the
reason for the demand (removal, interview, or hearing); delivery conditions, etc., the
obligor is not obliged to respond.
The exception arises when the public interest dictates taking an alien into custody without
warning (e.g., when the aliens record indicates a significant flight risk).
(b) Notification to Obligor (Cash or Surety). Use certified mail, return receipt
requested, or personal service to present the obligor with the I-340.
(c) Notice to Surety Through Agent. Send notices, demands, etc., to the agent at the
address of record in the bond contract, with copies to the surety company. If the bond
does not provide the suretys address, you have the option of forwarding the suretys
copies to the companys headquarters. Contact the agent via certified mail; use general
delivery to send the suretys copies.
A surety switching locations must send DRO separate change-of-address notices for each
outstanding bond bearing the outdated address.

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ICE.000040.09-684

(d) New or Amended Charging Document to Surety. You must send a copy of a new or
amended Notice to Appear (I-862) to the obligor of a surety bond. Failure to do so gives
the obligor grounds for challenging a bond breach based on that demand. You need not
give the obligor notice of any other actions concerning the bonded alien in immigration
proceedings.
(e) Surrender Location. Select a surrender location in ICE's area of responsibility
where proceedings are pending or, if the proceedings have concluded, where the
immigration court issued the final order of removal.
An obligor interested in surrendering an alien before the specified date must, at least
72 hours in advance of the proposed surrender, submit a written request to the officer in
charge with jurisdiction, requesting ICEs revocation of the bond and acceptance of the
alien into custody.
12.8. Substantial Performance; Substantial Violation.
To promote compliance and prevent careless but consequential mistakes, take the time to
explain substantial performance/compliance and substantial violation to both obligor and
alien before releasing the alien into the obligors custody. Spell out the responsibilities of
bonded alien and obligor; if necessary, go over the technical language in the bond
contract.
Compliance with the conditions specified on the bond, allowing for minor or technical
exceptions, will satisfy the requirement for substantial performance. The burden of proof
of substantial performance rests with the obligor. A finding of substantial performance
releases the obligor from liability (8 CFR 103.6(c)(3)).
Not every violation rises to the level of a substantial violation. Nor does substantial
performance mean full performance or perfect compliance.
For example, an obligor may make an honest effort at complying with a demand, but be
unable to, delivering an alien a few days late. This would not be "full performance" but
would be "substantial performance". At the same time, delivering the alien a few days
late is a violation of the conditions of the bond, but not a "substantial" violation. In this
scenario, the substantial performance warrants cancellation of the bond; the nonsubstantial violation does not warrant a breach.
As a rule, an obligors failure to deliver an alien within 30 days of the required delivery
date constitutes a "substantial" violation. Consequently, there can be no finding of
substantial performance. The bond has been breached.
12.9 Procedures for Breaching Bonds.
(a) Breach Eventsubstantial violation of the bond conditions. A likely example of a
breach event would be an obligors failure to produce the bonded alien on the date

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specified on the I-340, Notice to Obligor to Deliver Alien. Surrender of the alien after
that date does not relieve the obligor of the bond obligation.
At some point before the surrender date, however, the obligor may seek a continuance
(up to five days). Record, date, and initial any extension you grant on both the obligors
copy and the file copy of the I-340.
Use Form I-323, NoticeImmigration Bond Breached, to inform the obligor of ICEs intent
to breach the bond, the reason for the breach, and the obligors right to appeal. Enclose
Form I-290B, Notice of Appeal to the Administrative Appeals Office, with the I-323.
A voluntary departure bond is breached when the alien fails to depart on or before the
date specified.
On the (b)(2)High
breach
Management Center

(b)(2)High

(b)(2)High
of the breach
the
and the date you sent the I-323 to the Debt

(b)(2)High

For detailed procedures for b
Procedures, sections 5 and 6

onds Field Financial
(b)(2)High

(b) Mitigation.
Mitigation refers to the reduction of monetary damages owed the government after a
bond is breached. The DHS settles for damages amounting to less than the face value of
the bond, in accordance with the conditions stated on the I-352.
If an obligor delivers an alien to ICE within 30 calendar days of the date of issuance of
the I-323, mitigation of the amount of monetary damages is mandatory. The mitigation
provisions appear in the body of the bond form itself (see I-352, page 4).
An obligor with an appeal pending with the AAO cannot seek mitigation without
withdrawing the appeal.
12.10 Breached Bond Appeals.
(a) General. With certain exceptions, the Administrative Appeals Office (AAO), with
jurisdiction over more than 66 kinds of petitions and applications, adjudicates cases
involving immigration bond breaches.
(b) Filing an AAO Appeal. The obligor has 30 days from the date of issuance (33 days if
the notice was mailed) during which to submit the I-290B, Notice of Appeal, to the ICE
field office that issued the breach. If the last day to file falls on a Saturday, Sunday, or
legal holiday, the filing period extends to the next business day.

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The obligor may submit a brief, statement, or other supporting material with the I-290B
or, within 30 days of the date on the I-290B, directly to the AAO.
Stamp the I-290B with the time and date of receipt. On the I-323, record that an appeal
was filed and the date; forward a copy to the DMC.
(c) Improperly Filed Appeals. Appeals automatically rejected because of irregularities
include those filed:
Untimely (see 8 CFR 103.3(a)(2)(v)(B)(1));
With insufficient funds or invalid means of paying filing fees (e.g., bounced check or
other financial instrument returned as non-payable);
By any person or entity other than the obligor, the obligors attorney of record, or the
surety agent.
A breach not appealed during the filing period is rendered administratively final. An
appeal received after the deadline is ineligible for AAO review but may, if it meets the
requirements, be processed as a motion to reopen (see 8 CFR 103.5(a)(2)) or reconsider
(see 8 CFR 103.5(a)(3)).
Note: If an obligor who has submitted a mitigation request later files an appeal based on
the same breach event, the AAO will not consider the appeal. In such a case, forward the
appeal directly to the officer in charge adjudicating the mitigation request.
(d) Extension of Deadline for Filing Brief. If the AAO grants an obligors written request
for more time to prepare a brief, the obligor must submit the brief directly to the AAO.
(d) Processing the Appeal. Upon receipt of an appeal, review the case in its entirety to
determine whether arguments presented on appeal overcome the basis of the breach. If
the grounds of the appeal seem prima facie valid, the officer in charge may treat the
appeal as a motion to reopen or reconsider. If, after reviewing the case, the officer in
charge finds the breach justified, you must promptly prepare a Record of Proceeding
(ROP) and forward the appeal to the AAO.
(e) Officer-Initiated Reconsideration. You may receive information that, if obtained
earlier, would have resulted in some outcome other than the bonds being breached (e.g.,
alien was incarcerated or had already departed in accordance with a grant of voluntary
departure). In those cases, the officer in charge has the discretionary authority to rescind
the breach and cancel or reinstate the bond (see 8 CFR 103.5(a)(5)(i)).
(f) Creating the Record of Proceeding. Keep these records in reverse-chronological order,
from the earliest (at the bottom of the file) to the latest (placed on top). Exception: upon

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receipt of a brief filed in support of the I-290B, insert it immediately below the I-290B,
irrespective of filing date.
The Record of Proceeding (administrative record) will contain copies of the following
documents:
Form G-28, Notice of Entry of Appearance as Attorney or Representative;
Form I-290B, Notice of Appeal to the Administrative Appeals Office, plus briefs or
attachments;
Form I-323, NoticeImmigration Bond Breached;
Form I-166, Notice to Surrender for Deportation;
Form I-340, Notice to Obligor to Deliver Alien;
U.S. Postal Service Form PS 3811, Return Receipt (proof of delivery of the I-340);
Bond Questionnaire and worksheet (surety bond);
Power of attorney (surety bond) or
Form I-305, Receipt of Immigration Officer (cash bond);
Form I-352, Immigration Bond;
Appellate decision of BIA;
Final order of Immigration judge; and
Form I-862, Notice to Appear, or other charging document.
If the obligor files a motion to reopen or reconsider an earlier decision of the AAO, place
a copy of the appellate decision, the motion, and any attachment at the top of the record
of proceeding. In such cases, you may submit your own brief to the AAO, rebutting the
appellants argument.
(g) Withdrawal of Appeal. The obligor may submit a written withdrawal of an appeal
before a decision is rendered.
(h) Administrative Process after the AAO Decision. If the breach notice is not appealed
within 30 days of the AAOs decision, enter this information into DACS BOND screen.
Inform the DMC by forwarding one of the two file copies of the I-323, stamped or
marked No Appeal Filed, Breach Final as of (date).

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If the AAO dismisses an appeal, update the bond screen in DACS accordingly. Inform
the DMC by forwarding one of the two file copies of the I-323, stamped or marked
Appeal Filed, Dismissed on (date) and Final on (date).
If the AAO upholds an appeal, forward a copy of the decision to the DMC, along with a
copy of the I-323, stamped or marked Appeal Filed, Overturned on (date). Process the
bond as required by the ruling; update DACS accordingly.
If an obligor who has submitted a mitigation request later files an appeal based on the
same breach event, the AAO will not consider the appeal. In such a case, forward the
appeal directly to the officer in charge adjudicating the mitigation request.
12.11

Canceling Bonds.

(a) Action on a Delivery Bond after Voluntary Departure Is Granted. Do not cancel the
delivery bond until the alien has met all requirements for voluntary departure.
If the immigration judge neither requires a bond nor imposes any other condition for
voluntary departure (e.g., surrender of passport), cancel the delivery bond (if any).
If the immigration judge requires the posting of a voluntary departure bond and the
alien posts the bond but fails to comply with the condition(s) imposed by the judge,
cancel the voluntary departure bond (which has converted into an order of removal) and
proceed with the demand on the delivery bond.
If an alien granted voluntary departure by an immigration judge appeals the finding of
removability, you must maintain both bonds posted on the alien. This situation occurs
because the regulations (8 CFR 1240.26(c)(3)) allow no exception to the five-businessday posting for voluntary departure and because ICE is under no legal or logical
requirement to cancel the delivery bond after the posting of a voluntary departure bond.
Maintain both bonds until the appeal is decided. If the appeal is dismissed, you must
cancel the delivery bond; if the BIA finds the alien not removable, cancel both bonds.
(b) Cancellation of Voluntary Departure Bonds. You are required to cancel the voluntary
departure bond of any alien:
Who is rearrested and back in ICE custody before the specified departure date (when
such circumstances invalidate a voluntary departure bond, you must formally cancel the
bond, in accordance with standard procedures); or
Whose voluntary departure has been verified. (NOTE: Verification documents are
discussed in Chapter 13, Voluntary Departure).
On the (b)(2)High scre
the canceled status
sent the I-391 to the Debt Management Center
(b)(2)High

(b)(2)High

lation date
and when you

(b)(2)High

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ICE.000045.09-684

If an obligor cannot produce the original I-305, Receipt of Immigration Officer,
provide him/her with Form I-395, Affidavit in Lieu of Lost Receipt, to submit to the Debt
Management Center.
See Bonds Field Financial Procedures, sections 3 and 4, for step-by-step instructions on
canceling bonds (http://ofm.ins/static/pdf/bonds.pdf).
12.12

Information Management Systems for Bonds.

(a) Bond Management Information System (BMIS). The Debt Management Center uses
BMIS to control the financial aspects of immigration-bond administration: processing
new bonds, cancellations, and breaches; following-up with DRO officers on bond status;
accounts receivable; debt collection, etc. (The Debt Management Center refers delinquent
debt to Debt Counsel or the U.S. Treasury for further action.)
e Request for View-Only Access form (see
Simply provide your office location, PICS
rizing signature. Once you have access,
refer to Bond Management Information System: Instructions for Field Users with ViewOnly Access (Appendix 12-5, below).
(b)(2)High

(b) Deportable Alien Control System (DACS). See the Deportable Alien Control System
User Manual. Sections 4.3.4 and 4.3.5 address bonds (Appendix 36-1, below). See also
the DACS section in the docket-control chapter, above (Chapter 11.4).

Chapter 13: Removal Process: Voluntary Departure
13.1

Authority for Voluntary Departure

13.2

Determining When to Permit Voluntary Departure

13.3

Pre-Hearing Voluntary Departure

13.4

Voluntary Departure During Proceedings

13.5

Pending Pre-IIRIRA Cases

13.6

Employment Authorization

13.7

Penalties for Failure to Adhere to Terms of Voluntary Departure

13.8

Other Considerations When Granting Voluntary Departure

13.9

Voluntary Departure with Safeguards

13.10

Voluntary Departure vs. Deferred Action

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ICE.000046.09-684

13.11

Voluntary Departure under the Family Unity Program

13.12

Procedures and Forms

13.13

Revocation of Voluntary Departure

13.14

Reinstatement of Voluntary Departure

13.15

Voluntary Departure at Government Expense

13.16

Case (Docket) Management

References:
INA: Section 240B
Regulations: 8 CFR 240.25, 240.26
13.1

Authority for Voluntary Departure.

Voluntary departure may be granted by the INS or an immigration judge under the
conditions specified in section 240B of the Immigration and Nationality Act (Act).
Although Section 301 of the Immigration Act of 1990 (IMMACT), Act of Nov. 29, 1990,
Pub. L. 101-649, 104 Stat. 4978, provides that beneficiaries of the Family Unity Program
may also be granted voluntary departure, this chapter does not fully cover voluntary
departure under the Family Unity Program.
The regulations specify when authorized officers may grant voluntary departure, when an
immigration judge (IJ) or the Board of Immigration Appeals (BIA) may grant voluntary
departure, and when the Service and EOIR can jointly grant voluntary departure (see 8
CFR sections 240.25 and 1240.26), in accordance with the timeline presented below.
Note that the first three time frames relate to pre-hearing voluntary departure under
section 240B(a) of the Act, while the fourth time frame, As part of IJs order, relates to
post-hearing voluntary departure under section 240B(b) of the Act.
Authority for Voluntary Departure
1. From
2. From
3. From 30
5. After
Time
prior to
filing of
days after 4. As
issuance of
Period of arrest up NTA up to
master part of
IJ’s order
Event
calendar up IJ’s
to filing of
30 days
(Extension of
to IJ’s
Authority Notice to after master
order
VD)
Appear
order
calendar
Service

Yes

No

No

No

Yes

IJ or BIA

No

Yes

No

Yes

No

Joint

No

Yes

Yes

No

No

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

Authority

13.2

Determining When to Permit Voluntary Departure.

(a) General. Most aliens present in the United States illegally are eligible for voluntary
departure. (See Chapter 15.1, below, for exceptions).
Those eligible may prefer to seek voluntary departure or "voluntary return" rather than
undergo formal deportation. Both voluntary departure and voluntary return reduce
processing time for INS personnel. At the same time they allow the individuals in
question to avoid the potential penalties attached to formal removal proceedings.
(b) Restrictions. The Illegal Immigration Reform and Immigrant Responsibility Act
(IIRIRA) of 1996, Pub. L. No. 104-208, 110 Stat. 3009 (Sept. 30, 1996) limited eligibility
for voluntary departure. Strict criteria govern the granting of voluntary departure in lieu
of a removal hearing pursuant to section 240 of the Act, as follows:
(1) Statutory prohibitions. An alien in any of the following categories is ineligible for
voluntary departure:
Aggravated felons or terrorists, deportable under sections 237(a)(2)(A)(iii) or
237(a)(4)(B) of the Act, respectively;
Previously granted voluntary departure after having been found inadmissible under
section 212(a)(6)(A) of the Act;
In violation of the terms of voluntary departure granted during the past 10 years;
Overstayed the voluntary departure limit of 120 days allowed before or 60 days after
the conclusion of a removal hearing; and
Classified as arriving aliens.
(2) Likelihood of Departing. Available means of departure (financial and otherwise);
willingness to cooperate; and case-specific factors make it reasonable to assume an alien
will comply with the departure requirements.
(c) Other Factors. Consider the pros and cons in each case before deciding to offer
voluntary departure, such as:
Prior entry without inspection or other immigration violation;
Circumstances of apprehension, such as resisting arrest, or failing to cooperate with
the arresting officers indicating a need for more stringent enforcement action;

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Age, infirmity, or other mitigating factors;
Signs of illegal activity;
Criminal history. Neither an immigration judge nor the Service will grant voluntary
departure without first considering the aliens criminal history. Run a criminal history
check on all cases unless you have one that is current (within the past three months) in
the A file. Tab and date your criminal history checks. Criminal history checks can be run
through Interagency Border Inspection System (IBIS), Treasury Enforcement Computer
System (TECS) or National Crime Information Center (NCIC). See Chapter 4.7 of the
Special Agents Field Manual and Chapter 41.8 of this manual.
Local or national policy or operational considerations requiring a stricter enforcement
policy at a particular location or during a particular time period.
13.3 Pre-Hearing Voluntary Departure.
Prior to initiation of proceedings, INS may grant voluntary departure. The maximum time
allowed for departure is 120 days, without exception. The Service may impose additional
conditions for departure, e.g., requiring the posting of a bond (mandatory minimum
$500); delivery of a passport, confirmed ticket, or similar evidence of intent to depart;
etc. [See 8 CFR 240.25.]
13.4 Voluntary Departure During Proceedings.
(a) Background. IIRIRA and its implementing regulations significantly changed the
length of the departure period and the conditions under which voluntary departure may be
authorized. They also specify by whom and when voluntary departure may be granted.
Prior to April 1, 1997, voluntary departure was often granted for extended periods of
time. IIRIRA makes clear that voluntary departure is intended only as a relatively short
period of time to depart.
(b) Voluntary Departure After Proceedings Have Begun. Voluntary departure includes
two distinct categories: (i) At the commencement of removal proceedings (pursuant to
section 240B(a) of the Act) and (ii) at the conclusion of removal proceedings (pursuant to
240B(b) of the Act). If the Service so stipulates, voluntary departure may also be granted
while proceedings are in progress (see 8 CFR 240.26(b)(2)).
(1) At the commencement of removal proceedings (master calendar), the immigration
judge may grant voluntary departure for a period not to exceed 120 days, provided the
alien:
Makes no additional requests for relief;
Concedes removability;

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Waives appeal of all issues; and
Has not been convicted of an aggravated felony and is not deportable under section
237(a)(4) of the Act.
(2) At the conclusion of proceedings (merits hearing), the immigration judge may grant
voluntary departure for a period not to exceed 60 days, provided the alien:
Had been physically present in the United States for one year before service of the
Notice to Appear;
Has demonstrated good moral character for at least the past 5 years;
Provides evidence of the means to depart and intention of doing so; and
Has not been convicted of an aggravated felony and is not deportable under section
237(a)(4) of the Act.
In addition, for voluntary departure at the conclusion of proceedings, within five business
days of the immigration judges order, the alien must post a voluntary departure bond
(mandatory minimum $500).
Failure to post the voluntary departure bond within five business days automatically
vacates the order of voluntary departure, and the immigration judges voluntary departure
order reverts to an alternate final order of removal. The final order is effective upon
issuance. The officer will then take the actions necessary to effect the aliens removal.
(c) Appeals. If the alien is granted voluntary departure at the conclusion of proceedings
and appeals the decision, in order for the alien to avail himself/herself of the voluntary
departure he/she must post the voluntary departure bond, and if detained, remains in
Service custody until he/she posts the bond (delivery bond) on the merits of the case. The
Service can have two bonds on the same case. If not detained, once the voluntary
departure is granted the delivery bond (bond on the merits of the case) is canceled unless
the alien appeals.
(d) Failure to Depart. If the alien fails to depart as required by the voluntary departure
order, a surrender notice will immediately be sent to the alien. If the alien fails to comply
with the surrender notice, the Case Category in DACS will change from 3 or 8C to 5B or
8E. The alien is at that point a fugitive and the case will be turned over to the Fugitive
Operations Unit. See Chapter 19: Removal Process: National Fugitive Operations
Program (NFOP) for a more detailed explanation of the process.
(e) Extending Deadline for Voluntary Departure. If the alien has been granted less than
the maximum time for voluntary departure (120 days pre- or 60 days post-hearing), the
Service may, upon request, extend the deadline to the maximum 120 or 60 days, but only
if the alien proves a need for more time and provides evidence of intent to depart. The

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Service may make the granting of an extension conditional on the presentation of
documents, the posting of a bond or other conditions to ensure departure. Standard
operating procedure requires that an officer in receipt of an extension request render a
decision as soon as possible, in consideration of the serious consequences to the alien of
failing to adhere to the terms of voluntary departure
Note: The mere filing of a request for extension does not absolve the alien from penalties
that may accrue while the request is pending.
13.5 Pending Pre-IIRIRA Cases.
Pre-IIRIRA rules continue to apply to cases pending before IIRIRAs implementation on
April 1, 1997. However, the officer considering an extension request under the more
generous terms available pre-IIRIRA must heed the IIRIRA legislators intent to limit the
time allowed for voluntary departure. Only extraordinary circumstances can justify
extending the voluntary departure period contrary to the will of Congress. See 8 CFR Part
240, Subpart F.
13.6 Employment Authorization.
A person granted voluntary departure may not apply for or receive work authorization,
and any previous grant of employment authorization may not be extended.
13.7 Penalties for Failure to Adhere to Terms of Voluntary Departure.
Anyone failing to comply with the terms of a grant of voluntary departure will be denied
the privilege of voluntary departure for 10 years and may incur civil penalties (see
Section 240B(d) of the Act). You must understand and impress on each person granted
voluntary departure the consequences of failing to comply with the specified terms,
including:
Formal removal proceedings;
Ineligibility for voluntary departure, whether from the Service or an immigration
judge, during the next 10 years; and
Ineligibility for certain forms of relief, including benefits provided under sections 245
(Adjustment of Status to a Lawful Permanent Resident), 248 (Change of Nonimmigrant
Classification) and 249 (Record of Admission for Permanent Residence in the Case of
Certain Aliens Who Entered the US prior to January 1, 1972) of the Act.
(See Form I-210, Voluntary Departure and Verification of Departure.)
You must also issue the Form I-210 in conjunction with every grant of voluntary
departure, and secure the aliens signature agreeing to its terms. The alien must understand
that in all orders of voluntary departure there is an alternate order of removal if the alien

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fails to depart by the date specified. You must receive an executed Voluntary Departure
and Verification of Departure, Form I-210 within 30 days of the voluntary departure date
specified in the judges order. If you do not receive verification of departure 30 days after
the voluntary departure order date, issue an Order of Removal/Deportation, Form I-205
and Notice to Deportable Alien, Form I-166. See Chapter 19: Removal Process: National
Fugitive Operations Program (NFOP) of this manual on how to proceed when an alien
fails to report to a surrender notice and all attempts to locate the alien have failed.
13.8 Other Considerations When Granting Voluntary Departure.
(a) Advantages. An alien granted voluntary departure avoids the penalties accompanying
an order of deportation or removal. Time spent in the United States pursuant to a grant of
voluntary departure is not considered time where an alien is illegally present.
In explaining voluntary departure to an eligible alien, do not attempt to influence the
aliens decision whether to choose voluntary departure or to appear before an immigration
judge.
(b) Disadvantages. The failure to depart by the scheduled date makes the alien subject to
a civil penalty of up to $5,000. (Regulations and procedures to assess and collect this
penalty are under development.) Furthermore, as noted above, the failure of an alien to
depart pursuant to a grant of voluntary departure renders that individual ineligible for
certain forms of relief.
(c) Bond prior to completion of removal proceedings. When a bond is required as a
condition of voluntary departure the amount must equal or exceed $500. This amount will
cover the associated processing and tracking costs. The amount at risk if the bond is
forfeited may be a deciding factor for certain individuals considering whether to depart
voluntarily, as agreed, or to violate the agreement. With this in mind, the officer should
set bond high enough to provide the alien reasonably likely to depart with further
incentive, but not so high as to make it unattainable.
(d) Bars to re-admission: Unlawful presence. The period of voluntary departure that is
granted does not contribute to the time considered as illegal presence. (See section
212(a)(9)(B)(ii) of the Act.) However, if the alien fails to voluntarily depart as required
by the date specified the order automatically converts to an order of removal and
unlawful presence commences as of that date.
(e) Cancellation of Non-immigrant Visa. All non-immigrant visas will be canceled prior
to granting voluntary departure. Use Form I-275, Withdrawal of Application for
Admission/Consular Notification to cancel the visa in accordance with 22 CFR
41.122(h)(5).
13.9 Voluntary Departure with Safeguards.

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The Service may choose to allow the alien to leave under voluntary departure without
safeguards, voluntary departure with safeguards, or it may place the alien in removal
proceedings. The distinctions between the first two options can be significant.
An alien granted voluntary departure with safeguards must depart immediately, under the
direct observation of the officer.
In general, an alien granted voluntary departure without safeguards is released from
Service custody, remaining at liberty until the required departure date.
If an alien has previously been granted voluntary departure by an immigration judge but
failed to depart as specified, an alternate order of removal will automatically be in effect.
If the alien has not already departed under such alternate order, that alternate order should
be executed. If the alien has departed on his own after the expiration of the voluntary
departure under an order of removal, the outstanding order may be reinstated in
accordance with section 241(a)(5) of the Act if the alien illegally reenters the United
States. [See Chapter 14.8, below, for discussion of reinstatement of a previous removal
order.]
13.10 Voluntary Departure vs. Deferred Action.
In exceptional circumstances, the Service may have reason to defer an individuals
removal proceedings, placing him/her in the deferred action category [see Chapter 20].
Deferred action is not a "right" nor is there any procedure whereby it can be formally
requested.
13.11 Voluntary Departure under the Family Unity Program.
Although as an enforcement officer you will probably not be involved in issuing benefits
under the Family Unity Program (8 CFR 236, Subpart B), you may encounter aliens
covered by the program. Therefore, you must recognize the following differences. The
voluntary departure available through the Family Unity Program:
Is usually granted through an application filed through one of the service centers;
Applies only to the qualifying spouse or unmarried child of a legalized alien (as
defined in 8 CFR 236.11);
Is usually granted in two-year increments;
May be extended repeatedly;
Does not count toward the maximum time limits of 120 days before or during
hearings, or 60 days after hearings, and
Cannot be cancelled under the provisions of section 240B.

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

13.12 Procedures and Forms.
You may use Form I-826, Notice of Rights and Request for Disposition, to voluntary
return an alien in Service custody who is departing immediately and who is not in
proceedings (prior to the filing of the Notice to Appear).
Use Form I-210, Voluntary Departure and Verification of Departure, to document any
decision to permit or extend/not extend voluntary departure. While local processing may
vary, you must interpret and complete the Form I-210 as directed below.
Write your address and telephone number in the top left hand corner.
1st and 2nd blocks: When granting voluntary departure, check the 1st box for a
nonimmigrant in violation of his/her nonimmigrant status; for anyone else, check the 2nd
box.
3rd block: Check the 3rd box to indicate approval or denial of a request to extend the
departure time. Indicate, approved or denied in the blank provided. If granting an
extension, fill in the second blank with the new date, then skip to the last (7th) block. If
denying an extension, fill in the second blank with the originally scheduled departure
date, even if that date has passed.
4th block: Enter departure information as indicated. Attach departure documentation
(copy of passport and ticket or itinerary) to the I-210 for the A file.
After completing the Form I-210 and explaining voluntary departure requirements and
consequences of failure to comply, have the alien sign acknowledgement of conditions
and receipt of form. You, as the serving officer, will also sign the I-210. Attach a picture
of the alien to the form and take a fingerprint of his/her right index finger as indicated on
the form. Give the alien the original and place a copy in the alien's file. Also provide a
copy to the aliens attorney or other authorized representative who has filed a Form G-28,
Notice of Entry of Appearance as Attorney or Representative.
Verification of Departure box: First, ensure the alien presenting the I-210 is the person
named in the form by matching the picture and fingerprint with the person and passport
or other identity documents. After you have verified the above information, execute the
form and return it to the address provided (top left-hand corner of the form).
13.13 Revocation of Voluntary Departure.
An officer authorized to grant voluntary departure may also, in writing, revoke the
privilege (see 8 CFR 240.25(f)). The written revocation must cite the statutory basis for
the revocation. The revocation may not be appealed.
13.14 Reinstatement of Voluntary Departure.

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Pursuant to 8 CFR 1240.26(h), an immigration judge or the BIA may reinstate voluntary
departure in a removal proceeding reopened for some purpose unrelated to voluntary
departure, provided the reopening precedes the original voluntary departure date. In such
cases, the 60- or 120-day limit continues to apply (unless proceedings commenced before
April 1, 1997).
13.15 Voluntary Departure at Government Expense.
The Service may assume the costs of an aliens voluntary removal when it is in the
governments interest (see section 241(e)(3)(C) of the Act), except after a removal hearing
(see 13.4, above). Post-hearing voluntary departure is available only to aliens with the
means to pay their own transportation costs.
13.16 Case (Docket) Management.

(b)(2)High

Chapter 14: Removal Process: Non-Hearing Removal
Cases
14.1

General

14.2

Visa Waiver Pilot Program Violators

14.3

Crewmen

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14.4

Stowaways

14.5

S-Nonimmigrant Visa Holders

14.6

Section 250 Removals

14.7

Administrative Removals

14.8

Reinstatement of a Final Order

14.9

Judicial Order

14.10

Alien Terrorist Removal Procedures

14.11

Expedited Removals

References:
INA: 101(a)(15)(A), 217, 208, 238, 241, 250, 252
Regulations: 8 CFR 217.4, 208.31, 241.8, 250, 252.2
Other: Administrative Removal Proceedings Manual (M-430), Appendix 14-1
Memoranda: Designation of National Security Matters (December 12, 2002), Appendix
11-5, and Guidance Governing the S Nonimmigrant Visa (December 23, 2002),
Appendix 14-5.
14.1 General.
(a) Introduction. There are several categories of aliens who are not entitled to a removal
hearing before an immigration judge, as provided by section 240 of the Act. These aliens
are specifically precluded from such hearings, as well as certain forms of relief only
available in Immigration Court. Once you determine that an alien who is apprehended
falls within one of the classes not entitled to a hearing before an immigration judge, the
removal procedures are simplified. Additionally, removal of an alien under these
procedures carries the same consequences as an order issued in an immigration court. The
specific classes of aliens included in this group, and the procedures to be followed, are
described below.
In addition to those aliens not entitled to a removal hearing, there are many aliens who
waive their right to a formal hearing, electing instead to voluntarily return to their home
country. Such voluntary returns are a form of voluntary departure, not a removal, and are
discussed in Chapter 13.

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(b) Processing Forms. Do not, under any circumstances, issue the following forms in
conjunction with a non-hearing removal case: Notice to Appear, Form I-862, Notice of
Custody Determination, Form I-286 and Notice of Rights and Request for Disposition,
Form I-862. Place Form I-170, Deportation Case Check Sheet, on the right side of the file
to track case progress, in the same manner as a regular hearing case. Some actions on the
I-170 are not required in a non-hearing case. These blocks should be marked "N/A" and
initialed by the officer. Additional forms are discussed in the appropriate subsections for
each type of case.
(c) Asylum or Withholding of Deportation or Removal. If an alien in any of these
categories indicates a fear or persecution or torture, the alien must be referred for a
hearing and decision on the claim. In some cases the alien is referred directly to an
immigration judge through use of the Notice of Referral to Immigration Judge, Form I863. In other cases there is a preliminary review by an asylum officer. The following
chart illustrates the action by an asylum officer or immigration judge in the various
cases.
DECISIONS RELATING TO ASYLUM/WITHHOLDING OF DEPORTATION OR
REMOVAL
Type of Case Alien
Action by Asylum Officer
Action by Immigtration Judge
VWPP (at entry or after)
None
Decision on Asylum or Withholding
Crewman
None
Decision on Asylum or Withholding
Stowaway
Credible Fear Decision
Full Consideration of Asylum or Withholding if Credible Fear Found; Review of
Negative Credible Fear if Requested
"S" Immigrant

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None
Decision on Asylum or Withholding
Reinstatement of Prior Order
Ressonable Fear Decision Relating to Withholding or Deferral Only. *
Full Consideration of Asylum or Withholding if Credible Fear Found; Review of
Negative Decision if Requested
Administrative Deportation under 238(b) INA (See 14.7 of this Chapter for a discussion
of Administrative Deportation
Reasonable Fear Decision Relating to Withholding or Deferral Only. *
Full Consideration of Asylum or Withholding if Credible Fear Found; Review of
Negative Decision if Requested
* Under sections 238(b)(5) and 241(a)(5) of the Act, aliens who meet the criteria to be
placed in these proceedings are statutorily ineligible for discretionary relief. Asylum is
discretionary but withholding or deferral of deportation or removal is mandatory if the
alien meets the criteria. See Chapter 17 of this Manual for further discussion of
withholding of removal.
14.2 Visa Waiver Program.
The Visa Waiver program is discussed in depth in Chapter 15.7 of the Inspector's Field
Manual. Refer to this link to become familiar with the program and procedures.
(a) General. An alien admitted under the Visa Waiver Pilot Program (section 217 of the
Act) who violates status or stays beyond the 90-day admission period is not eligible for a
removal hearing, having 'waived' that right upon signing the Form I-94W. These aliens
may request an asylum hearing, however. If there is no asylum claim or if asylum is
denied, removal may proceed. The order of removal is in the form of a letter from the
district director, advising the alien of the determination concerning the violation and
ordering removal from the U.S.
(b) Procedure. Upon encountering a visa waiver violator case, the deportation officer may
be faced with a variety of unique circumstances. Though evidence of the arrival carrier
may exist in the file, certain factors may cause some carriers to refuse assistance in
completing the removal, depending upon the carrier/transportation line responsible for
the alien's arrival in the US, whether the alien was apprehended at entry and ordered
removed, or whether the alien was admitted (legally or fraudulently) and has remained in
the US for some period of time. Most unique circumstances involve aliens in violation of
the VWPP and apprehended in the interior by Investigations or through the Institutional

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Removal program. Ensure that the case is entered into DACS as case category 10, and
that the decision code is 0.
(1) VWPP Refusals. Arriving aliens refused admission may become part of the detained
docket due to criminal prosecution or asylum screening. Ensure that these matters are
complete and closed and that the file is complete, as outlined in Chapter 15.7(g) of the
Inspector's Field Manual. Generally, such cases are easily processed. In cases of criminal
aliens, post certified copies of the conviction documents to the A-file, annotate the
appropriate criminal violation codes in the CRIM screens of DACS, and follow the
removal procedures discussed in Chapter 16.
(2) VWPP Violators. Enforcement activity may result in the apprehension of a VWPP
violator subsequent to admission. Generally, Investigations prepares the case, including
the Order of Removal and Warrant of Removal. If not already part of the file, the
deportation officer will prepare a notice of intent, to be served on the subject, and an
order and warrant. Examples are included at Appendix 14.2. These cases may present
some unique deportation/removal challenges. As noted previously, ensure that pending
criminal matters and litigation are complete and made a part of the A-file. Make effort to
effect the removal at carrier expense to the country of embarkation. This is accomplished
by preparing and serving upon the carrier Form I-259 (see Chapter 16.7). In many
instances, however, though arrival documentation may exist in service databases, the
liable carrier denies responsibility or liability and refuses to accept the subject for
removal. In such cases, it may be necessary to remove the alien at government expense,
and reimbursement may be sought from the carrier through the financial branch. Also, in
cases of fraudulent identity or criminals, it may not be possible to remove the subject to
the last point of embarkation prior to arrival in the US. The deportation officer may find
it necessary in such cases to determine the true citizenship or nationality of the alien,
pursue obtaining an appropriate travel document, and proceed with the removal at
government expense. Refer to Chapter 16 for more detail regarding travel documents and
the removal process.
14.3 Crewmembers.
(a) General. Crewmembers apprehended for violations of status fall into four categories:
· A crewmember who has remained in the United States beyond 29 days without
extension granted by the Service;
· An overstay crewmember whose vessel or aircraft has departed but who has not been
paid off or discharged in accordance with section 252(a)(2) of the Act;
· A crewmember whose ship is still in port but who has engaged in activities
inconsistent with the terms of the landing permit; or
· A crewmember who has been refused a landing permit or whose landing permit was
revoked, but who left the vessel in violation of section 252(b) of the Act.

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Regardless of the type of violation, such crewmembers are not entitled to any hearing
before an immigration judge, except for the purpose of resolving an asylum claim (see
the Inspector's Field Manual, Chapter 23.18, regarding asylum claims by vessel
crewmembers). Crewmember cases are annotated in DACS as case category 14.
(b) Processing. Absent an asylum claim, a crewmember whose vessel remains in the U.S.
may be issued a Notice of Revocation, Form I-99, and returned to the vessel for removal,
in accordance with procedures described in the Inspector's Field Manual, Chapter 23.10.
If the vessel or aircraft has departed the U.S., an alien crewmember may be ordered
removed by issuing a Notice to Detain, Remove or Present Alien, Form I-259, to the
transportation line or agency representing the transportation line on which the alien
served. In addition, if removal occurs within five years of the crewmember's landing in
the United States, the carrier is liable for the costs of removal. When carrier liability
exists, complete and serve a Notice to Transportation Line Regarding Alien Removal
Expenses, Form I-288. Expenses billable to a carrier may be tracked and recorded on a
Record of Expenses Billable to Transportation Company, Form I-380. When the
transportation company agent directly provides transportation and a GTR is not issued, an
explanation should be included on the I-380, block 13. Upon removal, prepare Form G251, serving the original on the carrier or agent, retaining a copy for the file and sending
the remaining copies to the regional office along with a copy of the I-380.
As with all cases, if not already accomplished, violators will be fingerprinted using Form
FD-249. Unless the final disposition is reflected on the card, an R-84 must also be
completed when removal is verified.
Any assigned alien file number should be entered, in ink, on the inside back cover of the
alien's passport or seaman's book, along with the date and place of violation.
(c) Crewmembers Arriving Prior to April 1, 1997. An exception to the preceding
discussion exists for crewmembers who landed prior to April 1, 1997. Such crewmember
who is apprehended in violation of status and whose vessel has departed must be placed
into removal proceedings under section 240 of the Act unless he or she is willing to
depart voluntarily. Procedures for assessing carrier liability remain the same. (Refer to 8
CFR 252.2.)
(d) Joining a Vessel for Deportation or Removal. Whenever an alien crewmember is
being moved to another port to join a vessel for removal, a memorandum should be
attached to the transfer sheet, Form I-216, providing the name and address of the shipping
company, the name of the agent with whom arrangements were made, and the office and
home telephone numbers of the agent. This can avoid complications if the ship's captain
has not been advised in advance of the deportation or removal plans.
(e) Non-willful Violators. See procedures described in the Inspector's Field Manual,
Chapter 23.13. Control should be maintained to ensure the vessel's departure.
Statistically, do not count such cases as voluntary departure grants under docket control.

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Report such cases only on the G-23.18, as deportable aliens located and granted
voluntary departure.
(f) Special Cases-Deserters from Greek and Spanish Ships of War. Spain and Greece are
the only foreign governments with whom treaties are still in effect concerning deserters
from ships of war in United States ports (Article XXIV of the 1903 Treaty with Spain;
Article XIII of the Convention between the United States and Greece). Although these
cases will be rare, procedures for dealing with deserters from Spanish or Greek ships of
war can be found at 8 CFR 252.5. See Appendix 14-3 of this manual for samples of
notification of charges and findings.
(g) Carrier Fines. In cases where a carrier fails or refuses to take custody of and remove
an alien crewman subsequent to the issuance of Form I-259, the deportation officer
should recommend the imposition of an administrative fine, through the National Fines
Office. Whether the I-259 was issued by Inspections (and the crewman absconded) or the
crewman was encountered in an illegal status prior to the issuance of an I-259 is
immaterial. Refer to the Inspectors Field Manual, Chapter 43, for detailed information
regarding the fines process.
14.4 Stowaways.
A stowaway, whether or not landed, is not entitled to a removal hearing. Unless such case
involves an asylum claim, the alien may be ordered removed by serving Forms I-259 and
I-288 on the affected carrier. See 8 CFR 235.1(d)(4) and 8 CFR 241.11. Serve the alien
with Form I-296, checking the second block (10 year bar). Processing asylum claims by
stowaways is discussed further in the
(b)(2)High
Stowaways are annotated in DACS as
Occasionally, you may encounter an alien who claims to be a stowaway, but cannot or
will not provide information concerning the name of the vessel of arrival. Prior to April
1, 1997, such aliens could be handled in the same way as any other EWI (entry without
inspection) case and placed into removal proceedings. IIRIRA, however, directs that
stowaways, regardless of when encountered, are to be removed without a hearing. Such
aliens may be removed by an order signed by the district director (letterhead) citing
section 235(a)(2) of the Act as the authority for the action. Serve the alien with Form I296, checking the second block (10 year bar). For additional information on stowaways
see the Inspector's Field Manual, Chapter 23.8.
14.5 Nonimmigrant S-Visa Holders.
In order to receive this nonimmigrant classification, an alien must waive the right to a
removal hearing
cases
(b)(2)High
are annotated in
if the
subject is in violation of status (as in having been convicted of a crime since gaining
entry under an S sa). The subject is ordered removed by the District Director and the
decision Code (b)(2)High
is The case is closed using Dep Cleared Stat code 6. The removal order

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ICE.000061.09-684

is prepared in memorandum form, similar to that used in Visa Waiver (VWPP) cases, and
an example set of forms is located in Appendix 14-4.
If you encounter the case of a detained alien for whom an S-visa is being pursued by the
Service or another law enforcement agency, understand that no such alien may be
removed while such a request is pending. That is to say, the removal is deferred, until a
decision is rendered by headquarters. The subject, though, may remain in custody. Refer
to the memorandum Guidance Governing the S Nonimmigrant Visa, dated December 23,
2002, Appendix 14-5, for an in-depth examination of this subject. For additional details
regarding this subject, refer to the Special Agent's Field Manual Chapter 41.4, and the
Inspector's Field Manual Chapter 15.4(s).
14.6 Section 250 Removals.
(a) General. Section 250 of the Act provides for the removal of an alien who is in distress
or receiving public assistance and who desires to be removed from the United States.
Such an alien may be returned to his native country, the country from which he came, the
country of which he is a citizen or subject, or to any other country to which he wishes to
go and which will receive him. Removal in such cases may be at government expense. In
some instances, the alien's own consulate, if contacted, will arrange for removal. If the
removal is at the expense of the United States Government, removal under section 250 of
the Act is similar to actual deportation in that an alien so removed requires permission to
reapply before he or she may be granted a visa or readmission to the United States.
(b) Application. In accordance with 8 CFR 250, an alien requesting removal under
section 250 of the Act must file Form I-243, Application for Removal, with the district
director. The alien shall be required to obtain a travel document if necessary to effect his
removal, but if he is unable to defray the costs, they may be paid from the appropriated
funds. If an applicant is suffering from any mental disability, the examining officer shall
determine whether the applicant sufficiently understands the proceedings to express a
desire to be removed.
(c) Decision. If the district director denies an application, there is no appeal of the
decision. If the district director approves the application, Form I-202, Authorization for
Removal, will be issued. When the applicant is an alien spouse, or parent, of a United
States citizen who intends to accompany the applicant and is unable to pay the
transportation costs, such costs may be assumed at Government expense as necessary to
accomplish the removal of the applicant.
(d) Removal. If practical, removal cases may be joined to a deportation party. Care and
maintenance is not provided until the applicant is actually joined to a deportation party or
otherwise sent forward. When removal to Canada is authorized, consent for return to that
country is obtained as in the case of a Canadian deportee, and a copy of Form I-243
furnished.

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(e) Closing Actions. When the applicant has been removed, Form I-202 is endorsed by
the departure port and returned to the authorizing district office. Any passport or other
travel document in the possession of an alien being removed is endorsed as follows;
"Rem 3/29/03 NYC sec. 250 A12 123 901". If there is a nonimmigrant visa, the
endorsement is placed on the page containing the visa. The case is closed in DACS as X.
14.7 Administrative Removals.
(a) General. Administrative removal of criminal aliens, i.e., removal without formal
hearing before an immigration judge, is provided by section 238(b) of the Act in the case
of certain aliens. The policies and procedures for such administrative removals are
discussed in detail in the Administrative Removal Handbook M-430, Appendix 14-1.
14.8 Reinstatement of Final Orders.
(a) Applicability. Section 241(a)(5) of the Act provides that the Attorney General will
reinstate (without referral to an immigration court) a final order against an alien who
illegally reenters the United States after being deported, excluded, or removed from the
United States under a final order, or who departed voluntarily while under a final order of
deportation, exclusion, or removal ("self deports"), regardless of the date that the
previous order was entered. Thus, an alien who was deported five years ago, but who
illegally reenters the United States today, is subject to reinstatement of the final order.
Generally, this provision is not limited to orders of removal entered after the enactment
of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, within
which this provision was created, (the 9th and 6th Circuit Courts of Appeal have ruled
that the underlying illegal reentry must have occurred after April 1, 1997 in order for this
provision of law to apply).
Reinstatement is not applicable, however, to an alien who was granted voluntary
departure by an immigration judge and left the United States in compliance with the
terms of that grant. In such instances, the alien was not subject to a final order of
deportation or removal.
Reinstatement does not preclude criminal prosecution in accordance with local
procedures and guidelines. However, in order to properly preserve a case for criminal
prosecution, the processing officer must advise an alien of his or her Miranda Rights
pursuant to Miranda v. State of Arizona, 384 U.S. 436 (1966) prior to taking the alien's
sworn statement.
Much like expedited removal under Section 235(b)(1) of the Act, reinstatement of a final
order is a significant expansion in authority for immigration officers to remove aliens
from the United States without referral to an immigration judge. It is particularly
important in this context to ensure that officers follow all applicable procedures which
ensure that aliens understand the reinstatement process, and that officers carefully
evaluate all available evidence before determining that an alien was previously removed
and illegally reentered the United States.

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(b) Procedure. Refer additionally to 8 CFR 241.8.
(1) Required Elements. Before reinstating a prior order, the officer processing the case
must determine:
(A) That the alien believed to have reentered illegally was previously excluded, deported,
or removed from the United States. Included in this class of aliens are those who
voluntarily departed the United States while subject to a final order of exclusion,
deportation, or removal ("self deports"). An alien who complied with the terms of a
voluntary departure order is not subject to reinstatement. If, however, the alien stayed
beyond the period authorized for voluntary departure, or left of his or her own volition
while a final order was outstanding (i.e., the alien "self-deported"), the alien is subject to
reinstatement.
The officer must obtain the alien's A-file or copies of the documents contained therein to
verify that the alien was subject to a final order and that the previous order was executed.
In uncontested cases, suitable database printouts to document these facts will suffice.
(B) That the alien believed to have reentered illegally is the same alien as the one
previously removed. If, during questioning, the alien admits to having been previously
excluded, deported or removed, or to having self-deported by leaving after the expiration
of a voluntary departure period with an alternate order, the Form I-213 and the sworn
statement must so indicate. If a record check or fingerprint hit reveals such prior adverse
action, that information must be included in the A-file. The alien should be questioned
and confronted with any relevant adverse information from the A-file, record check or
fingerprint hit, and such information must be included in the I-213 and sworn statement,
if applicable.
If the alien disputes the fact that he or she was previously removed, a comparison of the
alien's fingerprints with those in the A-file documenting the previous removal must be
completed to document positively the alien's identity. The fingerprint comparison must
be completed by a locally available expert, or by the Forensic Document Laboratory via
Photophone. In the absence of fingerprints in a disputed case, the alien shall not be
removed pursuant to this paragraph.
(C) That the alien did in fact illegally reenter the United States. In making this
determination, the officer shall consider all relevant evidence, including statements made
by the alien and any evidence in the alien's possession. The officer shall attempt to verify
an alien's claim, if any, that he or she was lawfully admitted, which shall include a check
of service data systems available to the officer.
If the alien has a former order of deportation or removal that the officer finds should be
reinstated, but is in possession of an apparently valid visa permitting him or her to enter
the United States, the officer should determine whether the alien applied for and was
granted permission to reenter the United States from the Attorney General. If the alien

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did not apply for and receive permission to reenter, he or she did illegally reenter the
United States despite having the allegedly valid visa and is subject to reinstatement.
In any case in which the officer is not able to satisfactorily establish the preceding facts,
the previous order cannot be reinstated, and the alien must be processed for removal
through other applicable procedures, such as administrative removal under section 238 of
the Act, or removal proceedings before an immigration judge under section 240 of the
Act.
(2) Record of Sworn Statement. In all cases in which an order may be reinstated, the
officer must create a record of sworn statement. The record of sworn statement will
document admissions, if any, relevant to determining whether the alien is subject to
reinstatement, and whether the alien expressed a fear of persecution or torture if returned
on the reinstated order. The basic Record of Sworn Statement is recorded using Form I877.
In addition to addressing routine informational elements (identity, alienage, and the
required elements listed in paragraph (b)(1) above), the sworn statement must include the
following question and the alien's response thereto: "Do you have any fear of persecution
or torture should you be removed from the United States?"
If the alien refuses to provide a sworn statement, the record should so indicate. An alien's
refusal to execute a sworn statement does not preclude reinstatement of a prior order,
provided that the record establishes that all of the required elements discussed in
paragraph (b)(1) have been satisfied. If the alien refuses to give a sworn statement, the
officer must record whatever information the alien orally provided that relates to
reinstatement of the order or to any claim of possible persecution.
(3) Form I-871 and Notification to the Alien. Once the processing officer is satisfied that
the alien has been clearly identified and is subject to the reinstatement provision (and the
sworn statement has been taken), the officer prepares Form I-871, Notice of Intent/
Decision to Reinstate Prior Order. The I-871 must be typed and the officer's printed name
shall be legible. The processing officer completes and signs the top portion of the form,
provides a copy to the alien and retains a copy for the file. The officer must read, or have
read, the notice to the alien in a language the alien understands. The officer will ask the
alien if he or she has any evidence to present to rebut the determination that the alien
illegally reentered the United States after deportation or removal. The alien has the right
to review the evidence that the officer intends to rely on in making the final
determination. The alien signs the second box of the file copy and indicates whether he or
she intends to rebut the officer's determination. In the event that the alien declines to sign
the form, the officer shall note the block that a copy of the form was provided, but that
the alien declined to acknowledge receipt or provide any response. If the alien provides a
response, the officer shall review the information provided and promptly determine
whether reevaluation of the decision or further investigation is warranted. If not, or if no
additional information is provided, the officer shall proceed with reinstatement based on
the information already available.

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(4) Reinstatement of a Final Order. If, after considering the alien's response, the
processing officer determines that the alien's prior order should be reinstated, the officer
shall create the Record of Proceedings (ROP) for presentation to the deciding official.
The ROP shall contain the following:
·

Form I-871,

·

the prior final order and executed warrant of removal (Form I-205 or I-296),

·

Warning to Alien Ordered Removed or Deported (Form I-294),

· the sworn statement or the alien's declination to provide such statement, or officer's
attestation of the alien's refusal,
·

any evidence provided by the alien,

· any additional documentation that rebuts the alien's assertion that reinstatement was
improper,
·

fingerprint match, if required, and

·

Record of Deportable Alien (Form I- 213).

The officer presents the Form I-871 and all relevant evidence to a deciding officer for
review and signature at the bottom of the form. A deciding officer is any officer
authorized to issue a Notice to Appear, as listed in 8 CFR 239.1.
After the deciding officer signs the Form I-871 reinstating the prior order, the officer
issues a new Warrant of Removal, Form I-205, in accordance with 8 CFR 241.2 . The
officer indicates on the I-205, in the section reserved for provisions of law, that removal
is pursuant to section 241(a)(5) of the Act, as amended by IIRIRA.
(c) Aliens Expressing a Fear of Persecution or Torture. If the alien expresses a fear of
persecution or torture, the alien must be referred to an asylum officer, who determines
whether the alien has a reasonable fear of persecution or torture. The fact that an alien
will be referred to an asylum officer does not preclude the completion of the
reinstatement order. If the alien is subject to reinstatement of the prior order, the
reinstatement processing should be finished before forwarding the case to an asylum
officer. In referring the alien to the asylum officer, the processing officer provides the
alien with Form I-589 and the appropriate list of providers of free legal services. If the
asylum officer determines that the alien has a reasonable fear, the asylum officer will
refer the case to an immigration judge for a determination only of withholding of removal
under section 241(b)(3) of the Act or Article 3 of the Convention Against Torture and
Other Cruel, Inhuman, or Degrading Treatment of Punishment (the Torture Convention),
or for deferral of removal. Either party may appeal the decision of the immigration judge
to the Board of Immigration Appeals.

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If the asylum officer finds that the alien does not have a reasonable fear, the alien will
have an opportunity for an expeditious review by an immigration judge of such negative
finding. If the immigration judge upholds the asylum officer's decision, the alien may be
removed without further review. If the immigration judge reverses the asylum officer's
decision, the immigration judge will make a determination only to withholding or
deferral of removal. Either party may appeal this decision of the immigration judge to the
Board of Immigration Appeals.
Withholding and deferral of removal are country specific. In some cases, application may
be made for removal to an alternate country, based upon the request of the alien or
pursuant to arrangements made by the Service. Form I-241 is used in these
circumstances. In such cases, the reinstated order may be executed if the alien is accepted
by, and is being removed to, such alternate country.
(d) Criminal Prosecution. Whenever possible, reinstatement processing should be
completed before referring an alien for criminal prosecution. Aliens whose reinstatement
processing is completed prior to criminal prosecution will be removed more quickly after
any criminal sentence is served. Upon remanding the subject to the custody of another
law enforcement agency, the officer must lodge a detainer, Form I-247, and note on the
form that a final order has been entered. Officers must be aware that, once the Order of
Removal is final, the detention of the alien is permissible only to the extent described as
the Removal Period in section 241(a)(6) of the Act, for the purpose of executing the
Warrant of Removal. For terrorist cases, see Chapter 14.10.
(e) Execution of Reinstated Final Order. At the time of removal, the officer executing the
reinstated final order must photograph the alien and obtain a classifiable rolled print of
the alien's right index finger on Form I-205. If a classifiable print of the right index finger
cannot be obtained, a print of another finger may be used (annotation of such must be
made as appropriate). The alien and the officer taking the print must sign in the spaces
provided.
Once the final order has been executed, it is attached to a copy of the set of previously
executed documents establishing the prior departure, exclusion, deportation, or removal.
The officer executing the reinstated order must also serve the alien with a notice of
penalties on Form I-294. The penalty period commences on the date the reinstated order
is executed. Since the instant removal may be the alien's second (or subsequent) removal,
the alien is subject to the 20-year bar; unless the alien is also an aggravated felon, in
which case the lifetime bar applies. (Note that the alien being removed need not have
been found deportable as an aggravated felon for the lifetime bar to apply, only to have
been convicted of an aggravated felony.) The officer routes Form I-205 and a copy of
Form I-294 to the A-file. A comparison of the photographs and fingerprints between the
original I-205 and the second I-205 executed at the time of reinstatement may prove
essential in the event the reinstatement order is questioned at a later date.
(f) Case Tracking Using the Deportable Alien Control System (DACS). As with all
removal cases, the progress and completion of these cases must be documented

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electronically by use of DACS. The basic instructions for entering, managing and closing
cases in DACS, contained in the latest version of the DACS Manual, are valid, except for
certain additional or revised codes. Use the final charge from the order that is being
reinst
on the alien as the initia nd final charge codes. Place these cases in CASE
CAT(b)(2)Highuse DECISION CODE(b)(2)High
to indicate that the previous final order has been
reinst
and, once they are removed again, close the case using DEPART-CLEARED(b)(2)High
STAT=
(if the
er being reinstated was an order of deportation or removal based on
(b)(2)High
deporta ity) or
if the order being reinstated was an order of exclusion or removal
based on inadmi bility).
(g) Authority. Aliens taken into custody pursuant to this section are detained as
warrantless arrests in accordance with section 287.2 of the INA. No Warrant of Arrest
(Form I-200) is required. Form I-200 is completed for detention pursuant to INA 236,
rather than detention pursuant to INA 241. The previously executed Warrant of Removal,
Form I-205, serves as authority to detain such aliens.
14.9 Judicial Orders.
(a) General. Pursuant to section 238(c) of the Act, certain aliens may become subject to
removal pursuant to a judicial order issued by a judge of a United States district court. Of
note, it is relatively rare to encounter a case that involves such a judicial order. Several
offices of the United States Attorney prefer not to seek such judicial orders, and instead
prefer to rely upon the agency to utilize administrative forms of removal, such as
reinstatement (for previously removed subjects) and administrative removal of
aggravated felons.
(b) Authority. Authority for judicial orders is outlined in section 238(c)(1) of the Act.
(c) Procedure. The procedure for obtaining such judicial order is outlined in section
238(c)(2) of the Act. Of note, it is incumbent upon the appropriate United States Attorney
of the particular district to initiate such action, with the concurrence of the
Commissione
gard to the Deportable Alien Control System (DACS), the case
(b)(2)High
category code
for a judicial order is 12. Officers must determine whether the
alien is present in the United States or arriving, and utilize the appropriate case category
codes. However, with the submenu of decision codes (DEC), the appropriate decision
code for such an order is 2.
(d) Notice. In accordance with section 238(c)(3)(B), the Commissioner will provide
written notice to the alien of the order of removal, and will designate the alien's country
of choice for removal, and/or any alternate country, pursuant to section 241(b). The
determination of country of removal may or may not be contained in the judicial order. If
it is not explicitly stated in the order, the officer must make a determination. Based upon
a review of the file, interviews with the alien, and other pertinent information (such as
likelihood of removal, alien's ties to another country), the officer will make the effort to
effect removal to the desired country. There are some cases, usually special interest cases,

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ICE.000068.09-684

wherein the alien will be removed to a country other than that of the alien's birth. The
notice is accomplished by completing and serving Form I-294.
(e) Execution of Removal Order. Further processing and removal arrangements are
conducted in the same manner as applies to Orders of Removal pursuant to proceedings
conducted under relevant sections of the Act. For details regarding the removal process,
refer to Chapters 15 and 16. In the case of aliens present in the United States, prepare and
serve Forms I-205 and I-294. In the case of arriving aliens, Form I-296 should be used as
appropriate. All documentation of the judicial proceedings, order, any appeals taken and
decided, and government documents relating to the execution of the removal order must
be made a part of the alien's A-file.
(f) Denial of Judicial Order. In any case in which a judicial order of removal was sought
by the particular United States Attorney and subsequently denied, the authority and
discretion of the Attorney General to institute removal proceedings pursuant to section
240 of the Act is not precluded, and proceedings may be initiated and pursued upon the
same ground of deportability or removal or upon any other applicable ground of
inadmissibility, deportability or removability provided under section 212(a) or section
237(a).
14.10 Alien Terrorist Removal Procedures.
(a) General. The threat posed to the United States of America by terrorists has become
increasingly apparent. Though grounds of removal have existed previously, as outlined in
section 212 (a)(3)(B) and section 237 (a)(4)(B), emerging threats have resulted in the
ongoing and continuing development of policies and procedures regarding the
apprehension, detention and removal of alien terrorists. These necessitate that officers
engaged in such cases make every effort to be apprised of and adhere to the most recent
applicable policies and guidance. Cases involving known or suspected terrorists may also
be referred to as 'special interest cases'. Additional information is available in the Special
Agent' Field Manual Chapter 26 and Title V of the INA.
Some of these cases, due to national security concerns, may result in removal processing
in accordance with Title V, sections 501 through 507 of the Act, referred to as Alien
Terrorist Removal Procedures. Detailed definitions and procedures are outlined in those
sections.
This subparagraph relates only to actions undertaken in the venue of the Alien Terrorist
Removal Court of the United States. For cases outside of this scope, refer to Chapter
11.11 of this manual.
(b) Designation. Pursuant to the policy memorandum from Johnny N. Williams entitled
Designation of National Security Matters dated December 12, 2002, Appendix 11-5, most
cases will be readily identified upon coming to the attention of the Detention and
Removal branch and the Deportation Officer. In the event that the officer encounters a
case that appears to bear no obvious reference or annotation, the officer will take steps

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outlined in the aforementioned memorandum to ensure that appropriate notices are made
and that the case is appropriately designated. Of particular note is the requirement for the
close coordination and inclusion of the Investigations branch, through the local Joint
Anti-Terrorist Task Force (JTTF) representative. Non-Investigation elements may not
independently initiate or conduct national security investigations or operations, without
coordinating activity with their Investigations counterparts. Consultation and scrutiny
may trigger special handling, custody considerations and other arrangements.
For cases not involving the Alien Terrorist Removal Court, refer to Chapter 11.11 Special
Interest Cases. An example might include the detention and removal of a particular alien,
shown or suspected by intelligence entities to have ties to terrorist activity, but being
removed as an 'overstay' or status violator.
(b) Docket Control. Deportable Alien Control System (DACS). The case category for
alien terrorist cases processed in accordance with INA Title V is 15. The decision code
for a removal ordered by the Removal Court is 2. Officers must exercise discretion in
providing case comments, so as to ensure that sufficient information is maintained in the
electronic database, being careful no to include information that may exceed the system
classification.
(c) Detention. Notwithstanding the provisions of section 241 regarding the detention of
aliens, Subtitle B, Section 412 of the Patriot Act requires mandatory detention of terrorist
aliens until they are removed, or until removal proceedings are terminated, if certain
criteria are met and certifications made. Refer to sections 506 and 507 of the Act. Details
regarding the apprehension, detention, and removal of aliens, generally, are outlined in 8
CFR Part 236 and 8 CFR 241.14.
(d) Inquiries. Any inquiries regarding terrorist or special interest cases should be
generally received through official channels. Inquiries received outside of such channels
are likely inappropriate, should not be entertained by the Deportation Officer, and should
be immediately reported to the supervisor, for further reporting and action.
(e) Removal. Removal of terrorist and special interest cases is conducted in accordance
with the instructions outlined in Chapter 15 and Chapter 16 of this manual. Pay particular
attention to notification and escort procedures. The removal of such cases is likely to
occur outside of the context of removals arranged and executed at the field office level,
involving multiple agencies and several layers of leadership up to the headquarters level.

14.11 Expedited Removal.
Refer to the Inspector's Field Manual, Chapter 17.15, for a discussion of the expedited
removal process. While expedited removal is generally accomplished by Inspections, due
to some delays, credible fear determinations, or travel document issues, there may arise
some instances where the case becomes docketed with Detention and Removal. Further
removal processing details are contained in Chapter 16 of this manual. Expedited

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removal cases are annotated in DACS as either 8F (Expedited Removal), 8G (Credible
Fear Referral), 8H (Status Claim Referral), or 8I (Absconder).

Chapter 15 Removal Process: Final Orders
15.1

Detention after a Removal Hearing

15.2

Warrants of Removal

15.3 Execution of Warrant, Warning of Penalties for Reentry and Departure
Verification
15.4

Surrender Regulation and Conditions [Reserved]

15.5

Case Closing Actions

References:
INA: 236, 240B, 241, 243, 274D
Regulations: 8 CFR Part 236, 1240.26, Part 241
Other: Travel Document Handbook, Appendix 16-1 and a Memorandum from General
Counsel, Detention and Release of Aliens with Final Orders of Removal, Dated March
16, 2000, located in Appendix 15-1,
15.1 Detention after a Removal Hearing.
(a) Detention During the 90-Day Removal Period. Pursuant to INA 241(a)(2), an alien is
generally detained during the removal period which is defined at INA 241(a)(1)(B). Once
an order against any alien becomes final as described in 8 CFR 241.1, he or she should
generally be taken into custody for removal. The Office of the General Counsel and the
Office of Immigration Litigation (see Detention and Release of Aliens with Final Orders
of Removal, Memorandum Dated March 16, 2000, Appendix 15-1) have determined that
detention under INA 241(a)(2) is mandatory only for criminals and terrorists during the
removal period.
If the alien was previously released on an Order of Release on Recognizance, Form I220A, cancel the order by completing the bottom section of the form. If the alien was
released on bond, cancel the bond if the obligor complied with the conditions of the bond
or breach it if the obligor did not comply. Under no circumstances during the removal
period shall the Attorney General release an alien who has been found inadmissible under
section 212 (a)(2) or 212(a)(3)(B) or deportable under section 237(a)(2) or 237(a)(4)(B).
See INA 241(a)(2).

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In general, the removal period is 90 days. The period does not run, however, during any
time in which a removal order is judicially reviewed and a court orders a stay. See INA
241(a)(1)(B)(ii). The removal period is extended if the alien fails or refuses to make
timely application in good faith for travel or other documents necessary to the aliens
departure or conspires or acts to prevent the aliens removal subject to an order of
removal. See INA 241(a)(1)(C).
(b) Detention Beyond the 90-day Removal Period. An alien ordered removed who is
inadmissible under section 212, removable under section 237(a)(1)(C), 237(a)(2), or
237(a)(4) or who has been determined by the Attorney General to be a risk to the
community or unlikely to comply with the order of removal, may be detained beyond the
removal period and, if released, shall be subject to the terms of supervision. See INA
241(a)(6), 8 CFR 241.4.
A non-criminal alien or an alien that is not removable under the sections mentioned
above may be released for humanitarian reasons on an Order of Supervision. For
guidance regarding the release of an alien on an Order of Recognizance prior to a final
order, please refer to Chapter 11.
(c) Release on Order of Supervision after the 90-Day Removal Period. When the removal
period has expired and a warrant of removal is outstanding, evaluate the case and
consider the possibility of release on an order of supervision. All detained cases must be
reviewed during the 90-day removal period to determine whether to release or detain the
alien. For those whose repatriation is not practicable or immediate, such review must be
conducted prior to the expiration of the 90-day removal period. The initial custody
determination and any further custody determination concluded in the three month period
immediately following the expiration of the 90-day removal period, will be made by the
district director or the Director of the Detention and Removal Field Office having
jurisdiction over the alien. See 8 CFR 241.4(c)(1). For any alien the district director or
Director of the Detention and Removal Field Office refers for further review after the
removal period, or any alien who has not been released or removed by the expiration of
the three-month period after the review, all further custody determinations will be made
by the Headquarters Post-Order Detention Unit (HQCDU). See 8 CFR 241.4(c)(2).
If the alien demonstrates to the satisfaction of an officer authorized by 8 CFR 241.5, that
he or she:
Is not a threat to property or persons; and
Is likely to comply with the order of removal,
Serve an Order of Supervision, Form I-220B and addendum. The criteria for release for a
post-order detention case can be found in 8 CFR 241.4. Information regarding post-order
detention cases can also be found in Chapter 17.

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When completing the I-220B, it is imperative that you provide the complete and correct
name for the alien including all known names and correct A-file number. Indicate all of
the conditions that pertain to the alien for release, including those listed on the addendum.
In some cases, not all of the conditions will be practical or feasible.
One condition of the release is that the alien is to report to the Service on a regular
schedule, the Deportation Officer shall make the Deportable Alien Control System
(DACS) "Case Call-up" date coincide with the reporting date on the Form I-220B. This
will serve as a compliance reminder to the officer of the alien's duty to report as ordered.
Compliance with the reporting requirements of the Order must be noted on the
continuation page/addendum of Form I-220B and in the "Case Comments" section of
DACS each time the alien reports.
If at any time it is determined that the alien has failed to report as required or violated any
other condition set, the district must take appropriate corrective action, which may
include detention. If the alien has failed to appear, the case should be immediately
referred to the Fugitive Operations team, if one exists within that jurisdiction. The
Fugitive Operations Team shall prioritize the case based on the National Fugitive
Operations policy (Chapter 19 of this manual) unless otherwise directed by the District
Director. In the absence of a Fugitive Operations team, the District Director should utilize
available resources within the district's enforcement divisions to locate the alien
consistent with pertinent local and national priorities.
In addition, the District Director shall refer the case to the Law Enforcement Support
Center (LESC) for immediate entry into NCIC. The LESC shall give the case priority
consideration. In cases in which the alien has been located and detained, the District
Director should re-determine conditions, if any, under which the alien will be released,
including the setting of an appropriate bond.
Explain the conditions of release to the alien and ensure the alien acknowledges these
conditions. The conditions may include the posting of bond to ensure that he or she
reports as required as required under section 8 CFR 241.5(a).
Prior to releasing the alien, ensure that all of the items contained in the Out processing
Checklist are completed. Copies of requested documentation should be forwarded to the
Headquarter Post-Order Detention Unit for inclusion into their work files. An alien under
an Order of Supervision may apply for employment authorization pursuant to the criteria
set forth in 8 CFR 274a.12(c)(18), or may be granted employment authorization pursuant
to 8 CFR 241.5(c).
Every released alien who is removable due to criminal or terrorist grounds is required to
report at least once a month. Reporting will commence weekly, then monthly if no
problems are encountered. In no circumstances, shall reporting be less than quarterly.
Each time an alien reports, he or she must be questioned concerning compliance with the
terms of his supervision. Evaluate each case at least once annually to determine if the
alien is eligible for administrative relief or if deportation could or should be effected.

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If evidence of a willful violation of the conditions of supervision is obtained from the
statement or from a subsequent investigation, then present the case for prosecution in
accordance with section 243(b) of the Act.
15.2 Warrants of Removal.
(a) Issuance. A Warrant of Removal on Form I-205 (Rev. 4/1/97) must be issued
immediately when a final order of deportation or removal, as defined in 8 CFR 241.1,
becomes effective. Although authority to issue a warrant of removal may be delegated
within the office to subordinate officers, the warrant is always signed in the name of the
district director, see 8 CFR 241.2. Responsibility for the costs of removal will be
established based on section 241 of the Act and noted on Form I-205. On the warrant, cite
the section of law under which the alien has been ordered removed and check the
appropriate block to indicate the source of the order. Once a warrant is issued, it remains
valid until executed or canceled.
(b) Cancellation of Warrant. There are a number of situations in which a warrant of
removal may be canceled. When this action is taken, endorse Form I-205 CANCELED
and prepare a memorandum to the file explaining the action taken and reasons for
cancellation. Also include in the file any available documentation to support the
determination. Reasons for cancellation may include:
(1) Reinstatement of Voluntary Departure. Authority to extend the time within which to
depart is within the sole discretion of the district director. See 8 CFR 240.26(f).
Voluntary departure may be reinstated in reopened removal proceedings only if the
purpose of reopening was other than for voluntary departure. See 8 CFR 240.26(f). The
total time for voluntary departure, including any extension, cannot exceed the authorized
periods of 60 and 120 days as prescribed in INA 240B. Nunc pro tunc reinstatement of
voluntary departure is not authorized in the case of any alien subject to removal
proceedings, or deportation proceedings in which the warnings for failure to appear were
given.
(2) Motion to Reopen. If a motion to reopen or reconsider is granted vacating the final
order of removal and the Government does not appeal the ruling.
(3) Enactment of Legislation. Legislation which will void the final order of removal may
be enacted by Congress and signed by the President, e.g.,
A private bill introduced on behalf of an individual or group may grant resident status
or citizenship to an alien or aliens who have been ordered removed.
Public laws amending the Act which render the final order of removal moot. For
example, the comprehensive Immigration Reform and Control Act of 1986 (IRCA),
Public Law 99-603, amended the INA to grant legalization of status to aliens who met
certain criteria without regard to the fact that a warrant of deportation had been issued.

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(4) Court Action. A court ruling voids the final order of removal. For example, a finding
by a United States District Court that an individual who has been ordered removed is, in
fact, a United States Citizen.
(c) Placing Warrants of Removal in the National Crime Information Center (NCIC)
Lookout System. All information regarding this can be found in Appendix 19.2,
Absconder Apprehension Initiative Standard Operating Procedures.
15.3 Execution of Warrant, Warning of Penalties for Reentry, and Departure
Verification.
(a) Warning of Penalties for Entry, Attempted Entry, or Being Found in the United States
after Being Deported or Removed. Prior to execution of the warrant of removal, an alien
being removed must be notified of the administrative sanctions and criminal penalties
involved if the alien enters, attempts to enter or is found in the United States without
having obtained permission to reapply for admission. The immigration officer preparing
the warning on Form I-294 must check the appropriate series of boxes that apply in the
alien's particular case. The alien must be served with a copy of the warning and a copy is
retained for the A file.
(b) Execution. At the time of the alien's physical removal, the officer effecting the
removal must complete the reverse side of Form I-205. The officer must fill in the
information relating to the alien and obtain a classifiable rolled print of the alien's right
index finger on the reverse of the warrant. If a classifiable print of the right index finger
cannot be obtained, a print of another finger may be used and must be identified. The
alien and the officer taking the print must sign in the spaces provided. This block may be
completed by either an agency employee or contract guard, whoever is responsible for
escorting the alien out of the United States.
15.4 Surrender Regulation and Conditions. [Reserved]
15.5 Case Closing Actions.
(a) Lookout Notices. Once the warrant of removal has been executed, the case must be
closed in the Deporta
ACS Users
(b)(2)High
Manual for the proper
(b)(2)High, (b)(7)e
between DACS and the
(b)(2)High

(b) Entry of Case into the Deported Felon File (DFF). [Reserved]
(c) Notification of Final Disposition. Report the final disposition of each case to the
Identification Division, FBI. If the final disposition is not available when the fingerprint
card is originally submitted, prepare and forward FBI Form R-84 once the case is closed.
A notification must be prepared after receipt of verification of departure or endorsed
warrant of removal. This notification is the responsibility of the district holding the file,

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ICE.000075.09-684

even though the alien may have departed or been deported through a district other than
the district of origin. When the FBI number is unknown, furnish date of birth, sex, and
fingerprint classification if known, as quoted by the FBI on Form 1-A. Final disposition
must be shown as one of the following:
Deported,
Departed voluntarily,
Status adjusted to lawful permanent resident,
Notice to Appear canceled,
Proceedings terminated by IJ (BIA),
Alienage not established,
Released as U.S. citizen (lawful resident alien), or
Alien died.
In each instance, add the date of occurrence immediately following the disposition. If the
alien was deported or departed voluntarily to Mexico, add after the date, in appropriate
cases:
Via airlift to Mexico, or
Departed voluntarily. Departed voluntarily" includes the case of an alien who departed
from the United States before the expiration of the voluntary departure time granted in
connection with an alternate order of removal.
Additional instructions regarding the FBI Form R-84 can be found in the Special Agents
Field Manual, Appendix 16-1.

Chapter 16 Removal Process: Preparations for Travel
Within 90 Days of Final Order
16.1

Obtaining Travel Documents

16.2

Liaison with Foreign Consular Officials

16.3

Making Travel Arrangements

16.4

Escort Details (General)

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16.5

Overseas Details

16.6

Notification Process

16.7

Carrier Liaison, Liability and Notification

16.8

Prisoner Treaty Transfers

16.9

Group Removal

16.10

Justice Prisoner Alien Transportation System (JPATS) [Reserved]

16.11

Removals by Special Charter Aircraft

References
INA: 241
Regulations: 8 CFR 241 and 236.1(e)
Other: U.S. Public Heath Service Manual and Bureau of Prisons Program Statements.
16.1

Obtaining Travel Documents.

(a) General. With certain exceptions, you must secure travel documents before removing
an alien from the United States. Therefore, apply for travel documents immediately after
issuing the Notice to Appear to any alien:
detained at government expense;
whose release from a penal institution is imminent; or
otherwise deemed high priority.
In other cases, apply for travel documents immediately after the warrant of removal has
been issued.
The travel-document processing time differs from one consular office to another, so you
should make it a rule to make contact early to schedule personal or telephonic interviews
to determine nationality.
To obtain travel documents for aliens under a final order of removal contact the consulate
having jurisdiction over your office. For individual country requirements, see the Travel
Document Handbook (Appendix 16-1). To expedite the issuance of travel documents,
establish a good working relationship with consulate staff. If the process of obtaining a

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travel document becomes extremely difficult, or reaches an impasse contact the
Headquarters Office of Detention and Removal.
Follow the instructions below when requesting travel documents:
Once an order becomes final, schedule a personal interview with the alien to obtain
information pertinent to Form I-217, Information for Travel Document or Passport. Form
I-217 is the source document for most of the information used in travel document
requests. Therefore, use all available resources to complete accurately all fields on the I217 before submitting the request.
Within two weeks of the alien receiving his/her final order, make your travel
document request. Include the charging document, final order, I-205, I-294 or I-296.
Redact any reference to asylum and withholding of removal. The number of photographs
varies depending on embassy/consular office; but always enclose at least four. In cases
involving criminal aliens, include a copy of the conviction document for the criminal
charge on the basis of which the alien was ordered removed.
To prepare a request for travel documents, consult as many sources as you need to
verify the aliens identity. Talk with the alien and, if applicable, family members. Check
their files. Check the Non-Immigrant Information System (NIIS) for entry information
and passport number. If still in doubt, contact the International Criminal Police
isit the INTERPOL website at
(b)(2)High
o request assistance from
INTERPOL, see contact information at Appendix 1-1). Send copies of identity-related
search results include copies of the material previously presented to the consul, the I-217,
the I-213, the immigration judge's order, fingerprints, and any other identifying
documentation that will assist in establishing the nationality of the alien.
Within one week of submitting the request, follow-up with the consulate. Make sure
the consular staff needs nothing more from you to process the request. That done, call for
a status report at least every 30 days until the document is issued or the case is closed. In
the aliens A-file, record every attempt to convince the consulate to issue the travel
document. This record could be used in court.
If you have not received the travel document within 75 days of submitting the request,
forward a copy of all material in the original request package to HQDROs Removal
Support and Coordination Branch (see Appendix 1-1). Send the complete package,
accompanied by a cover letter briefly summarizing the record to date, via express
delivery service. HQDRO will send you an email confirming receipt of the packet.
Failure to duplicate the request package exactly as submitted to the consulate will cause
HQDRO to send the package back to you. Note: Involving HQDRO in the effort to
secure travel documents does not relieve you of responsibility. Continue to press for
issuance of the travel document from the consulate and any other possible source, such as
family or Interpol. Include the following documents with your request:

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ICE.000078.09-684

1.

A summary of the facts, including the deportation charges;

2.

Form I-217, Information for Travel Document or Passport;

3.

Any available birth, baptismal, or foreign military record;

4.

Signed photograph;

5.

Copy of any travel document;

6.

Copy of the warrant of removal; and

7. Copy of letter refusing issuance of travel document for removal or copies of
correspondence if there is undue delay.
Advise any alien who does not, in timely fashion, apply for a travel document is subject
to prosecution under 8 USC 1253(a).
An alien who is not an arriving alien and who has been ordered removed may, with
certain restrictions, request removal to a country other than his/her country of origin (see
Section 241(b) of the Act). For any country other than Canada, complete and forward
Form I-241, Request for Acceptance of Alien, to the consulate of the country designated.
Do this even if the designated country is unlikely to grant the request. At the same time,
however, apply for travel documents from the consulate of the country to which the alien
will likely be removed if refused by the designated country. If the country designated by
the alien refuses the request or fails to respond within 30 days, disregard the designation
and follow standard procedures for removal.
Do not return the passport of an alien whose departure is being enforced. The passport is
the property of the issuing government and not the alien. If, however, administrative
relief is pending and no final order has been entered or the final order has been entered
but enforced departure is not contemplated, you may return the passport.
(b) Removals to Canada.
(1) General. The Reciprocal Arrangement for the Exchange of Deportees between the
United States and Canada prescribes procedures for submitting aliens' requests for
removal to Canada (see Appendix 16-2), as follows: Prepare the I-217 and Form I-270,
Request for Consent to Return Person to Canada. Form I-270 is incomplete without I270A, Notification of Intended Removal, which covers removals and voluntary
departures under safeguard to Canada, and non-citizens transiting Canada. Submit Form
I-270 and I-270A in all cases, even for aliens who appear ineligible under the reciprocal
arrangement. Send the forms to the Immigration and Customs Enforcement (ICE) Liaison
Officer in Ottawa, who will transmit the request to the appropriate Canadian official and
do everything possible to expedite a decision. Note: You must obtain consent through the
ICE Liaison Office before you can effect the removal or return.

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You must notify the ICE Liaison Officer in Ottawa if, after Canada has granted a removal
request, you do not effect the removal of the alien named in the request. You may not use
the same letter of consent on a subsequent occasion involving this alien without first
obtaining the ICE liaison officer's consent.
For a deportee to Canada requesting subsistence and transportation to a place other than
the closest Canadian port, you must complete the reverse side of the I-270.
(2) Third country removals or returns. Advise the Headquarters' Office of Detention and
Removal (DRO), on all Canadian citizens or permanent residents being removed from the
United States to a third country (see Appendix 1-1). Headquarters DRO will advise the
Assistant Secretary of State for Consular Affairs at the Department of State. The
Assistant Secretary of State for Consular Affairs at the Department of State will notify
the Canadian Director General of the Consular Affairs Bureau of the Department of
Foreign Affairs and International Trade of any intended removal to a third country (see
Appendix 16-5, Exchange of Letters Between the United States and Canada on the
Removal of their Nationals to Third Countries).
(3) Canadian military. When the alien is a member of the Canadian Armed Forces, send a
copy of the request to the Military Attach, c/o Embassy of Canada. (See Appendix 1-1 for
the address.)
(4) Other assistance from liaison office in Ottawa. The ICE Liaison Officer may be able
to obtain information from centralized Canadian records to help identify and obtain travel
documents, e.g., for a crew member of any nationality who deserted in Canada.
(5) Safe Third Removals. The Agreement Between the Government of the United States
of America and the Government of Canada for Cooperation in the Examination of
Refugee Status Claims from Nationals of Third Countries (Safe Third Agreement, Safe
Third, the Agreement), which has been in effect since December 29, 2004, establishes
procedures for processing the claims of certain asylum seekers.
Under the Safe Third Agreement, you will return to Canada a third-country national (not
from Canada or the United States) seeking entry from a Canadian land port of entry or
transiting the United States while being removed from Canada. Immediately notify
Canada if a transiting alien makes an asylum claim. Article 5 of the Safe Third
Agreement provides that the United States will return that alien to Canada, where the
Canadian refugee status determination system will decide the case.
Any alien ordered removed after having entered the United States from Canada is
removable to Canada in accordance with the United States/Canada Reciprocal
Arrangement for the Exchange of Deportees (see Appendix 16-2, Section III. Consent to
Return Aliens). You must effect the removal as soon as possible and in no case later than
one year from the date of the final order of removal. Advise Canada of the removal on
Form I-270A, Notification of Intended Removal.

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If an arriving alien is out of status or without proper documents, the alien is subject to
Expedited Removal under section 235(b) of the Immigration and Nationality Act. If the
alien expresses fear of returning to his/her country of origin, refer him/her to an asylum
officer for a Threshold Screening Interview.
If the alien qualifies for an exception under the Safe Third Agreement, the asylum officer
will conduct a Credible Fear Interview to determine whether the alien would likely face
persecution or torture if repatriated. If the alien does not qualify for an exception, remove
him/her under the Expedited Removal Order. For a list of exceptions to the Safe Third
Agreement, see Chapter 17.11(b) of the Inspector's Field Manual.
When the alien is an unaccompanied minor, initiate section 240 proceedings before an
Immigration Judge (see Chapter 17.11(d)(6) of the Inspector's Field Manual). Likewise,
initiate section 240 proceedings for Cubans at land ports of entry on the Canadian border
(see Customs and Border Protection memorandum, Treatment of Cuban Asylum Seekers
at Land Border Ports of Entry, Appendix 16-6).
Upon finding credible fear, the asylum officer will issue and serve the I-862, Notice to
Appear. If the asylum officer finds no significant possibility of persecution or torture, i.e,
credible fear, he/she will complete and issue the I-860, Notice and Order of Expedited
Removal. If at that time the alien requests a review by the Immigration Judge, the asylum
officer will issue and serve the I-869, Record of Negative Credible Fear Finding and
Request for Review by Immigration Judge, and will issue and serve I-863, Notice of
Referral to Immigration Judge. For an in-depth explanation of the credible fear process,
see Credible Fear Process in the Asylum Officer's Field Manual.
Aliens who leave the United States for Canada under an order of voluntary departure and
are subsequently returned to the United States are considered not to have departed the
United States, per General Counsel Opinion, 89-17.
Arriving visa waivers are not subject to Expedited Removal nor can they be placed in
section 240 removal proceedings. However, if visa waivers arrive from a Canadian land
port of entry, claim a fear of persecution, and do not qualify for an exception under the
Safe Third Agreement, return them to Canada (see Chapter 17.11(d)(8) of the Inspector's
Field Manual).
(6) Notification Process. Use Form I-270A to notify the U.S. Embassy in Ottawa five
business days before removing or returning any alien to Canada. At the top of the form
indicate the type of removal or return by checking the appropriate box. Fill in all
biographical information, including current immigration status; most serious criminal
conviction; and physical or mental health issues, if any. Enter complete travel itinerary.
Provide your name and contact information. Fax Form I-270A to the U.S. Embassy,
Ottawa, Canada. The telephone and fax number are on the form. Document the "A" file
with the completed I-270A and your fax transmittal. In addition, call Ottawa to confirm
receipt of your fax. Do not remove or return the alien without first receiving approval
from Ottawa.

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An alien not admitted to Canada or the United States at the port of entry but directed to
return for a scheduled interview regarding an asylum claim is called a "Direct Back." In
the United States, we generally detain arriving aliens making a claim of asylum. Canada
tection System" at
(b)(2)High
The United States can
remove a direct back if the alien has an outstanding order of removal. However, because
Canada may want to admit the individual, you must notify the Supervisor of the Refugee
Processing Unit at the Canadian Port of Entry at Fort Erie of our intent to remove a
Direct Back five business days before effecting that removal. (See Appendix 1-1 for
contact information.)

(c) Transfer of Deportees.
(1) General. Do not transfer an alien to a port for deportation until advised that
transportation arrangements have been made including, if required, arrangements for
custodial care in transit and at final destination. Prepare and send Form I-216, Record of
Person and Property Transferred, with each deportee. If the deportee has a serious mental
or physical problem that could affect his/her travel, attach Form I-141, Medical
Certificate, together with a clinical history, to the I-216. When transferring an unescorted
deportee, enclose all documents accompanying the alien in a document envelope, Form I164.
(2) Deportation through Canada. When placing an unescorted deportee aboard a carrier
that will stop in Canada en route to a third country, send advance notification to the
authorities at the first Canadian port. If the first Canadian port is unknown, immediately
advise the immigration liaison officer in Ottawa, who will follow through with the
appropriate Canadian officials.
(d) Advance Notification of Criminal Alien Removals and All Escorted Alien Removals.
(1) Request for Travel. Submit a tr
(b)(2)High
forms provided at the Omega website
Choose the Travel Request Form appropriate for your removal operation:

equest

Escorted
Unescorted
Escorted After Hours
Unescorted After Hours
Escorted Juvenile

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HQ DRO Authorized Special Training
Escorted Juvenile After Hours
Charter Mission Commercial Travel Support

The Omega site also includes travel-related forms. Retrieve them individually by clicking
on the applicable link:
Diplomat and Consular Travel Support
Airlines Expense/Visa Waivers Form
Cancellation Form
Change Form
Question and Comments Form.
If you encounter difficulties with the direct links, follow these steps:

a.

Go to www.owt.net.

b.
c.
d.

Click on the Government Services tab at the top of the page.
Under Web Pages select Detention and Removals.
Select the appropriate form under Reservation Request Forms.

(b)(2)High

page www.owt.net or DRO-specific page
under Internet "Favorites."

(b)(2)High

(b)(2)High

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(b)(2)High

16.2 Liaison with Foreign Consular Officials.
(a) Obtaining Travel Documents. Ultimately, you must rely on foreign consular officials
when a deportable alien lacks the necessary travel document to enter a foreign country.
Cordial relations with consular officials are extremely important in reducing the time
necessary to procure a travel document. Many foreign consulates have their own forms,
which must be completed before a travel document will be issued. The Travel Document
Handbook, compiled by HQDRO Removals, consists of a country-by-country listing of
these requirements as well as sample fillable forms required by many foreign countries.
Expired travel documents or other official identification may facilitate the foreign consuls
efforts to secure a new travel document. For this reason, whenever possible, save any
such documentation in the A file.

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(b) Reporting Problems with Consulates. Section 243(d) of the Act, as revised by Pub. L.
104-208, provides another option, formally notifying the Department of State, when a
foreign country refuses to accept, or unduly delays acceptance, of its nationals found to
be deportable from the United States. Although cooperation is always preferred to
conflict and sanctions, the Secretary of State may suspend immigrant and nonimmigrant
visa issuance in cases where immigration officials and foreign consular officials cannot
reach agreement. If you become involved in such an impasse, report the situation to
HQDRO Removals for follow-up action. Include the date and time of every attempt to
obtain travel documents, the names of consular officials involved, names of aliens
affected, and other relevant details.
The State Departments website provides current addresses for consular offices in the
United States; see http://www.state.gov/s/cpr/rls/fco/.
16.3 Making Travel Arrangements.

(b)(2)High, (b)(7)e

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(b)(2)High,

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(b)(2)High, (b)(7)e

16.4

Escort Details (General).

(a) Introduction. Escort duty involves transferring or escorting aliens between
immigration and other custodial facilities, to and from airports, railroad and bus depots,
hospitals, courts, consular offices, aliens residences, places of employment, and so forth.
A single officer or a group of officers working together may perform escort duty.

(b)(2)High, (b)(7)e

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(b)(2)High, (b)(7)e

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(b)(2)High, (b)(7)e

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(b)(2)High

(c) Special Handling Cases.
(1) Mental Instability. Aliens with mental disorders require special care and attention.
Some have suicidal or homicidal tendencies and may attempt injury to themselves or to
others. Unless the aliens file records signs of mental instability, however, you may not
receive advance notice of these cases. If the alien seems unusually nervous, excitable,
despondent, or otherwise irrational, inform a supervisor immediately.
Notify the receiving officer or institution before delivering an alien with known or
suspected mental illness. In transit, attempt to put the alien at ease by maintaining a calm,
reassuring demeanor.

(b)(2)High, (b)(7)e

16.5 Overseas Details.
(a) General. Overseas assignments tend to involve aliens with criminal records, mental
illness, or physically disabilities. These require particular caution and considerable
advance planning. You may expect transportation problems, difficulties with foreign
officials, and other complications. To minimize problems, choose non-stop flights. If
unavailable, choose the schedule with the fewest connections.

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(b) Consular Notification. Before traveling, provide the immigration officer in charge or
the consulate of the country involved with the necessary details about the alien(s) and the
escort.
(c) Travel Preparations.
(1) Vaccination and Inoculations. Certain countries require travelers to carry smallpox
vaccination certificates. Countries in Asia, the South Pacific, Africa, and the Middle East
may require proof of inoculation for other diseases, e.g., cholera, yellow fever, and
typhoid. Check with consular representatives before traveling.
(2) Travel Authorization. A signed Form G-250, Travel Request Authorization, confirms
the necessary funds are available for food, lodging, transportation and related expenses
incurred during escort duty. Do not travel before obtaining this authorization. Upon
returning from the authorized travel, promptly submit a travel voucher (Form SF-1012)
for reimbursement. A notebook of expenses, including dates, times and reasons, can
prove useful when itemizing costs.
16.6 Notification Process.
ication process, see
(b)(2)High

16.7 Carrier Liaison, Liability, and Notification.
(a) General. When an alien is deportable at the expense of a transportation line, it should
be served immediately with Form I-288. If the transportation line responds and indicates
that it will furnish transportation, provide a notice on Form I-288 when the alien is
completely ready for deportation. If personal care and attendance is required, supplement
the notice accordingly and provide the carrier with information that the expense incident
to employing a suitable person to accompany the alien to his final destination will be
defrayed in the same manner as the expense of his or her deportation. Use Form I-380,
Record of Expenses Billable to Transportation Company, to maintain an accurate record
of all expenses incurred which are billable to the carrier.
(b) Procedures When Carrier Refuses Liability. A report is required in cases when a
transportation company refuses to pay the deportation expenses of an alien brought to the
United States by that company, and the costs are borne by the government. In such cases,
submit the required report to the Debt Management Center (DMC) in Burlington, VT.
DMC will create and forward a bill to the debtor company. If the company refuses to pay,
DMC will refer the case to Regional Counsel, Burlington, who will take appropriate
action to collect the debt.
The report must provide the following information:
Name of alien;

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Name of vessel and country of registry;
Date, place, and manner of arrival;
Name and address of owner(s) of the vessel, and the names and addresses of any
agents, charters, or other interested persons;
Date, place, and manner of removal;
The charge warranting the removal order;
Expenses incident to removal;
Details of demand for payment, including how delivered (personally served or by
first-class, certified, or registered mail) and to whom (if not the vessels owner(s), cite the
source of the agent's authority);
The reason for refusal of payment. Indicate whether the debtor offered to pay for any
part of the expenses; and
Point of contact for technical questions (e.g., the person who determined the carriers
liability).
16.8 Prisoner Treaty Transfers.
(a) General. The International Treaty Transfer Program permits the transfer of prisoners
from the country where convicted to the co
(b)(2)High
Inte
(b)(2)High
and
(b) ICE involvement and responsibilities. When the U.S. Department of Justices Office of
Enforcement Operations, which administers the International Treaty Transfer Program,
notifies ICE of an impending transfer, HQDRO Removals staff then coordinates the
removal process with the other entities involved in the transfer (prisons, Institutional
Removal Program, etc.).
16.9 Group Removal.
(a) General. The escort detail for a large group of aliens includes at least two officers, of
whom one is designated supervisor. A group may travel by bus, train, Justice Prisoner
and Alien Transportation System (JPATS) or commercial aircraft. (See the
Transportation Detention Standard (Land Transportation) in Appendix 23-1 and
Enforcement Standards on Use of Restraints and Escorts in Appendix 16-4.
Before departure, make sure you have enough money for meals and other expenses, and
confirm that the necessary arrangements for food and transportation have been made.

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Because unforeseen expenses often arise, have your government credit card with you
when you travel.
Verify that the Form I-216, Record of Persons and Property Transferred, lists every
person in the group. Confirm that all baggage is properly packed and tagged. Encourage
everyone in the group to dress appropriately for the climate of the receiving country.
(b) Property and Baggage. Verify that every aliens property envelope includes the
following: a copy of Form I-43 that lists all baggage and personal effects; the warrant of
removal or other documentation of removal or voluntary departure; and medical
certificates as required.
(c) Commercial Travel. When traveling by bus or train, familiarize yourself with all
entrances, exits, and compartments. Do not allow detainees to open windows while en
route. Allow detainees to walk up and down the aisle only when necessary. When
traveling on commercial aircraft, pre-board. Remain seated during stopovers.
(d) Problem Cases. At least one officer must sit beside anyone expected to try to escape.
When resorting to handcuffs, do not cuff the alien to the carrier.
(e) Escapes. Exercise judgment in deciding whether to purse an escapee. Consider such
factors as the number of escort officers, group size, location, the likelihood of success,
and whether pursuit could jeopardize the security and accountability of the other
detainees or endanger the general public.
For procedures on reporting an escape, see Reporting Assaults, Escapes and Other
Incidents in Chapter 44.1.
16.10 Justice Prisoner Alien Transportation System (JPATS) [Reserved].
16.11 Removals by Special Charter Aircraft

Chapter 17 Removal Process: Post Order Custody
Reviews (POCR)
17.1

Post Order Custody Regulation

17.2

Final Order Definition

17.3

Removal Period

17.4

Field Procedures

17.5

Other Factors for Consideration During Post Order Custody Review

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17.6

Penalties for Failure to Cooperate in Obtaining A Travel Document

17.7

Likelihood of Removal

17.8

Possible Decisions of Deciding Officials At Field Level

17.9

Serving Notice of Final Decision

17.10

Postponement of Review

17.11

Headquarters Post Order Detention Unit

17.12

Orders of Supervision

17.13

Future Reviews

17.14

Sanctions Against Countries That Fail to Issue Travel Documents

17.15

Failure to Cooperate

References:
INA: Sections 212, 241
Regulations: 8 CFR Part 241
Other: HQCDU Intranet Web Site; Federal Register notices: Continued Detention of
Aliens Subject to Final Orders of Removal, 66 FR 56967 (November 14, 2001) and
Notice of Memorandum, 66 FR 38433 (July 24, 2001).
17.1

Post Order Custody Regulation.

(a) History. As a result of the Supreme Courts decision in Zadvydas v. Davis, 533 U.S.
678 (2001), Headquarters Removal Operations Division has established procedures for
the review of all final order cases in custody. This decision limits the Services ability to
continue to detain aliens beyond 90 days after the issuance of a final order of removal. In
general, the Supreme Court ruled that an alien can no longer be kept in detention (unless
special circumstances as defined in 8 CFR 241.14 exist), once it has been determined that
there is no significant likelihood of removal in the reasonably foreseeable future. This
decision applies to aliens admitted into the United States as refugees and those who
entered without inspection, but does not apply to aliens paroled under section 212(d)(5)
of the Immigration and Nationality Act (Act), arriving aliens, or Mariel Cubans.
(b) Overview. Post Order Custody Reviews (POCRs) will be conducted on aliens who
are detained in Service custody to ensure that their detention is justified and that it is in
compliance with governing laws and regulations. In particular, the instructions under

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Field Procedures in section 17.4 of this manual are to be applied to all aliens in custody
with a final order. When conducting POCRs, two key issues are to be considered:
Availability of a travel document and significant likelihood of removing the alien in
the reasonably foreseeable future (pursuant to 8 CFR 241.13); and
Threat to the public or flight risk (pursuant to 8 CFR 241.4).
In general, field offices conduct POCRs within the 90-day removal period as defined by
section 241(a) of the Act. They generally retain custody jurisdiction under 8 CFR 241.4
and continue efforts to remove the alien until the 180-day point (90 days beyond the
expiration of the removal period) for all cases. Certain cases, where the alien is
considered a threat to the public or a flight risk and whose removal is not likely, may be
referred to the Headquarters Post-order Detention Unit (HQCDU) following the 90 day
review. After day 180, custody jurisdiction for all cases transfers to HQCDU. Once
HQCDU takes jurisdiction over a case, it will generally make a custody determination
based on the feasibility of removal in the reasonably foreseeable future pursuant to 8 CFR
241.13.
17.2

Final Order Definition.

The definition of a final order can be found in 8 CFR 241.1. Authority to issue removal
orders lies with an immigration judge, the Board of Immigration Appeals, a federal court
judge, or any authorized Service official. An order of removal becomes final:
Upon dismissal of an appeal by the Board of Immigration Appeals (Board);
Upon waiver of appeal by the respondent;
Upon expiration of the time allotted for an appeal if the respondent does not file an
appeal within that time;
If certified to the Board or Attorney General, upon the date of the subsequent decision
ordering removal;
If an immigration judge orders an alien removed in the alien's absence, immediately
upon entry of such order; or
If an immigration judge issues an alternate order of removal in connection with a grant
of voluntary departure, upon overstay of the voluntary departure period except where the
respondent has filed a timely appeal with the Board. In such a case, the order becomes
final upon an order of removal by the Board or the Attorney General, or upon overstay of
any voluntary departure period granted or reinstated by the Board or the Attorney
General.
17.3

Removal Period.

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(a) Removal Period Defined. Section 241(a)(1) of the Act contains the definition of the
removal period. Except as otherwise provided in that section, when an alien is ordered
removed, the Attorney General shall remove the alien from the United States within a
period of 90 days (in this section referred to as the removal period). During this 90-day
period, the Attorney General shall detain the alien. The removal period begins on the
latest of the following:
The date the order of removal becomes administratively final;
If the removal order is judicially reviewed and if a court orders a stay of the removal
of the alien, the date of the courts final order; or
If the alien is detained or confined (except under an immigration process), the date the
alien is released from such detention or confinement.
The 90-day removal period refers to the initial period of 90 days that an alien is in INS
custody subsequent to the issuance of a final order of removal.
(b) Reasonable Time to Effect Removal. As indicated above, the removal period is
defined to be a 90-day period. However, the Supreme Court ruled in Zadvydas that
detention of an alien ordered removed is presumptively reasonable for a six-month period
in order to effectuate removal. Further, the Court held that this does not mean that the
alien must automatically be released after the six-month period. Rather, the Court held
that an alien may be held in confinement past the six-month period, if the government has
made a determination that there is a significant likelihood of removal in the reasonably
foreseeable future. In addition, the Court found that there may be special circumstances
requiring the aliens continued detention, as outlined in 8 CFR 241.14.
The Court held that the period of time which can be considered as the reasonably
foreseeable future, becomes increasingly shorter as the length of time the alien has been
held in post-order INS detention increases. See Zadvydas, 533 U.S. at 701. In other
words, the longer an alien remains in INS custody after being ordered removed, the
higher the burden on the government to establish that the aliens removal is going to occur
in the reasonably foreseeable future.
(c) Suspension of Removal Period. The removal period shall be extended and the alien
may remain in detention during such extended period if the alien fails or refuses to make
timely application in good faith for travel or other documents necessary to facilitate the
aliens departure or conspires or acts to prevent the aliens removal. This includes any
failure or refusal on the part of the alien to provide information or to take any other action
necessary to obtain a travel document [See INA 241(a)(1)(C) of the Act]. Prior to the
government suspending the removal period, the alien must have:
Been served with a notice of what he/she is required to do [See the form, Instruction
Sheet to Detainee;

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Been given the opportunity to comply; and
Subsequently failed to comply.
(d) Deciding Official. The deciding official is responsible for making the final decision
whether to continue detention of an alien. At the field level, the deciding official is the
District Director. At the headquarters level, the Director of the Post Order Detention Unit
is the deciding official.
17.4

Field Procedures.

These procedures apply to all detained aliens except Mariel Cubans whose parole is
governed by 8 CFR 212.12.
(a) Travel Documents. Field offices will work to obtain a travel document for all aliens
in custody with a final order. For countries where history shows that obtaining a travel
document takes longer than 30 days, requests for assistance must be forwarded to the HQ
Travel Document Liaison Unit at the same time as a request is sent to the local consulate.
For all cases, the field should immediately forward a timely request for assistance to HQ
Travel Document Liaison Unit upon determination that a problem exists in obtaining a
document within the statutory removal period. The Information for Travel Document or
Passport, Form I-217, is to be filled out accurately and completely, following an
interview with the alien. The field office is responsible for making the appropriate follow
up with the HQ Travel Document Unit regarding the status of the travel document and in
making the appropriate annotations in the A-file and in DACS.
(b) Warning for Failure to Depart, Form I-229(a). Every alien in custody shall be
served an I-229(a) and Instruction Sheet to Detainee. These forms can be obtained from
(b)(2)High
(b)(2)High

after receipt of a final order. The alien must be served either via personal service or
certified mail, return receipt. The Instruction Sheet to Detainee gives the alien notice of
what he or she is required to do in order to assist in the removal process and gives the
alien the opportunity to comply with the request.
(c) Notice of Review (File or Interview). Every alien in custody must be served a
Notice of Review (File or Interview, at the discretion of the deciding official) no later
than 60 days after issuance of a final order (even on cases that the removal period has not
yet begun or has been suspended). This notice will provide instructions to the alien on
evidence or documentation that may be submitted by the alien for consideration during
the file review. If the alien or his or her representative requests additional time to prepare
materials beyond the time when the deciding official expects to conduct the records
review, such a request will constitute a waiver of the requirement that the review occur
prior to the expiration of the removal period. The deciding official must determine if the

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review will be based solely on a file review or if it will include a telephonic, video
teleconference, or personal interview.
(d) POCR Review (File or Interview). For every alien in custody with a final order, a
POCR Worksheet package shall be completed, pursuant to criteria and factors found in 8
CFR 241.4 (threat/flight risk) no later than 90 days after the issuance of a final order (if in
custody when final order issued) or no later than 90 days after coming into custody with
an outstanding final order. The package will be forwarded expeditiously to the deciding
official for review and signature. A POCR is not to be completed without the aliens Afile. If, under extenuating circumstances, an A-file is not obtainable and a temporary file
has to be created, the temporary file is to have copies of all immigration history
documents, as well as other pertinent supporting documentation, investigative reports,
and other pertinent memoranda, before a review is done.
17.5
(a)

Other Factors for Consideration During Post Order Custody Review.
Stays of Removal.

(1) Stay of Removal issued by a federal court. This issue is being reviewed by Office of
General Counsel and HQDRO. An agency position is in the process of being developed.
(2) Stay of Removal Issued by Immigration Judge or Board of Immigration Appeals
(BIA). Follow the procedures under Stay of Removal issued by a federal court.
(3) Stay Issued by District Director. The POCR process will continue as normal. The
field will conduct a 90-day review and at day 180, the case will transfer to HQCDU. At
day 181, HQCDU will review the case and the stay issued at the field level for
determination of continuation of custody and/or the stay.
(4) Service and Court Agreement Stays. For the purposes of removal and the POCR
process, if a formal, written stay has not been issued, no stay exists and the alien can be
removed at anytime, unless otherwise advised by General Counsels Office, Office of
Immigration Litigation, or the United States Attorneys Office. The POCR process will
proceed through the normal process.
(b) Field Responsibility. The field will complete an informal review every 30 days to
ensure that the stay is still in place, and update DACS as appropriate. Further instructions
will follow once stay issue has been resolved.
17.6

Penalties for Failure to Cooperate in Obtaining a Travel Document.

(a) Refusing to Make a Timely Application for a Travel Document. If an alien refuses
to make timely application (separate and apart from the Services efforts) for travel
documents or conspires or acts to conspire to prevent his removal, the aliens removal
period is to be extended. A POCR Worksheet package is to be completed and the Notice
of Failure to Comply, is to be served on the alien advising him of the reason for the

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extension of the removal period and the actions needed to restart the removal period. The
Notice of Failure to Comply must state the specific request that the alien failed to comply
with, as stated on the Instruction Sheet to Detainee. The alien shall be considered for
criminal prosecution.
Until the alien has come into compliance, the case will remain under field jurisdiction.
The field will complete an informal review every 30 days to determine if the alien has
come into compliance with the requirement, and update DACS as appropriate. The field
will conduct formal reviews in accordance with POCR procedures.
Once the alien has come into compliance with the requirement to assist with removal, the
field must document the A-file and conduct a new POCR Worksheet package based on
the change in circumstances. If the alien is continued in detention after the new review,
the field will retain jurisdiction for 90 days after the decision before referring the case to
HQCDU.
Just because an alien does not submit an application for a travel document on his or her
own does not necessarily mean that the alien is refusing to cooperate. Some examples of
refusal to cooperate may be:
Refusal to fill out an application for a travel document;
Refusal to provide information requested by a foreign consulate;
Providing false or inaccurate biographical information;
Failure to assist the Service in obtaining a travel document; or
Acts deliberately committed to prevent his or her removal; etc.
Although such a conclusion might be warranted in a particular case, the totality of the
circumstances must be weighed before a final determination is made.
(b) Criminal Prosecutions. Aliens who fail to comply with the requirement to assist the
Service with obtaining a travel document should be referred to the United States
Attorneys Office for criminal prosecution under Section 243(a) of the Act, 8 U.S.C.
1253(a). A current record of the referrals, which were accepted or declined by the U.S.
Attorneys Office, is to be kept by the field office.
17.7

Likelihood of Removal.

Under 8 CFR 241.13, only HQCDU has the authority to make a custody determination
based on the likelihood of removal in the reasonably foreseeable future. However, the
field office may consider the availability of a travel document as a factor when making
the custody decision pursuant to the 8 CFR 241.4 at the time of the 90-day review.
HQCDU will review the case under 8 CFR 241.13 once the deciding official at the field

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level transfers custody jurisdiction to HQCDU following the 90 day review or at day 181,
if the deciding official had retained the custody determination for an additional 3 months
after the expiration of the removal period.
The alien is required to assist in removal by helping to obtain a travel document and
making individual efforts to effectuate his or her own removal. Under the Zadvydas
decision, the alien has the initial burden of showing good reason to believe that there is
no significant likelihood of removal in the reasonably foreseeable future. The Service has
the burden to rebut the aliens claim. The field office is to ensure that the alien knows
his/her obligation to assist in obtaining a travel document. In addition, the field office is
to actively pursue a travel document with the foreign consulate or embassy.
When reviewing inadmissible or excludable aliens (arriving aliens and aliens paroled
pursuant to Section 212(d)(5) of the Act), 8 CFR 241.13 is inapplicable. However, the
likelihood of repatriation may be weighed along with the threat and flight risk factors
contained in 8 CFR 241.4.
Nonimmigrant S-visa Cases. Aliens pending an S-visa are not to be removed from the
United States. Further clarification regarding release from custody is currently pending
with General Counsel and with HQINV.
17.8

Possible Decisions of Deciding Officials At Field Level (Up to Day 180).

(a) Remain in Custody. A deciding official may decide to continue to detain an alien
where:
The alien has failed to comply with requirement to assist in his or her removal, and the
removal period has been extended;
The aliens removal is significantly feasible in the reasonably foreseeable future and/or
alien is deemed a threat to the public or a flight risk; or
The alien is deemed a flight risk or threat (for arriving aliens and aliens paroled into
the U.S. pursuant to Section 212(d)(5) of the Act).
(b) Release the Alien Under an Order of Supervision. Release the alien on an Order of
Supervision (with required conditions) as the alien is not a threat to the public or a flight
risk (and removal is not feasible in the foreseeable future) or because the alien is an
arriving alien who is not deemed a threat or flight risk.
In the written detain decision, notification that custody jurisdiction will transfer to
HQCDU on day 181, or 90 days after the end of the removal period, if period was
extended (whichever is later), must be included.
POCR write-ups are to be complete, thorough, and must include all pertinent facts of the
aliens case. Copies of documentation submitted by the alien are to be included in the

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POCR package sent to HQCDU. All decisions must include case specific justifications.
Boiler plate write-ups are unacceptable.
17.9

Serving Notice of Final Decision.

The deciding official will notify the alien in writing whether he or she is to be released
from custody, or that he or she will be continued in detention pending removal or further
review of his or her custody status.
If an alien is to be released from custody pending an action by the government or the
alien, the alien must be notified of the conditions that must be met before the alien will be
released. Upon the conditions being met, the alien will be served the Release
Notification, Order of Supervision (Form I-220B) with all appropriate attachments, and
then released under an order of supervision.
17.10

Postponement of Review.

In the case of an alien who is in the custody of the Service, the local office director or the
HQCDU Director may, in his or her discretion, suspend or postpone the custody review
process if such detainee's prompt removal is practicable and proper, or for other good
cause. The decision and reasons for the delay shall be documented in the alien's custody
review file and A-file, as appropriate. Reasonable care will be exercised to ensure that the
alien's case is reviewed once the reason for delay is remedied or if the alien is not
removed from the United States as anticipated at the time the review was suspended or
postponed.
17.11

Headquarters Custody Determination Unit (HQCDU).

(a) Cases Detained Beyond the 90-Day Removal Period. The field may maintain
jurisdiction of all cases until the 180-day point (or transfer custody determination
jurisdiction to Headquarters after the 90 day review, as removal is unlikely). If at day
181, removal has not been effected or release has not been granted, the 90-day POCR
Worksheet package will be forwarded to HQCDU with a memorandum updating the
worksheet package. Cases in which the alien has failed to cooperate will not be sent to
HQCDU, as the removal period has not yet begun or has been extended.
(b) For All Cases Over 180 Days (90 Days Beyond the 90-Day Removal Period).
HQCDU will hold jurisdiction for custody decisions pursuant to 8 CFR 241.4, 241.13,
and 241.14. The field officer will retain responsibility for docket control, case
management, completion of future reviews, and will continue appropriate follow up
efforts to remove the alien. Once HQCDU issues a decision to continue detention and the
alien has not been removed within a reasonable time frame, the local field office is to
inform HQCDU by way of a memorandum (which is also to include any updates to the
POCR package) so that a new custody decision under 8 CFR 241.13 may be made. The
review described in 8 CFR 241.13 is not an annual review. Reviews for inadmissible
aliens pursuant to 8 CFR 241.4 are to be done annually, after the initial 90-day review.

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For habeas cases over 180-days in custody, HQCDU will coordinate with the United
States Attorneys Office (USAO), the Department of Justice Office of Immigration
Litigation (OIL), and the INS Office of the General Counsel (OGC). The preferred
method of transmittal of POCR Worksheet packages to HQCDU is express mail.
(c) Referral to HQCDU Under 8 CFR 241.14 (Special Circumstances). Once the
Service determines that removal is not likely to occur in the reasonably foreseeable future
(pursuant to 8 CFR 241.13, usually because a travel document cannot be obtained), an
alien may remain in Service custody only if he or she meets the criteria set forth in 8 CFR
241.14, as described below:
Medical Case: contagious disease(s) that is a threat to the public safety, 8 CFR
241.14(b).
Release that may result in adverse foreign policy consequences, 8 CFR 241.14(c).
Release that may pose a significant threat to national security or a risk of terrorism, 8
CFR 241.14(d).
Alien has been determined to be specially dangerous due to the prior commission of a
crime of violence (8 CFR 241.14(f)(1)(i)), a mental condition or personality disorder (8
CFR 241.14(f)(1)(ii)), and no conditions of release can reasonably be expected to ensure
the safety to the public (8 CFR 241.14(f)(1)(iii)). Determinations made under 8 CFR
241.14(f) require a physicians report based on a full medical and psychiatric evaluation of
the alien (8 CFR 241.14 (f)(3)).
(d) Consultation with Public Health Service. On all referrals that fall into the 1st or 4th
category above (medical cases or specially dangerous), HQCDU will refer the case to
HQPHS for certification of condition. Only HQCDU can make custody determinations
under 8 CFR 241.14. Upon a decision by HQCDU to release an alien after referral under
8 CFR 241.14, HQCDU will forward to the field the release decision and the Public
Health Services recommendations for appropriate conditions to be included in the order
of supervision.
Upon a decision by HQCDU to detain an alien under 8 CFR 241.14(b), (c), or (d),
HQCDU will forward the detain decision for service on the alien. For an alien detained
under 8 CFR 241.14(f) as having been determined to be specially dangerous by
Headquarters, HQCDU will forward to the field the detain decision and all relevant
documents for service on the alien and EOIR. The field office must complete
Form I-863, Notice of Referral to Immigration Judge, and serve copies of the entire
package on the alien and EOIR.
HQCDU retains the authority to take over jurisdiction of custody determination of any
case, at any time.

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(e) Other 8 CFR 241.14 Cases. For cases falling under 8 CFR 241.14(c) and (d), HQCDU
will coordinate certification requirements with the Office of General Counsel. A
complete copy of the A-file is to be sent to HQ for all potential 8 CFR 241.14 cases.
(f) Habeas Cases. For all cases where a Petition for Writ of Habeas Corpus is filed in the
United States District Court where the case is within the 180-day period, the field will
coordinate with the Office of the District Counsel, USAO, and/or OIL as appropriate.
Cases beyond the 180-day period will be coordinated by HQCDU, Office of General
Counsel, and the Office of Immigration Litigation, as well as the local USAO as
appropriate.

(b)(2)High

17.12

ed in the appropriate screens
by the field.

(b)(2)High

Orders of Supervision.

(a) Release. Aliens approved for release will be released under an Order of Supervision
(O/S) with such conditions that are deemed necessary (for example, regular reporting
requirements, requirements to obtain travel documents, rehabilitative treatment programs,
residence in halfway house, and so forth). The alien is to be served with the Release
Notification decision, as well as the O/S (Form I-220B) with appropriate attachments.
Bonds may be authorized for certain cases in order to ensure that the alien abides by the
conditions of the O/S. Bond amounts are to be reasonable and must be in a range that the
alien should be able to post. Chapter 15 (section 15.1(b)), and 8 CFR 241.5 contain
additional information and guidance regarding O/S releases.
Release-on-bond decisions are to include instructions on how the alien may request
reconsideration of the bond amount. The aliens request for reconsideration should include
appropriate financial documentation in support of his/her request.
Conditions of release that require the successful completion of a halfway house or other
outpatient treatment program will be coordinated between HQCDU and HQPHS. The
local field office is to ensure that the alien provides proof of completion of the required
program when he/she reports in on the O/S.
Initial release conditions may require weekly reporting for a period of time to be
determined by each field office. If satisfactory appearances are made, reporting may be
extended to monthly intervals. In no circumstance will the frequency-of-reporting
requirement be less than once every three months. Failure-to-appear cases will be
considered under the National Fugitive Operations program (NFOP) (Chapter 19) within
five working days of the violation. The alien is required to report to a field office or suboffice with a permanent Detention and Removal Operations presence.
(b) Revocation of Release. Upon violation of the conditions of the order of
supervision, a complete review of the circumstances surrounding the violation must occur
in order to make the determination to revoke the order. The alien is to be promptly served

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ICE.000103.09-684

with the Notice of Revocation of Release to indicate the reason for the revocation. In
addition, an informal interview with the alien is to be conducted to afford the alien the
opportunity to respond to the reasons for the revocation. If the alien is not released after
the informal interview, the POCR review process begins anew. The government has
another six months in order to effect the aliens removal, or to determine what conditions
should govern the aliens release, if he or she cannot be removed. If the decision is made
to allow the alien to remain on the order of supervision, additional conditions may be
imposed on the alien. Certain repeat offenders may be good candidates for O/S bonds.
(c) Revocation of Release Due to Changed Circumstances. Upon the determination that a
released alien can be removed, the aliens release may be revoked and the alien may be
returned to custody. Upon return to Service custody, the same procedure as stated in (b)
above are to be followed. If the circumstances under which an alien was taken back into
custody no longer exist and his/her removal is no longer imminent, the alien is to be
released.
The decision to revoke an aliens release may be made by the field office where the alien
is physically located. The HQCDU may review any decision to revoke made at the field
level. At any time after HQCDU has issued a decision letter to release an alien under 8
CFR 241.13 and before an alien has been physically released from custody, if the field
receives notification a travel document will be issued, the notice of release is
automatically revoked. The field will issue a withdrawal of release approval letter to the
alien.
17.13

Future Reviews.

(a) General Field Office Responsibilities. If an alien is maintained in custody after a
HQCDU review at the 180-day point, the aliens case will be reviewed again once the
field office has made a determination that removal in the reasonably foreseeable future is
not likely. The field office is to notify HQCDU by way of a memorandum or new
updated POCR worksheet, so that a new custody decision may be made by HQCDU. The
field officer is responsible for conducting the review, completing the POCR Worksheet
package, and forwarding the field officers recommendation to HQCDU for a new
decision.
Regardless of the mandated formal case reviews, each case officer is to review every
long-term final order case and update DACS at the minimum every 30 days.
See the HQCDU Web Site for POCR-related forms and sample decisions.
(b) For Cases Under 8 CFR 241.4. After a decision to detain an alien as a threat to the
public or a flight risk pursuant to 8 CFR 241.4, an alien may request a new review, based
on a material change in circumstances, not more than once every 3 months in the interim
between annual reviews. HQCDU has 90 days to respond to the aliens request. The alien
will file this request with the field office having jurisdiction over his case. The field
office will review the request to ensure it meets the requirements for a new request. If the

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request is not in compliance with the requirements, the field will serve the alien with a
notice stating the alien is not eligible for the review, as he has not met the requirements
for a new review. If the requirements are met, the field will update the most recent POCR
worksheet completed in the field and will forward the aliens request, POCR worksheet,
and field update to HQCDU. Although the regulations allow for annual reviews pursuant
to 8 CFR 241.4, the Supreme Courts restrictions on post-order detention in the Zadvydas
decision must be taken into consideration. In essence, most cases (except those in which
Zadvydas does not apply) will not remain subject to 8 CFR 241.4. Once their removal is
no longer reasonably foreseeable, they would revert to a review under 8 CFR 241.13.
(c) For Cases Under 8 CFR 241.13. An alien may request a review under 8 CFR 241.13
by providing evidence that his removal will not occur in the reasonably foreseeable
future. He may request this review six months after the HQCDU decision denying release
under this section. The alien will file this request with the field office having jurisdiction
over his case. The field office will review the request to ensure it meets the requirements
for a new request. If the request is not in compliance with the requirements, the field will
serve the alien with a notice stating the alien is not eligible for the review, as he has not
met the requirements for a new review. If the requirements are met, the field will update
the most recent POCR worksheet completed in the field and will forward the aliens
request, POCR worksheet, and field update to HQCDU. HQCDU will consider any
additional evidence provided by the alien or otherwise available and render a new
decision on the likelihood of removal in the reasonably foreseeable future.
(d) Special Circumstances Case Reviews. For aliens detained pursuant to 8 CFR 241.14,
further reviews are governed by 8 CFR 241.14(d), in the case of Foreign Policy and
Security Concerns, and by 8 CFR 241.14(k), in the case of specially dangerous aliens.
17.14

Sanctions Against Countries That Fail to Issue Travel Documents.

See Chapter 16.1(a) and 16.2(b).
17.15

Failure to Cooperate.

Chapter 18: Removal Process: Mariel Cubans
References:
Regulations: 8 CFR 212
Other: Cuban Review Plan Training Manual
Between April and October 1980, approximately 129,000 Cubans fled their nation in
boats and arrived in or near Key West, Florida, during what became known as the
freedom flotilla, or Mariel Boatlift. The migrants were initially screened by the
Immigration and Naturalization Service, and most were paroled into the United States to
family members or other sponsors. Under the Cuban Adjustment Act, Pub. L. 89-732

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(Nov. 2, 1966), they were given the opportunity to apply to adjust their status to that of
lawful permanent resident one year and one day after having been paroled or admitted to
the United States.
In July 1987, the INS initiated a status review plan, under which each detained Mariel
Cubans file is reviewed, a personal interview is conducted if necessary, and a
recommendation is made to the Commissioner of the INS as to whether the alien should
be paroled or detained. This determination is made on the basis of the detainees criminal
history, history of mental illness, and whether s/he poses a threat to the community.
The Commissioner of INS is conferred the authority to parole and detain Mariel Cubans
under 8 CFR 212.12. Section 212.12 applies to any native of Cuba who last came to the
United States between April 15, 1980 and October 20, 1980 (a Mariel Cuban), and who is
detained by the INS, or detained under the authority of the INS. Each officer participating
in the Cuban Review Plan will be familiar with the laws, policies, and procedures relating
to interviewing and making recommendations for release or placement of Mariel
Cubans.
All appropriate policy and procedures governing the Cuban Review Plan can be found in
the Cuban Review Plan Training Manual, included as Appendix 18-1 of this manual.

Chapter 19: Removal Process: National Fugitive
Operations Program (NFOP) [Reserved]
Chapter 20: Removal Process: Relief From Removal
20.1

Relief From Removal

20.2

Cancellation of Removal

20.3

Asylum

20.4

Withholding or Deferral of Removal

20.5

Private Bills

20.6

Restoration or Adjustment of Status and Waivers

20.7

Stays of Removal

20.8

Deferred Action

20.9

Exercising Discretion

20.10

Temporary Protected Status vs. Deferred Enforced Departure

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20.11 Nicaraguan Adjustment and Central American Relief Act (NACARA) and
Haitian Refugee Immigration Fairness Act (HRIFA)
20.12

Voluntary Departure

References:
INA: 101, 208, 212, 236, 237, 240A, 241, 242, 244, 245, 248, 249
Regulations: 8 CFR 10
03.43, 208, 1240.20, 1240.21, 1240.33, 1240.34, 241.6, 245, 249, 274A
20.1

Relief from Removal.

Aliens in removal proceedings and those with final orders of removal may be eligible for
certain forms of relief. It is important for you to be familiar with these forms of relief
because aliens under your docket control may be eligible. You may be required to cease
all removal actions on eligible detained and non-detained aliens. Additionally, certain
forms of relief may require the administrative closure of removal proceedings or the
release of aliens in custody. The Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (IIRIRA) eliminated some forms of relief and created others.
You may encounter an alien under docket control whose removal proceedings were
initiated prior to the enactment of IIRIRA. Therefore, you must know the forms of relief
that were available prior to IIRIRA and know what actions each Service officer should
take to facilitate each particular form of relief.
First, consider the alien's immigration status and criminal history before pursuing
relief from removal. Run a criminal-history check if you cannot find one conducted
during the past 90 days.
The Office of the Principal Legal Adviser reviews the contents of each A file before
presenting the case to the Executive Office for Immigration Review. If the file does not
contain a current criminal history (within 90 days), the attorney will not proceed with the
case and inform you of the incomplete record. You will then run the required criminalhistory check so the Office of the Principal Legal Advisor can verify the record and
proceed with the request for relief.
20.2

Cancellation of Removal.

(a) General. Cancellation of removal is a discretionary form of relief that may be granted
to an alien during the course of a removal hearing. A detailed description of cancellation
of removal may be found at INA 240A and 8 CFR 1240.20. Cancellation of removal
applies to aliens placed in removal proceedings after April 1, 1997. Normally,
cancellation of removal can be granted only by an immigration judge or by the Board of
Immigration Appeals. However, a special class of aliens, defined by section 203 of the

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Nicaraguan Adjustment and Central American Relief Act (NACARA), Pub. L. 105-100
is eligible to have cancellation of removal (or suspension of deportation) favorably
adjudicated by an asylum officer. Before IIRIRA became effective, suspension of
deportation was the form of relief very similar to cancellation of removal for
nonpermanent residents. The eligibility criteria for suspension of deportation can be
found at 8 CFR 1240.21. This regulation refers to section 244(a) of the Act, as in effect
prior to April 1, 1997.
(b) Eligibility Criteria. An eligible alien may apply for cancellation of removal on Form
EOIR-42A, Application for Cancellation of Removal for Certain Permanent Residents, or
Form EOIR-42B, Application for Cancellation of Removal and Adjustment of Status for
Certain Nonpermanent Residents. Eligibility criteria for permanent residents may be
found in section 240A(a) of the Act. Eligibility criteria for non-permanent residents may
be found in section 240A(b) of the Act.
(c) Closing Actions. Once a decision to grant cancellation of removal has been rendered,
and that decision becomes final, the case must be closed in DACS. Departure Cleared
Status code B in DACS should be used to close the case.
(1) Cancellation of Removal Denied. If cancellation is denied, and voluntary departure
has not been granted, the deportation officer should proceed with normal removal actions,
including DACS update.
(2) Cancellation Granted to Permanent Resident. If cancellation of removal is granted to a
Lawful Permanent Resident Alien, the alien retains status and the case must be closed in
DACS to reflect the relief granted. Departure Cleared Status code B in DACS should be
used to close the case.
(3) Cancellation Granted to Nonpermanent Resident. If cancellation of removal is granted
to a nonpermanent resident, the alien becomes eligible for adjustment of status and
should be processed accordingly. The Deportation Branch may assist the Examinations
Branch in processing these cases. The case must be closed in DACS to reflect the relief
granted. Departure Cleared Status code B in DACS should be used to close the case.
20.3 Asylum.
Asylum, pursuant to section 208 of the Act, is among the most common forms of relief
sought by aliens who are in removal proceedings. Regulations governing jurisdiction,
filing, employment authorization, and adjudication are found in 8 CFR Part 208. Except
as otherwise provided in section 208(a)(2) of the Act, asylum claims must be filed within
one year of entry into the United States. Asylum claims are ordinarily first adjudicated by
an Asylum officer. However, once an alien is placed into removal proceedings, an initial
asylum claim may also be filed with the immigration judge.
If an alien in custody indicates they would like to apply for asylum, provide them with
Form I-589, Application for Asylum and Withholding of Removal, and supporting forms.

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You are required to advise all aliens of the availability of free legal services. [See
detention standards in Appendix 26-1 of this manual.]
Once an alien is granted asylum by an immigration judge during the course of a removal
hearing, the proceedings are terminated. Once asylum is granted, employment
authorization may be granted pursuant to 8 CFR 274a.12(a)(5). The case must be closed
to reflect the relief granted. Departure Cleared Status code B in DACS should be used to
close the case.
Motions to Reopen or Reconsider. The Service is not prohibited from filing a motion to
reopen or reconsider in accordance with 8 CFR 3.2 (Motions before BIA) and 3.23
(Motions before the Immigration Judge). If conditions change in the country from which
asylum has been granted, there was fraud in the application, or other conditions exist, the
BIA or an immigration judge may terminate the prior grant of asylum (see 8 CFR
208.24).
20.4

Withholding or Deferral of Removal.

(a) General. Other forms of relief, similar to asylum, are withholding of removal and
deferral of removal. Normally, an immigration judge or the Board of Immigration
Appeals makes the decision on withholding or deferral of removal. An alien will be
considered for these forms of relief if the alien has filed Form I-589 for asylum in
removal proceedings.
(b) Withholding of Removal Based on Protected Characteristic in the Refugee
Definition. Section 241(b)(3) of the Act restricts the removal of an alien to a country
where the alien's life or freedom would be threatened because of the alien's race, religion,
nationality, membership in a particular social group, or political opinion. Aliens
convicted of particularly serious crimes both inside and outside of the United States,
aliens deemed to pose a security risk to the United States, and aliens who have
participated in the persecution of others are ineligible for withholding of removal.
(c) Withholding of Removal under the Convention Against Torture. The United States
is obligated to abide by the United Nations Convention Against Torture and Other Cruel,
Inhuman, or Degrading Treatment or Punishment (Convention Against Torture). Section
2242 of the Foreign Affairs Reform and Restructuring Act of 1998, Pub L. 105-277,
provides for how the U.S. will comply with the Convention Against Torture. Under
Article 3 of the Convention Against Torture, the United States has agreed not to return a
person to another state where he or she would be tortured. The regulations regarding
claims under the Convention Against Torture are found at 8 CFR 208.16, 208.17 and
208.18. Aliens under docket control may qualify to apply for withholding under these
regulations. An alien granted withholding of removal may be granted employment
authorization.
(d) Limitations of Withholding of Removal. The following are limitations to this form
of relief:

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(1) Removal to Third Country. Withholding of removal is country specific. There is no
prohibition on removing an alien to a third country where the alien would be safe from
persecution or torture.
(2) Does Not Qualify an Alien for Adjustment of Status. There is no provision for an
alien who has been granted withholding of removal to adjust status to that of a Lawful
Permanent Resident based on the grant.
(3) Motions to Reopen or Reconsider. The Service is not prohibited from filing a motion
to reopen or reconsider in accordance with 8 CFR 3.2 (Motions before BIA) and 3.23
(Motions before the Immigration Judge). If conditions change in the country to which
withholding of removal has been granted, there was fraud in the application, or other
conditions exist, the BIA or an immigration judge may terminate withholding previously
granted by an immigration judge (see 8 CFR 208.24).
(e) Deferral of Removal under the Convention Against Torture can be found in 8 CFR
208.17. An alien who is ineligible for withholding of removal because of criminal
activity, security reasons or persecution of others, may be granted deferral of removal to
the country where it is more likely than not the alien would be tortured. There is no
prohibition on removing an alien to a third country where the alien would be safe from
torture. Deferral of removal does not negate or limit the application of law, regulation, or
policy relating to the detention of the alien.
Adjustment of status is not available to an alien granted deferral of removal. Deferral of
Removal may be terminated in accordance with 8 CFR 208.17(d), 8 CFR 208.17(f) and 8
CFR 208.18(c). The alien can request that deferral be terminated under 8 CFR 208.17(e).
20.5

Private Bills.

This subject is discussed in detail in Chapter 23 of the Special Agent's Field Manual.
20.6

Restoration or Adjustment of Status and Waivers.

(a) General. If an alien is granted adjustment of status or relief by an immigration
judge, the Deportation Branch must close the case in DACS. Departure cleared status B
should be used to close these cases. Depending on local office policy, deportation officers
may assist in further processing of the alien for an alien registration card if applicable.
(b) Adjustment of Status. Some aliens in or subject to removal proceedings may seek
relief from deportation through adjustment of status to permanent residency. Such
adjustment may be granted by an immigration judge during the course of removal
proceedings. Additionally, actual commencement of removal proceedings may be
deferred by the arresting or processing officer where it appears the alien may be entitled
to some form of relief. Section 245 of the Act is the principal authority for adjustment of
status to permanent resident. Occasionally, adjustment may be granted pursuant to
section 249 of the Act, Creation of Records of Lawful Admission for Permanent

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Residence, or one of several other special adjustment provisions set by Congress from
time to time.
Not all aliens, even those with an approved visa petition, are eligible for adjustment. If an
alien has an approved visa petition, but no visa number is available, he or she may not
apply for adjustment. Section 204(a) of the Act specifies those aliens who have
immediate relative status, as well as those with preference status. Categories of those who
are not eligible are described in detail within section 245 of the Act. Each of the other
special provisions also has specific conditions and restrictions.
(c) Discretionary Waivers Which May Apply in Removal Proceedings. An alien in
removal proceedings may apply for certain waivers which overcome the grounds for
removal. Section 237 of the Act contains the terms and conditions of waivers which
apply to certain classes of deportable aliens. Section 212 of the Act contains the terms
and conditions of waivers which apply to certain classes of aliens who are inadmissible or
were inadmissible at time of entry or adjustment of status.
(d) Reinstatement to Status and Change of Status. In some instances, an alien who has
fallen out of status may be eligible for reinstatement to his or her original status or may
be eligible for a change to another nonimmigrant status. Questions regarding such matters
should be referred to the local Examinations Branch for consideration.
(e) Temporary Protected Status (TPS). Section 244 of the Act provides for "Temporary
Protected Status" for nationals of countries designated by the Attorney General, based on
natural disasters, civil unrest, etc. Section 20.9 of this chapter contains more information
on TPS. Also, you may want to view the information on TPS found at
http://www.immigration.gov/graphics/services/tps_inter.htm.
20.7

Stay of Deportation or Removal.

(a) General. A stay of deportation or removal reflects an administrative decision by the
Service or a reviewing body that removal against an alien should not proceed. It may be
granted after the completion of a removal proceeding when the only remaining step in a
case is the physical removal of the alien. A stay of deportation or removal is not
considered an immigration benefit or waiver because it only bestows temporary relief
from removal upon the alien.
(b) Stays Granted by the Service. If a final order has been entered based on
deportability, the District Director has wide discretion to grant a stay of deportation or
removal. If the final order has been entered against an inadmissible arriving alien, the
District Director may stay immediate execution of the order as explained in 20.7(b)(2)
below.
(1) Deportable Aliens Ordered Removed. When there are compelling humanitarian
factors, or when a stay is deemed to be in the interest of the government, a District
Director may grant a stay of deportation or removal for such period of time and under

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such conditions as he or she deems necessary. A stay of deportation or removal under this
paragraph may also be granted by a District Director upon his or her own initiative
without application being made by the alien. The detention rules found at 8 CFR Part 241
are applicable to a deportable alien granted a stay of deportation or removal.
(2) Inadmissible Arriving Aliens Ordered Removed. Section 241(c)(2) of the Act allows
the Attorney General to stay the removal of an alien arriving at a port of entry. However,
a stay of removal under this section requires a determination either that immediate
removal is not practicable or proper, or the alien is needed to testify in the prosecution of
another person in a criminal trial. Aliens granted a stay because their removal is
impracticable or improper must be detained. Aliens who are granted a stay to testify in a
criminal prosecution, however, may be released if certain conditions are met. The alien
must post a bond of at least $500, must agree to appear when required to testify and for
removal, and must agree to any other conditions prescribed by the Attorney General.
(c) Stays for Appeals or Judicial Review. Timely filed requests for post hearing
reviews may stay removal depending on the case. However, the District Director may, in
his or her discretion, remove an alien who has filed an untimely appeal, unless the court,
an immigration judge, or the BIA has affirmatively stayed removal.
(1) Appeals to the Board of Immigration Appeals (BIA). Under 8 CFR 3.6, the timely
filing of an appeal of a decision by the Immigration Court will operate as an automatic
stay. This applies to appeals of all decisions by the Immigration Court except an appeal
of a denial of a motion reopen or reconsider or denial of a request for a stay of
deportation or removal. The Service shall take all reasonable steps to comply with a stay
granted by an immigration judge or the BIA. However, such a stay shall cease to have
effect if granted (or communicated) after the alien has been placed aboard an aircraft or
other conveyance for removal and the normal boarding has been completed. See 8 CFR
241.6(c).
(2) Requests for Judicial Review. The filing of a petition seeking review in federal court
does not stay the removal of an alien unless the reviewing court affirmatively orders a
stay. See 8 CFR 241.3 and section 242(b)(3)(B) of the Act.
(3) Motions to Reopen or Reconsider. The filing of a motion to reopen or motion to
reconsider before the Immigration Court or BIA does not operate as an automatic stay of
deportation or removal, unless the removal order was issued in absentia. See 8 CFR
1003.2(f) and 8 CFR 1003.23(b)(1)(v).
(d) Injunctive Relief from Removal. In conjunction with other proceedings, a U.S.
District Court Judge or other judge will sometimes issue an order that prohibits a Service
action. On occasion the removal of an alien or class of aliens will be stayed by a
temporary restraining order or an injunction. A temporary restraining order is an
emergency remedy of short duration. There are many kinds of injunctions and the period
of time covered by an injunction may vary. Close communication with the United States

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Attorney and the Office of General Counsel through your District Counsels office is
essential to insure compliance with the order of the court.
(e) Adjudication and Decision. Title 8 CFR 241.6 governs administrative stays of
removal. An alien ordered removed may apply for a stay of deportation or removal on
Form I-246, Application for Stay of Deportation or Removal. The application for
administrative stay of removal should be filed with the District Director having
jurisdiction over where the alien resides. There are a multitude of reasons for filing for a
stay. Common reasons include the need for urgent medical treatment, disposition of
property, and unrelated legal proceedings. The adjudication of a stay of deportation or
removal is often delegated to a deportation officer. Care should be exercised to verify any
claimed facts, such as serious medical problems, etc. The decision of the District Director
is final and may not be appealed administratively. Neither the filing of the application
request nor the failure to receive notice of disposition of the request shall delay removal
or relieve the alien from strict compliance with any outstanding notice to surrender for
deportation or removal.
(f) Employment Authorization. There is no statutory or regulatory authority to grant
employment authorization to an alien based on a grant of a stay of deportation or
removal.
20.8 Deferred Action.
(a) General. A District Director may, in his or her discretion, recommend deferral of
(removal) action, an act of administrative choice to give some cases lower priority and in
no way an entitlement, in appropriate cases. The deferred action category recognizes that
the Service has limited enforcement resources and that every attempt should be made
administratively to utilize these resources in a manner which will achieve the greatest
impact under the immigration laws. In making deferred action determinations, the factors
listed in paragraph (b), among others, should be considered.
Deferred action does not confer any immigration status upon an alien, nor is it in any way
a reflection of an alien's immigration status. It does not affect periods of unlawful
presence as defined in section 212(a)(9) of the Act, and does not alter the status of any
alien who is present in the United States without being inspected and admitted. Under no
circumstances does deferred action operate to cure any defect in status under any section
of the Act for any purpose. Since deferred action is not an immigration status, no alien
has the right to deferred action. It is used solely in the discretion of the Service and
confers no protection or benefit upon an alien. Deferred action does not preclude the
Service from commencing removal proceedings at any time against an alien. Any request
by an alien (or another party on behalf of such alien) for deferred action should be
considered in the same manner as other correspondence. The alien should be advised that
he or she may not apply for deferred action, but that the Service will review the facts
presented and consider deferred action as well as any other appropriate course of action.

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(b) Factors to be Considered. The following factors, among others, should be
evaluated as part of a deferred action determination:
(1) The Likelihood That the Service Will Ultimately Remove the Alien Based on Factors
Including:
likelihood that the alien will depart without formal proceedings (e.g., minor child who
will accompany deportable parents);
age or physical condition affecting ability to travel;
the likelihood that another country will accept the alien;
the likelihood that the alien will be able to qualify for some form of relief which
would prevent or indefinitely delay removal.
(2) Sympathetic Factors: The presence of sympathetic factors which, because of a desire
on the part of administrative or judicial authorities to reach a favorable decision, could
result in a distortion of the law with unfavorable implications for future cases.
(3) Priority Given to a Class of Deportable Aliens: Whether or not the individual is a
member of a class of deportable aliens whose removal has been given a high enforcement
priority (e.g., dangerous criminals, alien smugglers, drug traffickers, terrorists, war
criminals, habitual immigration violators).
(4) Service Cooperation with Other Agencies: Whether the alien's continued presence in
the U.S. is desired by local, state, or federal law enforcement authorities for purposes of
ongoing criminal or civil investigation or prosecution.
(c) Procedures. Normally a decision to recommend deferred action is made by the
District Director, but in limited circumstances, the decision may be made by the Eastern
Service Center Director.
(1) District Director. If the District Director recommends that removal action in an alien's
case be deferred, the Director shall advise the Regional Director of such recommendation
using Form G-312, Deferred Action Case Summary. The District Director shall sign the
recommendation and shall explain the basis for his or her recommendation. The Regional
Director shall consider the recommendation and determine whether further action on the
alien's case should be deferred. The decision whether or not to defer action shall be
communicated in writing by the Regional Director to the District Director. Upon receipt
of notification of deferral by the Regional Director, the District Director shall notify the
applicant, by letter, of the action taken and advise the alien that he or she may apply for
employment authorization in accordance with 8 CFR 274a.12(c)(14). A decision not to
defer action in such a case does not need to be separately communicated to the alien.

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(2) Center Director (Eastern). In limited circumstances, Eastern Service Center Director
may defer action on removal of an alien. Upon approval of an Form I-360 petition by a
battered or abused spouse or child in his or her own behalf, the director shall separately
consider the particular facts of each case and determine if deferred action is appropriate.
Although the approval of such a petition will weigh in favor of deferred action, each
decision must be considered individually, based on all the facts present and the factors
discussed above. Upon deferral of action, the Center Director shall advise the alien, by
letter, of the action taken and advise him or her of eligibility to request employment
authorization. A decision not to defer action in such a case does not need to be separately
communicated to the alien. Upon deferral of removal action, the Center Director shall
include a copy of the G-312 in the alien's A-file and forward the file to the local Service
office having jurisdiction over the alien's residence for docket control.
(d) Employment Authorization. Although deferred action is not an immigration status,
an alien may be granted work authorization based on deferred action in his or her case,
pursuant to 8 CFR 274a.12(c)(14).
(e) Periodic Review. Interim or biennial reviews should be conducted by both District
and Regional Directors to determine whether deferred action cases should be continued
or the alien removed from the deferred action category. District reviews must determine
if there is any change in the circumstances of the case and report any pertinent facts to the
Regional Director. Results of the review and a recommendation to continue or terminate
deferred action shall be reported to the Regional Director via memorandum. The
Regional Director shall endorse the memorandum with his or her decision and return it to
the District Director for inclusion in the alien's file.
District Directors must also review deferred action cases within their jurisdiction which
were originally granted by the Eastern Service Center Director. Changed circumstances
in such cases must be reported to the Center Director for consideration of terminating the
deferred action.
Regions should compare statistics among their districts to ensure consistent application of
this highly sensitive program.
(f) Termination of Deferred Action. During the course of the periodic review, or at any
other time if the District Director determines that circumstances of the case no longer
warrant deferred action, he or she shall notify the Regional Director of the changed
circumstances and recommend termination. The Regional Director shall determine if the
deferred action should be terminated and notify the District Director of the decision. The
District Director shall, in turn, notify the alien of the decision by letter. The alien is not
entitled to an appeal of this decision. The Eastern Service Center Director may also
terminate deferred action in any case he or she originally granted. If the Eastern Service
Center Director terminates deferred action, he or she must report the decision to the
Regional Director and to the appropriate District Director.

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Upon termination of deferred action, any relating employment authorization must be
revoked.
20.9 Exercising Discretion.
(a) Distinguishing Prosecutorial from Adjudicative Discretion. In the course of their
duties, Service officers are likely to encounter a variety of situations in which they may
be called upon to make discretionary decisions. The legal requirements, and the available
scope of discretion, will depend upon the type of discretionary decision being made.
There are two general types of discretion: prosecutorial (or enforcement) discretion, and
adjudicative discretion.
Prosecutorial discretion is a decision by an agency charged with enforcing the law to
enforce, or not enforce, the law against someone. To put it another way, a prosecutorial
decision is a choice whether to exercise the coercive power of the state in order to deprive
an individual of a liberty or property interest, under a law that provides the agency with
authority to take such an action. The term "prosecutorial" can be deceptive, because the
scope of decisions covered by this doctrine include decisions, such as whether to arrest a
suspected violator, other than the specifically "prosecutorial" decision whether to file
legal charges against someone. Adjudicative discretion, by contrast, involves the
affirmative decision whether to grant a benefit under adjudicative standards and
procedures provided by statute, regulation or policy that provide the agency with a
measure of discretion in determining whether to provide the benefit.
The distinction between the discretion exercised in an adjudicative decision regarding an
affirmative grant of a benefit and a prosecutorial decision is a fundamental one; yet, it is
sometimes blurred and difficult to determine in the immigration context. Some decisions
that may, on their face, look like a benefit grant -- such as an INS stay of removal or
grant of deferred action -- really are just mechanisms for formalizing an exercise of
prosecutorial discretion. Others, such as voluntary departure, include elements of both
"benefit" and enforcement. Many proceedings combine both adjudicative and
prosecutorial discretion, such as a removal proceeding in which an asylum application,
adjustment of status, or a request for cancellation of removal, is at issue. Officers who are
in doubt about what standards may apply to a decision because of uncertainty about what
type of discretion is involved should consult their supervisor and/or Service counsel.
Service enforcement decisions involving prosecutorial discretion may involve either a
liberty or a property interest. Decisions involving a liberty interest that are likely to be
relevant to a deportation officer's duties include:
whom to arrest;
whom to refer for criminal prosecution;

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whether or not to put an alien in removal proceedings, as opposed to or offering some
lesser consequence of his or her immigration violation such as voluntary departure or
voluntary return, or simply not pursuing the matter further;
whether to place an alien in detention (but note that detention discretion has been
limited by statute, such as section 236(c) of the Act) and
whether to execute an order of removal.
INS prosecutorial decisions involving property interests include whether to seek a carrier
fine, civil document fraud or employer sanctions money penalty, or forfeiture against
INA violators.
Adjudicative discretion, on the other hand, is exercised in certain specific types of benefit
applications such as:
adjustment of status;
change of nonimmigrant status;
extension of nonimmigrant stay;
asylum;
cancellation of removal;
voluntary departure
certain employment authorization requests; and
various waivers of inadmissibility.
Such discretionary action is specifically provided in statute or regulation for these cases.
Other types of adjudicative actions, such as visa petitions, may not have any discretionary
component.
(b) Exercising Prosecutorial Discretion. The "discretion" in prosecutorial discretion
means that prosecutorial decisions are not subject to review or reversal by the courts,
except in extremely narrow circumstances. For this reason, it is a powerful tool that must
be used responsibly. Because the Service has only limited resources, decisions must
regularly be made concerning which cases are the most appropriate use of these
resources. INS officers are not only authorized by law but also expected to exercise
discretion in a judicious manner at all stages of the enforcement process -- from planning
investigations to enforcing final orders -- subject to their chains of command and to the
particular responsibilities and authorities applicable to their specific position. Decisions
whether or not to initiate removal cases or take other enforcement action must be made

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consistently and the officer must be able to articulate their reasoning behind their actions.
Each exercise of prosecutorial discretion must consider the individual facts of the case.
Arbitrary application of enforcement tools must be avoided.
For a legal opinion on the exercise and limitations of prosecutorial discretion within the
Service, see the Special Agent's Field Manual Appendix 14-5. A memorandum from the
Commissioner, dated Nov. 17, 2000, also discusses prosecutorial discretion (see Special
Agent's Field Manual Appendix 14-6).
(c) Exercising Adjudicative Discretion. Each type of adjudicative benefit has specific
eligibility requirements and includes certain restrictions. Individuals denied some benefits
(such as asylum) as a result of a discretionary decision by the Service might have further
opportunities for review of the decision, while other discretionary decisions (such as
denial of employment authorization) may not be subject to appeal. In an adjudicative
decision involving an exercise of discretion, the criteria that should be applied may be
found in precedent decisions or in Service regulations. These regulations and decisions
should always be consulted for guidance. Whenever an adverse adjudicative decision
involving an exercise of discretion is made, the grounds for such denial must be given in
the notice of denial. Failure to do so may result in judicial review premised on an abuse
of discretion. [See Jarecha v. INS, 417 F. 2nd 220 (5th Cir. 1979).] (Revised DD00-06)
20.10 Temporary Protected Status vs. Deferred Enforced Departure.
Section 244 of the INA contains information concerning Temporary Protected Status
(TPS). The Attorney General of the United States, after consultation with appropriate
agencies of the Government, may designate nationals of any foreign state (or a part of
such foreign state) as deserving of TPS. In addition to nationals, the Attorney General
may also include aliens who have no nationality but last resided in the designated foreign
state. Aliens who have been granted TPS may not be removed from the United States
during the designated protected period and qualify for work authorization. The initial
period of designation is not less than 6 months and not more than 18 months. At least 60
days prior to the expiration of the designated period, the Attorney General must review
the conditions of the designated state to determine if TPS is still warranted. Extensions of
TPS designations normally are in 6 to 18 month increments at the Attorney Generals
discretion. Applications for TPS are made on Form I-821.
(a) Conditions that may warrant TPS designation for a particular state. The Attorney
General may grant TPS if there is an on-going armed conflict within the state that may
cause harm to aliens that are returned to that state. Earthquakes, floods, droughts,
epidemics or other environmental disasters that would result in temporary, but
substantial, disruptions of living conditions may result in TPS designations. A foreign
state being temporarily unable to handle the return of nationals of that state may also
result in a designation. Granting a TPS designation to a particular state must not be
contrary to the interests of the United States.

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(b) TPS Impact on Removals. Aliens who have registered for TPS may not be removed
from the United States. Denial of TPS benefits results in the continuation of the removal
process. Aliens who have been granted TPS benefits receive an automatic stay of removal
and cannot be removed until the expiration of the designated removal period. A grant of
TPS does not affect the detention status of an alien who is subject to mandatory
detention; however, it should be considered when determining the custody of an alien
who may be releasable. Aliens who are in removal proceedings normally have their case
administratively closed. The decision screen in DACS should be updated but the case
remains open under docket control.
(c) Deferred Enforced Departure (DED). Unlike TPS, DED is not statutory and
emanates from the United States Presidents constitutional powers to conduct foreign
relations. TPS may be granted by the Attorney General but DED must come from the
President in the form of an Executive Order. Presidential orders of DED are published in
the Federal Register. Aliens who have been granted DED are normally granted work
authorization per 8 CFR 274A.12(A)(11). Aliens who have been granted DED may not
be removed from the United States until the designated period of DED has expired. If an
alien falls under the protection of DED, the comment screen in DACS should be updated.

20.11 Nicaraguan Adjustment and Central American Relief Act (NACARA) and
Haitian Refugee Immigration Fairness Act (HRIFA).
(a) Nicaraguan Adjustment and Central American Relief Act (NACARA). The
NACARA amending the INA through Public Law 105-100 was signed into law on
November 19, 1997. It provides various immigration benefits and relief from removal to
certain Central Americans, Cubans and nationals of former Soviet bloc countries.
Specifically, the law provides that eligible Nicaraguans or Cubans can be considered for
adjustment of status to that of a permanent resident alien. Additionally, certain
Guatemalans, Salvadorans and nationals of former Soviet bloc countries were eligible to
apply for suspension of deportation or special rule cancellation of removal under the
criteria that existed for suspension of deportation prior to the enactment of IIRIRA.
(b) Nicaraguans and Cubans eligible for adjustment to lawful permanent residence
(LPR). Nicaraguans or Cubans who could establish they had been physically present in
the United States for a continuous period beginning not later than December 1, 1995, and
ending not earlier than the date the application for adjustment is granted, and who were
not inadmissible to the United States under any provision of Section 212(a) of the INA
except paragraphs (4), (5), (6)(A), (7)(A) and (9)(B), could apply for adjustment of status
to that of an LPR. See 8 CFR 245.13(a). A spouse, minor child, or unmarried son or
daughter of an eligible principal beneficiary may also apply for benefits as a dependent
provided the qualifying relationship existed when the principal beneficiary was granted
adjustment of status. Under 8 CFR 245.13(c), certain waivers of inadmissibility may be
available to aliens who are otherwise inadmissible under section of 212 of the Act, if
applicable, in accordance with 8 CFR 212.7. Pursuant to 8 CFR 245.13(c)(2), a

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regulatory waiver may be available to aliens who are inadmissible under sections
212(a)(9)(A) and 212(a)(9)(C) of the Act.
(c) Benefits for Guatemalans, Salvadorans. In order to be eligible for suspension of
deportation or special rule cancellation of removal, Guatemalans and Salvadorans must
demonstrate that they were ABC class members who had not been apprehended at the
time of entry after December 19, 1990, or who filed an application for asylum on or
before April 1, 1990, either by filing an application with the Service or filing the
application with the Immigration Court and serving a copy of that application on the
Service. In addition, the applicant shall not have been convicted of an aggravated felony.
Such a qualifying alien may apply for special rule cancellation of removal by the process
discussed below.
(d) Former Soviet Bloc Nationals. Aliens who have not been convicted of a aggravated
felony, and who entered the United States on or before December 31, 1990, applied for
asylum on or before December 31, 1991, and, at the time of filing the asylum application,
were nationals of the Soviet Union, Russia, any republic of the former Soviet Union,
Latvia, Estonia, Lithuania, Poland, Czechoslovakia, Romania, Hungary, Bulgaria,
Albania, East Germany, Yugoslavia or any former state of Yugoslavia, may apply for
special rule cancellation of removal by the process discussed section 20.11(e).
(e) Application Process for Special Rule Cancellation of Removal. Special rule
cancellation of removal is adjudicated under the same standards that existed for
suspension of deportation prior to enactment of IIRIRA. In order to be eligible, an alien
may not have been convicted of an aggravated felony. A principal applicant for special
rule cancellation of removal (an alien described in paragraphs (a)(1) or (a)(2) of 8 CFR
240.61) shall be presumed to have established that deportation or removal from the
United States would result in extreme hardship to the applicant or to a qualifying relative.
See 8 CFR 240.64(d). The Service can rebut the presumption of extreme hardship by
proving that it is more likely than not that neither the applicant nor a qualifying relative
would suffer extreme hardship if the applicant were deported or removed from the United
States. See 8 CFR 240.64(d)(2) and (3). Where an application is filed with the Service, if
the presumption of hardship is rebutted, the application can be dismissed and the case can
be referred to the Immigration Court where the applicant can have another review of the
application. If the Immigration Court determines that extreme hardship will not result
from deportation or removal from the United States, the application will be denied. The
applicant has the burden of also proving that he or she has been continuously physically
present in the United States for a period of not less than 7 years immediately preceding
the date the application was filed, and that s/he has been a person of good moral character
during that period.
(f) Derivative Applicants for Special Rule Cancellation of Removal. An alien who is
the spouse, child, or unmarried son or daughter of an individual described in 8 CFR
240.61(a)(1), (2), or (3), at the time a decision is made to suspend the deportation or
cancel the removal of that individual may also apply for suspension of deportation or
special rule cancellation of removal. Such derivative applicants do not get the

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presumption of extreme hardship, and accordingly have the burden of proving that their
deportation or removal would result in extreme hardship to themselves or to a qualifying
relative. The applicant has the burden of also proving that he or she has been
continuously physically present in the untied States for a period of not less than 7 years
immediately preceding the date the application was filed, and that s/he has been a person
of good moral character during that period.
(g) Detention and Removal actions regarding NACARA applicants. Although the
deadline for filing the applications expired on March 31, 2000, 8 CFR 3.43 allowed
certain aliens to file a motion to reopen under section 203(c) of Public Law 105-100. The
deadline for filing the motions to reopen expired on June 19, 2001. Regardless of the
expired deadlines, you may encounter aliens who still have pending applications for
benefits under NACARA. If you encounter an alien who claims to have a NACARA
application pending you should check all applicable Service databases to determine
whether the application is still pending. In addition, criminal record checks must be
conducted to determine if the alien is subject to mandatory detention. If the alien has no
criminal record and the NACARA application is still pending, s/he should not be
detained. The following are three scenarios involving aliens whose applications have
been denied and the actions that should be taken in each case:
(1) Removal proceedings have never been initiated. In this case, the aliens application has
been denied and the alien should be referred to Investigations for the processing of a
Form I-862, Notice to Appear.
(2) Removal proceedings were initiated at one time but were administratively closed to
allow the alien an opportunity to apply for NACARA benefits. The Service should file a
motion to recalendar with the Immigration Court to allow the hearing process to continue.
Custody determinations should be made on each case individually using existing custody
determination guidelines and the guidance found in the December 18, 1997 memorandum
signed by the Executive Associate Commissioner, Office of Field Operations. See
Interim Guidance Nicaraguan Adjustment and Central American Relief Act.
(3) The alien has a pre-existing Order of Removal that was held in abeyance due to the
NACARA application. Custody determinations should be made on a case-by-case basis
utilizing existing custody determination guidelines and the guidance found in the
December 18, 1997 memorandum signed by the Executive Associate Commissioner,
Office of Field Operations. The Service must complete a Form I-290(c) and serve it on
the Immigration Court. The court will make the determination if the NACARA benefit
was properly denied. If the court determines the benefit was properly denied, the removal
actions may proceed. If the determination is made that the denial was not proper, the
court will adjudicate the application.
Aliens who had been ordered deported were eligible to apply for adjustment under the
NACARA. The filing of an application automatically held the removal of the alien in
abeyance. If an alien was a mandatory detention case, the filing of the application did not
affect the aliens custody.

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Additional information about NACARA 203 rules may be found in 8 CFR 240.60 and 8
CFR 3.43. If questions arise involving NACARA applicants, consult the District
Counsels office or the Examinations branch.
(h) Haitian Refugee Immigration Fairness Act (HRIFA). The HRIFA became law on
October 21, 1998, under Public Law L. 105-277. Division A, Title IX of the law dealt
specifically with HRIFA. Section 902 of the HRIFA provided for the adjustment of status
to that of lawful permanent resident for certain Haitians. Haitians wishing to apply for
adjustment of status under HRIFA must have submitted their applications on Form I-485,
Application to Register Permanent Residence or Adjust Status using I-485 Supplement C,
HRIFA Supplement to Form I-485 Instructions, prior to March 31, 2000. Although the
deadline has passed, officers may still encounter Haitians who have applications pending
for this relief.
(i) Detention and Removal actions regarding applicants for benefits under HRIFA. The
removal of Haitians who were clearly eligible for adjustment under HRIFA was held in
abeyance. Officers encountering aliens who claim to have a HRIFA application pending
should check all applicable Service databases to determine whether the application is still
pending. In addition, criminal record checks must be conducted to determine if the alien
is subject to mandatory detention. If the alien has no criminal record and the HRIFA
application is still pending, s/he should not be detained. The following are three scenarios
involving aliens whose applications have been denied and the actions that should be
taken in each case:
(1) Removal proceedings have never been initiated. In this case, the aliens application has
been denied and the alien should be referred to Investigations for the processing of a
Form I-862, Notice to Appear.
(2) Removal proceedings were initiated at one time but were administratively closed to
allow the alien an opportunity to apply for HRIFA benefits. The Service should file a
motion to recalendar with the Immigration Court to allow the hearing process to continue.
Custody determinations should be made on each case individually using existing custody
determination guidelines and the guidance found in the December 22, 1998 memorandum
signed by the Executive Associate Commissioner, Office of Field Operations. See
Interim Guidance Haitian Refugee Immigration Fairness Act of 1998 (HRIFA).
(3) The alien has a pre-existing Order of Removal that was held in abeyance due to the
HRIFA application. Custody determinations should be made on a case-by-case basis
utilizing existing custody determination guidelines and the guidance found in the
December 22, 1998, memorandum signed by the Executive Associate Commissioner,
Office of Field Operations. The Service completes a Form I-290(c) in order to certify the
denial of HRIFA benefits to the Immigration Court. The court then determines whether
HRIFA adjustment was properly denied.
The filing of an application automatically held the removal of the alien in abeyance. If an
alien was a mandatory detention case, the filing of the application did not affect the aliens

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custody. Additional information about HRIFA rules may be found in Section 902 of the
HRIFA and 8 CFR 245.15. If questions arise involving HRIFA applicants, consult the
District Counsels office or the Examinations branch.
20.12

Voluntary Departure.

Voluntary departure may be granted by the INS or an immigration judge under the
conditions specified in section 240B of the Immigration and Nationality Act. See Chapter
13 of this Manual for an explanation of voluntary departure.

Chapter 21

Legal Proceedings

21.1

Executive Office for Immigration Review (EOIR)

21.2

Board of Immigration Appeals (BIA)

21.3

Immigration Courts

21.4

Relief from Removal

21.5

Motions to Reopen; Motions to Reconsider

21.6

Motions to Recalendar

21.7

Stays of Removal

21.8

Office of Immigration Litigation

21.9

Federal Court Procedures

References:
INA: 101(b)(4), 208, 235, 236, 240, 240B, 242
Regulations: 8 CFR 3, 103.5, 208, 235, 236, 240, 241
Other: BIA Practice Manual
21.1

Executive Office for Immigration Review (EOIR)

(a) EOIR Introduction. The Executive Office for Immigration Review (EOIR) was
created on January 9, 1983, through an internal Department of Justice (DOJ)
reorganization that combined the Board of Immigration Appeals (BIA) with the
immigration judge function previously performed by the Immigration and Naturalization
Service (INS). In addition to establishing EOIR as a separate agency within DOJ, this

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reorganization made the immigration courts independent of the INS, the agency charged
with enforcement of federal immigration laws.
EOIRs Office of the Chief Immigration Judge supervises 209 immigration judges located
in 51 courts throughout the United States. Eighteen of the 51 immigration courts are
located in either detention centers or prisons. Additionally, immigration judges travel to
more than 100 other hearing locations to conduct proceedings. At each proceeding, a trial
attorney represents the United States government, while the respondent alien appears on
his or her own behalf or retains an attorney at no expense to the government. An
immigration judge decides if the alien is removable as charged. An immigration judges
decision is administratively final, unless appealed or certified to the BIA.
The BIA, located in Falls Church, VA, conducts appellate review of decisions rendered
by immigration judges. Another EOIR component, the Office of the Chief Administrative
Hearing Officer (OCAHO), resolves cases concerning employer sanctions, immigrationrelated employment discrimination and document fraud. For additional information, refer
to the EOIR website at: www.usdoj.gov/eoir
(b) EOIR Process. Aliens charged with violating the immigration laws are issued a Notice
to Appear (NTA). During court proceedings, aliens appear before an immigration judge
and either contest or concede the charges. During some proceedings, the judge may
adjourn and set a continuance date for various reasons, such as allowing the alien time to
obtain representation or to file an application for relief. After hearing the case, the judge
renders a decision. Proceedings may also be adjourned for other reasons, such as
administrative closures and changes of venue.
Additionally, immigration judges consider other matters, such as bonds and motions. If
detained, the alien may be required to post a bond before release. If the alien disagrees
with the bond amount set, the alien has the right to ask an immigration judge to
redetermine the bond amount. During bond redetermination hearings, judges may decide
to raise, lower, or maintain the original bond amount. In some cases, the judge will
eliminate the bond completely, or change any of the bond conditions over which the
immigration court has authority. Aliens may also request by motion the reopening or
reconsideration of a case previously heard by an immigration judge. Generally, aliens file
such motions because of changed circumstances. Denial of a motion may be appealed to
the BIA or to the federal courts. The Government may also file motions to reopen or
reconsider a case.
21.2 Board of Immigration Appeals (BIA)
(a) Role. The Board of Immigration Appeals is the highest administrative tribunal on
immigration matters in the United States. The BIA is responsible for applying the
immigration and nationality laws uniformly throughout the United States. Accordingly,
the BIA has been given nationwide jurisdiction to review the orders of immigration
judges and certain other decisions described in 8 CFR 1003.1, and to provide guidance to
the immigration judges, and others, through published decisions. The BIA is tasked to

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resolve the questions before it in a manner that is impartial and consistent with the
Immigration and Nationality Act and regulations, and to provide clear and uniform
guidance for immigration officers, immigration judges, and the general public on the
proper interpretation and administration of the Act and its implementing regulations. [See
8 CFR 1003.1(d)(1).]
The BIA is also responsible for the recognition of organizations and the accreditation of
representatives wishing to appear before the INS, the Immigration Courts, and the BIA.
(b) Location within the federal government. The BIA is a component of the EOIR and,
along with the Office of the Chief Immigration Judge (OCIJ) and the OCAHO, operates
under the supervision of the Director of the Executive Office for Immigration Review,
within the Department of Justice. [See 8 CFR 1003.0(a) and 1003.1.]
(c) Relationship to the Immigration Courts. The OCIJ oversees the administration of the
Immigration Courts nationwide and exercises administrative supervision over
immigration judges. The immigration judges, as independent adjudicators, make
determinations of removability, deportability, and inadmissibility, and adjudicate
applications for relief. The BIA, in turn, reviews the decisions of the Immigration Courts.
The decisions of the BIA are binding on the Immigration Courts, unless modified or
overruled by the Attorney General or a federal court.
(d) Jurisdiction. The BIA generally has the authority to review appeals from the
following:
decisions of immigration judges in removal, deportation, and exclusion proceedings
(with some limitations on decisions involving voluntary departure, pursuant to 8 CFR
1003.1(b)(1)-(3));
decisions of immigration judges pertaining to various forms of relief from removal or
deportation identified at 8 CFR 1003.1(b);
decisions of immigration judges on motions to reopen in absentia proceedings;
some decisions pertaining to bond as provided in 8 CFR 236, subpart A;
decisions on family-based immigrant petitions, the revocation of family-based
immigrant petitions, and the revalidation of family-based immigrant petitions (except
orphan petitions);
decisions regarding waivers of inadmissibility for nonimmigrants under section
212(d)(3) of the Act;
decisions of immigration judges in rescission of adjustment of status cases, as
provided in 8 CFR Part 246.

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(e) Scope of review. The BIA may review questions of law, discretion, and judgment in
appeals of immigration judge decisions de novo. The BIA does not engage in de novo
review of facts in appeals of immigration judge decisions. The BIA reviews immigration
judges findings of fact, including findings as to credibility, only to determine whether the
findings of fact are clearly erroneous. The BIA may review all issues arising in appeals
from immigration officer decisions de novo. [See 8 CFR 1003.1(d)(3)].
21.3 Immigration Courts
(a) Immigration Court Decisions. As a general matter, immigration judges decide issues
of removability, deportability, and admissibility, and adjudicate applications for relief.
The BIA has broad authority to review the decisions of immigration judges. See 8 CFR
1003.1(b). While the Immigration Courts and the BIA are both components of the
Executive Office for Immigration Review, the two are separate and distinct entities.
Thus, administrative supervision of immigration judges is vested in the Office of the
Chief Immigration Judge, not the BIA.
After a hearing, the immigration judge will either render an oral decision or reserve the
decision and issue it at a later date. Decisions may include a determination on whether the
Government should remove the alien from the United States or whether the alien is to be
granted relief.
During immigration court proceedings, some aliens are represented by a private attorney
or an authorized representative while others represent themselves. Before representing an
alien, attorneys or accredited representatives must file a Notice of Appearance, Form
EOIR-28 with the Immigration Court. For those aliens without counsel, the immigration
judge will explain their rights.
(b) Failures to Appear. When an alien fails to appear (FTA) for a hearing, an immigration
judge will usually conduct an in absentia (in absence of) hearing and order the alien
removed from the United States. Before an immigration judge orders the alien removed
in absentia, the trial attorney must establish by clear, unequivocal, and convincing
evidence that proper notice of the hearing was provided to the alien and that the alien is
removable.
21.4 Relief from Removal
There are various forms of relief from removal for which aliens may apply. For a general
overview of the various forms of relief from removal see Chapter 20 of this field manual.
21.5 Motions to Reopen; Motions to Reconsider
(a) Form and filing requirements. There is no official form for filing a motion before the
BIA. Motions should not be filed on a Notice of Appeal, Form EOIR-26, which is used
exclusively for the filing of appeals. Motions and supporting documents must comply
with the general rules and procedures for filing. These are described in the BIA Practice

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Manual, Chapter 5.2(b). The BIA prefers that motions and supporting documents be
assembled in a certain order. See BIA Practice Manual, Chapter 3.3(c)(i)(B).
(b) Motion to reopen. A motion to reopen asks the BIA to reopen proceedings in which
the BIA has already rendered a decision in order to consider new facts or evidence in the
case. See BIA Practice Manual, Chapter 5.6.
(c) Motion to reconsider. A motion to reconsider either identifies an error in law or fact in
a prior BIA decision or identifies a change in law that affects a prior BIA decision and
asks the BIA to re-examine its ruling. A motion to reconsider is based on the existing
record and does not seek to introduce new facts or evidence. When a case is reviewed on
reconsideration, the administrative body, in effect, places itself back in time and
considers the case on the record as though a decision had never been entered. Matter of
Cerna, 20 I&N Dec. 399 (BIA 1991), affd 979 F.2d 212 (11th Cir. 1992). See BIA
Practice Manual, Chapter 5.7.
Note: Motions filed by the Government are not always subject to the same rules as those
filed by the alien. For cases in removal proceedings, the Government may not be subject
to time and number limits on motions to reopen. See 8 CFR 1003.2(c)(2) and (3). For
cases brought in deportation or exclusion proceedings, the Government is subject to the
time and number limits on motions to reopen, unless the basis of the motion is fraud in
the original proceeding or a crime that would support termination of asylum. See 8 CFR
1003.2(c)(3)(iv).
Note: If a motion involves a detained or incarcerated alien, the motion should clearly
state that information. The BIA recommends that the cover page to the motion be
prominently marked "DETAINED" in the upper right corner and highlighted, if possible.
(d) Bases for Denial of Motions. Motions may be denied for the following reasons:
(1) Motions to Reopen:
Where prima facie eligibility for the relief sought has not been established. INS v.
Jong Ha Wang, 450 U.S. 139 (1981); INS v. Abudu, 485 U.S. 94 (1988); Shaar v. INS,
141 F.3d 953 (9th Cir. 1998).
Where the evidence submitted was not previously unavailable or is not material. See 8
CFR 1003.2(c).
If the relief sought is discretionary, where the BIA finds that a favorable exercise of
discretion is not warranted. INS v. Doherty, 502 U.S. 314 (1992); Matter of Coelho, 20
I&N Dec. 464 (BIA 1992).
(2) Motions to Reopen or Motions to Reconsider:

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The motion is untimely filed. See Matter of Beckford, 22 I&N Dec. 1216 (BIA 2000)
(where the basis of an untimely motion is the failure of the INS to prove removability,
alien must show a substantial likelihood that the result would be different and prove that
he is not removable) and Matter of Susma, 22 I&N Dec. 947 (BIA 1999) (motion to
reopen must be filed within 90 days of the final administrative/BIA decision; time is not
counted from the denial of a petition for review).
(e) In absentia proceedings. There are special rules pertaining to motions to reopen
following an aliens failure to appear for a hearing. An alien who wishes to file a motion
to reopen in response to an immigration judges removal order rendered after the alien
failed to appear at his or her hearing, must file the motion to reopen directly with the
immigration judge, explaining the reasons for his or her failure to appear. The alien may
not file an appeal directly with the BIA. Matter of Guzman, 22 I&N Dec. 722 (BIA
1999). Such motions are subject to strict deadlines under certain circumstances discussed
at 8 CFR 1003.2(c)(3)(i)-(iii).
(f) Joint motions; BIA motions. Motions that are agreed upon by all parties and are
jointly filed are not limited in time or number. See 8 CFR 1003.2(c)(3)(iii). The BIA may
reopen a case on its own at any time.
(g) Motions involving criminal convictions. Any motion that alleges that a criminal
conviction has been overturned, vacated, modified, or disturbed in some way must be
accompanied by clear, corroborating evidence that the conviction has actually been
disturbed. An intention to seek post-conviction relief, mere eligibility for post-conviction
relief, or pending review of a criminal conviction is generally insufficient to reopen
proceedings. Parties should be mindful of the numerical limit on motions.
21.6 Motions to Recalendar
When proceedings have been administratively closed, and a party wishes for those
proceedings to be placed back on the Immigration Courts docket, the proper motion is a
motion to recalendar, not a motion to reopen. A motion to recalendar should provide the
date and the reason for the closure. A copy of the closure order should be attached, if
available. Motions to recalendar should be properly filed, clearly captioned, and comply
with the general motion requirements. Motions to recalendar are not subject to time and
number restrictions.
21.7 Stays of Removal
[Effect of stays on removal period is reserved.]
[For general overview of stays See Chapter 20.7 of this field manual.]
21.8 Office of Immigration Litigation

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The Office of Immigration Litigation (OIL) conducts civil trials and appellate litigation in
the federal courts and represents the United States in civil suits brought against the
immigration bureaus, the State Department, and other agencies responsible for the
movement of citizens and aliens across U.S. borders. OIL is a component of the Civil
Division of the Department of Justice. It is not a component of the EOIR and is not
affiliated with the BIA.
21.9 Federal Court Procedures
(a) Federal District Courts. Congress has divided the country into ninety-four federal
judicial districts. In each district there is a U.S. District Court. The U.S. District Courts
are the federal trial courts -- the places where federal cases are tried, witnesses testify,
and juries serve. Within each district is a U.S. Bankruptcy Court, a part of the district
court that administers the bankruptcy laws.
Congress uses state boundaries to help define the districts. Some districts cover the entire
state, like Idaho. Other districts cover just part of a state, like the Northern District of
California. Congress placed each of the ninety-four districts in one of twelve regional
circuits. Each circuit has a court of appeals. If you lose a case in a district court, you can
ask the court of appeals to review the case to see if the district judge applied the law
correctly. There is also a U.S. Court of Appeals for the Federal Circuit, whose
jurisdiction is defined by subject matter rather than by geography. It hears appeals from
certain courts and agencies, such as the U.S. Court of International Trade, the U.S. Court
of Federal Claims, and the U.S. Patent and Trademark Office, and certain types of cases
from the district courts (mainly lawsuits by people claiming their patents have been
infringed).
Note: Judicial Review of Final Orders. A court may review a final order of removal only
if:
(1) the alien has exhausted all administrative remedies available to the alien as of right,
and
(2) another court has not decided the validity of the order, unless the reviewing court
finds that the petition presents grounds that could not have been presented in the prior
judicial proceeding or that the remedy provided by the prior proceeding was inadequate
or ineffective to test the validity of the order. [See section 242 of the Act].
(b) Circuit Court of Appeals. A court of appeals hears appeals from the district courts
located within its circuit, as well as appeals from decisions of federal administrative
agencies. In addition, the Court of Appeals for the Federal Circuit has nationwide
jurisdiction to hear appeals in specialized cases, such as those involving patent laws and
cases decided by the Court of International Trade and the Court of Federal Claims.
(c) United States Supreme Court. The Supreme Court of the United States is the highest
court in the nation. Its major function is clarifying the law in cases of national importance

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or when lower courts disagree about the interpretation of the Constitution or federal
laws.
The Supreme Court does not have to hear every case that it is asked to review. Each year,
losing parties ask the Supreme Court to review about 7,000 cases. These cases come to
the Court as petitions for writ of certiorari. The court selects only about 100 of the most
significant cases to review. (www.fjc.gov).
The decisions the Supreme Court hands down on these cases set precedents for the
interpretation of the Constitution and federal laws, precedents that all other courts, both
state and federal, must follow.
The power of judicial review makes the Supreme Court's role in our government vital.
Judicial review is the power of any court, when deciding a case, to declare that a law
passed by a legislature or an action of an executive branch officer or employee is invalid
because it is inconsistent with the Constitution. Although district courts, courts of
appeals, and state courts can exercise the power of judicial review, their decisions about
federal law are always subject to review by the Supreme Court on appeal. When the
Supreme Court declares a law unconstitutional, however, its decision can only be
overruled by a later decision of the Supreme Court or by an amendment to the
Constitution. Seven of the twenty-seven amendments to the Constitution have invalidated
decisions of the Supreme Court. However, most Supreme Court cases don't concern the
constitutionality of laws, but the interpretation of laws passed by Congress.
The Supreme Court consists of a Chief Justice and eight associate justices. Like federal
court of appeals and district judges, the justices are appointed by the President with the
advice and consent of the Senate. However, unlike the courts of appeals, the Supreme
Court never sits in panels. All nine justices hear every case, and cases are decided by a
majority ruling.
(1) Writs of Certiorari. An order by a court to a lower court requiring that the lower court
produce the records of a particular case tried so that the reviewing court can inspect the
proceedings and determine whether there have been any irregularities. Almost all parties
seeking review of their cases in the U.S. Supreme Court file a petition for a writ of
certiorari. The Supreme Court issues a limited number of writs, thus indicating the few
cases it is willing to hear among the many in which parties request review.
(2) Writs of Habeas Corpus. A writ of habeas corpus is a civil remedy which permits a
person in custody to challenge the constitutionality of his or her conviction or sentence.
The court reviews whether the petitioner is in custody in violation of the Constitution or
laws or treatises of the United States. [See section 236A of the Act].
Application: Habeas corpus proceedings may be initiated by an application filed with
the Supreme Court, any justice of the Supreme Court, any circuit judge of the United
States Court of Appeals for the District of Columbia Circuit, or any other district court
with proper jurisdiction to hear the case.

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Habeas Cases and POCR Reviews. For all Writs of Habeas Corpus filed in the United
States District Courts for cases that are within the 180-day period, the field will
coordinate with the United States Attorneys Office, Office of Immigration Litigation, and
General Counsel. Cases beyond the 180-day period will be coordinated by HQCDU.
Note: Please also refer to Chapter 17: Post Order Custody Reviews, in this field
manual.

II. Detention
Chapter 25: Detention Facilities
25.1

General

25.2

Types of Detention Facilities

25.3

Contract Jail Space

25.4

Contract Detention Space

25.5

Facility Detention Reviews

References:
Detention Management Control Program
Immigration and Naturalization Service Acquisition Procedures - INSAP-04-02,
Appendix 25-1.
Regulations:
Enforcement Standards; AM 4.1.500
25.1

General.

Enforcement of the Immigration and Nationality Act often involves detaining aliens
subject to removal from the United States. The Service operates or uses several types of
detention facilities for this purpose.
25.2

Types of Detention Facilities.

The following serve as detention facilities:
Service Processing Centers (SPCs), owned and operated by the Service.

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Contract Detention Facilities (CDFs), contractor-owned; operated jointly with the
Service.
Staging facilities owned and operated by the Service.
Federally owned; operated jointly with the U.S. Bureau of Prisons.
Contractor-owned; operated jointly with the U.S. Bureau of Prisons.
These facilities provide housing for persons taken into custody pending removal
proceedings or release on bond or personal recognizance. The detention facility is
responsible for the secure detention and personal welfare of the individual. This includes,
among other things, food, housing, medical and dental care, clothing, and reasonable
recreational facilities.
SPCs use contract guard services to perform basic custodial duties.
CDFs provide detention services under competitively bid contracts awarded by the INS.
With the exception of facilities jointly operated with the Bureau of Prisons, all facilities
used by INS for the detention of aliens must adhere to the INS National Detention
Standards (NDS).
Staging Facilities are temporary housing facilities which serve as central collection points
for the Detention and Removal program. Staging facility personnel receive or pick up
aliens apprehended by DRO and other INS programs as well as other federal, state and
local law enforcement agencies and correctional facilities. Staging facility personnel
process detainees into Service custody, classifying and assigning them to detention
facilities. DEOs from staging facilities transport detainees to EOIR, federal and state
courts, and consulates. Some staging facilities have travel offices to prepare notifications
and schedule removals, including escort arrangements. Staging facility supervisors
coordinate all JPATS and interdistrict transfers.
25.3

Contract Jail Space.

In addition to the detention facilities identified in section 25.2, above, the Service also
houses detainees in state, county and local jails. The Service may use any jail that has
signed an Intergovernmental Service Agreement (IGSA)* with either the INS or the U.S.
Marshals Service (USMS)*. An IGSA is a contract between INS and a state, county or
municipal government obligating the INS to reimburse the other agency for the costs of
housing INS detainees. IGSA facilities house most of INS detainees. (See Immigration
and Naturalization Service Acquisition Procedures - INSAP-04-02, Appendix 25-1.)
25.4 Contract Detention Space.
The manager or warden of a state or local facility makes available to the INS a number of
beds on a per diem basis. Although day-to-day custodial care and control is the manager

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or wardens responsibility, every facility housing INS detainees for more than 72 hours
must comply with the NDS.
In some facilities, a permanent INS presence handles alien transportation and matters not
strictly custodial in nature. In others, where INS use of the facility is intermittent or of
such a low volume that a permanent Service presence would not be cost-effective, DRO
handles administrative matters. See Appendix 25-2.
25.5

Facility Detention Reviews.

(a) Facility Reviews. DRO regularly monitors facilities that house INS detainees for
compliance with the NDS. The Detention Management Control Program (DMCP) guides
the review process, setting forth the requirements and responsibilities of Headquarters,
Regional, District and facility staff charged with implementing the NDS. The DCMP
maintains all jail inspections results along with the distribution and notification protocol.
INS will not enter into a new IGSA or piggyback on a USMS contract before conducting
a detention review and evaluating the facilitys compliance with the national standards.
Officers from Headquarters conduct the reviews of SPCs and CDFs. Each District must
inspect the IGSA facilities under its jurisdiction for compliance with the NDS.
Detention reviews for IGSAs fall into two categories: jails or other facilities used to
house INS detainees for a period of 72 hours or more and jails or facilities used for less
than 72 hours. Since the standards to do not apply to under 72 hour facilities, this type of
inspection is an abbreviated version that concentrates on the basic conditions of
confinement.
The INS will not house detainees in any IGSA facility lacking an approved, current
inspection report.
(b) Monitoring Instruments. Jail reviewers use the Review Guidelines that correspond
to each detention standard to document their findings. They record the inspection results
on Inspection Form, G-324a.
(c) Jail Inspections Procedures. The annual inspection cycle begins with a Management
Assessment. During the Management Assessment, DRO Headquarters officials working
with managers in the field base the priorities for the next years inspections on operational
developments and issues that have recently emerged. They then update the review
guidelines that serve as guidance for individual facility reviews. At that point, the Review
Authority (see paragraph d, below) establishes review teams and publishes a schedule of
facility reviews. The review team prepares an inspection report on each facility providing
the Officer in Charge (OIC) with a copy. The OIC must then address any deficiencies
noted in the review. Minor deficiencies may be corrected through immediate action while
other more complex deficiencies must be addressed through a Plan of Action. The file

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remains open until the reviewers find that all deficiencies have been corrected and
HQDRO concurs.
(d) Review Teams. The Deputy Executive Associate Commissioner, Office of
Detention and Removal, serves as the Review Authority (RA), who every year requests a
list of potential jail reviewers from each regional director.
Every reviewer must complete the facilities inspection and standards training offered by
HQDRO at regular intervals. Reviewers must attend refresher training at intervals of
three years or less to ensure consistency and uniformity among reviewers. The Director,
Detention and Transportation Division, manages the reviewer training and is responsible
for certifying reviewers qualifications and attendance at refresher programs.

Chapter 26: Detainee Services
References:
INA: 236
Regulations: 8 CFR 236.2, 236.3
Bureau of Prisons Program Statements and American Correctional Association 3rd
Edition Standards for Adult Local Detention Facilities.
Chapter 26, Detainee Services, is wholly contained in the Detention Operations Manual,
M-482, Appendix 26-1 of this Manual. Below are the titles of Detainee Services, which
are directly linked to the specified standard in the Detention Standards of the Detention
Operations Manual. The Detention Operations Manual can also be found on the
Site:
(b)(2)High

The Detention Standards establish uniform policies and procedures for the safe, secure,
and humane treatment of foreign nationals in ICE custody. Issues range from visitation
policies to procedures for handling detainee grievances. Each standard articulates ICE's
expectations applicable to every facility housing ICE detainees.
Implementation of the Detention Standards is mandatory for all ICE Service Processing
Centers (SPCs), Contract Detention Facilities (CDFs), and state and local government
facilities (IGSA facilities) that house ICE detainees for more than 72 hours.
Detainees Services
1. Access to Legal Material
2. Admission and Release

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ICE.000134.09-684

3. Correspondence and Other Mail
4. Detainee Classification System
5. Detainee Grievance Procedures
6. Detainee Handbook
7. Food Service
8. Funds and Personal Property
9. Group Presentation on Legal Rights
10. Issuance and Exchange of Clothing, Bedding, and Towels
11. Marriage Requests
12. Non-Medical Emergency Escorted Trip
13. Recreation
14. Religious Practices
15. Staff-Detainee Communications
16. Telephone Access
17. Visitation
18. Voluntary Work Program

Chapter 27: Detainee Health Services
References:
U.S. States Public Health Division of Immigration Health Services Policy and Procedures
Manual, National Commission on Correctional Health Care, Joint Commission on
Ambulatory Health Care Organizations and American Correctional Association 3rd
Edition Standards for Adult Local Detention Facilities.
Chapter 27, Detainee Health Services, is wholly contained in the Detention Operations
Manual, M-482, Appendix 26-1 of this Manual. Below are the titles of Detainee Health
Services, which are directly linked to the specified standard in the Detention Standards of
the Detention Operations Manual. The Detention Operations Manual can also be found

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) Web Site:
(b)(2)High

The Detention Standards establish uniform policies and procedures for the safe, secure
and humane treatment of foreign nationals in ICE custody. Issues range from hunger
strikes to procedures for handling a detainee with a terminal illness. Each standard
articulates ICE's expectations applicable to every facility housing ICE detainees.
Implementation of the Detention Standards is mandatory for all ICE Service Processing
Centers (SPCs), Contract Detention Facilities (CDFs), and state and local government
facilities (IGSA facilities) that house ICE detainees for more than 72 hours.
Detainee Health Services
1. Hunger Strikes
2. Medical Care
3. Suicide Prevention and Intervention
4. Terminal Illness, Advanced Directives, and Death

Chapter 28: Security and Control
References:
Bureau of Prisons Program Statements, Occupational Safety and Health Administration
Regulations and American Correctional Association 3rd Edition Standards for Adult
Local Detention Facilities.
Chapter 28, Security and Control, is wholly contained within the Detention Operations
Manual, M-482, Appendix 26-1 of this Manual. Below are the titles of Security and
Control, which are directly linked to the specified standard in the Detention Standards of
the Detention Operations Manual. The Detention Operations Manual can also be found
E) Web Site:
(b)(2)High

The Detention Standards establish uniform policies and procedures for the safe, secure
and humane treatment of foreign nationals in ICE custody. Issues range from the
appropriate use of force to procedures for handling and disposing of contraband. Each
standard articulates ICE's expectations applicable to every facility housing ICE
detainees.
Implementation of the Detention Standards is mandatory for all ICE Service Processing
Centers (SPCs), Contract Detention Facilities (CDFs), and state and local government
facilities (IGSA facilities) that house ICE detainees for more than 72 hours.

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Security and Control
1.

Contraband

2.

Detention Files

3.

Detainee Searches [Reserved]

4.

Detainee Transfers

5.

Disciplinary Policy

6.

Emergency Plans

7.

Environmental Health and Safety

8.

Hold Rooms in Detention Facilities

9.

Key and Lock Control (Security, Accountability, and Maintenance)

10.

Population Counts

11.

Post Orders

12.

Security Inspections

13.

Special Management Unit (Administrative Segregation)

14.

Special Management Unit (Disciplinary Segregation)

15.

Tool Control

16.

Transportation (Land Transportation)

17.

Use of Force

III. Property Management: Materials, Tools and Equipment

Chapter 30: Detainee Property Management
Detention Standards

Chapter 31: Firearms, Nondeadly Force and
Restraining Devices

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31.1

Firearms

31.2

Nondeadly Force

31.3

Restraining Devices

31.4

Protocol for Reporting Firearms Discharges

References:
INA: 287
Other: Chapter 15 of the Personal Property Handbook (M-429); INS Firearms Policy;
INS Enforcement Standard, Use of Restraints
31.1
(a)

Firearms
Interim ICE Firearms Policy.

I have signed and authorized the release of the interim U.S. Immigration and Customs
Enforcement (ICE) Firearms Policy. This document shall serve an interim firearms policy
for ICE and shall supersede all legacy agency firearms policies, becoming effective on
July 7, 2004. This policy was the result of a great amount of dedication, effort and work
by many representatives from each ICE operational component and the ICE National
Firearms and Tactical Training Unit (NFTTU). The interim ICE Firearms Policy retains
the best of each legacy agency's policy and national firearms program. It is intended to
create a strong and comprehensive policy to unify our many operational elements in the
critical area of firearms and the related disciplines.
The NFTTU shall electronically distribute this interim policy to all of the ICE Senior
(SFIs) and post it on the NFTTU intranet website
(b)(2)High
for immediate access and distribution to all ICE armed officers. The
d interim policy training to over two hundred and fifty (250) ICE
SFIs as of the release of this important interim policy. All ICE armed officers are
required to fully read and understand the new policy prior to the July 7, 2004
implementation date.
Program offices should commence familiarization to the new course of fire beginning
with the qualification period in July of 2004. ICE armed officers shall have two (2)
quarters to transition to the new course of fire. Effective January 1, 2005, this new course
of fire will beco
(b)(2) high
be ordered from
for practice and preparation for the transi
d that in the future these
(b)(2)High
targets will be available through NFTTU
The NFTTU will provide
additional guidance to the SFIs and field
lementation of this policy.

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The implementation of this interim policy is a significant undertaking and is a milestone
in the progress ICE is making in the establishment of our new agency. If you have any
questions or require assistance in implementing this new policy in any way, please
contact the NFTTU at NFTTU@dhs.gov.
Signed: July 7, 2004
Michael J. Garcia
Assistant Secretary
(b) Officers entering on duty after July 7, 2004. Any officer entering on duty after
the issuance of this Interim ICE Firearms Policy (Policy) shall be provided a copy of the
Policy and shall familiarize themselves with the provisions therein prior to taking any
action operationally as an armed ICE agent or officer. The Senior Firearms Instructor in
each office is responsible for ensuring all new officers either have been provided a copy
of the Policy during training at the ICE Academy or upon returning from successful
completion of the ICE Academy and prior to any operational activation.
(c) Provisions. The Policy provides the statutory authority to carry firearms,
identifies who is authorized to carry, what to carry and when to carry. It provides
guidance on proficiency and training as well as ammunition and firearms accountability,
maintenance, inspection and repair.
(d) Officer Inventory Responsibilities. Individual officers are required annually to
conduct an inventory of their firearm(s) and soft body armor. As such, all officers are
required to obtain a PICS password and access to the Automated Inventory and
Maintenance System (AMIS) for this purpose. Officers who have received their access
will enter AMIS on a monthly basis in order to keep their password active in order to
successfully conduct their inventory as required.
31.2

Nondeadly Force [Reserved]

31.3

Restraining Devices

The INS policy concerning the use of restraints is described in INS Enforcement
Standard, Use of Restraints Appendix 16-4 of this manual.
This standard applies to all ICE personnel who apprehend, take into custody, or are
otherwise involved in the detention of individuals in Service custody. The standard
includes a description of ICE policy concerning principles governing the application of
restraints, responsibility for determining risks of applying restraints, approved restraint
equipment and after-action review requirements.
31.4

Protocol for Reporting Firearms Discharges

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Chapter 32:

Government Vehicles

32.1

General

32.2

Agency Vehicles

32.3

Vehicle Acquisition, Maintenance, and Disposal

32.4

Vehicle Usage and Reporting Procedures

32.5

Pursuit and Emergency Vehicles

References
Regulations: 8 CFR 287.8; 41 CFR 102-34 (www.gpoaccess.gov/ecfr/ must have Internet
to access)
Other: Detention Standard: Transportation (Land Transportation), Chapter 36 of the
Detention Operation Manual (M-482) [Appendix 26-1]; Motor Vehicle Safety, Chapter
13 of the INS Environmental Occupational Safety and Health Program Requirements,
AM
s Handbook (M(b)(2)High

erty Management,
AM 2.2.101; Home-To-Work Use Of Government-Operated Vehicle, AM 2.2.107.
(b)(2)High

32.1

General.

All Detention and Removal personnel must be familiar with and abide by a wide variety
of regulations and policies that relate to government vehicles. There are explicit
requirements concerning:
Use of government vehicles to transport detained aliens
Safe operation of government vehicles
Proper authorization to use government vehicles
Acquisition, maintenance and disposal of government vehicles
Preparation of reports concerning government vehicle usage and maintenance
This chapter is intended to provide a central location from which to access these
regulations, policies and procedures.
32.2

Agency Vehicles.

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Detention and Removal personnel currently utilize several types of secure and non-secure
vehicles to accomplish a variety of tasks. The HQDRO authorized Vehicle Ordering
Menu can be found as Appendix 32-1 of this manual. Additional information concerning
fleet manag
dministration, Logistics Division,
Intranet site
The Logistics Division Intranet
(b)(2)High
site can also
the Personal Property Operations
Handbook (M-429)
(b)(2)High
(b)(2)High

Additional information specific to INS use-of-vehicle requirements is being prepared for
inclusion in Personal Property Management, AM 2.2.101 and Home-To-Work Use Of
Government-Operated Vehicle, AM 2.2.107. Government-wide regulations concerning
u
34, which may be accessed via the Internet
(b)(2)High
(b)(2)High
(b)(2)High
41 CFR 102-34 contains an abundance of information related to
government vehicles, arranged in a question-and-answer format. It includes information
on such issues as:

Use of a government vehicle for transportation between residence and duty station
What constitutes official use of a government vehicle
The relevance of state and local laws to government-operated vehicle usage
Vehicle maintenance program requirements
Obtaining forms related to use of a government vehicle
Standards for proper procedures to follow when transporting detained aliens in
government vehicles are described in Detention Standard: Transportation (Land
Transportation), Chapter 36 of the Detention Operation Manual (M-482)[Appendix 261]. Any individual engaged in the transportation of detainees must be familiar with and
adhere to the requirements described in that document. Chapter 36 contains, among other
items:
A list of forms, certificates and licenses required
A description of safety procedures to be followed
An explanation of reports to be completed.
An inventory of equipment that is required to be in each vehicle

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Additional safety requirements are described in Motor Vehicle Safety, Chapter 13 of the
INS Environmental Occupational Safety and Health Program Requirements, Motor
Vehicle Safety, AM 1.5.215. This document also describes procedures to be followed in
the event of a vehicle accident. Note that, at a minimum, each vehicle is to be equipped
with a fire extinguisher, appropriate warning flares or reflectors, and a first aid kit.
32.3

Vehicle Acquisition, Maintenance, and Disposal.

Details relating to acquisition (whether an initial purchase, a replacement or an
enhancement to the existing fleet), maintenance and disposal of Service vehicles can be
found in Chapter 18 of the Personal Property Operations Handbook (M-429) once
completed. Additional informat
dministration,
(b)(2)High
Logistics Division, Intranet site
Also see
Vehicle Ordering Menu, in Appendix 32-1 of the Field Manual.
32.4

Vehicle Usage and Reporting Procedures.

Personnel using a government vehicle are required to maintain several reports. Form G886, Vehicle Utilization Log, must be completed to document:
The name of the operator of the vehicle
The purpose for which the vehicle is being utilized
The method used to authorize the operator to use the vehicle (for example,
Form G-391, Official Detail; Form G-250, Travel Request Authorization; or
Form G-291, Authorization for Official Use of Government-Owned Automobile
During Other Than Normal Duty Hours)
The place the travel originates and the destination
The starting and ending mileage, date, and time
Form G-205, Government Vehicle Recurring Cost Record, is used to record the
accumulation of fuel costs and certain other minor costs incurred in the operation of a
vehicle. At the end of each month, the completed Form G-205 is to be submitted to the
employee assigned to the task of entering these figures into the Vehicle Accounting and
Reporting System (VARS). There are additional forms to be used in recording costs
incurred for vehicle maintenance and other items, that must also be entered into VARS.
See Chapter 18 of the Personal Property Operations Handbook (M-429).
Each vehicle is required to have onboard forms available for completion in the event of a
motor vehicle accident. These include Form SF-91, Operators Report of Motor Vehicle

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Accident and Form SF-91A, Investigation Report of a Motor Vehicle Accident. For
detailed information on what to do in the event of a motor vehicle accident, see Motor
Vehicle Safety, Chapter 13 of the INS Environmental Occupational Safety and Health
Program Requirements, AM 1.5.215.
32.5

Pursuit and Emergency Vehicles.

A vehicle pursuit is generally described in 8 CFR 287.8(e) as an active attempt to
apprehend fleeing suspects who are attempting to avoid apprehension. The only Service
personnel authorized to initiate a vehicular pursuit are Border Patrol Agents and
supervisory Border Patrol personnel. Accordingly, Detention and Removal personnel are
precluded by regulation from initiating a vehicle pursuit, unless specifically authorized
and designated by the Commissioner as needing this authority in order to effectively
accomplish their mission. Should this authority and designation ever be granted, the
requirements of 8 CFR 287.8(e) would have to be thoroughly reviewed and adhered to.

Chapter 33 Communications Equipment
33.1

General

33.2

Types of Communications Equipment

33.3

Radio Use

33.4

Agency-Authorized Phonetic Alphabet and 10 Code

33.5

Disposal of Communications Equipment.

33.6

Cellular Telephones and Paging Devices

33.7

Servicewide E-Mail System (cc:Mail)

33.8

Registration With National Law Enforcement Communications Center (NLECC)

References:
Regulations: none
Other: Part III, Chapter 36, of the Detention Standard: Transportation (Land
Transportation) [contained in Appendix 26-1 of this manual]. Chapter 16 of the Personal
Property Operations Handbook (M-429). AM 3.2.213, Radio Networks, Systems, and
, "Information Resources Management"
(b)(2)High

AM 3.2.206, Electronic Mail (e-mail).

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33.1

General.

Agency personnel use several types of communications equipment to facilitate the
completion of their individual missions. The Personal Property Operations Handbook, M429, Chapter 16: Radios, Electronics, and Communication Equipment, deals with the
acquisition, inventory, maintenance and disposal of excess/surplus radios, electronics and
communications equipment, as well as the regulations relating to that equipment. See also
Radio Networks, Systems, and Equipment, AM 3.2.213.
33.2

Types of Communications Equipment.

(b)(2)High, (b)(7)e

33.3

Radio Use.

Part III, Chapter 36, of the Detention Standard: Transportation (Land Transportation)
[contained in Appendix 26-1 of this manual] describes exact procedures to be followed
for two-way radio use.
33.4

Agency-authorized Phonetic Alphabet and 10 code.

(b)(2)High, (b)(7)e

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(b)(2)High, (b)(7)e

33.5

Disposal of Communications Equipment.

(b)(2)High, (b)(7)e

33.6

Cellular Telephones and Paging Devices.

(b)(2)High, (b)(7)e
Many officers now carry
so that they can be reached
at any time, if necessary.
erty and are to be used
solely for government business. They should be protected from theft or misuse.
Remember that these devices are not considered secure. Therefore, classified, law
enforcement sensitive material, or information relating to confidential activities, should
not be discussed using such non-secure equipment.

33.7

Service-wide E-Mail System (cc:Mail).

There are very specific and detailed requirements that all agency employees must adhere
to in regard to the use and management of e-mail systems. AM 3.2.206, Electronic Mail
(e-mail), discusses each of the following subjects in detail:
Privacy
Determining when an e-mail is a federal record
Saving and deleting non-federal-record e-mail messages
Protecting system access
Permissible uses of the e-mail system
Prohibited uses of the e-mail system
Agency employee responsibilities
Employees in most offices have access to the agency-wide e-mail system (Lotus
cc:Mail). This system provides an efficient means of communicating between offices or
between personnel within an office. Some employees have access to e-mail through their
office workstation, a laptop computer, or both.

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The e-mail system is also linked to the Internet, making electronic communication
possible with external entities. Such Internet messages should not be regarded as secure.
Remember that electronic messages, which are retained, become agency records that may
be obtained through the Freedom of Information Act [see General Counsel Opinion 8975]. It is the responsibility of the individual user to determine which e-mail messages
need to be printed or archived and made a part of the agencys records. Department of
Justice Order 2880.1A, Information Resources Management
[http://10.173.2.12/dojorders/DOJ_2880.1A.htm] provides specific guidance regarding
employees' use of the Internet and the Department's ability to monitor such use.
33.8

Registration With National Law Enforcement Communications Center (NLECC).

Chapter 34 Fingerprinting
34.1

General

34.2

Authority

34.3

Who is Fingerprinted?

34.4

Special Instructions for Single-prints

34.5

Who Takes the Fingerprints?

34.6

Procedures for Taking Fingerprints.

34.7

Disposition and Storage of Ten-prints and Single-prints

34.8

Reports on Disposition of Criminal Charges

References:
INA: Section 262 [8 USC 1302]
Regulations: 8 CFR 103.2(e), 236.5, 264.1
Other: Special Agents Field Manual (M-490), Chapter 16.1; Special Agents Field Manual
Appendix 16-1, FBI Guidelines for Preparation of Fingerprint Cards; Special Agents
Field Manual Appendix 16-2, FBI Reference Guide to Aid in Understanding Arrest
Abbreviations; Special Agents Field Manual Appendix 16-3, INS Servicewide
Fingerprint Policy; Special Agents Field Manual Appendix 45-1, Procedures for Entering
Lookout and Alert Records into IDENT.
34.1

General.

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One of the more important functions in any police activity is the taking of fingerprints
and the processing of fingerprint cards. The science of fingerprint identification is based
on the fact that the patterns formed by the friction ridges appearing on the inner surfaces
of the fingers and hands are individually characteristic, permanent, and unchangeable.
Fingerprint patterns follow general types that have been scientifically divided and
classified into groups and are easily indexed and recorded for identification purposes.
This chapter and the related references are intended to assist officers in the preparation of
the FBI Criminal Fingerprint Card, Form FD 249, and live-scan printing systems.
Included are examples and instructions that will identify the correct manner in which data
is to be recorded on the fingerprint card. It is important to remember that if any of the
required fields are left blank, the card is rejected without further processing. Making use
of this information will help you to receive prompt identification results by reporting
correct information in a standardized manner.
The FBIs Identification Division maintains fingerprint records and name index cards,
including all known aliases of persons coming to their attention through the submission
of fingerprint charts from various sources. These prints have been submitted to the FBI
by law enforcement agencies throughout the United States, territories and possessions
and many foreign countries. This information is available to the Service upon request,
and is used in processing applications for naturalization and other types of applications,
as well as to obtain information pertaining to the criminal record of persons subject to
investigation.
The FBI maintains a record of the fingerprints of all persons arrested by the Service and
of persons excluded, deported, or removed. Should such persons subsequently come to
the attention of another law enforcement agency, which is a contributor to the FBI's
fingerprint files, the FBIs reporting system will notify the Service of the person's
whereabouts and the nature of the subjects charges. However, the FBI does not maintain
the fingerprints of Service benefit applicants, once checked against the FBI fingerprint
databases.
34.2

Authority.

Immigration officers have statutory and regulatory authority to fingerprint aliens for a
variety of purposes, primarily section 262 of the Act, and 8 CFR sections 236 and 264.
34.3

Who is Fingerprinted?

The INS Servicewide Fingerprint Policy found in Special Agents Field Manual Appendix
16-3, prescribes Service fingerprint requirements that encompass who is fingerprinted,
what finger is to be utilized for single-prints, who takes the fingerprints, disposition and
storage of fingerprints, and disposition of criminal charges/immigration benefits.
Form FD-249 is used to fingerprint every alien 14 years of age or older who has been:

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(a)

taken into custody with or without a warrant of arrest per 8 CFR section 287;

(b)

served with a Notice to Appear in removal proceedings;

(c) found to have willfully violated status as a crewman, or taken into custody for
deportation as a crewman under section 252(b) of the Act;
(d) removed from the United States under any provision of the Act (expedited removal,
administrative removal, judicial removal, reinstated removal, or removal pursuant to an
order of an immigration judge);
(e)

arrested by the Service and presented for prosecution for a criminal offense;

(f) found inadmissible or has applied for admission or otherwise encountered at a Portof-Entry and identified as mala fide, where a supervisor deems appropriate;
The INS requires applicants and petitioners age 14 to 79 for certain immigration benefits
to be fingerprinted by an authorized fingerprint site via Form FD-258, Applicant
Fingerprint Card, for the purpose of conducting FBI criminal background checks.
Aliens deemed subject to the registration and fingerprinting requirements of section 262
of the Act (see Inspectors Field Manual, Chapter 15.11 and Appendix 15-9, for NSEERS
registration procedures) are normally fingerprinted via the IDENT system.
34.4 Special Instructions for Single-prints.
Only the right index finger will be utilized on agency-issued cards or enforcement forms;
however, if a clear right index fingerprint is not possible then the fingers in the following
order will be utilized: left index, right thumb, left thumb, right middle, left middle, right
ring, left ring, right little, left little.
The location and size of the print will be uniform on all agency-issued cards to permit the
single-print to be used for verification to establish positive identification.
34.5

Who Takes the Fingerprints?

Fingerprint training for agency and contract employees must be based upon the standards
published in Special Agents Field Manual Appendix 16-1, FBI Guidelines for Preparation
of Fingerprint Cards.
(a) FD-258, Applicant Fingerprint Card. Applicants and petitioners using Forms FD-258
may be fingerprinted by an agency employee trained in fingerprinting techniques and
procedures or by a trained employee at an Application Support Center.
(b) FD-249, Criminal Fingerprint Card. Aliens being fingerprinted on Form FD-249 may
be fingerprinted only by an agency employee or contract employee trained in

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fingerprinting techniques and procedures or by an employee of a law enforcement agency
similarly trained.
(c) R-84, Disposition Form. Form R-84 shall be prepared at the time of processing. In the
case where criminal prosecution is contemplated, Form R-84 (two sets) shall be prepared
to timely record administrative and criminal disposition. The final disposition of each
case shall be reported to the FBIs Identification Division on Form R-84.
34.6

Procedures for Taking Fingerprints.

(b)(2)High, (b)(7)e

(b)(2)High

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(b)(2)High

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For aliens for whom fingerprints are required under special projects, per 8 CFR
264.1(f), the ten-print card will be sent to the Biometric Support Center (address can be
found in Appendix 1-1) only if the alien was not enrolled electronically by field officers.
34.8

Reports on Disposition of Criminal Charges.

The final disposition of each case must be reported to the FBI Identification Division. If
the final disposition is not available when the fingerprint card is submitted, FBI Form R84 will be prepared and forwarded with the case. Notification, which must be prepared
after receipt of verification of departure or endorsed warrant of removal, is the
responsibility of the office holding the file, even though the alien may have departed or
been deported through a district other than the district of origin. When the FBI number is
unknown, furnish date of birth, sex, and fingerprint classification if known.
Final disposition shall be shown as follows: "Removed," "Departed voluntarily," "Status
adjusted to lawful permanent resident," "Notice to Appear canceled," "Proceedings
terminated by IJ (BIA)," Alienage not established," "Released as U.S. citizen (or lawful
resident alien)," "Alien died," followed in each instance by the date of occurrence. If the
alien was deported or departed voluntarily to Mexico, add such information after the date,
in appropriate cases, or "via airlift to Mexico." "Departed voluntarily" includes the case
of an alien who departed from the United States before the expiration of the voluntary
departure time granted in connection with an alternate order of removal.
Where INS participates (by submitting ten-prints) in a State criminal history records
system, the case agent must also report the disposition of every criminal arrest to the
State.
Subsequent dispositions not included on the fingerprint card are required to be filed on
Form R-84 before a case can be closed. The lack of filing dispositions on the part of
Service personnel can be extremely frustrating to the FBI and other interested agencies.
The responsible Detention and Deportation officer will advise the FBI of the removal of
criminal aliens.

Chapter 35:

Uniforms

References:
Article 25, Agreement Between INS and the National Border Patrol
Counsel (NBPC), M-422. Article 25, Agreement between INS and the National
Immigration and Naturalization Service Counsel (NINSC), M-203.
Guidance on all issues concerning uniforms, uniform allowances and personal
appearance (for both uniformed and non-uniformed personnel) is located in Article 25 of
the Agreement between INS and the National Immigration and Naturalization Service
Counsel (NINSC), M-203. Guidance for individuals who are included in the Border
Patrol bargaining unit is found in Article 25 of the Agreement Between INS and the
National Border Patrol Counsel (NBPC), M-422.

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Chapter 36: Service Records
36.1

Introduction to Government Records Systems

36.2

Records Security Requirements

36.3

Introduction to Automated Records Systems

36.4

Automated Case-File Creation, Maintenance and Tracking Systems

36.5

Automated Case-Processing Systems (Immigration Services)

36.6

Automated Case-Processing Systems (Enforcement)

36.7

Automated Systems (Management)

36.8

Data Sharing Interconnection Security Agreements (ISA)

References:
Other: AM 3.3.101; Record Operations Handbook; INS Managers: Your Records
Responsibilities.
36.1

Introduction to Government Records Systems.

The Department maintains a wide variety of records. It has access to numerous records
maintained by other agencies as well. Knowing how to use these records is critical to the
successful accomplishment of our mission. The purpose of this chapter is to increase your
knowledge of how to effectively use available records.
A record is defined as any material created or received as a result of an official
government action, that is preserved, and which contains evidence or information of
value. A variety of storage and retrieval methods are utilized to organize these records
and to optimize their usefulness. They include traditional systems such as placing written
or printed documents, photographs or videotapes in file folders; as well as more advanced
methods of storage for electronic databases and mail messages.
There are mandated procedures to be followed when storing, accessing or releasing any
government record. General guidelines, applicable to all agency records regardless of
their format, are described in the Records Operations Handbook. Particularly helpful is
the Alphabetical Table of Contents as well as the document: INS Managers: Your
Records R
ecords Operations Handbook on the
(b)(2)High,
(b)(7)e
Intranet at
Basic procedures for handling alien records that are stored in A-files can be found in Part
II-1 of the Records Operations Handbook, A-file Basics. Other chapters of the ROH

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include instructions regarding processes such as Consolidation of A-files, Proper
Handling of Action-required Material, and Obtaining Certification for Copies of Records.
Procedures specific to Detention and Removal personnel are included throughout this
manual in the appropriate chapters.
Automated systems are becoming more readily available to store, maintain, access and
process a variety of records. Procedures relating to individual automated record systems
are described in the remaining sections of this chapter. For information on other agency
record systems, see Chapter 41 of this manual.
36.2

Records Security Requirements.

In addition to having a critical need to access information from Departmental records,
immigration officers and other employees have an obligation to protect those records
from unauthorized release, tampering or destruction. Accordingly, all employees with
access to Departmental record systems must be familiar with, and abide by, the security
requirements for each system of records, including password issuance and protection.
General procedures relative to records security, including the handling of classified and
limited-official-use materials and compliance with FOIA and Privacy Act provisions, are

(b)(2)High

moval personnel, such as DACS and CIS, are subject to limited official
use.
For specific security requirements for each of the available systems of records, see the
related section of this chapter. For security procedures relative to various interagency
systems, see Chapter 41 of this manual as well as Chapter 33 of the Inspectors Field
Manual. [Also see AM 3.2.209 regarding automated-systems security, AM 3.2.204
regarding password requirements, and Chapter VI of the Security Officer's Handbook.
36.3

Introduction to Service Automated Records Systems.

Subsequent sections of this chapter briefly describe a number of available automated
record systems. Included are references to tools, such as user manuals, that are designed
to assist in the utilization of each system. Users of all automated systems should also be
aware of the availability of the Help Desk [see ICE Help Desk], which was established to
support users encountering problems with automated systems.
NOTE: When using any automated system to conduct a search, it is critical that the user
be aware of exactly which databases the particular system is querying at any given time.
For example, an NCIC search can mean a search of any number of the various databases

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contained within NCIC, depending on how the search is initiated. Likewise, an IBIS
search may query certain databases within NCIC, but not others, depending on which
type of query is conducted.
Part I-15 of the Records Operations Handbook (ROH) contains a brief overview of most
agency-wide and interagency systems available to immigration personnel, complete with
references and links to the user manual for each system listed. As an alternative to
searching through the subsequent sections of this chapter (or Chapter 41) for non-agency
automated systems, users may find it more convenient to access the information from that
location. The Application Systems Catalogue is an additional source of information
concerning automated records systems. Also, Part I-15 of the ROH suggests using the
search function on the Intranet (Powerport) to search for further information that may be
available on any individual syst
her
(b)(2)High,
information on the Intranet. See
for the
(b)(2)High

36.4

Automated Case-File Creation, Maintenance and Tracking Systems.

(a) Central Index System (CIS). CIS is the primary system used to create, maintain and
track Service A-Files. It displays the current File Control Office (FCO) for each A-File,
as well as a limited history of the previous FCO and any requesting FCO. It contains
limited biographical information, some case information (related to both enforcement and
benefit actions), and historical data related to the individual. There are also links and
references to information contained in other automated records systems.
The CIS Manual contains considerable information that is helpful in understanding the
contents of CIS, navigating through CIS by use of numerical or alphabetical jump codes,
a glossary, a data-element dictionary and information on accessing INS standard tables. It
also includes further information concer
(b)(2)High,
considerations relat
the CIS Manual and
for the CIS
(b)(2)High
Quick Reference Gu
(b) Receipt Alien File Accountability and Control System (RAFACS). RAFACS tracks
the location of A-Files, T-Files, Sub-Files, W-Files and Receipt Files within a local
office. A daily interface between CIS and RAFACS helps keep track of the physical
location of A-Files. The RAFACS Manual may be of some value to the routine user, but
contains in-depth descriptions of functions typically used only by employees in the Office
of Records. The best source of information concerning the use of RAFACS by Detention
or training officer. See
(b)(2)High

(c) National Files Tracking System (NFTS). NFTS is scheduled to replace RAFACS.
When fully implemented, it will be easier to track files on a national basis. After

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completion of Phase II, the web-enabled national version will enable the tracking of files
nationally from a centralized Oracle database. In addition to tracking A-Files and Receipt
Files, NFTS will track Certificate Files, Substitute Files, Temp Files and Work Files. It
will also track duplicates for all file types except Receipt Files, as well as the number of
file consolidations (for example, an A-File consolidated into another A-File) and types of
file combinations (for example, an A-File combined with a T-File). NFTS deployment
ual, is available on the Intranet at
(b)(2)High

36.5

Automated Case-Processing Systems (Immigration Services Division).

(a) Computer-Linked Application Information Management System 3.0 (CLAIMS 3).
CLAIMS 3 is a distributed, transaction-based system designed to replace an earlier
system known as FARES. It supports the processing of applications received by service
centers, captures fee information, and provides a mechanism to account for funds
received. CLAIMS 3 also enables the tracking of the status of applications and petitions
for benefits under the Act, when a service center handles those applications and petitions.
Field offices can query CLAIMS 3, but it is not updated with data from applications and
petitions being handled by field offices. See
(b)(2)High
(b) Computer-Linked Application Information Management System 4.0 (CLAIMS 4).
CLAIMS 4 was initially designed to provide a mechanism for handling naturalization
cases. However, the system is being revised to provide a means of tracking the status of
any request for a benefit under the Act, from work authorization to citizenship. CLAIMS
supports interfaces with Service and non-Service records systems, such as the INS
Central Index System (CIS), the Receipt and Alien File Accountability and Control
nformation Center (NCIC). See
(b)(2)High

(c) Employment Authorization Document System (EADS). EADS is a standalone
desktop system used to capture data and to generate a standardized identification
document when temporary employment authorization is granted to an alien. The
information contained on the card is stored in an automated database where it can be
accessed by terminal inquiry. Data from EADS is uploaded to CLAIMS 3 and CIS to
provide a consolidated record. EADS has the capacity to generate alien registration
receipt numb
s.
(b)(2)High
at
(b)(2)High

(d) Refugees, Asylum & Parole System (RAPS). RAPS provides case tracking and
management capability for all INS Asylum casework. RAPS interfaces with CIS, DACS,
NAILS, RAFACS, and ANSIR. RAPS produces Notices to Appear (NTA), among other
(b)(2)High

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(e) Re-engineered Naturalization Application Casework System (RNACS). RNACS is
a centralized Integrated Data Management System (IDMS) database system resident at
the Justice Data Center, Dallas. It is a legacy system that has been replaced by CLAIMS
4. It is used to find information on certain older naturalization cases. See
(b)(2)High

(f) Image Storage and Retrieval System (ISRS). ISRS is a centralized INS data
repository consisting of formatted records of biographical data (name, date of birth,
mothers first name, fathers first name, and country of birth) and biometrics data (digital
images of facial picture, fingerprints, and signature) collected from certain INS-issued
documents. Data is collected from documents such as the Alien Registration Receipt
he Border Crossing Card. See
(b)(2)High

36.6

Automated Case-Processing Systems (Enforcement).

(a) Deportable Alien Control System (DACS). DACS is the primary case-processing
system used by Detention and Removal personnel. DACS is an automated docket-control
system that provides information concerning the status of individuals who have been
placed in removal proceedings or who have been ordered removed from the United
States. The DACS User Manual is included as Appendix 36-1. Standard procedures for
the use of DACS in case processing are described throughout the various chapters of this
Field Manual.
(b) Enforcement Case Tracking System (ENFORCE) Removal Module (EREM).
EREM stands for ENFORCE Removals Module. ENFORCE is an integrated system that
supports all INS enforcement processing and case management. EREM is the module of
that system that is being developed to support INS detention and removal operations.
EREM will track removal cases from the time that apprehension processing is complete
through final removal (or other action that results in case closure). EREM will also track
detainees held in INS custody, both in INS facilities (including U. S. Marshals Services
prisoners held in INS detention facilities in some instances) as well as in facilities owned
and operated by other agencies and private companies.
EREM will support detention and removal operations by producing many of the forms
needed and by automating a variety of clerical and administrative tasks. EREM will
support management by providing statistical and other information regarding detention
neral information can be viewed at
(b)(2)High
EREM development and design documentation can
be accessed from the Requirements and Enterprise Model site at
(b)(2)High

(c) Automated Nationwide System for Immigration Review (ANSIR). ANSIR is the
Information Resource Management System that provides the Executive Office for
Immigration Review (EOIR) with case tracking and management information, office
automation, internet/intranet, and automated legal research services. See the EOIR site at

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[Note: This link may only work from the INS
Intranet via Internet Explorer, and not via Netscape, depending on the users Netscape
settings.]
(b)(2)High

Although not an enforcement system, officers can access ANSIR directly, for the purpose
of obtaining a court date in order to place the date on a Notice to Appear (NTA). By
placing a court date on the NTA prior to personal service of the NTA on an alien, you can
establish that the alien was properly notified of his court date, should the alien fail to
appear for the scheduled hearing. Each enforcement field office should have at least one
individual who is trained and has access to ANSIR. If additional access is needed, a
request should be submitted through proper channels.
(d) Enforcement Case Tracking System (ENFORCE). ENFORCE is an overarching
event-based case management system for enforcement activities. Interface compatibility
between ENFORCE and other systems is managed through the integration of data
structures in the Enforcement Integration Database (EID). ENFORCE incorporates a
collection of automated case management and functional systems. See
(b)(2)High
[Note: This link may only work from the INS Intranet via Internet
Explorer, and not via Netscape, depending on the users Netscape settings]
ENFORCE provides access to a complete case history of each subject apprehended that
can be shared by all mission areas within INS. Functions including subject processing,
biometrics identification, and preparation and printing of forms are part of the
application.
(e) Automated Biometric Identification System (IDENT). IDENT is a client-server
biometrics-analysis module that assists immigration officers in the identification of repeat
illegal entrants, as well as aliens wanted by other law enforcement agencies. It is also
being used with ENFORCE to enroll aliens in NSEERS. The IDENT Intranet site is
(b)(2)High
extensive and thorough and may be viewed at
(b)(2)High
helpful user tool on that site is the Quick Reference Guide. [See
There are also Deportation Officer and Detention Officer standa
(b)(2)High

(f) Criminal Alien Investigation System (CAIS). CAIS was established for use by the
Institutional Removal Program (IRP) to provide general casework processing and
management functionality. Specific system functions include case assignment and
management, forms printing, reporting, and data integration with other enforcement
systems, including the federal Bureau of Prisons (BOP) SENTRY system. CAIS
currently is used in Federal IRP locations where users have a requirement for online

(b)(2)High

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(g) National Security Entry Exit Registration System (NSEERS). NSEERS is an
integrated entry-exit system that enables the Service to determine which aliens are
present in lawful nonimmigrant status, and which aliens have overstayed their
nonimmigrant period of admission. The system will also assist in the identification of
known criminal and security threats, and prevent their entry into the United States.
Additionally, NSEERS will enable the government to monitor the departure of
individuals in whom law enforcement has an interest. Check for updates on NSEERS
(b)(2)High

(h) Student and Exchange Visitor Information System (SEVIS). SEVIS is an Internetbased system that provides the Student and Exchange Visitor Program (SEVP) a
mechanism by which to record and monitor information on nonimmigrant students and
exchange visitors, as well as information on schools approved for attendance by
nonimmigrant students. SEVIS enables schools and program sponsors to transmit
electronic information an
ernet to INS and the
(b)(2)High
Department of State. See
(i) National Automated Immigration Lookout System II (NAILS). NAILS is a system
used by immigration officers to determine a travelers admissibility to the United States.
NAILS contains approximately 1.2 million lookout records, including data received from
the Department of State, NIIS, and DACS. NAILS records interface daily with IBIS and
CIS.

d
is
(b)(2)High, (b)(7)e

as
as

(j) Portable Automated Lookout System (PALS). PALS is designed to facilitate seaport
inspections, as well as inspections conducted at remote sites where access to automated
databases are otherwise unavailable. PALS includes the NAILS and CLASS databases,
the ADIT Lost/Stolen Cards Report, the Outstanding Fined-Vessels Report, as well as
have been fined in the past. See
(b)(2)High

(k) Non-Immigrant Information System (NIIS). NIIS is an automated central
repository of data designed to track nonimmigrant entry and exit information from the I-

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94 (Arrival/Departure Record). NIIS
elements contained in the system. See

(b)(2)High

(l) Integrated Common Interface (ICI). ICI is a web-based system that pulls data from
five other systems (CIS, CLAIMS, DACS, NACS, and RAPS) and shows data elements
offices. See
(b)(2)High

(m) Microfilm Digitization Application System (MIDAS). MIDAS allows automated
searching of digitized microfilm images. Currently, it is available only at HQREC. The
Department is converting the 60 million microfilm records on individuals who entered
the United States between 1906 and 1975. When the conversion is complete, the system
will be available agency-wide. To request a manual search of microfilm records at
USCIS, e-mail COWREC@DHS.GOV. See

36.7

Automated Systems (Management)

(a) Bond Management Information System (BMIS). BMIS is a centralized database
that maintains the records on immigration bonds. It also generates forms, letters, and bills
associated with bonds and interfaces with DACS. The system supports personnel at HQ,
regions, and field offices who require bond information in the performance of their
duties. BMIS resides on the IBM mainframe at the Department of Justice Data Center in
Dallas, Texas. A BMIS Access Request Form can be submitted to obtain read-only
access to BMIS for those individuals who handle bond breaches and cancellations.
t
Once you have access, refer to Bond
(b)(2)High,
s for Field Users with View-Only Access
(Appendix 12-5, below). Also helpful are the DMC Intranet site
and the Bond Field Financial Procedures Handbook
(b)(2)High
(b)(2)High

(b) I-Link is an immigration reference program. I-Link is an electronic library of
information useful to immigration personnel in virtually every field of employment. ILink is available on CD-ROM or through the Intranet. If available, the CD-ROM version
is somewhat more convenient to use, as it does not rely on network communication
systems. Be sure and check the Query Help, Glossary and Help tabs at the top of the ILink screen to make the most of this system. See
(b)(2)High, (b)(7)e

(c) Performance Analysis System (PAS). PAS is an online data entry and retrieval
system for the agencys G-23, Report of Field Operations. PAS is used to track agency
workload accomplishments and human resource expenditures. The system contains data
elements covering 13 statistical subsystems that collect and report data for all programs
including Examinations, Investigations, Detention and Removal, Management and

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International Affairs. Field offices across the country and overseas report online each
month.
The PAS Intranet site provides information about PAS data entry and output reporting
capabilities. The PAS Intranet site provides a means of obtaining information regarding
statistics relative to operationa
penditures for programs as
(b)(2)High
reported on the G23 form. See
.
(d) Updated Information on Change of Address Initiatives. For the latest information
on procedures
up for
this purpose at
36.8

Data Sharing Interconnection Security Agreements (ISA).

The Office of Detention and Removal (DRO) is responsible for the content and
functionality of the Deportable Alien Control System (DACS). DACS is the system of
record for all aliens in INS detention, or in INS removal proceedings. The information
contained in this system has wide-ranging applications to an ever-increasing audience
outside the INS. Through the utilization of data extracts, interfaces and dial-up
connectivity, DRO provides DACS information access to a growing number of Other
Government Agencies (OGA) in order to promote data-sharing and to advance their
respective law-enforcement missions. These data-sharing initiatives are facilitated
through the use of negotiated and mutually approved Interconnection Security
(b)(2)High

DRO works closely with the INS Password Issuance Control System (PICS) and with
INS Information Technology, Security and Information Resources Management (IRM) to
facilitate the execution of ISA agreements, on-site access and training. These efforts
include facilitating confirmation of user background clearances; establishment and
review of information technology security controls; configuration of hardware, software
and telecommunications; and real-time end-user system orientation and training. Several
initiatives established by DRO are being leveraged by the INS in the development of
standards for interagency data-sharing. As requests for unilateral and bilateral datasharing initiatives continue to evolve, DRO will continue to work with the INS legal,
program and security offices to update the terms and conditions that govern the
agreements.

IV. Administration of Detention and Removal Operations

Chapter 41: Sources of Information and Records
41.1

General

41.2

Sources and Organization of Immigration Law and Policy

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41.3

Basic Research Methods

41.4

Uniform Subject Filing System

41.5

Factual Research: Accessing Service and Other Government Records

41.6

Internet Security and Usage

41.7

Foreign Records

41.8

Law Enforcement Databases

41.9

Certification of Official Records

41.10

Freedom of Information Act/Privacy Act

References:
Regulations: 8 CFR 103; 5 CFR 550.
Other: Records Handbook (M-407); Uniform Subject Filing System (M-425); Staff
Action Manual (M-455); AM 3.3; 5 U.S.C. 552.
41.1

General.

You will be required to perform two distinct types of research during the course of your
career in the Detention and Removal program:
Legal research, which relates to the state of the law itself, and its applicability to an
individual alien;
Factual research, which entails pursuing and obtaining record information relating to
an alien's status, nationality, criminal history, location, etc.
As you perform your duties, you will be exposed to areas of immigration law that may
have a bearing on the action you take. You will encounter or uncover unfamiliar issues
and situations that will require your response. Determining the correct approach to those
issues, including whether they are relevant at all, will not always be apparent. Even when
a situation, or an outcome, seems straightforward and obvious, you must always provide
a rational basis for any action you take. This will often involve citing legal authority.
Sometimes you will need to perform research before you make a decision. Precedent and
experience will not apply to every case, nor will every situation be quickly or easily
resolved. Creative thinking and a willingness to dig beneath the surface will make you a
more effective officer. This chapter will familiarize you with some of the basic methods
of legal research and with the general organization of our immigration laws. It will also

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identify and explain some of the many sources (periodicals; federal, state and local
databases; law enforcement information systems; etc.) available to the law enforcement
community that can help you locate the information essential to the successful
completion of a case. You should familiarize yourself with the various sources of
information available from businesses, organizations, Immigration and Naturalization
Service lawyers, etc. Larger municipal libraries, business libraries, and university
libraries are also a good source of information.
41.2

Sources and Organization of Immigration Law and Policy.

Extensive information on the various sources and organization of Immigration Law and
Policy can be found in Chapter 4.2 of the Special Agents Field Manual.
41.3

Basic Legal Research Methods.

Extensive information on basic legal research methods can be found in Chapter 4.3 of the
Special Agents Field Manual.
41.4

Uniform Subject Filing System.

The Service instituted the Uniform Subject Filing System in October 1996. This filing
system classifies information numerically according to specific subject matter. The filing
system is uniform throughout the Service. A standard subject classification code
identifies the subject of a document. (See the Uniform Subject Filing System, OPM Form
M-425, available from the regional Forms Transcription and Distribution Center in hard
copy; also available electronically through I-LINK). This filing system enables you to
locate policy issuances and other Headquarters communications. Files created and
maintained under the previous filing system were "frozen," and only contain material
issued before fiscal year 1996.
Along with the Uniform Subject Filing System, you should familiarize yourself with the
correspondence and records-management guides and handbooks, described below.
(a)

T

Action Manual
(b)(2)High

ts, and examples of
ndardizing guidelines for preparing, addressing,
and packaging correspondence, this manual also provides guidance on protocols for
scheduling, conducting, or attending meetings; instructions for planning and giving
testimony; and guidelines for scheduling and preparing senior-management level events.
(b)(2)High

(b) The INS Records Opera
07). The Records
Operations Handbook (ROH)
covers the records(b)(2)High
management program, includi
at govern federal records.
It also sets forth your responsibilities in creating, maintaining, or using Service records.

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The ROH applies to all records, regardless of format, in accordance with the Federal
Records Act (44 USC. 3101): paper, electronic, audiovisual, microfilm, etc. It applies to
all records created, collected, processed, used, stored, or destroyed by INS. The Federal
Records Act requires federal agencies to make and preserve records by fully documenting
their organization, functions, policies, decisions, and procedures. Service records are
managed in accordance with applicable INS guidance, laws, and regulations, as indicated
above.
41.5

Factual Research: Accessing Service and Other Government Records.

(b)(2)High, (b)(7)e

GPO Access. Information on federal government databases and links, provided by the
Government Printing Office [http://www.gpoaccess.gov/multidb.html].

(b)(2)High

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(b)(2)High

Investigators Guide to Sources of Information (GAO/OSI-97-2). Compiled by the
Office of Special Investigations of the U.S. General Accounting Office; accessible both
in PDF file and HTML/Web versions [http://www.gao.gov/special.pubs/soi.htm].
PACE (Pace Law School). Decisions of the U.S. Court of Appeals for the Second
Circuit, a joint project of Pace University School of Law Library and Touro Law Center;
[http://www.findlaw.com/casecode/courts/2nd.html and
http://www.ca2.uscourts.gov/main.htm.]
PACER (Public Access to Court Electronic Records). Case and docket information
from federal appellate, district and bankruptcy courts. The Administrative Office of the
ervice Center. Registration is required
(b)(2)High
.
THOMAS. Information on federal legislative activity, provided by the Library of
Congress. Databases include bills pending, roll call votes, committee memberships,
(b)(2)High
public laws, etc. See
for an overview
of THOMAS. See http://thomas.loc.gov to search for legislation.
United States Government Manual. The United States governments official handbook.
Published by the Government Printing Office, this manual describes the purposes and
programs of federal agencies, provides organizational charts for the major agencies,
identifies key officials, and provides addresses for regional and some district and field
offices. In general, the United States Government Manual will direct you to the
appropriate source for further information [http://www.gpoaccess.gov/gmanual/browsegm-05.html].
Westlaw. A commercial legal research service that provides its subscribers access to
almost 17,000 databases; see http://www.westlaw.com/about.
41.6

Internet Security and Usage.

(a) General.
Use of Agency computer systems, including use of Internet constitutes consent to
agency monitoring to identify improper use and to ensure that system service remains
available and is functioning properly for all users. There should be no expectation of
privacy with respect to use of government computer systems. The Department of
Homeland Security (DHS) is authorized to access e-mail messages or other documents on
government computers systems whenever it has a legitimate governmental purpose for
doing so.

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Use of agency computer systems, including connection to Internet sites, or use of
Internet e-mail is subject to same restrictions on use as are other government furnished
resources provided for the use of employees.
Some personal use of government computer systems, including use of Internet, is
permissible in accordance with existing policy on personal use of government property,
when there is no additional cost to the government and no interference with official
business.
(b) Prohibited Use of Internet.
Use of Internet sites that result in any additional financial charge to the government.
The obtaining, viewing or transmitting of sexually explicit material or other material
inappropriate to the workplace, which might be considered to contribute to hostile work
environment for some employees.
Use for other than official government business if that use results in significant strain
on agency computer systems (e.g., mass mailings or sending or downloading large files
such as programs, pictures, video files, or games) or interferes with the conduct of
official business operations.
Any other prohibited activity, such as sending out solicitations or engaging in political
activity prohibited by the Hatch Act.
Never send classified government information via the Internet.
Sensitive but Unclassified government information should only be sent via Internet
when the sender has taken steps to provide some form of protection to the data. Some of
the options include not inserting government information in the subject line or body of
the e-mail but as an attachment document. Password protect the attachment and then
provide the password to the receiver(s) in an "out of band" method, such as a phone call.
Another method is to use a file reduction program such as Pkzip to "zip" or reduce the
file. This not only reduces the file but also provides a form of encryption. This latter
option requires that the receiver(s) have the Pkzip program to unzip the file. Although all
agency information is deemed to be at least sensitive in nature, some discretion is
required. Examples of sensitive information are personal data, such as social security
number, trade secrets, system vulnerability information, pre-solicitation procurement
documents, such as statements of work, and certain law enforcement information.
41.7

Foreign Records.

Extensive information on foreign records can be found in Chapter 4.6 of the Special
Agents Field Manual.
41.8

Law Enforcement Databases.

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Extensive information on a wide variety of law enforcement databases can be found in
Chapter
ation on IBIS can be
(b)(2)High
found at
on the Intranet.
41.9

Certification of Official Records.

Information on the certification of official records can be found in Chapter 4.8 of the
Special Agents Field Manual.
41.10

Freedom of Information Act/Privacy Act.

Information regarding Service officers responsibilities under the Freedom of Information
Act and the Privacy Act (FOIA/PA) can be found in Chapter 10.12 of the Adjudicators
Field Manual.
OIA/PA Handbook on
(b)(2)High
the Intranet at:

Chapter 42: Resource and Performance Management
42.1

General

42.2

Mission Support Divison

42.3

Concept of Resource and Fiscal Performance Management

42.4

Budget Formulation

42.5

Financial Transactions and Reports

42.6

Position Management

42.7

Bond Management Analysis

42.8

Performance Reporting

42.9

Performance Analysis System (PAS) Report

References: Statistics Handbook: Operations Statistics (G-23 Procedures).
42.1

General

The purpose of this chapter is to provide field office managers with an overview of the
processes and systems used by the Detention and Removal Program to establish and
manage resource allocations for field operations. The information contained in this
chapter will assist managers in understanding and participating in the budget cycle. It will
help them to prepare documents necessary for enhancements to their office resources

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(personnel and financial) and help them use available tools to monitor their own
performance in managing assigned resources.
42.2

Mission Support Division

The Mission Support Division (MSD) is responsible for DRO data systems and analysis
related to operations and performance. It coordinates DRO budget formulation and
integrates resource requirements with the strategic plan, other enforcement efforts,
performance and performance measures. The branch also conducts liaison with other
entities such as the Inspector General and General Accounting Office related to
performance reviews and inquiries and facilitates the availability of data to other law
enforcement agencies at the Federal, state and local level. It performs field audits and
analyzes specific aspects of operations to identify efficiencies and develop workload and
resource models. This branch also provides management of the transition of the
Deportable Alien Control System (DACS) to the ENFORCE Removals Module (EREM).
Table 42-1 lists the functions of MSD.
MISSION SUPPORT DIVISION RESOURCE AND PERFROMANCE REPORTING
FUNCTIONS
Program Element Analysis
Budget Formulation and Analysis
Position Management Analysis
Fiscal Performance Analysis and Reporting
Bond Management Analysis
Data Sharing and System Integration
Special Project Support
Financial and Performance Integration
Audits and Reviews
Liaison with Internal Audit
Fiscal and Operational Reports
Table 42-1

42.3

Concept of Resource and Fiscal Performance Management.

In order to perform the functions outlined above, MSD has grouped the DRO business
processes and activities into the program elements as shown in Appendix 42-1. The use
of these program elements allow for uniform methodologies to be applied across the
spectrum of DRO activities and enable logical budget planning, field budget execution,
data compilation/analysis and performance based fiscal analysis. These program elements
are used within the Federal Financial Management System (FFMS) and other automated
systems to identify the specific program activity that is expending resources. Personnel
requirements, staffing goals, payroll expenses and performance metrics can also be
developed and computed on a program element basis. The use of object class codes that
identify the specific end use of resource expenditures (e.g. Detention Guard Contract) are

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used in conjunction with the program elements to further refine financial data and capture
specific costs of the DRO effort.
42.4

Budget Formulation.

(a) General. The Federal budget cycle is a three-year process and during any calendar
year MSD will actually be coordinating three separate fiscal year budgets. MSD executes,
supports and formulates these budgets as listed on Table 42-2. The formulation of the
DRO budget is a task that provides the most long-term impact for DRO programs and is
intensely managed and coordinated to achieve the goals of the Strategic Plan. The budget
formulation process is integrated with performance measurement as a result of the
Government Performance and Results Act (GPRA). (See Chapter 42.8 below.)
BUDGET ACTIONS FOR CALENDAR YEAR 20XX
Execute 20XX current year appropriated budget which has been formulated and
supported over previous two years
Support 20XX+1 OMB/Presidential budget submission to Congress which has been
formulated during the previous year
Formulate 20XX+2 DRO budget submission to Department/OMB
Table 42-2

(b) Budget Formulation. The annual budget formulation process identifies the
enhancement resources, both dollars and positions, necessary to accomplish a certain
level of performance as dictated in the annual performance plan. The budget is developed
by using models to determine the amount of resources required to obtain stated levels of
performance for all initiatives (i.e. Absconder Apprehension Initiative, Institutional
Removal Program, Alternatives to Detention, etc.). Once the resource levels are
identified, a brief, but detailed narrative is prepared to support each initiative being
requested. Once completed, the budget request is staffed through the Department and to
the Office of Management and Budget (OMB). The budget formulation process only
pertains to newly identified resource requirements. It is assumed that all prior
enhancements recur annually as "base" funding. Key steps in the budget process and
DRO budget activities are illustrated in Appendix 42-2.
42.5

Financial Transactions and Reports

The current accounting system used by DRO activities is the Federal Financial
Management System (FFMS), an Oracle relational database that uses tables and standard
query language to store and report data. Its primary data entry tool is the Accounting
Classification Code String (ACCS) or funding string. ACCS is a 49 character segmented
string that contains project codes, program elements, organization codes, object classes
and other elements. All funding and costing transactions are entered into the system for

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approval and processing. The system can be queried in a variety of ways using
preformatted reports and, on a limited basis, ad hoc reports can be created. A variety of
FFMS information including manuals, proc
ing is located on the Office of
Financial Management intranet web page at
(b)(2)High
42.6

Position Management

(a) General. The purpose of Position Management is to assure adequate staffing and
personnel costs are aligned to the correct program elements. This information is captured
in the Position Tracking System (POSTS), which tracks both encumbered and vacant
positions. This system facilitates the process of filling a position, and maintains data by
location.
(b) Interfaces. POSTS interfaces with several personnel related systems (See Appendix
42-2) and generates over 40 different reports that are used by top management to make
key business decisions that are critical to continued organization growth and efficiency.
The information in most reports can be requested DRO-wide, or for a single Region,
Budget Location, program element and/or Funding Type (Account). All reports enable a
more efficient and effective manner for managing position resources and tracking hiring.
POSTS reports verify vacant and filled positions, track position history, and allow users
to update position status.
42.7

Bond Management Analysis.

Mission Support Division provides data reporting and analysis relating to bonds accepted
in the performance of DRO operations. Data reporting includes producing bond related
reports extracted from the Deportable Alien Control System (DACS). Special reports are
produced to assist DRO information needs and to identify aspects of DRO processes that
require improvement. Analysis includes reconciliation of DACS bond information to the
Bond Management Information System (BMIS). Analysis of underlying differences and
factors contributing to those differences are used to improve and identify efficiencies in
the processes related to bonds. Development of performance measures and analysis of
ongoing operations related to bonds are performed as directed by the strategic plan.
42.8

Performance Reporting.

(a) General. The implementation of the Government Performance and Results Act
(GPRA) in 1993 emphasized that government must "manage for results." Simply stated,
the law implements a strategic planning and performance-measuring process to hold
government agencies accountable to the American taxpayer. To that end, the law requires
government agencies to develop strategic plans with measurable program goals, and to
report annually to Congress on their progress. GPRA also requires that resources
requested in an annual budget should be linked to the performance of activities that
provide a clear strategic focus for the Department, Agency, or program. The overarching
goal is to link resources to performance.

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(b) DRO Strategic Plan. ENDGAME, the DRO Strategic Plan provides a performance
framework and the foundation for DRO operations and budgets. The plan's strategies are
institutionalized in the five-year Business Plan, which lays out the strategies and
operational goals that DRO will accomplish over the next five years. Each year will be
more specifically addressed with performance measures and indicators in the Annual
Performance Plan. The Implementation Plan will be the execution document containing
targets for performance measures. Operations and budget requests must support the goals,
objectives and strategies identified in the strategic plan and expanded in the five-year
business plan and Implementation plan.
(c) DRO Performance Management Process. Appendix 42-2 illustrates the DRO
Performance Management Process. In concert with the budget formulation process, MSD
analysts will analyze the performance measures and indicators addressed in the Strategic
Plan and supporting documents. These will be linked to fiscal performance metrics. Once
these fiscal metrics are identified, financial data is retrieved from the financial system,
and costs associated with the fiscal metric is analyzed with respect to performance
measures/indicators achieved. This performance management process is used to
compliment the overall DRO Resource and Performance Management Cycle and to
support GPRA reporting.
42.9

Performance Analysis System (PAS) Report.

The Performance Analysis System (PAS) is an online data entry and retrieval system for
the G-23, Report of Field Operations. PAS is used to track ICE workload
accomplishments and human resource expenditures. The system contains data elements
covering the statistical subsystems that collect and report data for ICE programs
including Office of Investigations, Federal Air Marshals, Federal Protective Service, and
Office of Detention and Removal Operations.

(b)(2)High

AS can be obtained from the web site:
such as:

The Workload Summary Report;
The Monthly Statistical Report;
Administrative Manual instructions for each program regarding the G-22 and G-23;
Blank PAS Forms;
PAS Tutorial;
Specific Forms and Functions associated with the G-23;
Edit Cycle and Critical Dates; and

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PAS Change Policy.

Chapter 43:

Overtime

43.1

General

43.2

Authority for Overtime

43.3

Categories of Overtime

43.4

Work Eligible for Overtime Payment

43.5

Time in Travel Status

43.6

Travel and Work Schedules

References:
United States Code: 5 U.S.C. 4505(a); 4521 - 4523; 5302; 5304a; 5372; 5376-5378;
5391-5392; 5524a; 5542; 5706b; 5753-5755; 5928; 6121(6) and (7); 8336(c); 8412; 8
U.S.C. 1353a and 1353b; 29 U.S.C. 201-219; 41 U.S.C. 261.
Regulations: 5 C.F.R. 410.406; 550.111-.114; 550.121-.122; 550.131-132; 550.171-.172;
550.181-.187; 551.151-.154; 551.422; 610.111; 610.121-122; 41 C.F.R. 301-10.124(h)
and 41 C.F.R. 301-11.20.
Other: See generally, Salary and Pay, AM 1.3.100; Danger Pay While on Detail,
Memorandum signed September 1, 1998, Director, Human Resource Branch; U. S.
inistration
(b)(2)High

43.1

General.

In general, overtime hours are hours of work that are ordered or approved, and are
performed by an employee in excess of 8 hours in a day or 40 hours in a work week. An
employee can receive overtime compensation for work that is administrative or lawenforcement related which meets these criteria.
The Service requires written authorization and approval for every incident of overtime,
except administratively uncontrollable overtime (AUO) and Law Enforcement
Availability Pay (LEA). Other than AUO and LEA, overtime should be authorized before
it is worked.
The most informative sources of information on overtime and other pay issues are the
INS administrative manual, AM 1.3.100, Sala
(b)(2)High
Managements website on Pay Administration

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(b)(2)High

43.2

go to
Enter the title, section and part in the search

Authority for Overtime.

Pursuant to 5 U.S.C. 5542; and AM 1.3.106, appendix A, the authority to order or
approve payment for hours of work in excess of 40 hours in any administrative
workweek, or in excess of the scheduled workday, is delegated to specific management
officials within the agency, and may be re-delegated. If this authority is re-delegated,
controls must be in place to ensure that funds are available for the obligation prior to
authorizing overtime. Managers should examine overtime assignments routinely to avoid
waste, fraud and abuse.
43.3

Categories of Overtime.

(a) General. Employees who are assigned to Detention and Removal Operations may be
authorized additional compensation for hours of work that exceed the employees
regularly assigned shift. More than one type of overtime can be used to compensate an
employee.
Currently, there are three forms of monetary compensation for overtime activities that,
under the correct circumstances, are available to Detention and Removal Operations
employees. These three forms of monetary compensation are:
45 Act Overtime (Scheduled Overtime under Title 5 U.S.C.);
Administratively Uncontrollable Overtime (AUO); and
The Fair Labor Standards Act (FLSA) of 1938.
Managers may offer compensatory time off in lieu of payment for an equal amount of
irregular or occasional overtime hours worked only to employees in positions not
authorized AUO. Budgetary constraints and staffing levels are usually issues that impact
whether or not the use of compensatory time off is practical. In no instances may an
employee be allowed to accumulate compensatory time off for AUO hours worked.
Deportation Officers are also eligible to earn 31 Act Overtime, however, this form of
overtime compensation is limited to detail assignments to the Inspections program.
Overtime is specifically authorized for employees acting as inspectors, under 8 U.S.C.
1353a and 1353b, and this form of overtime was created by an act of Congress on March
2, 1931. As a result, overtime earned in the performance of inspection duties is
commonly called 31 Act Overtime.
(b) 45 Act Overtime (the first version of the law providing for this form of overtime was
enacted on June 30, 1945). This form of overtime is also known as Title 5 Overtime and
is provided for in title 5 of the United States Code, and title 5 of the Code of Federal

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Regulations. Title 5 Overtime allows full-time, part-time, or intermittent employees to be
compensated for hours worked over 40 in an administrative workweek or hours worked
in excess of the scheduled workday. For a non-law enforcement employee, whose basic
pay does not exceed the minimum rate of pay at the GS-10 level, the hourly overtime rate
is one and one-half times the employees hourly rate of basic pay (including any
applicable locality-based comparability payment or special salary rate). For such an
employee whose basic pay exceeds the GS-10 level minimum rate of pay, the hourly
overtime rate is only one and one-half times the hourly rate of the minimum rate of basic
pay for GS-10 (including any applicable locality-based comparability payment or special
salary rate).
The Federal Employees Pay Comparability Act of 1990 (FEPCA) (Pub.L. 101-509, Title
V, 529 [ 1 to 412], Nov. 5, 1990, 104 Stat. 1427; 5 U.S.C. 4505a, 4521-4523, 5302,
5304a, 5372a, 5376-5378, 5391, 5392, 5706b, 5524a, 5753-5755 and 41 U.S.C. 261)
enacted different overtime rates and overtime payment limits for employees covered by
law enforcement officer retirement coverage, or who are in positions where they would
otherwise be covered. Overtime for law enforcement officers whose basic pay exceeds
the minimum hourly pay for GS-10, will be at a rate equal to one and one-half times the
minimum hourly rate of basic pay for GS-10 (including locality or special salary), or at
the employees basic hourly rate, whichever is greater.
For information about the computation of compensation due under title 5 for 45 Act
overtime work, please consult 5 C.F.R. 550.112 and 5 C.F.R. 550.113, or AM 1.3.106,
General Overti
Management website on Pay
(b)(2)High
Administration
(c) Administratively Uncontrollable Overtime (AUO). AUO is premium pay, authorized
under 5 C.F.R. 550.151, that:
is paid on an annual basis,
is paid to an employee in a position in which the hours of duty cannot be controlled
administratively,
is paid to an employee in a position that requires substantial amounts of irregular or
occasional overtime work, and
is paid to an employee, when the employee is generally responsible for recognizing,
without supervision, the circumstances which require the employee to remain on duty.
The bases for determining employment positions that qualify for AUO are outlined in 5
C.F.R. 550.153. Eligibility for AUO is primarily limited to law enforcement positions
covered under the provisions of 5 U.S.C. 8336(c) and 8412(d) (commonly referred to as
6(c)). AM 1.3.103, attachment K, lists those INS positions (including supervisory
positions) that have been determined to be eligible for AUO. Positions that are not listed
in Attachment K must be submitted to the Office of Human Resources Management for a

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determination of AUO eligibility. AUO is determined as an appropriate percentage, not
less than 10 percent nor more than 25 percent, of the employees rate of basic pay. 8
C.F.R. 550.154; AM 1.3.103, attachment B, section 7(a). For employees certified to earn
AUO, AUO is paid for all work that is unscheduled or that is not scheduled prior to the
start of the administrative workweek. Scheduled overtime (45 Act overtime, or title 5
overtime) is paid for all work that is scheduled in advance of the administrative
workweek.
(d) Fair Labor Standards Act (FLSA) of 1938 (June 25, 1938, ch. 676, 52 Stat. 1060; 29
U.S.C. 201-219). If an employee who is engaged in law enforcement activities (including
security personnel in correctional institutions) receives AUO pay and is nonexempt from
(in other words, is covered by) the overtime pay provisions of the FLSA, she or he is also
authorized to collect FLSA overtime pay when the proper conditions are met. FLSA
overtime pay is equal to 0.5 times the employees regular hourly rate of pay for all hours
of work in excess of 85.5 hours in a pay period, including unpaid meal periods. See 29
U.S.C. 207(k); 5 C.F.R. 550.113; Alexander v. U.S., 28 Fed.Cl. 475 at 484-487, 125
Lab.Cas.P 35,814 Fed.Cl. (Apr. 30, 1993). For example, an 8.5-hour shift, from 8:00am
to 4:30pm, has an unpaid meal period. An 8:00am to 4:00pm shift does not have an
unpaid meal period. Nonexempt employees are authorized to claim 0.5 hours for their
meal period whenever the daily shift schedule includes a 0.5-hour meal period. The 0.5
hours unpaid meal period can be claimed regardless of whether or not the employee
actually discontinues work during the meal period. Currently, non-supervisory field
employees in positions at the grade GS-12 level or lower (Deportation Officers,
Detention Enforcement Officers and Electronic Technicians), as well as Supervisory
Detention Enforcement Officers at the GS-9 level or lower, are eligible for FLSA pay.
Refer to 5 C.F.R. 550.121-.122, 550.131-.132, 550.171 and 550.172, as well as AM
1.3.107 Premium Pay other than Overtime, att
(b)(2)High
Managements website on Pay Administration
for information and computation of night diff
they relate to the aforementioned categories of overtime. Hours of night, Sunday, or
holiday work are included in determining the total number of hours of work in an
administrative workweek for overtime pay purposes. Employees may earn night pay for
overtime hours scheduled in advance of the workweek as long as the circumstances
surrounding the overtime hours worked meet the requirements in 8 C.F.R. 550.121 and
550.122.
43.4

Work Eligible for Overtime Payment.

(a) General. Employees are often given tasks that cannot be completed during regular
duty hours. Oftentimes, the volume of work to be completed cannot be managed within a
normal shift or the activity must take place during a time that is outside of normal
business hours. When managers are confronted with assignments that warrant the use of
overtime, they become responsible to ensure it is monitored and reported correctly.
Assignments that are routinely managed through overtime compensations should be

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evaluated for personnel reassignments or schedule changes that permit the use of regular
duty hours, whenever possible.
(b) Categories of Overtime Work. Listed below are basic categories of detention and
removal operations work that are eligible for overtime compensation:
Duty by employees engaged in surveillance, arrest and transportation activities
including the guarding of aliens during their conveyance.
Duty necessitated in quelling riots or serious disturbances that cause a change in
routine methods of administration.
Duty necessitated by major systems, facility or transportation breakdowns.
Duty in connection with the examination and landing of persons arriving in the United
States whether such duty is pursuant to the Act of March 2, 1931, or 5 U.S.C. 5542.
Duty necessitated by failure of a critical element or elements in a radio
communications system.
Duty resulting form established requirements that command centers and
communications offices, including telephone switchboards, remain open more than eight
(8) hours per day.
Duty in connection with the preservation of Government property necessitated by
emergent incidents or unexpected calamity.
Duty by interpreters occasioned by emergent conditions.
Duty in connection with the acceptance of a delivery bond and/or processing an alien
for intake or release from custody.
Duty in connection with the reduction or elimination of workloads or backlogs that
cannot otherwise be accomplished by the reassignment or rescheduling of personnel.
(c) Call Back Assignments. Two hours of overtime compensation will be allowed
whenever an employee is required to report to a designed location in the field or to
his/her post of duty for overtime work that does not immediately precede or follow a tour
of duty within their basic workweek. See 8 C.F.R. 550.112(h). In this type of situation, an
employee is required to return to the duty post after having departed. In a second type of
situation, an employee is called in on a day that she or he was not scheduled to work. An
employee who is required to perform a call back assignment scheduled in advance of the
administrative workweek is entitled to claim 45 Act overtime for the time actually
worked, regardless of being certified AUO eligible. However, an AUO certified
employee who is required to perform a call back assignment within the administrative

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workweek based on an unexpected or unscheduled event must claim AUO for overtime
compensation.
43.5

Time in Travel Status.

(a) Travel Within Regularly Scheduled Administrative Workweek. Time spent by an
employee on official travel, within or away from the official duty station, is deemed to be
time within that employees hours of employment when the time spent traveling is within
the employees regularly scheduled administrative workweek. 5 C.F.R. 550.112(g)(1).
(b) Travel Outside Regularly Scheduled Work Hours Under 45 Act. When travel
occurs outside the regularly scheduled administrative workweek, only the following time
is considered employment for overtime purposes under 5 C.F.R. 550.112(g)(2).
Time spent performing work while traveling. For example, driving a vehicle in
performance of official duty or escorting aliens from one location to another.
Work that is incident to the travel and is performed while traveling. For example,
deadheading to an officers official station after delivering a busload of aliens to another
location.
Work that is carried out over arduous conditions. For example, traveling to a location
accessible only by foot to service a repeater station.
Results of an event that could not be scheduled or controlled administratively. This
includes travel by an employee to such an event and the return travel from the event to
the employees official duty station. For example, travel to make emergency repairs at the
repeater station.
An employee who is certified as AUO eligible must claim AUO for the above, if the
work is unscheduled and occurs within the same administrative workweek. Other types of
overtime may be claimed if the work is scheduled in advance of the beginning of the
administrative workweek.
An employee needs to meet one of the conditions mentioned above to qualify for travel
related overtime compensation.
For example, two Detention Enforcement Officers are required to escort an alien from
Baltimore to Accra, Ghana. Both officers have a regular tour of duty from 7:00am to
3:30pm. The officers leave their post of duty in route to the airport with the alien at
2:30pm for a 5:00pm flight. They arrive in Accra, Ghana at 10:00am Baltimore time,
drop off the alien at the designated location, and arrive at their hotel at 12:30pm
Baltimore time. The officers depart Accra, Ghana the next day on an 8:00am flight,
having arrived at the airport at 6:00am, and arrived back in Baltimore at 12:00 midnight.

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The precise moment in time when the supervisor became aware of the assignment is an
important factor in determining how to properly calculate any overtime. A second issue
of importance concerns the days of the week in which the travel is performed.
Consider what the overtime implications would be if the supervisor was notified on a
Wednesday that alien escort travel would be required the following Monday. In this
situation, the supervisor must change the employees work schedule during the following
week to match the work to be done. The employees work schedule is changed from
7:00am to 3:30pm, to 2:00pm to 10:00pm. The supervisor then estimates the length of
time required for the entire trip at 20 hours. The employee should be scheduled for
overtime (45 Act) for the second 12 hours, that is up to 10:00am (EST) Baltimore time.
However, in this example the trip took longer than expected, so the hours between
10:00am to 12:30pm must be recorded as AUO. The return trip would be paid at 8 hours
regular time, starting 6:00am, which is the arrival at the airport, and having estimated the
travel time at 20 hours, all the time on the return travel beyond the 8 hours regular time
may be paid as scheduled overtime, if there are no unexpected delays. An employee
certified as AUO eligible is compensated by AUO whenever the estimated length of time
for travel is impacted by unexpected delays.
Next, consider what the overtime implications would be if the supervisor were notified
on Wednesday that travel must take place on the next day. In this situation, it is
impossible to meet the requirements for regularly scheduled overtime. However, the
work schedule should still be changed to allow completion of the work to be performed.
As a result, the first 8 hours of the travel should be recorded as regular pay, and the time
after that should be recorded as AUO. Excluding the circumstances of a shift change, all
the time spent traveling outside the scheduled tour of duty would be recorded as AUO.
Both of the above situations apply to travel involving an employee who is certified as
AUO eligible. Whenever such travel involves an employee who is not certified as AUO
eligible, scheduled overtime (45 Act, or title 5) will apply to all hours of work beyond
regular hours.
The above example meets the criteria established under 5 C.F.R. 550.112(g), therefore
the time the deportation officers spent away from their official duty station in travel status
is deemed to be employment time. This is true for the following reasons:
The hours spent traveling are not totally within the employees regularly scheduled
work week;
The hours spent outside the workweek do involve the performance of work while
traveling;
The work requires activities incident to travel that involved the performance of work
while traveling, e.g., the return trip home that followed the performance of work during
the initial travel.

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Therefore, since the travel meets one of the criteria of 5 C.F.R. 550.112(g), the time the
officer spent traveling between 3:30pm and 8:30am on the first day and between 6:00am
and 7:00am and 3:30pm and 8:00pm on the second day qualify for overtime
compensation, as hours of work.
(c) Travel Outside Regularly Scheduled Work Hours Under the FLSA. Under 5 C.F.R.
551.422, time spent traveling outside regular work hours is considered hours of work if
an employee:
Is required to drive a vehicle or perform other work while traveling (very similar to
the provisions under the 45 Act, discussed above); 5 C.F.R. 551.422(a)(2)
Is required to travel as a passenger on a one day trip outside the duty station and the
travel extends the employees time beyond the regularly scheduled work hours; 5 C.F.R.
551.422(a)(3);
Is required to travel as a passenger on an overnight assignment away from the official
duty station during hours on non-workdays that correspond to the employees regular
working hours. See 5 C.F.R. 551.422(a)(4).
An employee only needs to meet one of the conditions mentioned above to qualify for
FLSA. For example, a Deportation Officer (nonexempt from FLSA employee) whose
regular working hours are 8:00am to 4:30pm Monday through Friday is required to travel
on Sunday, under conditions which do not meet the title 5 provisions such as escorting a
deportee, with a departure at noon and arrival at the destination at 8:00pm. The 4.5 hours
of the trip between noon and 4:30pm can be compensated, but the 3.5 hours between
4:30pm and 8:00pm are not. The fact that the employee travels outside his/her duty
station as a passenger for an overnight assignment meets the condition; however,
compensation is limited to hours that correspond to their regular shift.
(d) Danger pay allowance. (5 U.S.C. 5928) Danger pay is an allowance that provides
additional compensation, above basic compensation, to all U. S. Government civilian
employees who are assigned to a foreign duty post where conditions of civil insurrection,
civil war, terrorism or wartime conditions exist. In order to qualify, these conditions must
pose a potential threat of physical harm or imminent danger to the employees health and
well-being. The percentage of compensation is based upon the level of danger and covers
15, 20, or 25 percent of basic compensation. The classification of Dangerous locations
and the pay allowance percentages for those locations are set by the Department of State.
Employees on detail at a danger pay post may be granted the Danger Pay Allowance for
all days on detail at the prescribed post, but not for days of absence from the danger pay
post. A detail requires a minimum of 4 consecutive hours commencing at time of arrival
at the danger pay post. Employees transiting a danger pay post and who are inadvertently
detained for 4 consecutive hours or more shall be considered on detail as well. An
employee may receive danger pay allowance for a full day when he/she is detailed at
least four hours of the day. In order to be considered on detail, the employee must be in
work status during the consecutive hours that are being considered for danger pay. An

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employee is not entitled to a danger pay allowance on days outside their regular
workweek. Also, the 4 consecutive hours do not have to correspond to the employees tour
of duty. For example, if an employee with a 40-hour tour of duty Monday through Friday
arrives in a designated country at 2:00pm Friday afternoon and departs on Saturday (a
non-work day) at 12:00 noon, the employee would be entitled to 1 day (8 hours) of
danger pay for Friday. The specific rules governing the Danger pay allowance begin at
andardized Regulations
A complete listing of danger pay locations for
(b)(2)High
t section 920 of the Department of State
Standardized Regulation (Government Civilian, Foreign Areas). Please consult
http://www.state.gov/ for updates on danger pay locations.
43.6

Travel and Work Schedules.

(a) General. Management is obligated to establish work schedules that correspond to the
actual work requirements. In order to manage work requirements that are assigned to
detention and removal operations, managers must often use various shift schedules to
manage regularly scheduled work. Title 5 C.F.R. 610.111, 610.121, 610.122 and 610.123
provide information and guidance related to the establishment of a workweek, work
schedules, variations in work schedules and travel on official time. Whenever possible
travel during non-duty hours should be avoided.
(b) Compensation for Work Related Travel. Both 5 C.F.R. 550.112(g) and 5 C.F.R.
551.422 restrict compensation for travel time to specifically prescribed conditions.
Generally, travel outside of work hours and corresponding hours on non-workdays will
not be compensated when no work is performed. When travel outside of regular duty
hours is unavoidable, the conditions governing payment and nonpayment described in
this chapter must be observed.
(1) Air Travel. Alien escort duties involving air travel often present situations that are not
confined to regular work hours (8-hour workday). When an employee is assigned air
travel for the purpose of alien escort duties, the following general principles will be
adhered to:
Supervisors will schedule assignments fairly and equitably among employees who are
primarily responsible for escort duties.
Regular work hours shall be included in the assignment and shall be the first hours of
the scheduled work.
An employee is only entitled to compensation while in work status, therefore, alien
escort assignments that overlap non-workdays are not subject to compensation, unless
work is performed on the non-workdays. For example, when travel exceeds the 40 hour
non-overtime workweek, such as flight on a Friday when the employees regularly
schedule workweek is Monday through Friday, time spent away on Saturday or Sunday is
treated as a scheduled day off, if no work is being performed on those days. Overtime is

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permitted only when an employee is engaged in work. There are no provisions for
granting administrative leave on scheduled days off.
If an employee is required to fly back on his or her scheduled day off without a lay
over period, overtime will be paid for the return travel time, e.g., Saturday travel for an
employee whose regularly schedule workweek is Monday through Friday. If a lay over is
provided and such travel takes place on Sunday, a change in workweek schedule may be
used to allow 8 hours of regular time for travel, overtime as appropriate, and Sunday
differential pay of 25% for the 8 hours of regular time. The change in workweek schedule
should occur at least one (1) week in advance of the workday being effected, such change
will also require the scheduling of two (2) consecutive days off for the rescheduled
workweek.
A lay over period can be granted when air travel is direct between authorized origin
and destination points which are separated by several time zones or if travel is outside the
continental United States. A lay over not in excess of 24 hours may be authorized when
air travel between the two points is by less than premium class accommodations and the
scheduled flight time, including stopovers, exceeds 14 hours by direct or usually traveled
routes (see 41 C.F.R. 301-10.124(h) and 41 C.F.R. 301-11.20). Lay over periods may be
considered an administrative day if it occurs within the employees scheduled workweek.
However, a lay over period may not be considered an administrative day if it occurs
outside of the employees scheduled workweek (without compensation).
Whenever an alien escort assignment qualifies for overtime compensation, such
overtime must terminate once the alien is delivered to the designated location and return
travel is completed, or once the alien is delivered to the designated location and the
employee arrives at his/her hotel to await return travel. Hours of work may only resume
once the employee arrives at the airport for their return flight. An employee is entitled to
claim an arrival at the airport up to two (2) hours prior to the scheduled departure time of
the flight.
Overtime compensation that involves return travel must terminate once an employee
reaches his/her duty station.
(2) Ground transportation. Providing ground transportation is another responsibility that
often creates situations that cant be confined to regular work hours (8 hours workday). In
many cases, these situations are unexpected and require the use of overtime to complete
the assignment. When an employee is assigned to ground transportation, the following
general principles will be adhered to:
Every effort will be made to schedule the assignment within a period of time that
incorporates the employees scheduled hour of work. Except when the supervisor
determines that the agency would be seriously handicapped in carrying out its mission or
that cost would be substantially increased, otherwise the following shall serve as general
guidance:

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Individual changes in an employees workweek schedule are permitted when the
assignment is scheduled one (1) week in advance of the workday being affected.
Less time is needed for such changes where there is a mutual agreement between the
employee and the supervisors involved.
The employee will be notified of the change in tour of duty and reason for the change.
Time spent in preparatory or concluding activities shall be scheduled by a supervisor,
when needed, and will be considered part of the assigned period of time for the
assignment.
When overtime is required a quarter of an hour shall be the largest fraction of an hour
used for crediting overtime hour. When irregular or occasional overtime is worked for
less than a full fraction (e.g., for 7 minutes and less, the time is rounded down; for 8
minutes or more, the time is rounded up).
Overtime compensation that involves return travel must terminate once an employee
reaches his/her duty station.
Chapter 25.14 of this manual provides specific information concerning outstanding
policy and procedures that must be followed during land transportation.

Chapter 44: Significant Incident Reports
44.1

Protocol on Reporting and Tracking Detainee Deaths

References:
Reporting Requirements for Significant Events, ICE memorandum, March 11, 2003; ICE
National Firearms and Tactical Training Unit; and Reporting Unusual Incidents, Chapter
2.7 of the Inspectors Field Manual.
See Acting Assistant Secretary Garcias memorandum, Reporting Requirements for
Significant Events, dated March 11, 2003 (Appendix 44-1). The memorandum
establishes the policy and procedures that field officers and other employees will follow
when communicating certain events of interest to the United States Immigration and
Customs Enforcement (ICE), Department of Homeland Security.
With regard to written reports, continue to use the Services Significant Incident Report
(SIR), Appendix 44-2, until official release of the ICE form.
See also Reporting Unusual Incidents, Chapter 2.7 of the Inspectors Field Manual and
Firearms Policy in ICE National Firearms and Tactical Training Unit.
44.1 Protocol on Reporting and Tracking Detainee Deaths

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Chapter 45 INSpect
45.1

General

45.2

Guidelines and authority

45.3

Detention Operations

45.4

Removal Operations

45.5

Finding and Recommendations

Reference:
Regulations:

8 CFR 103.1(e)

Other: INSpect, memorandum signed September 10, 1996, Commissioner; Office of
Internal Audit / INSpect Review Guide Detention Program; Office of Internal Audit /
INSpect Review Guide Removal Program; Detention Management Control Plan; INS
Detention Standards Manual (M-482); AM 5.5.104
45.1

General.

The INS Program for Excellent and Comprehensive Tracking (INSpect) is a top-tobottom review of field operational activities. An INSpect review is designed to provide
managers with a concise, thorough assessment of all operational programs and functions.
INSpect focuses on those areas that are vulnerable to fraud, waste, abuse and
mismanagement. The Office of Internal Audit (OIA) has been given the responsibility to
organize and direct INSpect reviews. INSpect reviews are performed by review teams
that consist of a cadre of trained OIA staff and personnel from various field offices who
possess subject matter expertise. Each INS office will receive an INSpect review at least
once every 2-3 years. The reviews are conducted on-site and usually require 1-2 weeks
time to complete.
45.2

Guidelines and Authority.

Pursuant to 8 CFR 103.1(e), the Director of Office of Internal Audit (OIA) is delegated
the authority to conduct various reviews to evaluate the efficiency and effectiveness of
INS operations. On September 10, 1996, the Commissioner of the INS issued a
memorandum that directed full-scale implementation of INSpect reviews under the
guidance of OIA. AM 5.5.104 describes the personnel that comprise an INSpect review
team and the procedures that will be followed during a review. An INSpect review team
utilizes a formal auditing process that ensures quality and accountability throughout INS.
INSpect reviews are also an effective method for Service-wide sharing of lessons learned
and best practices.

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45.3

Detention Operations.

One of the most common methods used to monitor detention operations are on-site
evaluations. During an INSpect review both Service and non-service detention facilities
are evaluated. An INSpect review for Service detention facilities will typically focus on
physical layout of the facility, detention and security control procedures and confinement
conditions. Other activities may be evaluated based on complaints or reported
weaknesses warranting investigation. The INSpect Review Guide for Detention Program
serves as the pr
ails about this guide
(b)(2)High
can be found at
Deficiencies
observed by th
NSpect review
worksheet.
An INSpect review for contracted detention facilities may also involve detailed on-site
evaluations. Typically, only contracted detention facilities that have serious complaints or
known weakness will receive a detailed on-site evaluation by an INSpect review team.
When such evaluations are warranted, OIA will make the necessary notification to the
contractor through the field office having jurisdiction over the facility. In the absence of
directives from OIA to investigate a particular complaint or known weakness, the
INSpect review team will refer to the Service Contract Facility Inspection Report (Form
G-324a). The Form G-324a is used to document the contractors compliance with the INS
Detention Standards.
The Detention Management Control Plan (DMCP) requires that certified Jail Inspectors
annually inspect each contracted detention facility used to house detained aliens (see
Chapter 25). Like INSpect team members, Jail Inspectors are subject matter experts who
are intimately familiar with policies, procedures and regulatory requirements that govern
detention operations. Deficiencies that are discovered during a Jail Inspection are
scheduled for follow up investigations to measure correction and ensure continued
compliance with the INS Detention Standards. The INSpect review team will review the
field offices records to determine if they have timely completed the Form G-324a. The
INSpect review team will conduct a status investigation concerning all required
corrections or follow up issues listed on the Form G-324a. An INSpect team member can
conduct a walk-through at the contract detention facility for the purpose of verifying the
status of corrections or follow up issues listed on the Form G-324a, if necessary. Issues
that remain problematic will be reported as findings on the INSpect review worksheet.
45.4

Removal Operations.

An INSpect review for removal operations involves a concise evaluation of case
management and docket control. The following categorizes the major areas of work that
will be closely examined by the INSpect review team:
Removals and docket management
Institutional Removal Program (IRP)

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Post Order Custody Review
Bond Management
National Crime Information Center (NCIC) Entries
The INSpect Review Guide for Removal Operations manual shows the criteria used to
is guide can be found at
(b)(2)High

Updated and accurate DACS information, as well as case files, are the primary focus for
an INSpect review on removal operations. Field offices should prepare by ensuring that
DACS is properly maintained and that relevant documentation is listed in the related case
file. Field offices are also evaluated on their ability to execute final removal orders
expeditiously. Travel document requests and country clearances are also two key
processes that will be evaluated for compliance with outstanding policy and procedure,
(see Chapter 16, for procedures).
IRP will be evaluated in a similar manner in terms of removals and docket management.
For the purposes of INSpect review, an IRP evaluation will only apply to dedicated IRP
sites. Chapter 11 of this manual provides information about the IRP procedures.
Field offices will be evaluated to determine if Post Order Custody Reviews (POCR) are
conducted for aliens who are detained in Service custody to ensure that their detention is
justified and that it is in compliance with governing laws and regulations. Chapter 17 of
this manual provides specific information concerning outstanding policy and procedures
that must be followed for POCR.
Field offices are required to deposit, cancel and breach immigration bonds in accordance
with outstanding policy. Bond management will be evaluated for compliance with Field
Financial Procedures (see Chapter 12, for procedures). Generally, the review will focus
on following responsibilities for effective bond management:
Are all new cash and surety bonds being forwarded to the Debt Management
Center within five working days?
Are bonds cancelled or breached within thirty days of the effective date?
Are bonds reviewed annually to determine whether it is still required?
Field offices will also be evaluated for their compliance with national NCIC program.
Chapter 4.7(b) of the Special Agents Field Manual contains important information
concerning the use of NCIC. Field offices will be evaluated concerning their ability to
respond to NCIC hits. Field offices will also be evaluated regarding their ability to

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provide timely submissions of eligible cases to the Law Enforcement Service Center
(LESC) for NCIC posting.
45.5

Findings and Recommendations

(a) Team Report. Deficiencies and corrections that are observed by the INSpect review
team are reported on Finding and Recommendation Worksheets. Findings and
recommendations fall into three general categories:
significant,
best practices, and
advisory.
Findings are problem areas that warrant the attention of higher management for action
and resolution.
The INSpect team will provide the field office an assessment for each finding that is
reported. The assessments are fairly general statements that give a synopsis of each issue.
The INSpect team will make recommendations to the field office on how to resolve
findings, when appropriate. Findings that are beyond the ability of the field office to
correct or correct on its own will become significant findings. Significant findings are
reported as areas of concern in the INSpect Final Report. A best practice is a type of
significant finding. However, in this situation, the INSpect Review Team has found
something of a positive nature that should be shared throughout the Service. Best
practices are also reported in the INSpect Final Report. Advisory findings normally do
not have a significant impact and the field office can usually make adjustments to correct
these findings.
(b) Field Office Follow-up. The field office must follow-up on the list of
recommendations for corrective actions agreed to in response to an INSpect review. The
INSpect Review Team will provide the field office the list of recommendations for
corrective actions. This information is usually provided during the closeout session or
within a reasonable time afterwards. The field office should maintain close
communication with the INSpect Review Team Leader, in order to provide informational
updates concerning corrective actions that are completed prior to issuance of the INSpect
Final Report. The list of recommendations for corrective actions given to the field office
prior to the INSpect Final Report also provides an excellent opportunity to identify
responsible parties who will complete each needed corrective action. It will be helpful to
develop a matrix to list the recommendations for corrective actions, responsible parties
and the corrective actions taken (see Appendix 45.1 and Appendix 45.2). This step will
help you track the corrective actions taken and to apply call-up dates for their completion,
if necessary. Follow up information that is given to the INSpect Review Team Leader can
become a part of the INSpect Final Report.

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DRO Policy and Procedure Manual
Chapter 46 Training and Assessments
46.1

Pre-Employment Physical Fitness Test.

46.2

DRO Academy Physical Abilities Assessment.

46.3

Completion of Mandatory Training.

46.4

Academy Testing and Remediation.

Appendix List
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Appendix List
1-1 Table of Addresses and Telephone Numbers
2-1 Table of Authorities
2-2 Office of Detention and Removal Program Description
2-3 Detention and Removal Strategic Plan, 2003-2012
2-4 Endgame Easy Reader
3-1 Threat Conditions Handbook
11-1 Creating an A File in the Deportable Alien Control System (DACS)
11-2 "A" File Construction
11-3 Use of New Special Class Codes in DACS, Memorandum, dated April 10,
2003
11-4 Juvenile Aliens: A Special Population
11-4.1 Juvenile Case Action Worksheet
11-4.2 Juvenile Case Sponsor Worksheet
11-4.3 INS Juvenile Shelter Care Standards Checklist
11-4.4 INS Secure Juvenile Standards Checklist
11-5 Designation of National Security Matters, Memorandum, dated December
18, 2002
11-6 NTA Service on Former Military Checklist
11-7 Sample Stipulated Removal
12-1 Bond Worksheet
12-5 Bond Management Information System (BMIS)
14-1 Administrative Removal Proceedings Manual (M-430)
14-2 VWPP Sample Packet
14-3 Sample Notification and Findings for Deserters from a Greek and Spanish
Ship of War
14-4 S-Visa Sample Packet
14-5 Guidance Governing the S Nonimmigrant Visa, Memorandum, dated
December 23, 2002
15-1 Detention and Release of Aliens with Final Orders of Removal,
Memorandum, dated March 16, 2000

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16-1 Travel Document Handbook
16-2 U.S. - Canada Reciprocal Agreement for the Exchange of Deportees (added
DD99-05)
16-3 Notification of Alien Removal and Criminal History Forms
16-4 Enforcement Standards on Use of Restraints and Escorts
16-5 Exchange Of Letters Between The United States and Canada on the
Removal of Their Nationals to Third Countries
16-6 Treatment of Cuban Asylum Seekers at Land Border Ports of Entry
17-1 Zadvydasv. Davis
17-2 Sample G-166C
17-3 Sample Declaration
17-4 Sample Affidavit
18-1 Cuban Review Plan
19-1 Fugitive Operations Organization [Reserved]
25-1 INS Acquisition Procedures for Intergovernmental Service (Jail) Agreements
(Added DD00-02)
25-2 Standard Intergovernmental Service (Jail) Agreement (revised 10/9/98)
(Added DD00-02)
25-3 Detention Facility Addresses
26-1 Detention Operations Manual, M-482--Detention Standards
32-1 Vehicle Ordering Menu
33-1 Phonetic Alphabet Table
33-2 Agency-authorized 10 Codes
36-1 DACS Users Manual
36-1.1 Docket Control Office List
36-2 EREM User Manual [Reserved]
42-1 DRO Program/Project Code Crosswalk
42-2 DRO Performance and Resource Management Cycle
44-1 Reporting Requirements for Significant Events, Memorandum, dated March
11, 2003
44-2 Significant Incident Report Form
45-1 INSpect Review Chart
45-1.1 Sample INSpect Report
45-1.2 Sample INSpect Report

Appendix 1-1 Table of Addresses and Telephone
Numbers
Office of Detention and Removal
801 "I" Street, NW, Suite 800 & 900 Techworld
Washington DC 20536
(202) 305-2734

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11-1
DACS Help Desk (202) 732- (b)(2)High
DHS Desk
(888) 347 (b)(2)High
12-1
Debt Management Center
(b)(2)High

16-1
United States National Central Bureau

(b)(2)High

Telephone: 202-305-(b)(2)High
Fax: 202 616-8400
16-2
Canadian Embassy
501 Pennsylvania Avenue NW
Washington DC 200
Telephone: 202-682-(b)(2)High
Fax: 202-682-7701

Peace Bridge, Buffalo, NY
http://www.peacebridge.com/
Refugee Processing Unit
Fort Erie Port of Entry
68 Goderich Street
Fort Erie,
A 5X4
(905) 871- (b)(2)High
FAX 871-568
16-3
Omega World Travel
(800) 680-0964 (888) 451-8777 (414) 325-5006
16-4

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ICE.000191.09-684

tion System (JPATS)
(b)(2)High
(b)(2)High

FAX 467-1984
19
LESC Duty Officer (802) 872-(b)(2)High
s Center

(b)(2)High

(b)(2)High

(800) 973 (b)(2)High

34-6
FBI-CJIS
1000 Custer Hollow Road
Clarksburg, WV 26306
34-6
Royal Canadian Mounted Police
Canadian Criminal Records Information Services
Record Analysis Services
1200 Vanier Parkway
Ottawa, ONT K1A 0
Telephone: 613-998 (b)(2)High
34-7
Biometric Support Center - East
Department of Homeland Security
1616 North Fort Myer Drive, 8th Floor
Arlington, VA 2220
Telephone: 202-298 (b)(2)High
Fax: 202-298-5091
Biometric Support Center - West
Western Identification Network - Automated Fingerprint Identification System
(WIN/AFIS)
(b)(2)High

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ICE.000192.09-684

S Building 6 (street address)
(b)(2)High

Telephone: 619 498 (b)(2)High
Fax: 619 498-9978

Appendix 2-1 Table of Authorities
Appendix 2-2 Office of Detention and Removal
Program Description
History
Vision/Mission
Overview of Operations
Strategic Planning
Core Business Functions
DRO Personnel (To be developed)
History
The Detention and Deportation Program, now the Office of Detention and Removal
(DRO) was established in a 1955 reorganization of the INS to carry out a mission first
articulated in the Alien and Sedition Acts of 1798. The Alien and Sedition Acts included
the earliest deportation legislation, which empowered the President to order the departure
from the United States of all aliens deemed dangerous. Legislation since then has
expanded the detention and removal operations and redefined the classes of aliens to be
deported or excluded but the basic mission remains the same: remove all removable
aliens.
The Immigration and Nationality Act (INA) of 1952 expanded the Federal expulsion
power to include a wider category of aliens. The INA listed 19 general classes of
deportable aliens and provided for exclusion, at the time of application for admission, to
the United States on health, criminal, moral, economic, subversive, and other grounds.
The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996
expanded the number of crimes that made people subject to removal. It also eliminated
the INS discretion to release certain aliens by requiring that virtually any non-citizen
subject to removal on the basis of a criminal conviction, as well as certain categories of
non-criminal aliens, be detained without bond. As a result of these acts and other
legislation the INS is required to detain and remove a much larger and more diverse
population. The current population requires unique facilities, procedures and

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management of people by risk and criminal category as well as nationality, health and all
those with other special needs.
The Department of Homeland Security, established on March 1, 2003, is committed to
protecting the United States from terrorist threats through the rigorous and strict
enforcement of the nations immigration laws. The Department will seek enhancements in
personnel and information technology to aggressively enforce our immigration laws that
will result in significant increases to the workload and services provided by the Office of
Detention and Removal (DRO). DROs mission is critical to the immigration enforcement
process and provides the final link in securing the borders of the United States. Our plans,
operations and resource requests will be fully integrated with all other immigration
enforcement programs and initiatives to maintain the integrity of the immigration
process, improve border security, prevent the growth of and reduce the numbers of
immigrants illegally residing in the country. Our management and staff will use DROs
Strategic Plan 2003-2012: Endgame and this business plan to ensure that resource
requests and operations are properly and fully aligned with all immigration enforcement
activities and initiatives. We will follow these plans to ensure that we manage and
maintain an effective detention and removal program, and that we continue to execute our
part in the overall immigration enforcement process.
Vision and Mission Statements
The Director, Office of Detention and Removal, in conjunction with his staff, developed
a Vision to guide the efforts of the program for the next ten years. This vision is focused
on the development of the infrastructure, resources, personnel and leadership necessary to
developing, maintaining and sustaining a Program that will accomplish its mission
efficiently and effectively now, for the next ten years, and beyond.
DRO Vision:
Within ten years, the Detention and Removal Program will be able to
fully meet all of our commitments and mandates from the President, Congress and the
American People.
To make this happen will require:
Visionary leadership, at all levels of the organization;
An effectively trained and educated professional workforce;
The right levels of the right resources such as personnel, facilities, and support
infrastructure;

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Effective, responsive, and accurate command, control, communication, computers and
intelligence systems that truly support our enforcement requirements and improve the
way we do business;
Thoughtful and thorough planning, and effective operational execution.
Recent events and political initiatives have emphasized the significance of DROs mission
and the critical need to restore some certainty to the removal of aliens found to be
removable. Our mission is critical to the immigration enforcement process and provides
the final link, the Endgame, in securing Americas borders.
DRO Mission:
Promote the public safety and national security by ensuring the departure from the United
States of all removable aliens through the fair and effective enforcement of the nations
immigration laws.
Overview of Operations
The Immigration and Nationality Act (INA) grants aliens the right to a removal
proceeding before an immigration judge to decide both inadmissibility and deportability.
Aliens can be removed for reasons of health, criminal status, economic well-being,
national security risks and others that are specifically defined in the act. An immigration
judge weighs evidence presented by both the alien and DHS, assesses the facts, considers
the various factors, and renders a decision that can be appealed to the Board of
Immigration Appeals. When the decision rendered is to depart the country, DRO takes
over the responsibility to facilitate the process and ensure the alien does, in fact, depart.
The process includes coordination with foreign government and embassies to obtain
travel documents and country clearances, coordinating all the logistics and transportation
necessary to repatriate the alien and, when required, escort the alien to his or her home of
record.
Integral to making America more secure, DRO provides the final step in the immigration
enforcement program. To accomplish this, DRO must be vigorous in its efforts to provide
services equal to the demand and commensurate with efforts expended by other
enforcement programs and agencies. DRO must increase its overall number of removals,
annually in order to thwart and deter continued growth in the illegal alien population.
Achieving this result is dependent upon completion of all initiatives within both core
business functions and accomplishing milestones in three key areas. Moving toward
100% rate of removal for all removable aliens allows DRO to provide the level of
immigration enforcement necessary to keep America secure.
The primary responsibilities of the DRO program as part of the DHS immigration and
law enforcement mission are to provide adequate and appropriate custody management to
support removals, to facilitate the processing of illegal aliens through the immigration
court, and to enforce their departure from the United States. Key elements in exercising

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those responsibilities include: identifying and removing all high-risk illegal alien
fugitives and absconders; ensuring that those aliens who have already been identified as
criminals are expeditiously removed; and to develop and maintain a robust removals
program with the capacity to remove all final order cases issued annually thus precluding
growth in the illegal alien absconder populations. Simply stated, DROs ultimate goal is to
develop the capacity to remove all removable aliens.
Process Overview:
Aliens will be apprehended at Ports of Entry (POE) by Bureau of Customs and Border
Patrol (CBP) inspectors, between POEs by CBP border patrol agents, and anywhere in
the interior of the United States by Bureau of Immigration and Customs Enforcement
(ICE) investigators, CBP agents, local law enforcement officers and DRO Officers. Once
apprehended, appropriate action will be taken to identify the alien, determine
immigration status and begin necessary steps to process the alien for removal. After an
apprehension or inadmissible determination is made, an alien will be placed in detention
to be processed for removal, released with certain constraints, or removed. The
Department of Homeland Security (DHS) maintains on-site holding facilities for the
temporary housing of aliens. Initial authority lies within apprehending programs of each
bureau to determine whether an alien will be removed, released, or detained.
Once detention is ordered, an alien must be transported from the point of arrest to a
processing center or DRO field offices. During processing, identification and paperwork
on the alien are completed, personal belongings are documented, and a detention facility
is designated. The alien is transported to the appropriate detention facility and placed
based on the categorization of his/her situation (family, juvenile, criminal, asylees, etc). If
there is no significant risk of flight or danger to the community, an alien can also be
released on his/her recognizance, bonded or paroled into the community.
An alien can also be immediately removed from the US. This outcome happens most
often with apprehensions along the Mexican border. One method of removal is a
voluntary return or voluntary departure. This procedure is common with non-criminal
aliens who are apprehended by the CBP during an attempted illegal entry to the US.
Under the process of voluntary return/departure, illegal aliens agree that their entry was
illegal, waive their right to a hearing, and then are removed from the US. Aliens who
have agreed to a voluntary return/departure can be legally admitted back into the US in
the future without penalty.
Another common procedure used by CBP inspectors at POEs is expedited removal. DHS
uses this process with aliens arriving at POEs who illegally attempt to gain admission by
fraud, misrepresentation, or improper documentation. Unlike voluntary returns, expedited
removals have penalties that restrict the alien from re-entering the US for specified
timeframes. Aliens who re-enter the US after being removed through the expedited
removal process subject themselves to felony convictions and time in jail.

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As reflected in the workflow model below, when an apprehended alien decides to
exercise his/her right to a hearing, the alien must await proceedings before an
immigration judge (IJ). This process takes place under the auspices of the Executive
Office of Immigration Review (EOIR). There are a number of potential outcomes to these
hearings.
The most common outcome is a final order of removal. In such instances, the
Immigration Judge determines that an individual is ineligible for legal admission into the
US and must face removal. Reinstated final orders (a final order upheld that was issued in
the past) are a variation of the same procedure. Violating the conditions of a final order
carries several penalties, possible fines, imprisonment for up to 10 years, and a ban on
future legal entry. The ban is permanent for aggravated felons and up to 20 years for
other aliens. The imposition and extent of these penalties depends upon the circumstances
of the case.
Conversely, aliens can also be granted relief and/or asylum as a result of their hearing.
The can be permitted to withdraw their application for admission, which lessens the
penalty for illegal entry. Also, they can have their case terminated outright.
Appeals of immigration hearings fall within the jurisdiction of the Board of Immigration
Appeals (BIA). Aliens who may lose legal status by being removed from the US typically
pursue these proceedings. BIA decisions can be appealed to the US Courts of Appeals;
thus moving from the administrative law process in the Executive Branch to the US
Courts for a final decision. The final authority for immigration appeals is the US
Supreme Court. The time it takes to proceed through the appellate process can be
significant and further places a burden on DRO to provide long-term detention.
Strategic Planning (DRO Strategic Plan, 2003-2012: Endgame)
The key to sustained program success is the development of a sound and logical planning
process that will drive operations and ultimately resource requirements. DRO chartered
the strategic plan-working group (SPWG) to develop the products needed to write its first
ten-year strategic plan and monitor its implementation and execution. Drafting DROs
Strategic Plan 2003-2012: Endgame was the first step in this process. DROs ultimate goal
however is not only to develop and implement a strategic plan but to routinely integrate
strategic thinking with operational planning which will then drive resource requirements
and budget formulation.
With the strategic plan in place, DRO is developing its first five-year budget supported
by this five-year business plan. Endgame provides the long-term strategy for achieving
DROs golden measure which is to remove all removable aliens. The business plan
provides the critical milestones, performance measures and resource requirements needed
to get there. This business plan serves as the tool to implement the strategy and monitor
DRO performance in the coming years. DRO will engage in a cyclical process where
performance is continually measured against projections and resources received to
modify and adjust operations, plans, and budgets appropriately.

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DRO Planning Process
The key to sustained program success is the development of a sound and logical planning
process that will drive operations and ultimately resource requirements. DRO chartered
the strategic plan-working group (SPWG) to develop the products needed to write its first
ten-year strategic plan and monitor its implementation and execution. Drafting Endgame,
DROs 2003-2012 strategic plan was the first step in this process. DROs ultimate goal
however is not only to develop and implement a strategic plan but to routinely integrate
strategic thinking with operational planning which will then drive resource requirements
and budget formulation.
With Endgame in place, DRO is developing its first five-year budget supported by this
five-year business plan. Endgame provides the long-term strategy for achieving DROs
golden measure which is to remove all removable aliens. The business plan provides the
critical milestones, performance measures and resource requirements needed to get there.
This business plan serves as the tool to implement the strategy and monitor DRO
performance in the coming years. DRO will engage in a cyclical process where
performance is continually measured against projections and resources received to
modify and adjust operations, plans, and budgets appropriately.
DRO Core Functions
All DRO work efforts can be captured within two core areas, other wise known as its
core business functions: removals, and custody management and more specifically, by
key processes within each as depicted in the following table.
Removal
The removal of an alien from the United States based on a final order of removal.
Custody Management
The act, manner, or practice of managing, caring for, supervising, or controlling the
temporary holding of individuals charged with federal crimes or pending immigration
hearings and removal proceedings and all applicable resources necessary to complete this
function.
Identify: Identification of the case(s) and alien(s)requiring a direct enforcement response
or action by DRO staff.
Locate/identify and obtain adequate detention space (traditional & non-traditional):
Acquire sufficient and appropriate bed space to meet various detention needs.
Locate: Actions taken to determine the whereabouts of alien(s) for the purpose of
apprehension, questioning.

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Manage/monitor the detention population: Ensure detainees are properly classified for
risk and placed accordingly.
Apprehend: The seizure, taking or arrest of a person on a criminal or administrative
charge based on a violation of the immigration laws of the United States.
Manage/monitor detention space: Ensure facilities comply with recognized building and
safety codes as well as national detention standards.
Process: Management of an aliens case from identification through removal. Will include
updating aliens records in appropriate DRO enforcement databases, determination of
appropriate enforcement action, and preparation/request of necessary documentation to
initiate enforcement action.
Community/external relations: Build partnerships with principle stakeholders to facilitate
and expedite the removal process, garner support from the community and market DROs
role as critical to the immigration enforcement process and fundamentally different from
traditional punitive incarceration.
Removal: The removal of an alien from the United States based on a final order of
removal.
Internal integrity (internal audits/reviews): Develop a quality assurance program to
ensure all DRO operations maintain the highest levels of productivity, professionalism,
and quality.
Fleet and Transportation Management: DRO relies heavily on an extensive transportation
program that utilizes both ground and air assets to fulfill its mission in completing
domestic transfer of aliens as well as their removal from the United States. DRO will
oversee and administer the acquisition, assignment, and disposal of vehicles and
equipment to meet transportation needs.
A more detailed depiction of the core business functions as they relate to fiscal program
elements follow. These program elements allow the Program to measure performance and
build resource requirement along functional lines within its core business functions.
Removals
The primary responsibilities of the DRO program as part of the DHS immigration and
law enforcement mission are to provide adequate and appropriate custody management to
support removals, to facilitate the processing of illegal aliens through the immigration
court, and to enforce their departure from the United States. Key elements in exercising
those responsibilities include: identifying and removing all high-risk illegal alien
fugitives and absconders; ensuring that those aliens who have already been identified as
criminals are expeditiously removed; and to develop and maintain a robust removals
program with the capacity to remove all final order cases issued annually thus precluding

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growth in the illegal alien absconder populations. Simply stated, DROs ultimate goal is to
develop the capacity to remove all removable aliens.
Traditional Removal Proceedings: The Immigration and Nationality Act (INA) grants
aliens the right to a removal proceeding before an immigration judge to decide both
inadmissibility and deportability. Aliens can be removed for reasons of health, criminal
status, economic well being, national security risks and others that are specifically
defined in the act. An immigration judge weighs evidence presented by both the alien and
DHS, assesses the facts, considers the various factors, and renders a decision which can
be appealed to the Board of Immigration Appeals. When the decision rendered is to
depart the country, DRO takes over the responsibility to facilitate the process and ensure
the alien does, in fact, depart. The process includes coordination with foreign government
and embassies to obtain travel documents and country clearances, coordinating all the
logistics and transportation necessary to repatriate the alien and, when required, escort the
alien to his or her home of record.
Alternative Removal Processes: The INA provides several alternative removal
procedures to maximize efficiencies and expedite the removal process wherever
applicable and appropriate.
Expedited removal can be exercised after the DHS orders the removal of aliens after
inspection and subsequent findings of inadmissibility on grounds relating to fraudulent
activity i.e. no documents, improper documents, fraudulent documents, or other forms of
fraud). The expedited removal process is the only formal removal process that can be
used when these are the only grounds of inadmissibility. This process also applies to
aliens whose claims for fear of persecution are not found credible, and to aliens who
claim certain types of status but immigration judges find do not have these types of
status.
Administrative removal can be exercised by the Attorney General as an alternative to
hearings conducted by immigration judges for certain serious criminal offenders. As a
result, DHS may issue final administrative removal orders to certain aliens who have
been convicted of one or more aggravated felonies and who are not lawful permanent
residents.
Judicial removal is authorized to remove certain aliens at the request of the U.S. Attorney
with DHS concurrence. U.S. district court judges have jurisdiction to enter judicial
removal orders when sentencing aliens deportable based on certain criminal convictions.
This procedure can only be used in the Federal courts.
Stipulated judicial removal is a judicial removal entered as a condition of probation or
supervised release or both in a plea agreement between the alien and the US government.
The alien will waive the right to notice and a hearing by agreeing for a removal order to
be entered as part of his plea agreement (stipulation). A U.S. district court judge in a
felony or misdemeanor case, or a U.S. magistrate judge in a misdemeanor case, may
accept such a stipulation and enter a judicial order of removal.

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Stipulated removal is exercised by an immigration judge when he/she enters a removal
order without a hearing based on an agreement between the alien and the DHS. In some
instances, a judge in a criminal case may consider the alien's agreement to be removed
when the judge imposes a sentence for the criminal charge.
Reinstatement of removal orders are applied to aliens who illegally reenter the United
States after removal. The original removal order is reinstated as of the original date and is
not subject to being reopened or reviewed. Reinstatement of the removal order is
mandatory if the DHS determines that the alien who reentered unlawfully is, in fact, the
same person who was previously removed.
Custody Management
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 and other
immigration laws authorizes and sometimes mandates that DRO detain illegal aliens who
are charged with violating immigration law, have entered the United States illegally, or
have been ordered to leave the country. These aliens are detained while their immigration
proceedings are administered and facilitates their proper and expedient removal from the
country when ordered to do so. DRO administers a national detention program that uses
funding appropriated specifically for the care of these aliens and includes the
transportation, housing, subsistence, medical care, and guard service necessary to provide
safe and humane environments to the inmate population and detention staff. The
responsibility begins when a detainee is brought into DRO custody and continues until
the alien can be released into the community or removed from the United States. The
detainee population is generated by multi-component investigative and prosecutorial
efforts within the Department of Homeland Security.
DRO detains aliens for administrative purposes, not criminal and punitive, to ensure they
comply with the immigration process. In particular, these aliens are detained because they
are determined to be a threat to public safety or pose a significant risk of flight if
released. Other factors that DRO considers in making detention determinations are
similar to those reasons used to justify removal which include health, prior criminal
history and the severity of their crimes, history of failure to appear for Court, equities in
the United States and evidence of ties to the community, availability of relief from
removal and the likelihood of relief being granted, and prior immigration history.
This detained population is inherently unique, requiring specialized knowledge and
processes to safely and humanely hold in appropriate facilities and meet all operational
demands. The DRO detained population includes illegal economic migrants, aliens who
have committed criminal acts, asylum-seekers (required to be detained by law) or
potential terrorists. These persons can be male, female, unaccompanied juveniles of either
gender, or families. This diverse population necessitates different environments,
standards, and management procedures within DRO facilities than that of other federal,
state, county, or local correctional facilities. Additionally, detainees have unknown
lengths of stay in custody because they are dependant on the speed of immigration court
hearings, appeal review or removal processing.

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Factors that DHS considers in making detention determinations include prior criminal
history, the severity of the crimes for which the alien was convicted, history of failure to
appear for Court, equities in the United States and evidence of ties to the community,
availability of relief from removal and the likelihood of relief being granted, and prior
immigration violation history. DRO detention policy sets forth guidelines for determining
priorities in which aliens should be detained. This policy sets forth four major categories
of aliens and classifies these individuals as for placement into high priority, medium
priority, or lower priority detention.
Category I, mandatory detention;
Category II, includes security and related crimes, other criminals not subject to
mandatory detention, aliens deemed to be a danger to the community or a flight risk and
aliens smugglers;
Category III, includes inadmissible non-criminal aliens (not placed in expedited
removal), aliens who committed fraud or were smuggled into the United States, work site
apprehensions; and
Category IV, includes non-criminal border apprehension, other aliens not subject to
mandatory detention, aliens placed in expedited removal.
Not every alien taken into DRO custody has to be placed into traditional or hardened
detention facilities. Low threat and low risk aliens can be placed into non-traditional
settings (halfway houses, intensive supervision) as they complete their immigration
proceedings. These non-traditional methods or alternative programs provide a more cost
effective solution to hardened detention facilities and free up bed space for those aliens
who must be detained.
The alternative to detention program is a comprehensive array of alternative detention
settings and methods that, when employed, will provide a more cost effective solution to
ensuring that low risk individuals in immigration proceedings comply with their
immigration obligations. Releasing these individuals from hardened and secure detention
facilities and into controlled alternative environments creates bed space for those aliens
who must be detained, and minimizes the management and oversight needed for those
aliens in alternative settings. While bed costs in alternative settings equal those in
traditional detention the logistics and special requirements needed to manage special
populations such as families and non-criminal females are less intensive than managing
that same population integrated into a traditional environment. Additionally, moving
these unique populations out of traditional facilities frees up bed space exponentially as
two rooms needed to house one family will be freed up to bed 2 and 3 times more
individual aliens.
Current custody management initiatives include the establishment of halfway houses
particularly suited to house families, female asylum seekers and non-criminal females.
These dormitory style facilities are secured by staff only and have no fences, bars or

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watch towers, providing a less restrictive and more humane atmosphere for individuals
who are not releasable. With these facilities in place, the logistical strain for moving,
placing, and housing females and families is removed from the mainstream, hardened
detention environment. DRO will continue its research into available technology and
methods in order to create and provide safe, secure and humane alternatives to detention.
Custody management is a key tool in the immigration enforcement process. Through an
array of traditional and non-traditional detention methods, DRO ensures aliens complete
their immigration proceedings and are removed when ordered to do so. Experience shows
that aliens who are placed into traditional and non-traditional detention environments
have high court appearance rates and high removable rates and achieving high removable
rates, especially 100%, is DROs overarching goal.
Supporting Functions
Fleet and Transportation Management
DRO relies heavily on an extensive air and ground transportation fleet to complete the
domestic transfer of aliens as well as their foreign removal. Transportation assets must
also be in place to support the movement of aliens between facilities and courtrooms as
required during their immigration proceedings. This transportation program includes the
use of commercial and government aircraft (owned and leased via the Justice Prisoner
and Alien Transportation System (JPATS), as well as government owned ground
transportation conveyances. The DRO vehicle fleet consists of a total of 2049 vehicles
(248 buses and 1801 vans, sedans, and trucks).
All detainee transport vehicles are outfitted with appropriate security equipment to ensure
the safety of the detainee, staff, and general public. Additionally, the DRO fleet consists
of undercover vehicles, primarily sedans and mini-vans, outfitted as such in order to
conduct alien absconder/fugitive operations.
During fiscal year 2002, JPATS conducted 897 DHS missions, which included 3,205
takeoffs and landings, utilizing 5,634 flight hours. Meeting this demanding schedule was
a challenge considering the age of the aircraft under contract to the JPATS system during
FY 2002. Newer, more capable aircraft should improve schedule reliability and capacity
as they are acquired in FY 2003.
During FY 2002, the total passenger count was 81,437 for all the JPATS movements,
including special missions. This exceeded the 78,000 to 80,000 passenger movements
predicted at the beginning of the year. In addition to high security/sensitive missions
following September 11th, DRO also continued the ongoing mission of the repatriation of
aliens. The original prediction was to repatriate 12,000 aliens and DRO finished with a
record year for moving 13,573 individuals to 9 different countries.
DRO will continue efforts to re-capitalize its ground fleet and institutionalize a
comprehensive fleet management and replacement program. DRO will also evaluate

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local, regional and national transportation demand to support development of a
comprehensive transportation operating system that includes the optimal use of JPATS
resources. As part of this effort, DRO will pursue a contract for secure air transportation
services in support of the repatriation program. Once awarded, the contract is anticipated
to facilitate the repatriation process, increase program security, improve staff efficiency,
and reduce costs.
Human Capital Management
This area has not been addressed either systematically or strategically in the past.
Through the strategic planning process, DRO developed a strategic approach to human
capital management. Providing the right employees with the right skills to perform their
jobs is fundamental to operational effectiveness and affords them the opportunity to
advance within the Agency. DRO has made it a priority to partner with HRD and
Training to develop the programs to allow us to achieve this goal.
DRO will work with human resource experts to find and implement ways to increase job
satisfaction through professional development and other areas. Position descriptions and
job series will be continuously reviewed to ensure that personnel filling these positions
are properly trained, that the position supports operational requirements and that the
position and personnel are properly classified. Recent results from such an initiative is the
reclassification of the Detention Enforcement Officer (DEO) position to that of an
Immigration Enforcement Agent (IEA). This reclassification is necessary for completion
of several of the strategies identified above. For example, for DRO to effectively manage
the IRP, it must employ officers trained at a higher level and with greater authority than
what is afforded the current DEO position. The IEA position will be a force multiplier for
all immigration enforcement functions with its enhanced authorities and capabilities. This
position maximizes DROs human resource assets by inspiring a more professional
workforce with greater job satisfaction and higher recruitment and retention rates. This
critical initiative will require a significant redirection of resources or new resources.
DRO is working with human resource experts to develop a career path plan that identifies
the skills necessary to advance within in an occupation and the points to transition from
occupation to occupation. DRO will also initiate a program to develop the leaders of the
future through training and developmental assignments.
A robust officer corps can only be developed and maintained with high quality, focused
and sustained training. Current initiatives in that arena include a fugitive operations
program, and IEA transition training. Both programs directly support overall removal
efforts in the fugitive operations and institutional removal programs.
Infrastructure Renewal
Aside from efforts in fleet management, DRO is committed to reducing the $500M
backlog in construction projects. Every year, DRO works closely with HQ Facilities to
develop and submit enhancement requests.

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The project to establish an ENFORCE based data system to unify a number of systems is
underway. The DRO part is the ENFORCE Removals Module (EREM). EREM will
replace the Deportable Alien Control System (DACS) and is designed to improve data
integrity and take advantage of existing data thereby reducing workload. The data
captured will also be more closely linked to performance goals and their measurement.
FY 2003 Implementation Plan
STRATEGIC OBJECTIVE 5.2: MAINTAIN PUBLIC SAFETY
Promote national security and public safety by combating immigration-related crimes and
removing individuals, especially terrorists and criminals, who are unlawfully present in
the United States.
Overall Strategy:
Since the terrorist attacks on September 11, 2001, INS has reviewed its law
enforcement strategy in the interior of the United States. This strategic review builds
upon the critical role INS plays in ensuring domestic security through investigations
aimed at disrupting terrorist activity and the domestic networks that support them. In this
new environment, the Investigations Program promotes and relies upon an increased
interconnectivity among Intelligence, Border Patrol, Inspections and Overseas assets and
capabilities in accomplishing its mission in both information-sharing and tactical
operations. Externally, INS works more closely with other government agencies,
including FBI and the Department of State, to extend the reach of immigration law
enforcement to source and problem areas across the globe.
Accordingly, the strategic focus of the Investigations Program will continue to
emphasize investigations, either under exclusive INS jurisdiction or jointly with other
agencies that support the Administrations War on Terrorism. These include investigations
under the umbrella of the Joint Terrorism Task Forces (JTTF), investigations to locate
absconders and other immigration law violators whose arrest and removal would serve
the national interest, investigations based on sensitive intelligence regarding criminal
global smuggling organizations, investigations using traditional fraud and worksite
authorities to ensure the security of critical national infrastructure industries and
locations, and responses to local law enforcement officers who will play an increased role
in domestic security.
In addition to the new counter-terrorism responsibilities, INS must maintain its basic
mission requirements as well. These include the identification and removal of criminal
aliens, the detection and prosecution of fraud schemes and other threats to the integrity of
the legal immigration system, and the disruption and prosecution of organizations and
individuals involved in worker exploitation and human trafficking within the United
States.

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Effective interior enforcement requires an aggressive strategy that focuses on
attacking the system of illegal migration in the United States. The system depends on
alien-smuggling organizations, fraud facilitators, unscrupulous employers, and corrupt
attorneys and immigration consultants who seek to undermine our legal immigration
system. Failure to adequately address any one of these areas leaves large gaps in the
Services ability to control illegal immigration, and secure the integrity of the framework
of legal immigration into our country. Hence, the FY 2003 Strategy continues to
approach global illegal migration holistically. At the same time, the Strategy emphasizes
increased coordination among border enforcement and intelligence agencies to work
domestic investigations back to the source.
The criminal organizations that engage in alien smuggling and immigration fraud as
well as foreign-born-terrorist organizations pose a significant threat to the public safety
and national security of the United States. Seizing the assets of these organizations and
individuals reduces their capital, thus affecting their ability to operate, and also takes
away the profit incentive inherent in nearly all criminal activity. As a result of INS efforts
many alien smugglers, fraud organizations, and facilitators were arrested and presented
for prosecution; assets where seized; and aliens with a nexus to organized crime, violent
gangs, drug trafficking gangs, or who have terrorist related affiliations, were
apprehended. These efforts provide a significant public benefit.
In FY 2003, INS will continue its aggressive campaign to remove all removable
aliens, with a concentrated focus on criminal aliens. INS will develop a fugitive
operations program to identify, locate, apprehend and remove criminal aliens who have
received final orders of removal and who have not presented themselves for final removal
(absconders). INS will continue its Institutional Removal Program (IRP) to identify,
locate, process and provide hearings for aliens within the criminal justice system and
effect their expedient removal after their release from custody and/or incarceration. INS
will also develop systems to monitor and track individuals released from custody to
ensure their appearance for final removal. INS will continue its coordination and
cooperation with both government and non-government organizations to facilitate
removal efforts. INS will target its efforts to include the use of the National Crime
Information Center to identify criminals and recidivists.
Another key element of INS enforcement mission is to remove illegal aliens from the
United States. INS is legally required to remove aliens who have received formal removal
orders or who have volunteered to be repatriated. A fundamental part of this mission is to
ensure the removal of the criminal element in the alien population. INS is adopting new
policies and procedures to improve the effectiveness of the Institutional Removal
Program, a program designed to identify and remove incarcerated criminal aliens by
means of administrative or hearing processes before their release from custody. Focusing
on the criminal alien removals enhances the promotion of public safety.
Another management challenge is in the area of identifying and removing persons
who are in the United States illegally, including the monitoring of alien overstays.
Knowing who has entered and who has departed our country in real time is an important

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element in enforcing our laws. The Data Management Improvement Act, passed in FY
2000, requires INS to develop a fully-automated, integrated entry-exit data collection
system and deploy this system at airports and seaports by the end of FY 2003; at the 50
largest land ports-of-entry (POEs) by the end of FY 2004; and all other POEs by the end
of FY 2005. The legislation also requires a private sector role to ensure that any systems
developed to collect data do not harm tourism or trade.
Skills:
Achievement of this goal requires personnel to attain and maintain mandatory law
enforcement skills including proficiency with firearms and various non-deadly force
methods; expert knowledge of applicable Federal statutes, regulations, Executive Orders,
policies and procedures, including rules of search and seizure, arrest authorities, and
Federal Rules of Evidence. Personnel must maintain a high degree of interpersonal skills
and problem solving and investigative abilities as well ethical and moral standards
consistent with the organizations set of core values. They must possess strong computer
skills with a variety of office productivity systems and software, as well as with
specialized law enforcement and national security, computer databases. They must be
able to operate a variety of motor vehicles. Personnel are employed in positions including
the following: Criminal Investigators/Special Agents, Deportation Officers, Detention
Enforcement Officers, Docket Clerks, IRP Directors, Special Agents, Investigative
Assistants, Financial Analysts for asset forfeiture, Intelligence Agents/Officers,
Attorneys, and Legal Technicians, analysts and other support staff.
STRATEGIC OBJECTIVE 5.2.1
SUB-GOAL TITLE: Promote National Security and Homeland Defense
STATEMENT OF GOAL: INS will play a major role in national security by making it
the primary focus of its interior enforcement efforts, including worksite enforcement,
fraud and Attorney General and Congressional initiatives intended to improve homeland
defense.
Background:
In the days following the September 11th terrorist attacks on America, a renewed focus
was placed on national security across the nation, within the federal government, and
specifically for the INS. The Service, led by the National Security Unit (NSU) at
headquarters and INS Joint Terrorism Task Force (JTTF) agents in the field has
responded to a dramatically increased workload, crisis conditions, and time-sensitive
multi-tasking with professionalism and dedication.
As a semblance of normalcy returns to the workplace in our changed world, it is
incumbent upon INS to create strategies and fiscal year goals for fully engaging foreign
threats to the nations security. While the NSU will continue to lead INS efforts in

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combating terrorism, other branches within the Investigations program will also continue
to make significant contributions to national security and homeland defense.

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ICE.000210.09-684

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STRATEGIC OBJECTIVE 5.2.2
SUB-GOAL TITLE: Enhance Public Safety through Criminal Alien Removal
STATEMENT OF GOAL: INS will focus on National Security efforts by aggressively
campaigning to removal illegal aliens from the United States. INS will develop a fugitive
operations program to identify, locate, apprehend and remove criminal aliens who have
received final orders of removal and who have not presented themselves for final removal
(absconders). INS will continue its Institutional Removal Program (IRP) to identify,
locate, process and provide hearings for aliens within the criminal justice system and
effect their expedient removal after their release from custody and/or incarceration. INS
will also maintain effective and efficient control of the non-detained docket. These
objectives are described in two task sub-sections below.
TASK: 2a) Removals
STATEMENT OF TASK: Promote the integrity of the immigration removals process,
deter immigration violations, and reduce recidivism through cohesive enforcement
strategies facilitating the location, apprehension and processing of illegal aliens,

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ICE.000212.09-684

especially criminals, to ultimately effect appropriate action to include prosecution, and/or
removal.
Background:
A key element of the INS enforcement mission is to remove illegal aliens from the
United States especially those who have received final orders of removal or who have
volunteered to be repatriated. A fundamental part of this mission is to ensure the removal
of the criminal element in the alien population. Focusing on the removal of criminal
aliens promotes the assurance of public safety and the protection of our national security.
Strategies and Initiatives to Achieve the FY 2003 Sub-goal:
As a result of the impacts of September 11, 2001, INS enforcement assets have been
redirected to support national security priorities reducing their availability for traditional
enforcement efforts. Additionally, current national policy has reemphasized the
importance of criminal alien removal and therefore rendered it a central focus of INS
enforcement for FY 2003. Throughout FY 2002, the Office of Detention and Removal
(DRO) developed a ten-year Strategic Plan. FY 2003 marks the first year of
implementing the plan, and among those strategies and initiatives identified for FY 2003
are the following:
Work closely with Inspections, Investigations, Border Patrol, and the Executive Office
for Immigration Review (EOIR) to ensure cases are processed expeditiously and
removals are completed in a timely fashion;
Continue processing criminal alien-inmates through the Institutional Removal
Program (IRP), at a reduced level of effort, and expedite their removal from the United
States to the maximum extent practicable. In FY 2003, INS will commence the first phase
in the transition of the IRP from being the responsibility of the Investigations program to
DRO;
Continue coordinating with foreign embassies and consulates to reduce the time
needed to obtain travel documents for aliens with final orders of removal;
Develop and implement a centralized ticketing program that will be a single source for
coordinating and tracking escort procedures, travel information and related costs;
And continue efforts to elevate the professional level, job satisfaction, and retention
and recruitment rates of the DRO workforce. INS will especially concentrate on
developing advance training programs that will provide officers with those skills
necessary to accomplish the Services mission in the evolving enforcement climate.
Major Assumptions and Issues:

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ICE.000215.09-684

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STRATEGIC OBJECTIVE 5.2.3
SUB-GOAL TITLE: Preserve the Integrity of the Legal Immigration System.
STATEMENT OF GOAL: Investigative efforts will focus on the dismantlement of fraud
organizations as well as the prosecution and apprehension of principals and facilitators
that exploit the legal immigration system by creating an environment whereby aliens can
obtain fraudulent documents, commit benefit fraud and/or identity theft in an effort to
either enter and/or remain in the United States under false pretenses.
Background:
In furtherance of the INS support of counter-terrorism investigations, and as a result of
the terrorist attacks of September 11, 2001, the anti-fraud efforts of the Investigations
Program will target large-scale conspiracies in the form of fraud organizations and
facilitators/ principals involved in benefit and document fraud. Unscrupulous individuals
and/or facilitators frequently resort to fraud, misrepresentation, and other irregularities in
the preparation of INS petitions, applications, and documents in order to enter the United
States under false pretenses and, in some instances, for furtherance of their criminal
activity. The INS must ensure the integrity of the Visa Process by identifying fraudulent
applications and prosecuting those that are responsible for these acts. Maintaining focus
on major fraud conspiracies increases the effectiveness of the anti-fraud program, which
in turn provides additional support to other INS enforcement efforts against organized
crime, terrorism, alien smuggling, and convicted criminals.
Strategies and Initiatives to Achieve the FY 2003 Sub-goal:

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ICE.000216.09-684

Certain benefit fraud schemes involve innocent victims caught up in immigration
practitioner fraud e.g., fraud committed by unscrupulous immigration practitioners (both
attorneys and non-attorneys) who target vulnerable and ill-informed aliens. INS field
offices will be prepared to launch practitioner fraud pilots in Los Angeles and Chicago
pending approval by the Department of Justice.
INS field offices will continue to vigorously seek prosecution of facilitators/principals
with a nexus to document fraud investigations.
Investigations and ISD will implement the Joint Fraud Strategy in FY 03. The strategy
balances assessment and prosecutions. The assessment is reviewing 10 different
applications. Fieldwork pursuant to these leads will both verify fraud and prosecute the
offenders.
FY 2003 Major Assumptions and Issues:
FY 2003 performance target levels have been set in direct response to the high level of
production in Benefit/Document Fraud Investigations in FY 2002. All projected targets
were exceeded substantially in FY 2002 despite the severe impact of 9/11 on resource
allocation within INS Investigations Program. The FY 2003 performance targets are the
result of that tremendous success and, barring the unforeseeable, reflect the expectation
that INS Fraud Investigations will maintain this positive trend.
FY 2003 Performance Measures, Milestones and Targets:
Performance Measure: Present for prosecution benefit and/or document fraud cases
Target: 430
Performance Measure: Present for prosecution benefit and/or document fraud
principals/facilitators
Target: 575
Performance Measure: Accept for prosecution benefit and/or document fraud cases
Target: Report Only
Performance Measure: Accept for prosecution benefit and/or document fraud
principals/facilitators
Target: Report Only
STRATEGIC OBJECTIVE 5.2.4
SUB-GOAL TITLE: Protecting Authorized Labor

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STATEMENT OF GOAL: The INS will protect the access to safe and profitable
employment to authorized workers while limiting the work opportunities of illegal aliens
by pursuing lead-driven investigations that involve alien smuggling, human trafficking,
exploitation and other criminal offenses and substantive administrative violations leading
to displacement of legal workers.
Background:
INS will focus its worksite enforcement investigations to:
Take administrative and/or criminal action against employers whose hiring practices
are tolerant to employing unauthorized aliens.
Ensure domestic security by removing unauthorized aliens [security risks] from
sensitive jobs where they have the potential of inflicting serious bodily harm or death to
innocent people or severe damage to our public infrastructure and/or economy.
Ensure that businesses of national and local interest have a legal workforce.
An INS field office may initiate a WSE investigation of employers, where there is primafacie evidence of egregious alien trafficking offenses, criminal violations, human rights
abuses, or worker displacement. Worker displacement occurs when authorized workers
are fired or not hired to make jobs available for unauthorized workers.
Strategies and Initiatives to Achieve the FY 2003 Sub-goals:
Consistent with the INS interior enforcement strategy, worksite enforcement
investigations will focus on employers whose violations may involve alien smuggling;
document, identity, and immigration fraud; human rights abuses; other related criminal
offenses; and substantive (knowing hire or continuing to employ) administrative
violations.
Responding to HQ or local initiatives, INS field offices will ensure domestic security,
by removing unauthorized workers from positions where they have the potential to inflict
serious bodily harm or death and/or inflict serious damage to infrastructure and
economy.
When applicable, the INS will take administrative and/or criminal action against any
employer found in violation of administrative and/or criminal provisions of Federal law
or regulations.
The national security priority notwithstanding, INS field offices may initiate an
investigation of employers, where there is prima-facie evidence of egregious:
Alien trafficking offenses

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Criminal violations
Worker exploitation
Worker displacement (worker displacement occurs when authorized workers are fired
or not hired to make jobs available for unauthorized workers), or
INS field offices may also initiate a WSE investigation on any employer, included, but
not limited to businesses of national interest (BNI), if the investigation performs a
significant community service.
INS field offices will also monitor the national unemployment rate.
FY 2003 Major Assumptions and Issues:
The FY 2003 targets developed in this section assume there will be no personnel
enhancements for worksite enforcement. Also, due the immediate National crisis, it may
be determined during the fiscal year that worksite enforcement resources will be diverted
to other higher priority INS investigations.
Since 9-11, the INS has focused the vast majority of its worksite enforcement
resources on investigations of businesses of national interest, a national security
initiative. While very successful from a national security perspective, these investigations
have resulted in no reported administrative or criminal actions against any employer.
Therefore, the past year efforts make it difficult to measure our performance in the more
recently traditional ways criminal presentations for prosecutions and substantive Notices
of Intent to Fine (NIFs). FY 01 was the last reporting year that was not fully impacted by
the WSE operational changes brought about by the events of 9-11. For that reason, the
INS will use the FY 01 data in LYNX as its baseline for some of the below Performance
Measures. The INS anticipates that 90% of the WSE investigations will target BNIs as
opposed to lead driven investigations. And if the current pattern continues, they will
result in far fewer administrative and/or criminal actions than were reported in FY 01.
The vast majority of the investigations conducted in FY 01 were a direct result of a
specific lead. In consideration of all of the facts outlined in this paragraph, these targets
for FY 03 will be 10% of what was reported in FY 01, except for NIFs whose target is
based on FY 02 activities.

Appendix 2-3 Detention and Removal Strategic Plan
Appendix 2-4 End Game - Easy Reader
Appendix 3-1 Threat Conditions Handbook

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Appendix 11-1 Creating an A File in the Deportable
Alien Control System (DACS)

(b)(2)High,

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ICE.000220.09-684

(b)(2)High

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ICE.000221.09-684

(b)(2)High

Appendix 11-2 "A" File Construction
Appendix 11-3 Use of New Special Class Codes in
DACS, Memorandum, dated April 10, 2003
U.S. Department of Justice
Immigration and Naturalization Service
HQOPS 50/12.8
Office of the Executive Associate Commissioner

425 I Street NW

Washington, DC 20536
April 10, 2003
MEMORANDUM FOR
FROM:

DISTRIBUTION

Johnny N. Williams

Executive Associate Commissioner
Office of Field Operations
SUBJECT:

Use of New Special Class codes in DACS

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ICE.000222.09-684

the Office of Detention and Removal created (b)(2)High new special class codes
rtable Alien Control System (DACS
odes are
(b)(2)High
(b)(2)High
nd can only be entered or deleted by
personnel.
Additionally, these new codes will advise the field that the person has been identified as
an absconder, that the person is listed in the National Crime Information System and that
certain precautions should be taken when dealing with the case. Furthermore, these codes
will support statistical reporting requirements as well.
(b)(2)High

Special Class c (b)(2)High
y (b)(2)High cases, represents those
(b)(2)High
cases in which the
has the lead. Those cases were
identified in a memorandum from the Executive Associate Commissioner, Office of Field
Operations, dated January 28, 2002. The criteria for these cases have not changed. To
further assist the fiel
(b)(2)High
instructi
(b)(2)High
(b)(2)High
(b)(2)High
. As stated, offices are to notify the
(b)(2)High Unit before making any decision or taking any action.
Special Class codes (b)(2)High are all other absconders. Special Class Code(b)(2)High
ers with a final, but unexecuted order of removal, dated pri
(b)(2)High
These cases have been identified as the backlog cases that are the
he permanent fugitive teams created pursuant to the memorandum
issued on March 8, 2002, by the Deputy Executive Associate Commissioner, Office of
Detention and Removal. Special Class C (b)(2)High
absconders with a final, but
(b)(2)High
unexecuted order of removal, dated afte
These cases are considered
current absconder cases and are the prim
of the individual deportation
officers who maintain those cases on their dockets. Nothing in this memorandum,
however, precludes either case from being pursued by any and all immigration officers
who have the authority to make such arrests.
To further assist the
instructions such as:
offices are to notify the

S will have
As stated,

(b)(2)High
(b)(2)High

for guidance.

Questions regarding the use of these Special Class codes may be directed to the either
the DACS
Removal, Director of Removal, or
(b)(2)High
through the
Attachment
DISTRIBUTION:
REGIONAL DIRECTORS
DEPUTY EXECUTIVE ASSOCIATE COMMISSIONER, ENFORCEMENT

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ICE.000223.09-684

DEPUTY EXECUTIVE ASSOCIATE COMMISSIONER, DETENTION AND
REMOVAL
TRANSITIONAL FIELD COORDINATORS
CHIEF, BORDER PATROL
ASSISTANT COMMISSIONER, INSPECTIONS
DIRECTOR, LAW ENFORCEMENT SUPPORT CENTER
cc:

Official File

HQDRO Chron File

Appendix 11-4 "Juvenile Aliens: A Special Population"
Table of Contents
This Manual represents Appendix 11-4 of the Detention and Removal Officer's Field Manual

1
2
3
4
5
6
7
8
9

Introduction-Juvenile Detention and Shelter Care Program
Procedures for the Arrest and Detention of Juvenile Aliens
Special Issues and Special Populations
Nonsecure and Secure Juvenile Facilities
Inspection Standards for Juvenile Shelter Care and Secure Juvenile Detention Facilities
Transportation Requirements
Legal Requirements- Representation
Escapes and Other Emergency Incidents
Medical Issues

Attachments:
Attachment 1- Jenny Lisette Flores, et al. v. Janet Reno Stipulated Settlement Agreement
Attachment 2- Perez-Funez Rights Advisal
Attachment 3- Special Use Forms
Attachment 3a:
Referral for Home Assessment Form
Attachment 3b:
Notice of Placement in Secure Juvenile Detention Facility

1.

Introduction-Juvenile Detention and Shelter Care Program

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Program Oversight and Direction. The Immigration and Naturalization Service's (INS') Juvenile De
and Shelter Care Program is directed and overseen by the INS' National Juvenile Coordinator in the
of Field Operations, Detention and Removals, Detention Operations Branch (HQOPS/DOB).

Funding for Juvenile Beds. Juvenile bedspace is often difficult to secure. Consequently, juvenile
regardless of location, are national beds and are available to all INS offices nationwide. Juvenile be
categorized as either secure (secure or medium-secure juvenile detention facilities) or nonsecure (ju
shelter care facilities, group homes, foster homes, etc.).
Primarily, the INS uses the following three types of contracting vehicles to secure juvenile bedspace:

Cooperative Agreements with private profit and nonprofit agencies, which pays for and pr
guaranteed bedspace, whether it is used or not.
2. Intergovernmental Service Agreements (IGSAs) with local government entities.
3. Purchase Orders, used on occasion to handle emergencies or special circumstances.
1.

Funding for juvenile beds secured through Cooperative Agreements is provided by HQOPS/DOB.
contracts are funded at the Regional and District levels, with occasional assistance from HQOPS/DO
important to note that all juvenile beds are in state-licensed facilities, which the INS is required to fo
inspect each year.

The 2nd and 3rd contract types above enable the INS to pay only for those beds it actually use
number of contracted beds increasing or decreasing as needed. The effective use of these vehicles
the INS to accomplish its mission and ensure that funding for juvenile bedspace is used to op
efficiency. In addition, these contracting vehicles help the INS secure beds in various locations and p
for needed levels of security.

Flores v. Reno-Highlights of an Important Court Case. Jenny Lisette Flores, et al. v. Janet Reno was a
action lawsuit filed against the Immigration and Naturalization Service (INS) in 1985. It challenged s
aspects of INS policy dealing with the arrest, processing, detention, and release of juvenile aliens
custody. Two decisions preceded the Flores v. Reno Settlement Agreement (the Flores Agreement)
now in effect.1 The Flores Agreement sets out nationwide policy for the detention, release, and treatm
juveniles in INS custody, and supersedes all previous policies that are inconsistent with its term
settlement agreement became effective on February 24, 1997 (see Attachment 1 for copy of
Agreement).

The Flores Agreement formalizes many common-sense principles governing the treatment of juven
INS custody and includes the following general policies:


A juvenile is a person under 18 years old.



Persons emancipated by a state court OR convicted and incarcerated for a criminal offe
adults are NOT considered juveniles.



If a reasonable person would conclude that an individual claiming to be a juvenile is really an
that person shall be treated as an adult for all purposes, including confinement and release o

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or recognizance.2

2.



All juveniles should be treated with dignity, respect, and special concern for their pa
vulnerability.



Juvenile aliens must be placed in the least restrictive setting appropriate to their age and
needs, provided that the setting is consistent with being able to ensure the juvenile's
appearance in court and to protect his or her well-being and that of others.



INS Officers are not required to release a juvenile from INS custody to a person or agency
officer feels that the agency or person may harm, neglect, or fail to present the juvenile befo
INS or the Immigration Court when requested.
Procedures for the Arrest and Detention of Juvenile Aliens

Process juveniles for removal or voluntary departure in accordance with 8 CFR.236.3, regardl
whether ICE or another law enforcement agency took them into custody.

The procedures that follow clarify the differences between your role and the Juvenile Coordinator’s
case proceeds from arrest to detention to removal. (Expedited removal and withdrawal of applicat
admission are addressed in § 2.2, below.)

Note that, before apprehending any adult in the presence of a juvenile, you must take the time to lea
child’s age and immigration status, the relationship between adult and child and, if other than paren
the parents’ location and, if applicable, the name and address of a relative in the area.

With this information in hand, contact a Supervisory Detention and Deportation Officer. The Supe
Detention and Deportation Officer will, in turn, contact the Field Office Director or Deputy for appr
proceed with the arrest.
If you expect media interest, prepare a Significant Incident Report.
2.1

Arrest

2.1.1 After completing appropriate system checks, e.g., Central Index System (CIS), Deportable
Control System (DACS), Treasury Enforcement Communications System (TECS), National Auto
Immigration Lookout System (NAILS), the Arresting Officer should process juveniles expeditious
complete the following documentation for inclusion in the alien file (A-file). These documents m
provided to all juvenile aliens, whether detained, paroled, or released. The Arresting Officer must be
explain the documents in the juvenile's native tongue in terms the juvenile can understand. U
following checklist to ensure inclusion of all required documents.
"

Report of Deportable Alien (I-213 and continuation).
The Arresting Officer should obtain as much detailed biographical information as possible (see in
questions to ask when interviewing a juvenile). When completing the I-213, get the name, address, lo
and telephone number of any or nearest relatives in the United States. Form should be signed

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ICE.000226.09-684

Arresting Officer and reviewing official. Place in file; no copy to juvenile.
"

Notice to Appear (I-862) (original and copy).
For 13 and under, conservator3 must sign certificate of service. The original and one copy is pla
the file; another copy is given to the juvenile. This form should be signed by the authorized issuing o
The certification of service on the juvenile alien is signed by the Arresting Officer and by the juvenile
juvenile is apprehended at a port-of-entry (POE) and a Notice to Appear (NTA) is being used, s/he
be charged under both Section 212(a)(7)(A)(i)(I) of the Act (as an alien not in possession of prope
documents) and Section 212(a)(4) (as an alien likely to become a public charge). Other charges m
lodged as appropriate. As a general rule, juveniles should not be charged with Section 212(a)(6)(C)
Act, unless circumstances show the juvenile alien clearly understood that s/he was committing fraud
unknowingly involved in criminal activity relating to fraud.a This statement is from an 8/21/97 mem
the Office of Programs on "unaccompanied minors subject to expedited removal" to Management
Regional Directors, District Directors, Officers-in-Charge, Chief Patrol Agents, Asylum Office Director
Directors, Director of Policy Directives and Instructions, ODTF Glynco, and ODTF Artesia.a
"

Warrant of Arrest (I-200) (original and copy).
The original and one copy are placed in the file; another copy is given to the juvenile. This form
be signed by the authorized issuing official. The certification of service on the juvenile alien is signed
Arresting Officer and by the juvenile.
"

Notice of Custody Determination (I-286) (original and copy).
The original and one copy are placed in the file; another copy is given to the juvenile. This form
be signed by the authorized issuing official. The certificate of service on the juvenile alien is signed
Arresting Officer and by the juvenile.
"

Notice of Rights and Request for Disposition (I-770).
Ensure that all appropriate boxes are completed on both sides, with the alien's and Arresting O
signature. The original is placed in the file and a copy is given to the juvenile.
"

Biographic Data for Travel Documents (I-217).
The original is placed in the file.

"

Two sets of fingerprints or IDENT.
Only for juveniles 14 and older. Each set of fingerprints should include two FD-249 forms and on
form. Both are placed in the file.
"

Four frontal photographs.
All juveniles are to be photographed. Photos should be placed in the file.

"

Orantes Rights (For El Salvadorans only) (I-284).
Explain the rights to juveniles of all ages. The Arresting Officer and juvenile both sign; place in file.
the juvenile is 13 years of age or younger, the Orantes Rights should be explained to the conservator
Arresting Officer.
"

List of local legal services.
One copy is placed in the file and one is given to the juvenile.

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"
"

Copy of Exhibit 6 (Notice of Right to Judicial Review from the Flores Settlement).
Provide juvenile with a copy of Exhibit 6 and add it to the file.
Any additional forms as required by local district policy.

2.1.2 If a decision to release is made at the time of arrest to release a juvenile, s/he must alw
released to a qualified custodian (see Section 2.4, "Release," for order of custodial preference).

2.1.3 Once a decision is made to formally detain the juvenile, the arresting officer must notify the
Juvenile Coordinator to arrange detention space and transportation to the appropriate facility, con
with guidelines in the Flores Settlement (see Section 6 for detailed transportation requirements).
awaiting transfer to an appropriate juvenile facility, juveniles must be held in a suitable area (see Se
2.3.1 and 2.3.2).

On March 1, 2003, pursuant to the Homeland Security Act, the Office of Refugee Resettlement
assumed authority for decisions related to the care and custody of Unaccompanied Child(ren)(U
Federal custody. This includes their placement, transfer, and release.

Even so, DRO continues to have authority to take certain enforcement actions: voluntary retur
Canadian or Mexican national, immediate releasing the UAC to a parent or other adult relativ
permitting an older juvenile to withdraw a port-of-entry application for admission.

There has been no change to the current procedure, which requires you to contact a juvenile coordin
coordinate placement in any case involving the decision to detain a UAC. Branch Juvenile Coord
(formerly known as Regional Juvenile Coordinators) remain a vital link between field offices and HQD
these cases.


To place a UAC in detention pending release, return to country of origin, or the outco
proceedings, contact your Field Office Juvenile Coordinator (formerly known as District Ju
Coordinator) for preauthorization. The Field Office Juvenile Coordinator will, among other
determine the appropriateness of the facility you have in mind. Note that you must
preauthorization from the Field Office Juvenile Coordinator regardless of the UAC’s anticipated
detention.



After approving placement, the Field Office Juvenile Coordinator will immediately complete and
to the Branch Juvenile Coordinator a Case Action Worksheet (CAW). The Branch Coordinator w
e-mail the CAW to the HDRO mailbox (Office, JuvenileOPS) and the ORR m
(orrducs@acf.hhs.gov). ORR will respond to all requests made by DHS via CAW. You may p
according to instructions you receive from HQDRO.

Ask the juvenile for the following information and add it to the narrative of the I-213 Form:"




Location of immediate family;
Location and phone numbers of any friends or relatives in the United States or contiguous terr
Type of locale in country where juvenile was raised (suburban, rural, urban, etc.);

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









Whom the juvenile lived with before leaving home;
Length of time in transit, from home to the United States;
Route of travel (e.g., countries, length of time spent in each, status in each, date of arrival at b
etc.);
Destination in United States;
Person whom juvenile was to contact in the United States and phone number;
Present funds and anticipated method of support;
If smuggled, the arrangements made;
The health of the juvenile: are there any health problems admitted?
Juvenile's language skill: (1) Spanish, English, etc. (2) Speak, read, write, understand?

2.2 Expedited Removal and Withdrawal of Application for Admission b These procedures are fr
8/21/97 memo from the Office of Programs on "unaccompanied minors subject to expedited remo
Management Team, Regional Directors, District Directors, Officers-in-Charge, Chief Patrol Agents, A
Office Directors, Port Directors, Director of Policy Directives and Instructions, ODTF Glynco, and
Artesia.b

If a decision is made to pursue formal removal charges against the unaccompanied juvenile, the ju
will normally be placed in removal proceedings under Section 240 of the Act rather than expedited re
If formal proceedings are initiated against an accompanying adult relative or legal guardian, the ju
should be placed in the same type of proceeding (i.e., expedited removal or 240 proceedings) as the
However, withdrawal of application for admission by the juvenile should be considered wh
appropriate, even though the guardian may remain subject to formal removal proceedings.c Fr
8/21/97 memo from Office of Programs on "unaccompanied minors subject to expedited removal."c

2.2.1 When dealing with unaccompanied juveniles who appear to be inadmissible under S
212(a)(6)(C) or (7) of the Act, INS Officers should first try to resolve the case under existing guid
These guidelines permit granting a waiver, deferring the inspection, or employing other discre
means, as appropriate, including withdrawal of an application for admission (see below).

2.2.2 Whenever appropriate, the INS should permit unaccompanied juveniles to withdraw
applications for admission rather than place juveniles in formal removal proceedings. In deciding whe
permit an unaccompanied juvenile to withdraw his or her application for admission, every precaution
be taken to ensure the juvenile's safety and well-being. Consideration should be given to such de
factors as the seriousness of the offense in seeking admission, previous finding of inadmissibility a
the juvenile, and any intent by the juvenile to knowingly violate the law. The decision made, the fo
steps should be carried out:
For juveniles withdrawing their applications for admission:
1.

The INS Officer must be satisfied either that the juvenile is capable of understanding the with
process, or that a responsible adult (relative, guardian, or Consular Officer when no rela
guardian is available) is aware of the actions taken and of the juvenile's impending return.

2.

Whenever possible, Officers must attempt to contact a relative or guardian either in the
States or in another country regarding the juvenile's inadmissibility.4

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3.

Officers must ascertain the true nationality of the juvenile before permitting withdra
application. An important factor to consider is whether the port of embarkation to which the ju
will be returned is his or her country of citizenship. A juvenile may not be returned or be requ
transit through a country unwilling or unobligated to accept him or her. If the juvenile is
returned to a third country through a transit point, Officers must ensure that an immedia
continuous transit will be permitted.

4.

Officers must make every effort to determine whether the juvenile has a fear of persecut
return to his or her country before permitting the withdrawal of application for admission.
juvenile indicates a fear of persecution or intention to apply for asylum, or if there is any
especially in the case of countries with known human rights abuses or turmoil-the juvenile sho
placed in removal proceedings under Section 240 of the Act.

5.

If there is no possibility or fear of persecution on return, and the juvenile is permitted to wi
the application for admission, the INS Officer must notify the consular or diplomatic officials
country to which the juvenile is being returned. Safe passage can then be arranged.

6.

Following all notifications to family members and government officials, the juvenile may wi
the application for admission.

2.2.3 Under the following limited circumstances, an unaccompanied juvenile may be placed in Exp
Removal Proceedings:


the juvenile has, in the presence of an INS Officer, engaged in criminal activity that would qua
an aggravated felony if committed by an adult;



the juvenile has been convicted or adjudicated delinquent of an aggravated felony within the
States or another country, and the Inspecting Officer has confirmation of that order; or



the juvenile has previously been formally removed, excluded, or deported from the United Sta

2.2.4 For unaccompanied juveniles placed in expedited removal proceedings, the removal order m
reviewed and approved by the District Director, Deputy District Director, or person officially acting
capacity before the juvenile is removed from the United States. This is in addition to the normal supe
approval required of all expedited removal cases.

2.2.5 During processing of juveniles subject to expedited removal, all care and treatment provis
the Flores Agreement (see Section 2.1) apply.

2.2.6 When juveniles have already received a final order of removal, whether in expedited re
proceedings or formal 240 proceedings, they may be placed in proceedings pursuant to 8 C.F.R. §
"Reinstatement of Removal Orders," provided they have made a new entry.
2.3

Detention

The District Juvenile Coordinator is responsible for placing juveniles in appropriate facilities, accor

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the Flores Agreement (see Section 4, Nonsecure and Secure Juvenile Facilities) and for initiating
reunification efforts. S/he is also responsible for ensuring that facilities meet minimum required sta
(see Section 5, Inspection Standards for Juvenile Shelter Care and Secure Juvenile Detention Fac
The following procedures describe the next steps to be taken by the District Juvenile Coordinator in p
the juvenile.

2.3.1 Arrange to place juveniles in facilities that are safe and sanitary and consistent with INS' c
for the particular vulnerability of juveniles.
All post-arrest facilities, including temporary holding areas, will provide access to:







toilets and sinks;
drinking water and food, as appropriate;
medical assistance (if the juvenile needs emergency services);
adequate temperature control and ventilation;
adequate supervision to protect juveniles from others; and
contact with family members who were arrested with the juvenile.

2.3.2 Separate unaccompanied juveniles from unrelated adults whenever possible. If not imme
possible, an unaccompanied juvenile will not be detained with an unrelated adult for more than 24 hou

2.3.3 If a juvenile cannot be immediately released (see Section 2.4), and no licensed program is av
for immediate placement, s/he may be held by INS authorities in an INS contract facility with se
accommodations for juveniles, or in a state or county juvenile detention facility that separates them
delinquent offenders. Make every effort to ensure the safety and well-being of juveniles placed in
facilities (see Section 4 for further guidance on the use of secure juvenile detention facilities).

2.3.4 The District Juvenile Coordinator must file the juvenile's NTA with the appropriate office
Executive Office of Immigration Review (EOIR). If possible, venue should be set at the final destinatio

Note: It is important to remember that if a juvenile is 13 years old or under, the NTA must be signe
conservator, i.e., the person who has physical custody of the juvenile.5 (See boxes below for exam
how to establish venue according to location of facility space).

Example 1:
The NTA is served in Los Angeles, but appropriate facility and/or bed space can only be fo
Chicago. Therefore, the juvenile is transferred to Chicago and venue is set: the original NTA is file
the EOIR in Chicago.

Example 2:
The juvenile is placed in a facility in the same district where the NTA is served. Venue is establis
circumstances require a change of venue, contact the local District Counsel for assistance in filin
the court.d Information in 2.1.5 is from a memo dated 10/4/95 to all Regional Directors RO
Regional Operations Liaison Officers (ROOPS) (RODDP); all DIDIRS (X-Foreign); all CPA
Director of Training FLETC, GLYNCO, GA; INS Director of Training FLETC, Artesia, NM. From
Higgins, Assistant Commissioner of Detention and Deportation.d

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2.3.5 The District Juvenile Coordinator enters and routinely updates each case into the Juvenile
Management System (JAMS) and ensures that the case is updated in the Deportable Alien Control S
(DACS). The District Juvenile Coordinator will submit a copy of the JAMS juvenile data file to Headq
weekly so that the National Juvenile Coordinator can maintain an up-to-date record of all juveniles
custody.

2.3.6 For all juveniles in INS custody, the District Juvenile Coordinator must make weekly visits
facilities where juveniles are housed. During these visits, the District Juvenile Coordinator should a
the juveniles' welfare through meetings with staff and juveniles, and should ensure that their nee
being met. In meeting with juveniles, the District Juvenile Coordinator should update juveniles o
cases, facilitate attorney visits, ensure access to attorneys, and continue efforts to pursue, identif
document potential suitable sponsors (See Section 2.4, "Release"). The District Juvenile Coordinato
also need to reassess placement and arrange for transportation to another facility, if needed.

2.3.7 There are three scenarios regarding juvenile transfer: (1) from facility to facility within the distr
from one district to another within a region; or (3) from region to region. These transfers involve s
tasks and notifications of specific individuals (see Section 6, Transportation Requirements, for d
Because bed space is at a premium, special care must be taken in coordinating juvenile trans
conflicts or problems arise in securing bed space or in placing juveniles for any reason, to include s
needs, contact the National Juvenile Coordinator to help resolve the problem (see Section 4.4, "Eme
Placement or Transfer of Juveniles"). In general, the following rules apply for the three transfer scena

2.4

(1)

A juvenile cannot be transferred from one facility to another within a district without the appr
the Local or District Juvenile Coordinator.

(2)

When juveniles are transferred from one district to another district within a region, the local
Juvenile Coordinator contacts the Regional Juvenile Coordinator, who arranges and approv
transfer.

(3)

When transferring juveniles from region to region, the District Juvenile Coordinator will cont
Regional Juvenile Coordinator to coordinate and approve the transfer. In this case, the s
region's Regional Juvenile Coordinator must be in contact with the receiving region's Re
Juvenile Coordinator before and during the transfer.
Release

The INS will release a juvenile from its custody without unnecessary delay unless detention is re
to secure timely appearance in court or to ensure the juvenile's safety or that of others.6 Family reunif
efforts must continue while a juvenile is in INS legal custody and must be documented by the
Juvenile Coordinator.

2.4.1 The District Director has full discretion regarding the custody and release of juveniles, excep
case of special populations (see Section 3), and may redetermine terms and conditions of bond, ord
recognizance and supervision, and conditions of parole. At the District Director's discretion, juvenile
be released from custody to a qualified sponsor in the following order of preference:

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1.

a parent;

2.

a legal guardian;

3.

an adult relative (brother, sister, aunt, uncle, or grandparent);Note: The District Directo
choose to set bond when circumstances suggest that doing so would help to ensure the juv
appearance in court.

4.

an adult relative or entity designated by the parent or legal guardian as capable and wi
ensure the juvenile's well-being in:
a.

a declaration signed under penalty of perjury before an Immigration or Consular Officer, o

b.

such other documentation that establishes (to the satisfaction of the INS in its discretio
the individual designating the juvenile's custodian is, in fact, his or her parent or guardian.

5.

a state-licensed juvenile shelter, group home, or foster home willing to accept legal custo
opposed to simply physical custody (which means that the INS will not pay for the juvenile's up
or

6.

an adult individual or entity seeking custody (in the discretion of INS) when it appears there
other likely alternative to long-term detention, and family reunification does not appear to
reasonable possibility.7

2.4.2 Prior to releasing a juvenile from INS custody to one of the entities named above, the Office
have the juvenile's sponsor execute an Affidavit of Support (Form I-134) and supplemental questio
which specifies parameters for applicant's seeking custody of the juvenile.

2.4.3 The District Director shall promptly respond to all written custodian requests to transfer p
custody.

2.4.4 INS may terminate custody arrangements and assume legal custody of a juvenile if the cus
fails to comply with the agreement. INS will not terminate for minor violations of the custodian's obliga
notify INS of any changes in address within 5 days following a move.

2.4.5 As merited by specific cases and allowed by district policy, an INS Officer may deem it neces
require a positive suitability assessment of a prospective custodian prior to releasing a juvenile
individual or program. Such an assessment may include:







investigation of the living conditions;
standard of care to be provided;
verification of identity and employment of individual offering support;
interviews with members of the household;
a home visit; and
consideration of the juvenile's concerns.

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3.

Special Issues and Special Populations

3.1 Processing of Chinese and Indian Juvenilese This section is from a 12/4/95 memo to Region
District Directors from the Office of Deputy Commissioner on "Instructions for the Detention, Placeme
Release of Chinese Juveniles."e

3.1.1 No unaccompanied Chinese or Indian juvenile will be released without the successful comple
a home assessment, approval by the National Juvenile Coordinator, and concurrence from the district

3.1.2 During initial processing of the juvenile (see Section 2.1), the Arresting Officer should obt
much detailed biographical information as possible, given the heightened involvement of smuggle
Chinese and Indian juveniles.

3.1.3 The District Juvenile Coordinator is responsible for ensuring that information is gathered
through interviews conducted by appropriate facility staff or the District Juvenile Coordinator), th
activity is documented in the A-file, and that information on potential sponsors is forwarded
International Affairs Office, Humanitarian Affairs Branch (IAO/HAB) (see Attachment 3a, "Referral For
Assessment" form). The "Referral for Home Assessment" form may be completed by facility staff
District Juvenile Coordinator. In either case, as stated above, this activity must be documented
juvenile's A-file.

3.1.4 On receiving the home assessment form, IAO/HAB contacts the appropriate voluntary a
(VOLAG). The VOLAG will then contact the juvenile and the potential sponsor. The purpose of
contacts is to help ascertain the relationship between the juvenile and the potential sponsor, as we
work with the juvenile in identifying a relative if s/he has been unable or unwilling to do so.

3.1.5 IAO/HAB forwards the information identified in 3.1.3 above to the National Juvenile Coord
who will perform a preliminary record check (DACS and CIS) on the potential sponsor.

3.1.6 If the check is successful, the National Juvenile Coordinator notifies IAO/HAB, who in turn co
the appropriate voluntary agency to conduct a formal home assessment.

3.1.7 Once the VOLAG performs the home assessment, it is sent back to IAO/HAB, which then s
to the National Juvenile Coordinator for review and final approval. If approved, the National Ju
Coordinator notifies IAO/HAB, which in turn notifies the appropriate VOLAG. The National Ju
Coordinator then notifies the appropriate Regional and District Juvenile Coordinator(s). The District Ju
Coordinator then conducts a full records check (DACS, CIS, NCIC, and other appropriate compu
checks as available) and files check on the potential sponsor. If all is in order, the reunification proces
continue (see Section 2.4, "Release"). It is imperative that the sending and receiving District Ju
Coordinators work together to ensure that the juvenile is reunited with the appropriate family mem
The Regional Juvenile Coordinator(s) is responsible for ensuring the successful and timely comple
these final reunification steps.

3.1.8 Following reunification, the Docket Officer assigned-where the juvenile now resides-sche
conducts, and documents monthly interviews with Chinese and Indian juveniles to assure their wel
and to verify their place of residence and their enrollment and actual attendance at school. Duri
interview, the Interviewing Officer should also determine whether juveniles or their family member

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been contacted, threatened, or intimidated by organized crime groups. If the juvenile fails to appear
interview, the Interviewing Officer must contact the Regional Juvenile Coordinator. Once they tu
juvenile aliens are no longer scheduled for routine monthly call-ins to local INS offices and are trea
adults.f From 12/8/97 memo, "Review of Cases of Chinese Juveniles Upon Reaching the Age of 18."f
3.2

Detention and Placement of Chinese and Indian Juveniles

3.2.1 Before placing any Chinese or Indian juvenile claiming to be ages 15, 16, or 17 in a juvenile
the Arresting Officer, with help from the Local or District Juvenile Coordinator as needed, will arrange
juvenile to have a forensic dental examination. Individuals claiming to be 14 years old or younger, wh
Processing Officer believes look their age, may be assumed to be juveniles. Further medical examin
may be done in cases of doubt. The juvenile may be placed once the medical exam confirms that s
indeed, a juvenile. If forensic testing cannot be completed within several hours after apprehension
reasonable person would conclude the individual to be a juvenile, then s/he may be placed in a ju
facility. In this case, a forensic examination must be completed within 72 hours of apprehension.
forensic tests show the individual to be an adult, s/he will be treated as such for all purposes, inc
detention.

3.2.2 District Juvenile Coordinators will consult with their Regional Juvenile Coordinators as to
facilities accept Chinese or Indian juveniles and have available space. An INS Officer must esc
juvenile if s/he is transferred by commercial airline (see Section 6). The District Juvenile Coordinato
keep in close contact with each facility's director and caseworkers. The District Juvenile Coordinato
physically visit the facility no less than once weekly. The Regional Juvenile Coordinator and the N
Juvenile Coordinator must be notified of any problems or questions that arise at any of the facilities.

3.2.3 When a Chinese or Indian juvenile receives a final order of removal, the District Ju
Coordinator reviews the case at the district level. Unless the juvenile has been granted relief, the ju
should be considered for placement in a secure juvenile detention facility. This decision should be m
a case-by-case basis and reviewed monthly until the juvenile is physically removed from the United S

3.2.4 Any juvenile apprehended following escape from a foster home, shelter care facility, or any
INS custody arrangement will be placed in a secure juvenile detention facility (see Section 8, Escap
Other Emergency Incidents).
3.3

Chinese and Indian Juveniles in Foster Homes.

This section was drawn from the following memo: a 12/8/97 memo, "Review of Cases of Chinese Juv
Upon Reaching the Age of 18." This memo updates and expands upon the memos of 9/28/94 ("C
Juveniles Reaching Majority While in Foster Care") and 12/4/95 ("Instructions for the Detention, Plac
and Release of Chinese Juveniles." A memo dated 11/1/95, "Chinese Juveniles in Foster Homes," wa
used as an information source, along with a 12/15/95 memo, "Project Locate Update" to Regional Dir
Eastern, Central, Western.g

3.3.1 New Chinese and Indian juvenile arrivals will not be placed in foster homes unless they are
10 years of age. The District Juvenile Coordinator will make that determination on a case-by-case bas
3.3.2

For Chinese and Indian juveniles presently in foster homes, the District Juvenile Coordinato

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keep in close contact with the caseworker and visit the foster care home weekly. Contact w
caseworker on each case should occur no less than every other week. The District Juvenile Coor
should discuss the current status of the juvenile's INS case and also elicit the caseworker's opinion
juvenile's stability in the foster home.

3.3.3 The District Juvenile Coordinator will arrange to interview each Chinese and Indian juvenile
in foster homes in that district (before they turn 18 years old) to assess their likelihood of fleeing the
home. Each Chinese and Indian juvenile should be called into the district office through the casewo
the local volunteer agency (VOLAG). (The caseworker's opinion will be made part of the assessmen
review will also help determine which juveniles are ready to be removed from the United States, whe
are in the legal process leading to removal, and help to remedy any delays that have occurred. Dur
interview, the District Juvenile Coordinator should determine

the juvenile alien's DACS case category;



the juvenile's current status in school, any possible sponsors, and any concerns the juveni
have;



any biographical information that could be used to apply for a travel document (special care
be taken not to alarm the juvenile and possibly provoke an escape);



the juvenile's current status of hearings before EOIR, appeals before the Board of Immi
Appeals (BIA), applications for Special Immigrant Status, and dependency petitions; and



whether the juvenile's file contains a travel document or an application for one.

3.3.4 After these files are reviewed, District Juvenile Coordinators must inform District Directors o
juveniles in their districts who may be escape risks. All information is to be reported back to the O
Field Operations, with a copy sent to the Regional Juvenile Coordinator and the National Ju
Coordinator at Headquarters Office of Field Operations (HQOPS).

3.3.5 Each district must have a 24-hour point of contact, so that immediate notification of a Chine
Indian juvenile's disappearance from a foster care program can be made to the local INS Office
foster care family and/or VOLAG that becomes aware of a juvenile's disappearance. The contact pe
name and 24-hour telephone numbers must be forwarded to and kept by HQ Field Operations.

3.3.6 In the event of a Chinese or Indian juvenile's disappearance, the local INS Office should han
matter as a reportable "incident," and the concerned Supervisor should contact the Regional Offic
Region should immediately notify the HQ Command Center. The Command Center will contact HQ
INS Headquarters will then notify the Department of Justice.

3.3.7 All districts investigating a disappearance within their jurisdictions should maintain the perm
A-file and forward a work folder-to include a fingerprint chart and photo-to the Senior Special Agent
Field Operations. Districts should also advise HQ Field Operations through the appropriate regiona
when leads suggest that a juvenile has left its jurisdiction.
3.3.8

Field Offices must prepare and forward the weekly G-166 reports to HQOPS through the Re

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Office so that current information will be available when needed. The G-166 report should inclu
investigative initiatives, interviews with relatives and friends, listing of any telephone numbers, an
contacts made with local law enforcement. It is important that all field offices devote the needed res
to investigate and follow up on all leads in a timely manner.

3.3.9 As with Chinese and Indian juveniles in foster care, the cases of those still being held
juvenile shelter care of secure juvenile detention facilities should be reviewed prior to the juveniles'
18. The same criteria outlined in this section for aliens in foster care shall be applied. A delivery b
parole pursuant to 8 C.F.R. § 212.5(a) may be appropriate. Should the case review determine the sub
a poor risk for release-as evidenced by prior escapes, failure to appear, or lack of equities-the ind
should be considered for transfer to an adult detention facility immediately upon reaching the age of 1
3.4

Chinese and Indian Juveniles Turning 18 While in Foster Care

3.4.1 Unless a case review of a Chinese or Indian national currently in foster home custody shows
order and the immediate likelihood of obtaining a travel document without any legal impediment to re
the District Juvenile Coordinator will consider setting a bond for the alien's delivery, or other condit
release.h From 12/8/97 memo (see endnote j above).h Case reviews should involve the following:
9/28/94 memo (see endnote j above).i


The District Juvenile Coordinator or Local Deportation Officer should check with EOIR,
Counsel, Examinations, and Asylum Officers to determine whether any outstanding applicatio
relief are pending, or motions to reopen exist. Once assured there are none, they may proc
transfer or place the subject in a "hard custody" facility.



If a former juvenile has applied for some form of relief, to be available within 30 days or les
will remain in foster care.



If a former juvenile has an application or appeal pending, which is not likely to be adjudicated
days or less, he or she can be transferred to adult detention. However, the branch, office, or
adjudicating the case must be notified of change of custody location.



If a former juvenile meets the above criteria and the Chinese or Indian Consular Gener
indicated that a travel document will be issued in under 30 days, the subject may be held in
adult detention facility or nearby Service Processing Center (SPC).



The case review by the District Juvenile Coordinator should include efforts to discover the de
location of other aliens apprehended at the same time. Barring safety or security issues,
subjects should be reunited with the group with whom they were apprehended. Placing the
juveniles with their original group will facilitate their return when obtaining travel documents.

3.4.2 In determining whether to release a Chinese or Indian national who has reached the age o
foster care, the District Juvenile Coordinator should consider the following factors:j From 12/8/97
(see endnote j above). j


A former juvenile who has remained in foster care without having escaped is more likely to a
for removal.

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)



A former juvenile who has escaped or who appears to have cooperated with alien smugglers
be considered less likely to appear for removal and may require greater guarantees of appe
(higher bond).



An individual reapprehended after engaging in unauthorized employment should be consid
poorer risk, for whom the INS may consider a higher bond as well as other conditions to
appearance for removal.

3.4.3 If release is appropriate, a bond may be posted by a relative, the current foster care prov
nongovernmental organization (NGO), or by the alien. For aliens in proceedings under Section 212
Act, parole pursuant to 8 C.F.R. § 212.5(a) may be appropriate.

3.4.4 When a review is completed and a decision made to release the alien, the respective Re
Juvenile Coordinator is notified prior to release. The Regional Juvenile Coordinator then notifi
National Juvenile Coordinator, who, in turn, notifies IAO/HAB of the planned release. This notifica
mandatory and will permit the termination of foster care services provided by NGOs.

3.4.5 In cases where the decision is made to transfer the alien to adult detention, the former ju
should be detained, if at all possible, where other Chinese and Indian nationals are held and with thos
speak the same dialect. Efforts should also be made to find out if the former juvenile was apprehende
other detained subjects and, if so, to place him or her in the same facility.
4.

Nonsecure and Secure Juvenile Facilities

This section discusses the two types of juvenile facilities and the circumstances under which they are
(1) nonsecure juvenile facilities (e.g., shelter care, group homes, and foster care); and (2) secure ju
facilities (e.g., secure and medium-secure facilities).
4.1

Placement in Nonsecure Juvenile Facilities (Licensed Programs)

4.1.1 Whenever a juvenile is taken into INS custody, the Arresting Officer should notify the Dis
Regional Juvenile Coordinator before transporting the juvenile to an appropriate facility. The Dis
Regional Juvenile Coordinator can help the Arresting Officer with questions about facility type or wh
locate appropriate bed space.Definition of Licensed Program: Any program, agency, or organ
licensed by an appropriate state agency to provide residential, group, shelter, and foster care for dep
children (to include group homes, foster homes, or facilities for juveniles with special needs).

4.1.2 When placing a juvenile in a facility, the Placing Official must strictly adhere to the guid
contained in the Flores v. Reno decision (Attachment 1), which have been incorporated below, as rele
Information in 4.1.1 and 4.1.2 from 10/31/97 memo, "Juvenile Bedspace," from Office of Field Operati

4.1.3 A juvenile who remains in INS custody must be placed in an appropriate nonsecure juvenile
(licensed program) within 3 days (72 hours from when INS assumes custody) if he or she was appreh
in an INS district with a licensed program that has space. In all cases, juveniles must be placed w
days, with certain exceptions-which require permission from the Regional or National Juvenile Coor
(HQOPS) or designee.l Permission requirement from 12-13-91 memo, "National Policy Regarding De

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

and Release of Unaccompanied Alien Minors."l These exceptions are as follows:
The juvenile is an escape risk, criminal, or delinquent. Factors to consider include whether-



the juvenile is currently under final order of removal;
the juvenile's immigration history includes prior breach of bond, failure to appear before
Immigration Court, evidence of debt to organized smugglers for transportation, voluntary dep
or a previous removal from the United States pursuant to a Final Order of Removal; and NOT
imperative that individuals who have turned 18 not be held in facilities that are licensed for juv
Doing so may result in a facility losing its license and the ultimate loss of much needed ju
detention space.
the juvenile has previously absconded or attempted to abscond from INS custody.



The INS believes the alien claiming to be a juvenile is actually an adult.



A court decree or court-approved settlement requires otherwise.



An emergency influx of juvenile aliens into the United States prevents compliance in that non
juvenile beds are unavailable. In this case, juveniles may be placed in secure or mediumjuvenile detention facilities until appropriate bed space becomes available. At such time, ju
are to be placed in nonsecure juvenile facilities (licensed programs) as soon as possibl
Section 5 for inspection standards for juvenile facilities).



The juvenile is transported from a remote area or speaks a unique language that requi
interpreter. (The INS must place the juvenile in a licensed program within 5 business days.)




4.1.4 All Juvenile bed space is national bed space, accessible to all field offices independent
district where the facility is located or that oversees the InterGovernmental Service Agreement (IG
contract. Regional and District Juvenile Coordinators shall be afforded the opportunity to identi
inspect potential facilities. Many juvenile facilities are owned and operated by local or state juvenile
authorities, or by county/state social service agencies.m Juvenile bedspace requirements (4.1.4, 4.1.
4.1.6) are taken from the 10/31/97 memo (see endnote o below).m

4.1.5 The Regional and/or District Juvenile Coordinator must inspect all INS facilities prior to pla
juvenile and, subsequently, on an annual basis (see Section 5 for inspection standards for ju
facilities). The Juvenile Coordinator must make weekly visits to any facility where INS juveniles are h
to see the facility and to visit the juveniles housed there.
4.2

Placement in Medium-Secure and Secure Detention Facilities

4.2.1 A juvenile may be placed in an INS contracted facility or state/county juvenile detention facil
separate accommodations for juveniles only if the District Director or Chief Patrol Agent or de
determines

The juvenile has been charged with or is chargeable 8 for a delinquent act, is subject to delinq
proceedings, or has been adjudicated delinquent. Exceptions include the following:

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

The juvenile's offense is isolated-not part of a pattern of criminal activity-and does not
violence against a person or the use or carrying of a weapon (e.g., breaking and en
vandalism, driving under the influence, etc.).



The juvenile's offense is a petty offense, such as shoplifting, joy riding, disturbing the peace, e



The juvenile has committed or made threats to commit a violent or malicious act (toward
others) while in INS custody in the presence of an INS Officer.



While in a licensed program, the juvenile has engaged in conduct that program staff determ
unacceptable and disruptive to the normal functioning of that program; or removal is nee
ensure the welfare of other juveniles in the program. Examples of unacceptable conduct i
fighting, substance abuse, intimidation of others, etc.



The juvenile is an escape risk.



The juvenile is at risk, or subject to compromising safety issues, e.g., smugglers.

4.2.2 In all the above such cases, the INS should attempt to place the juvenile in a mediumfacility-i.e., one having 24-hour awake supervision and a secure perimeter but no cells-instead of a
detention facility, if available and if the circumstances are appropriate.

4.2.3 The Regional Juvenile Coordinator must review and approve the decision to place the juvenil
in a medium-secure or secure detention facility.

4.2.4 Juveniles placed in a medium-secure or secure detention facility must be provided written no
the reasons why (see Attachment 3b, "Notice of Placement in Secure Juvenile Detention Facility").
4.3

Juveniles Turning 18 While in INS Custody

4.3.1 The Local or District Juvenile Coordinator should ensure that the cases of all juveniles
custody are thoroughly reviewed prior to their turning 18 (see Section 3.4, "Chinese and Indian Juv
Turning 18 While in Foster Care," for case review procedures). When a juvenile in INS custody turns
District Director must decide whether to transfer the juvenile to an adult detention facility or relea
juvenile on bond or recognizance (see Section 3.4 for the factors to consider when determining whe
release a juvenile who has turned 18).

4.3.2 If release is appropriate, bond may be posted by a relative, the current foster care provid
NGO, or by the alien. For aliens in proceedings under Section 240 of the Act and chargeable under S
212, parole pursuant to 8 C.F.R. § 212.5(a) may be appropriate.

4.3.3 When a review is completed and a decision made to release, the respective Regional Ju
Coordinator is notified-prior to release. The Regional Juvenile Coordinator then notifies the N
Juvenile Coordinator of the planned release.

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4.3.4 If a decision is made to transfer the alien to adult detention, the former juvenile should be de
if at all possible, with other detainees of the same nationality who speak the same dialect. Efforts
also be made to find out if the former juvenile was apprehended with other detained subjects and, if
place him or her in the same facility.
4.4

Emergency Placement or Transfer of Juveniles

4.4.1 All juveniles placed in a juvenile facility (to include foster homes) remain in the legal custody
and may only be released by INS. A juvenile may be transferred from one child care facility to a
without securing permission from the INS district office only in an emergency. INS must be notified o
transfer within 8 hours. In such cases (where compelling circumstances necessitate transfer), juv
should be transferred with all their possessions and legal papers. Juveniles represented by counse
INS proceeding may not be transferred without advance notice to such counsel except in an emerge
which case counsel shall be notified as soon as possible; further, no juvenile may be denied access t
services at the location where transferred.n From 12/13/91 memo, "National Policy Regarding De
and Release of Unaccompanied Alien Minors," from the Office of the Commissioner.n

4.4.2 In the event nonsecure juvenile bed space is unavailable as a result of an "emergency" or "
INS may place juveniles in medium-secure or secure juvenile detention facilities, as stipulated in the
Agreement. In these cases, the District and Regional Juvenile Coordinator will make reasonable eff
place these juveniles as quickly as possible in nonsecure juvenile facilities (licensed programs) whe
space becomes available. Emergency is an act or event, such as a natural disaster or medical emer
that prevents the prompt placement of juveniles in nonsecure juvenile facilities (licensed programs).

Influx is defined as any situation in which there are more than 130 juveniles in INS custody who are e
for placement in nonsecure juvenile facilities (licensed programs). This number includes those who
already been placed and those awaiting placement.

4.4.3 The National Juvenile Coordinator will establish and maintain an Emergency Placement Lis
least 80 beds at programs licensed by an appropriate state agency. These are beds that are pote
available for emergency placements to supplement the 130 that INS typically has available. Wh
possible, these placements will meet the standards applicable to those the INS normally use
Emergency Placement List will include the facility name, the number of potentially available beds, c
name and number (nights, holidays, and weekends), any restrictions on juveniles (i.e., age), an
special services available.

4.4.4 The National Juvenile Coordinator will maintain a list of juveniles affected by the emerge
influx, including (1) the juvenile's name, (2) date and country of birth, (3) date placed in INS custody, a
place and date of current placement.

4.4.5 Within one business day of the emergency or influx, the National Juvenile Coordinator or de
will contact the programs on the Emergency Placement List to determine available placements. As s
available placements are identified, the National Juvenile Coordinator will advise appropriate INS s
their availability. To the extent practical, the INS will attempt to locate emergency placements
culturally and linguistically appropriate community services are available.
4.4.6

In the event the number of juveniles needing emergency placement exceeds the space availa

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the list, the National Juvenile Coordinator will try to find additional placements through licensed pro
county social services departments, and foster family agencies.

4.4.7 Each year the INS will reevaluate the number of regular placements (placements in lic
programs) needed for detained juveniles to see if it should be adjusted. However, any decision to in
the number of placements available is subject to the availability of INS resources.
5.

Inspection Standards for Juvenile Shelter Care and Secure Juvenile Detention Facilities

This section enumerates the various standards for the types of facilities named in the preceding s
specifically, juvenile shelter care and secure juvenile detention facilities. These standards are draw
the American Correctional Association (ACA) standards and the licensed program requirements con
in the Flores Agreement. This section is formatted to serve as a "pull-out" for posting or frequent refe
The pull-out includes two summary checklists listing the standards in abbreviated form for both ju
shelter care and secure juvenile detention facilities.

Special Instructions for Supplemental Form G-324a
Service Contract Facility Inspection Checklist
for INS Secure Juvenile Detention Facilities
This packet contains Form G-324a, the “Service Contract
Facility Inspection Report,” which includes instructions for
completing the report, a checklist for inspecting adult
facilities, an inspection certification page, and
Supplemental Form G-324a (2/98).
When conducting inspections of juvenile facilities, please
replace page 2 of Form G-324a—the checklist used for
inspecting adult facilities—with Supplemental Form G324a. These attached pages comprise the itemized
checklist to be used for evaluating juvenile detention
facilities.

Minimum Standards for Immigration and Naturalization
Service Secure Juvenile Detention Facilities 1

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Part I. Administration and Management
Section C: Personnel

Principle: A written body of policy and procedures establishes the facility’s staffing, recruiting, promotion, and
procedures for employees.

Criminal Record Check

3-JDF-1C-13 (Ref. 2-8062)
1. A criminal record check is conducted on all new employees in accordance with stat
federal statutes.
Comment: The facility’s administrators should know of any criminal conviction that could directly aff
employee’s job performance in a facility setting.

Section E: Juvenile Records

Principle: A written body of policy and procedures establishes the facility’s management of case records, includ
minimum the following areas: the establishment, use, and content of juvenile records; right to privacy; secure placem
preservation of records; and schedule for retiring or destroying inactive records.

3-JDF-1E-01 (Ref. 2-8110)
2. Written policy, procedure, and practice govern case record management, including
minimum the following areas: the establishment, use, and content of juvenile records; ri
privacy; secure placement and preservation of records; and schedule for retiring or dest
inactive records. The policies and procedures are reviewed annually.
Comment: An orderly and timely system for recording, maintaining, and using data about ju
increases the efficiency and effectiveness of program and service delivery and the transfer of informa
the courts and release authorities.

3-JDF-1E-02 (Ref. 2-8111, 2-8113, 2-8115)
3. The facility administration maintains a record on each juvenile that is available in a mas
and includes at a minimum the following information:
•
•
•
•
•
•
•
•

name, age, sex, place of birth, and race or nationality;
initial intake information form;
authority to accept juvenile;
referral source;
case history/social history;
medical consent form;
name, relationship, address, and phone number of parent(s)/guardian(s) and person(s) ju
resides with at time of admission;
driver's license, social security, and Medicaid numbers, when applicable;

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• court and disposition;
• individual plan or program;
• signed release-of-information forms, when required;
• progress reports on program involvement;
• program rules and disciplinary policy signed by juvenile;
• grievance and disciplinary record, if applicable;
• referrals to other agencies; and
• final discharge or transfer report.
Comment: Medical and educational records are components of the master file and may be located in
appropriate areas of the facility. The juvenile’s file should contain all legal documents and correspon
relating to the juvenile and all progress and other reports made during the length of stay. All data in th
should be verified, and confidentiality should be maintained.
Transfer of Records

3-JDF-1E-04 (Ref. New)
4. Written policy, procedure, and practice provide that an updated case file for any ju
transferred from one facility to another is transferred simultaneously or, at the latest, wit
hours.
Comment: Continuity of programming for juveniles transferred from other facilities requires that staf
the benefit of a complete cumulative case record as soon as possible. The same policy and pro
should apply to the transfer of medical files.

3-JDF-1E-08 (Ref. 2-8119)
5. Written policy, procedure, and practice provide that records are safeguarded from unauth
and improper disclosure. Manual records are marked “Confidential.” Written policy and pro
provide that when any part of the information system is computerized, security ensures confidenti
Comment: A juvenile’s constitutional right to privacy can be violated if records are improperly dissem
The institution should establish procedures to limit access to records to persons and public agencie
both a “need to know” and a “right to know” and that can demonstrate that access to such informa
necessary for juvenile justice purposes. Written guidelines should regulate juvenile access to records.

Part II. Physical Plant
Section A: Building and Safety Codes

Principle: Compliance with professional building and fire safety codes helps to ensure the safety of all person
facility.

Fire Codes

3-JDF-2A-03 (Ref. New)
Mandatory
6. The facility conforms to applicable federal, state, and/or local fire safety codes. Complia
documented by the authority having jurisdiction. A fire alarm and automatic detection syste
required, as approved by the authority having jurisdiction, or there is a plan for addressing th

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other deficiencies within a reasonable time period. The authority approves any variances, exce
or equivalencies that do not constitute a serious life safety threat to the facility’s occupants.
Comment: The applicable fire safety code(s) must be comprehensive, ensure basic protection of lif
include the use of fire detection and alarm systems in all habitable areas of the facility. The app
codes should be applied to all areas of the facility. Reports of periodic inspections and any actions
with respect to those inspections must be available.

3-JDF-2A-04
(Ref.
2
Mandatory
7. There is documentation by a qualified source that the interior finishing materials in ju
living areas, exit areas, and places of public assembly are in accordance with recog
codes.
Comment: No facility furnishings, ceilings, partitions, or floors should be constructed of foamed plas
foamed rubber unless the fire performance characteristics of the material are known and acceptable.

Section C: Juvenile Housing

Principle: Juvenile housing areas are the foundation of facility living and must promote the safety and well-being
juveniles and staff.

3-JDF-2C-02 (Ref. 2-8138)
8. Rooms or sleeping areas in which juveniles are confined conform with the foll
requirements:
NUMBER OF OCCUPANTS AMOUNT OF UNENCUMBERED SPACE
1 35 square feet
2–50 35 square feet per occupant*

“Unencumbered space” is usable space that is not encumbered by furnishings or fixtures. At lea
dimension of the unencumbered space is no less than 7 feet. All fixtures must be in oper
position.
Comment: The standard encourages design flexibility and creativity by relating room size to the amo
unencumbered, or free, space provided by the design. Unencumbered space is determined by mul
the length and width of the room and subtracting from this figure the total number of square fe
occupied by bed(s), plumbing fixtures, desk(s), locker(s), and other fixed equipment. Measurements
be made with equipment and furnishings in their normal use positions (i.e., to discourage Murphy bed

Dayrooms
3-JDF-2C-04 (Ref. 2-8140, 2-8169)
9. Dayrooms with space for varied juvenile activities are situated immediately adjacent

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juvenile sleeping areas, but are separated from them by a floor-to-ceiling wall. Dayrooms p
a minimum of 35 square feet of space per juvenile (exclusive of lavatories, showers, and toilets)
maximum number of juveniles who use the dayroom at one time.
Comment: While the standard establishes a minimum square footage for any dayroom, total square f
is calculated for the maximum number of users at one time, rather than the total number of juv
served.
Toilets

3-JDF-2C-06 (Ref. 2-8133)
10. Toilets are provided at a minimum ratio of 1 for every 12 juveniles in male facilities and
every 8 juveniles in female facilities. Urinals may be substituted for up to one-half of the to
male facilities. All housing units with five or more juveniles have a minimum of two toilets.
Comment: The standard ensures the availability of toilets and requires a measure of privacy and con
users. At the same time, the standard provides flexibility for designers and managers.

Wash Basins

3-JDF-2C-07 (Ref. 2-8133)
11. Juveniles have access to operable wash basins with hot and cold running water
housing units at a minimum ratio of 1 basin for every 12 occupants.
Comment: Provision must be made for juvenile access to wash basins in sleeping areas, dayroom
other parts of the facility.

Showers
3-JDF-2C-08 (Ref. 2-8136)
12. Juveniles have access to operable showers with temperature-controlled
hot and cold running water, at a minimum ratio of one shower for every
eight juveniles, unless national building or health codes specify a different
ratio. Water for showers is thermostatically controlled to temperatures ranging
from 100 degrees Fahrenheit to 120 degrees Fahrenheit to ensure the safety of
juveniles and to promote hygienic practices.
Comment: Offenders can use scalding showers as a weapon against, or punishment
for, other juveniles. Also, accidental injury could occur when cold water is drawn in
other areas, thereby unexpectedly elevating the hot water in showers to scalding
temperatures. Water temperatures below 100 degrees Fahrenheit are uncomfortable
and may deter an individual from pursuing good hygienic practices. The temperature
controls should not preclude the use of water at higher temperatures if needed in
other areas of the facility, such as kitchens.
Special Management Housing
3-JDF-2C-12 (Ref. 2-8141)

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13. Male and female juveniles do not occupy the same sleeping room.
Comment: Juveniles should be segregated by sex in sleeping rooms, although they
may be housed in the same living unit.

Section D: Environmental Conditions
Principle: Environmental conditions significantly influence the overall effectiveness of facility
operations. Standards for lighting, air quality, temperature, and noise levels are designed to
preserve the health and well-being of juveniles and staff members and to promote facility order
and security.

Housing Areas
3-JDF-2D-01 (Ref. 2-8133)
14. Written policy, procedure, and practice require that all housing areas
provide at a minimum the following:
•

lighting of at least 20 foot candles at desk level and in the personal grooming
area;
• natural light available from an opening or window that has a view to the
outside, or from a source within 20 feet of the room;
• other lighting requirements for the facility determined by tasks to be
performed;
• access to drinking fountain; and
• heating, ventilation, and acoustical systems to ensure healthful and comfortable
living and working conditions for juveniles and staff.
___________________________________________________________________
___
Comment: None.
Heating and Cooling
3-JDF-2D-03 (Ref. New)
15. Temperatures in indoor living and work areas are appropriate to the
summer and winter comfort zones.
Comment: Temperature and humidity should be capable of being mechanically
raised or lowered to an acceptable comfort level. The comfort zones are 66 to 80
degrees Fahrenheit in summer, 61 to 73 degrees Fahrenheit in winter, with an
optimal constant temperature of 70 degrees Fahrenheit.

Section E: Program and Service Areas

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Principle: Adequate space must be provided for the various program and service functions
conducted in the facility. Spatial requirements are best determined by careful assessment of how,
when, and by how many juveniles such spaces are used.

Classrooms
3-JDF-2E-05 (Ref. 2-8146)
16. School classrooms are designed to conform to local or state educational
requirements.
Comment: None.
Food Service
3-JDF-2E-07 (Ref. 2-8145)
17. The food preparation area includes a space for food preparation based
on population size, type of food preparation, and methods of meal service.
Comment: None.
3-JDF-2E-08 (Ref. 2-8228)
18. There are provisions for adequate storage and loading areas and
garbage disposal facilities.
Comment: In order to ensure efficient food service and adherence to health and
safety regulations, it is essential that the kitchen be located near the space it
requires to accomplish its mission. The amount of space needed for the kitchen is
affected by such variables as type of food service, location of dining area, number of
persons to be served, complexity of the menu, equipment placement, storage of
mobile equipment, and traffic sites.
Clothing and Supplies
3-JDF-2E-11 (Ref. 2-8155)
19. Space is provided in the facility to store and issue clothing, bedding,
cleaning supplies, and other items required for daily operations.
Comment: None.
Personal Property
3-JDF-2E-12 (Ref. 2-8154)
20. Space is provided for storing the personal property of juveniles safely
and securely.
Comment: None.

Section G: Security
Principle: The physical plant supports the orderly and secure functioning of the facility.

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Control Center

(b)(2)High

(b)(2)High

Part III. Institutional Operations
Section A: Security and Control
Principle: The facility uses a combination of supervision, inspection, accountability, and clearly
defined policies and procedures on the use of security to promote safe and orderly operations.

Security Manual

(b)(2)High

3-JDF-3A-02 (Ref. New)

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ICE.000249.09-684

(b)(2)High

3-JDF-3A-03 (Ref. 2-8118)
25. The facility maintains a daily report on juvenile population movement.
Comment: The daily report should indicate the number of juveniles in the facility and
their names, identifying numbers, and housing assignments. Official daily movement
sheets should detail the number and types of admissions and releases each day and
the count at the close of the day.
Juvenile Careworkers
3-JDF-3A-07 (Ref. 2-8186)
26. Written policy, procedure, and practice require that when both males and
females are housed in the facility, at least one male and one female staff
member are on duty at all times.
Comment: None.
Permanent Log
3-JDF-3A-09 (Ref. 2-8190)
27. Written policy, procedure, and practice require that correctional staff
maintain a permanent log and prepare shift reports that record routine
information, emergency situations, and unusual incidents.
Comment: Adequate supervision of juveniles requires a formal written reporting
system. Each juvenile careworker in each housing unit on each shift should maintain
detailed records of pertinent information regarding juveniles and groups of juveniles.
Patrols and Inspections

(b)(2)High

Juvenile Counts
3-JDF-3A-13 (Ref. 2-8189)

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ICE.000250.09-684

The facility has a system for physically counting juveniles. The system
includes strict accountability for juveniles assigned to work and educational
release, furloughs, and other approved temporary absences.
Comment: There should be at least one juvenile count per shift. Counts should be
scheduled so that they do not conflict with activity programs and normal operating
procedures. The staff member responsible for maintaining the master count record
should have up-to-the-minute information regarding all juvenile housing moves, work
assignment changes, hospital admissions, etc. Adequate checks should be instituted
to allow for human error. All juveniles in legal custody should be accounted for in the
master count; all temporary absences from the facility should be explained in
writing.

29.

Use of Restraints
3-JDF-3A-16 (Ref. 2-8211)
30. Written policy, procedure, and practice provide that instruments of
restraint, such as handcuffs, leg irons, and straight jackets, are never
applied as punishment and are applied only with the approval of the
facility administrator or designee.
Comment: Instruments of restraint should only be used as a precaution against
escape during transfer; for medical reasons by direction of the medical officer; and to
prevent juvenile self-injury, injury to others, or property damage; and should not be
applied for more time than is absolutely necessary.
3-JDF-3A-17 (Ref. 2-8210)
31. Written policy, procedure, and practice provide that the facility maintains
a written record of routine and emergency distribution of restraint
equipment.
Comment: A written record detailing who receives restraint equipment and the
nature of the equipment they receive is necessary to establish responsibility and
accountability for use.
3-JDF-3A-18 (Ref. 2-8198)
32. All special incidents—including but not limited to the taking of hostages
and use of restraint equipment or physical force—are reported in writing,
dated, and signed by the staff person reporting the incident. The report is
placed in the juvenile's case record and reviewed by the facility administrator
and/or the parent agency.
Comment: A written record of such incidents should be available for administrative
review. These reports also can be used in assessing training needs, counseling with
staff about the proper handling of serious behavior incidents, and providing
information for the parent agency or insurance company. The report should include
the actions taken by the person in charge at the time of the incident.
Control of Contraband
3-JDF-3A-19 (Ref. 2-8196)

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33.

Written policy, procedure, and practice provide for searches of facilities
and juveniles to control contraband and to provide for its disposition.
These policies and procedures are made available to staff and juveniles and are
reviewed at least annually and updated if necessary.
Comment: The facility’s search plans and procedures may include the following:
•
•
•
•
•
•
•
•
•
•

unannounced and irregularly timed searches of rooms, juveniles, and juvenile
work areas;
inspection of all vehicular traffic and supplies coming into the facility;
use of metal detectors at gates and entrances into housing units;
complete search and inspection of each room prior to occupancy by a new
juvenile;
avoidance of unnecessary force, embarrassment, or indignity to the juvenile;
staff training in effective search techniques that protect both juveniles and
staff from bodily harm;
use of nonintensive sensors and other techniques instead of body searches
whenever feasible;
conduct of searches only as necessary to control contraband or to recover
missing or stolen property;
respect of juveniles’ rights to authorized personal property; and
use of only those mechanical devices absolutely necessary for security
purposes.

3-JDF-3A-20 (Ref. 2-8213)
34. Written policy, procedure, and practice provide that manual or
instrument inspection of body cavities is conducted only when there is
reason to do so and when authorized by the facility administrator or
designee. The inspection is conducted in private by health care personnel.
Comment: None.
3-JDF-3A-21 (Ref. New)
35. Written policy, procedure, and practice provide that visual inspection of
juvenile body cavities is conducted based on a reasonable belief that the
juvenile is carrying contraband or other prohibited material. The inspection
is conducted by a trained staff member of the same sex as the juvenile.
Comment: None.
3-JDF-3A-22 (Ref. 2-8200)
36. Written policy, procedure, and practice govern the control and use of
keys.
Comment: The key control system should provide a current accounting of the
location and possessor of each key. All keys should be issued from the central
control area, and a log should be used to record the number of each key issued, the
location of each lock, the number of keys to each lock, and the names of all
employees possessing keys.

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Keys should be stored so that their presence or absence can be easily determined
and should be returned to the control center daily. All keys should be numbered, and
the facility should maintain at least one duplicate key for each lock. Fire and
emergency keys should be color-coded and marked for identification by touch.
Juveniles should not possess keys other than those to living quarters or work
assignments, when appropriate, and to personal lockers.
Tools and Equipment
3-JDF-3A-23 (Ref. 2-8201)
37. Written policy, procedure, and practice govern the control and use of
tools and culinary and medical equipment.
Comment: Tools and utensils that can cause death or serious injury (e.g., hacksaws,
welding equipment, butcher knives, barber shears) should be locked in control
panels and issued in accordance with a prescribed system. Provision should be
made for checking tools and utensils in and out and for the control of their use at all
times.
Security Equipment
3-JDF-3A-26 (Ref. 2-8187)
38. Written policy, procedure, and practice govern the availability, control,
and use of chemical agents and related security devices and specify the
level of authority required for their access and use. Chemical agents are
used only with the authorization of the facility administrator or designee.
Comment: Based on an analysis of the physical plant and the size and profile of the
juvenile population, designated staff should determine what chemical agents and
other security devices the facility needs. Written policies and procedures should
specify the level of authority required for access to and use of security devices.
3-JDF-3A-27 (Ref. 2-8212)
39. Written policy, procedure, and practice require that personnel who use
force to control juveniles submit written reports to the facility
administrator or designee no later than the conclusion of the tour of duty.
Comment: All instances involving the use of force should be documented to
establish the identity of the personnel and juveniles involved and to describe the
nature of the incident.
3-JDF-3A-28 (Ref. 2-8204)
40. Written policy, procedure, and practice provide that persons injured in
an incident receive immediate medical examination and treatment.
Comment: Immediate medical examination and treatment should be required in all
instances involving the use of force or a chemical agent.

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3-JDF-3A-29 (Ref. 2-8199)
41. Firearms are not permitted in the facility except in emergency
situations.
Comment: No person, including law enforcement personnel, should be in possession
of a firearm within the confines of a facility. A system of receipts for the temporary
safe storage or checking of such equipment is required.
Use of Force
3-JDF-3A-30 (Ref. 2-8212)
42. Written policy, procedure, and practice restrict the use of physical force
to instances of justifiable self defense, protection of others, protection of
property, and prevention of escapes, and then only as a last resort and in
accordance with appropriate statutory authority. In no event is physical force
justifiable as punishment. A written report is prepared following all uses of force
and is submitted to administrative staff for review.
Comment: “As a last resort” may be defined through statutory authority.

Section B: Safety and Emergency Procedures
Principle: The facility adheres to all applicable safety and fire codes and has in place the
equipment and procedures required in the event of a major emergency.

Fire Safety
3-JDF-3B-01 (Ref. 2-8170,8173)
Mandatory
43. Written policy, procedure, and practice specify the facility’s fire
prevention regulations and practices. These include but are not limited to the
following:
• provision for an adequate fire protection service;
• a system of fire inspection and equipment testing at least quarterly or at
intervals approved by the authority having jurisdiction, following the
procedures stated for variances, exceptions, or equivalencies;
• an annual inspection by local or state officials or other qualified person(s);
and
• availability of fire protection equipment at appropriate locations throughout
the facility.
Comment: Facility administrators should plan and execute all reasonable procedures
for the prevention and prompt control of fire. The use of national codes, such as the
Life Safety Code, can help to ensure the safety of staff, juveniles, and visitors. The
use of a volunteer or an internal fire department is acceptable for compliance,
assuming that the fire station is readily accessible in case of fire and is the primary

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alternative available. If the fire station is not continually staffed, fire alarm notification
must be made to a local law enforcement unit or equally reliable source.
3-JDF-3B-02 (Ref. 2-8172)
Mandatory
44. Written policy, procedure, and practice provide for a comprehensive and
thorough monthly inspection of the facility by a qualified fire and safety
officer for compliance with safety and fire prevention standards. There is a
weekly fire and safety inspection of the facility by a qualified departmental staff
member. This policy and procedure is reviewed annually and updated as
needed.
Comment: The “qualified departmental staff member” who conducts the weekly
inspections may be a facility staff member who has received training in and is
familiar with the safety and sanitation requirements of the jurisdiction. At a minimum,
it is expected that the safety/sanitation specialist will provide on-the-job training
regarding applicable regulations and inspections, including the use of checklists and
the methods of documentation.
3-JDF-3B-03 (Ref. 2-8175)
Mandatory
45. Specifications for the selection and purchase of facility furnishings
indicate the fire safety performance requirements of the materials
selected.
Comment: Furnishings, mattresses, cushions, or other items of foamed plastics or
rubber (e.g., polyurethane, polystyrene) can pose a severe hazard due to high
smoke production, rapid burning once ignited, and high heat release. Such materials
should receive careful fire safety evaluation before purchase or use, with
consideration given to the product’s flammability and toxicity characteristics. All
polyurethane should be removed from living areas unless its use is approved in
writing by the fire authority having jurisdiction.
3-JDF-3B-04 (Ref. 2-8176)
Mandatory
46. Facilities are equipped with noncombustible receptacles for smoking
materials and with separate containers for other combustible refuse at
accessible locations throughout living quarters in the facility. Special
containers are provided for flammable liquids and for rags used with them. All
receptacles and containers are emptied and cleaned daily.
Comment: The proper and safe containment of flammable materials and the
sanitation of such containers are essential activities in fire prevention.
Flammable, Toxic, and Caustic Materials
3-JDF-3B-05 (Ref. 2-8182)
Mandatory

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47.

Written policy, procedure, and practice govern the control and use of all
flammable, toxic, and caustic materials
Comment: The following definitions apply to this standard:
• flammable materials—liquids with a flash point below 100 degrees
Fahrenheit;
• toxic materials—substances that through chemical reaction or mixture can
possibly produce injury or harm to the body by entering through the skin,
digestive tract, or respiratory tract (e.g., zinc, chromed paint, ammonia,
chlorine, antifreeze, herbicides, pesticides); and
• caustic materials—substances that can destroy or eat away by chemical
reaction (e.g., lye, caustic soda, sulfuric acid).
If a substance possesses more than one of the above properties, the safety
requirements for all applicable properties should be considered.
All flammable, toxic, and caustic materials should be stored in secure areas that are
inaccessible to juveniles, and a prescribed system should be used to account for
their distribution. Juveniles should never possess such items unless under the close
supervision of qualified staff.
Substances that do not contain one or more of the above properties but that are
labeled “Keep Out of the Reach of Children” or “May be Harmful if Swallowed” are
not prohibited; their use and control, however, should be addressed in agency
policy.
Emergency Power and Communications
3-JDF-3B-07 (Ref. 2-8208)
48. Written policy, procedure, and practice provide for a communication
system within the facility and between the facility and community in the
event of urgent, special, or unusual incidents or emergency situations.
Comment: The facility should have available walkie-talkies and/or a radio base
station, receivers, and transmitters, or other independent mechanical means of
communication in order to maintain constant contact with the outside community if
conventional means of communication are disrupted. Facilities located in areas
subject to severe storms, tornadoes, or hurricanes should maintain a ready means of
voice communication with the community.
3-JDF-3B-10 (Ref. New)
Mandatory
49. The facility has a written evacuation plan prepared in the event of fire or
major emergency that is certified by an independent, outside inspector
trained in the application of appropriate codes. The plan is reviewed
annually, updated as needed, and reissued to the local fire jurisdiction. The plan
includes the following:
• location of building/room floor plan;
• use of exit signs and directional arrows for traffic flow;

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• location of publicly posted plan;
• monthly drills in all occupied locations of the facility; and
• staff drills when evacuation of dangerous juveniles may not be included.
Comment: The evacuation plan should specify routes of evacuation, subsequent
disposition and housing of juveniles, and provision for medical care or hospital
transportation for injured juveniles and/or staff. Fire drills should include evacuation
of all juveniles except when there is clear and convincing evidence that facility
security is jeopardized. Upon such showing, actual evacuation during the drill is not
required, although the staff supervising such juveniles should be required to perform
their roles/activities in monthly drills.
Emergency Plans
3-JDF-3B-11 (Ref. 2-8181, 8205, 8207)
Mandatory
50. All facility personnel are trained in the implementation of written
emergency plans. Work stoppage and riot/disturbance plans are
communicated only to the appropriate supervisory or other personnel directly
involved in the implementation of those plans.
Comment: A contingency plan for maintaining essential services is crucial. This plan
might involve agreements with other law enforcement agencies, such as local or
state police. Additionally, the administrator should attempt to ensure the safety and
well-being of employees who do not participate in the job action.
3-JDF-3B-12 (Ref. 2-8180)
Mandatory
51. Written policy, procedure, and practice specify the means for the
immediate release of juveniles from locked areas in case of emergency
and provide for a backup system.
Comment: The responsibilities of personnel in an emergency situation should be
clearly defined. Staff should be aware of the location and identification of keys and
be knowledgeable about all evacuation routes. Juveniles should receive instructions
concerning emergency procedures.
The authority having jurisdiction must certify that locking arrangements allow for
prompt release and/or that sufficient staff are available to operate locking devices
when necessary. A “backup system” means that there is a manual backup if poweroperated locks fail. A control station or other location removed from the juvenile
living areas should be equipped with reliable, manual means for releasing locks on
swinging and sliding doors to permit prompt release. If the facility has only a manual
locking system, a staff plan for manually releasing locks must be in place.
Threats to Security
3-JDF-3B-13 (Ref. 2-8203)

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There are written procedures regarding escapes. These procedures are
reviewed at least annually and updated as needed.
Comment: Specific procedures that can be used quickly when an escape occurs
should be made available to all personnel. Procedures should include the following:
prompt reporting of the escape to the facility administrator; mobilization of
employees; implementation of a predetermined search plan; and notification of law
enforcement agencies, community groups, and relevant media.

52.

Section C: Rules and Discipline
Principle: The facility’s rules of conduct and sanctions and procedures for violations are defined
in writing and communicated to all juveniles and staff. Disciplinary procedures are carried out
promptly and with respect for due process.

Rules of Conduct
3-JDF-3C-02 (Ref. 2-8310)
53. Written rules of juvenile conduct specify acts prohibited within the
facility and penalties that can be imposed for various degrees of violation.
The written rules are reviewed annually and updated as needed.
Comment: The rules should prohibit only observed behavior that can be shown
clearly to have a direct, adverse effect on a juvenile or on facility order and security.
The rules should also specify the range of penalties that can be imposed for
violations. Penalties should be proportionate to the importance of the rule and the
severity of the violation.
3-JDF-3C-03 (Ref. 2-8311)
54. A rulebook that contains all chargeable offenses, ranges of penalties,
and disciplinary procedures is given to each juvenile and staff member
and is translated into those languages spoken by significant numbers of
juveniles. Signed acknowledgment of receipt of the rulebook is maintained in
each juvenile's file. When a literacy or language problem prevents a juvenile
from understanding the rulebook, a staff member or translator assists the
juvenile in understanding the rules.
Comment: Written procedure should specify how the rules and regulations are
issued and presented to new juveniles. Rules and regulations governing juvenile
conduct are of limited value unless the juveniles understand them. “Posting” the
rulebook is unnecessary, provided there is evidence each juvenile receives a copy of
the rules.
3-JDF-3C-06 (Ref. 2-8315, 2-8333)
55. Written policy, procedure, and practice require that prior to room and/or
privilege restriction, the juvenile has the reasons for the restriction
explained to him/her and has an opportunity to explain the behavior
leading to the restriction.

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Comment: Prior to restriction for any rule infraction, the juvenile should be given an
opportunity to explain the reason(s) for the rule violation.
3-JDF-3C-07 (Ref. 2-8316)
56. During room restriction, staff contact is made with the juvenile at least
every 15 minutes, depending on his/her emotional state. The juvenile
assists in determining the end of the restriction period.
Comment: During the period of restriction, a staff person should interact with the
juvenile in an effort to solve any problems and to determine a release time.
3-JDF-3C-08 (Ref. 2-8314)
57. Written policy, procedure, and practice specify that room restriction for
minor misbehavior serves only a “cooling off” purpose and is short in time
duration, with the time period—15 to 60 minutes—specified at the time of
assignment.
Comment: Juveniles are quick to act out and usually just as quick to recover from
temper flare-ups. A few minutes’ restriction to their rooms is often all that is needed
to correct the situation and permit the juvenile to resume his/her normal routine.
Criminal Violations
3-JDF-3C-09 (Ref. 2-8334)
58. Written policy, procedure, and practice provide that, where a juvenile
allegedly commits an act covered by criminal law, the case should be
referred to appropriate court or law enforcement officials for consideration
for prosecution.
Comment: Corrections and court or law enforcement officials should agree on the
categories of offense that are to be referred in order to eliminate minor offenses or
those of no concern.
Disciplinary Reports
3-JDF-3C-11 (Ref. 2-8318)
59. When a juvenile has been charged with a major rule violation requiring
confinement for the safety of the juvenile, other juveniles, or to ensure the
security of the facility, the juvenile may be confined for a period of up to 24
hours. Confinement for periods of over 24 hours is reviewed every 24 hours by
an administrator or designee who was not involved in the incident.
Comment: None.

Section D: Juvenile Rights

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Principle: The facility protects the safety and constitutional rights of juveniles and seeks a
balance between expression of individual rights and preservation of facility order.

Access to Courts
3-JDF-3D-01 (Ref. 2-8299)
60. Written policy, procedure, and practice ensure the right of juveniles to
have access to courts.
Comment: The right of access to the courts minimally provides that juveniles have
the right to present any issue, including the following: challenging the legality of their
adjudication or confinement; seeking redress for illegal conditions or treatment while
under correctional control; pursuing remedies in connection with civil legal problems;
and asserting against correctional or other government authority any other rights
protected by constitutional or statutory provision or common law. Juveniles seeking
judicial relief are not subjected to reprisals or penalties because of the decision to
seek such relief.
Access to Counsel
3-JDF-3D-02 (Ref. 2-8300)
61. Written policy, procedure, and practice ensure and facilitate juvenile
access to counsel and assist juveniles in making confidential contact with
attorneys and their authorized representatives. Such contact includes but is
not limited to telephone communications, uncensored correspondence, and
visits.
Comment: Facility authorities should assist juveniles in making confidential contact
with attorneys and their authorized representatives, which may include law students,
special investigators, lay counsel, or other persons who have a legitimate connection
with the legal issue being pursued. Provision should be made for visits during normal
facility hours, uncensored correspondence, telephone communications, and afterhours visits requested because of special circumstances.
Protection from Harm
3-JDF-3D-06 (Ref. 2-8301)
62. Written policy, procedure, and practice protect juveniles from personal
abuse, corporal punishment, personal injury, disease, property damage,
and harassment.
Comment: In situations where physical force or disciplinary detention is required,
only the least drastic means necessary to secure order or control should be used.
Grievance Procedures
3-JDF-3D-08 (Ref. 2-8296)

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63.

There is a written juvenile grievance procedure that is made available to
all juveniles and that includes at least one level of appeal.
Comment: A grievance procedure is an administrative means for the expression and
resolution of juveniles’ problems. The facility’s grievance mechanism should include
provisions for the following:
•
•
•
•
•
•
•

written responses to all grievances, including the reasons for the decision;
response within a prescribed, reasonable time limit, with special provisions
for responding to emergencies;
supervisor review of grievances;
participation by staff and juveniles in the procedure’s design and operation;
access by all juveniles, with guarantees against reprisals;
applicability over a broad range of issues; and
means of resolving questions of jurisdiction.

Section E: Special Management
Principle: Juveniles who threaten the secure and orderly management of the facility may be
removed from the general population and placed in special units or rooms.

Admission and Review
3-JDF-3E-01 (Ref. New)
64. Written policy, procedure, and practice provide special management for
juveniles with serious behavior problems and for juveniles requiring
protective care. An individual program plan will be developed.
Comment: High-risk juveniles who cannot control their assaultive behavior, who
present a danger to themselves, or who are in constant danger of being victimized
by other juveniles may require special management. The facility should provide
appropriate services and programs for them. It may be necessary to separate them
from the general population to allow for individualized attention.
3-JDF-3E-02 (Ref. New)
65. The facility administrator or shift supervisor can order immediate
placement in a special unit or room when it is necessary to protect the
juvenile from self or others. The action is reviewed within 72 hours by the
appropriate authority.
Comment: None.
3-JDF-3E-03 (Ref. New)
66. The detention facility has a sanctioning schedule that sets a maximum of
5 days of confinement in a security room for any offense, unless otherwise
provided by law.

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Comment: The time a juvenile spends in disciplinary confinement is proportionate to
the offense committed, taking into consideration the juvenile’s prior conduct, specific
program needs, and other relevant factors. An outside limit should be set for the
period of confinement. This limit should be consistent with case law and statues of
the jurisdiction. Where such guidelines do not exist, a maximum of 5 days of
disciplinary detention should be considered sufficient for most cases.
3-JDF-3E-04 (Ref. 2-8321)
67. Juveniles placed in confinement are checked visually by staff at least
every 15 minutes and are visited at least once each day by personnel from
administrative, clinical, social work, religious, or medical units. A log is
kept recording who authorized the confinement, persons visiting the juvenile, the
person authorizing release from confinement, and the time of release.
Comment: A visit means actual entry into the room of confinement with the juvenile
or removal of the juvenile from the room of confinement for the purpose of
discussion or counseling. A visit does not include routine visual checks or discussion
through the door or window of the confinement room.
3-JDF-3E-05 (Ref. 2-8320)
68. Written policy, procedure, and practice specify that juveniles placed in
confinement are afforded living conditions and privileges approximating
those available to the general juvenile population. Exceptions are justified by
clear and substantiated evidence.
Comment: Placement in room confinement achieves the primary purpose of isolating
the juvenile from the general juvenile population. To the extent possible, juveniles in
confinement should have a room, food, clothing, exercise, and other services and
privileges comparable to those available to the general population. Where services
or privileges are denied to juveniles in confinement, written justification should be
provided.

Part IV. Facility Services
Section A: Food Service
Principle: Meals are nutritionally balanced, well-planned, and prepared and served in a manner
that meets established governmental health and safety codes.

Dietary Allowances
3-JDF-4A-03 (Ref. 2-8217, 8218)
Mandatory
69. It is documented that the facility’s system of dietary allowances is
reviewed annually by a dietitian to ensure compliance with nationally
recommended food allowances.
Comment: A facility that follows this system of dietary allowances, as adjusted for
age, sex, and activity, ensures the provision of a nutritionally adequate diet. The

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Recommended Dietary Allowances stated by the National Academy of Sciences
should be used as a guide to basic nutritional needs.
Menu Planning
3-JDF-4A-04 (Ref. 2-8219)
70. Written policy, procedure, and practice require that food service staff
develop advanced, planned menus and substantially follow the schedule;
and that in the planning and preparation of all meals, food flavor, texture,
temperature, appearance, and palatability are taken into consideration.
Comment: All menus, including special diets, should be planned, dated, and
available for review at least 1 week in advance. Notations should be made of any
substitutions in the meals actually served, and these should be of equal nutritional
value. A file of tested recipes adjusted to a yield appropriate for the size of the facility
should be maintained on the premises. Food should be served as soon as possible
after preparation and at an appropriate temperature. Clinical diets should be
approved by a registered dietitian and documented accordingly.
Special Diets
3-JDF-4A-06 (Ref. 2-8223)
Mandatory
71. Written policy, procedure, and practice provide for special diets as
prescribed by appropriate medical or dental personnel.
Comment: Therapeutic diets should be available upon medical or dental
authorization. Specific diets should be prepared and served to juveniles according to
the orders of the treating physician or dentist, or as directed by the responsible
health authority. Medical or dental diet prescriptions should be specific and
complete, furnished in writing to the food service manager, and rewritten monthly.
Special diets should be kept as simple as possible and should conform as closely as
possible to the foods served other juveniles.
3-JDF-4A-07 (Ref. 2-8225)
72. Written policy precludes the use of food as a disciplinary measure.
Comment: Food, including snacks, should not be withheld nor the standard menu
varied as a disciplinary sanction.
Health and Safety Regulations
3-JDF-4A-09 (Ref. 2-8229)
Mandatory
73. Written policy, procedure, and practice specify that food services
comply with the applicable sanitation and health codes as promulgated by
federal, state, and local authorities.

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Comment: All health and sanitation codes must be strictly followed in order to ensure
the health and welfare of juveniles and staff. At a minimum, all food service
personnel should be in good health and free from communicable disease and open,
infected wounds; have clean hands and fingernails; wear hairnets or caps; wear
clean, washable garments; and employ hygienic food handling techniques.
Inspections
3-JDF-4A-11 (Ref. New)
74. Written policy, procedure, and practice provide that stored shelf goods
are maintained at 45 to 80 degrees Fahrenheit, refrigerated foods at 35 to
40 degrees Fahrenheit, and frozen foods at 0 degrees Fahrenheit or
below.
Comment: None.
Meal Service
3-JDF-4A-12 (Ref. 2-8232)
75. Written policy, procedure, and practice provide that staff members
supervise juveniles during meals.
Comment: The practice of having staff members present contributes to a more
orderly experience in the dining areas and enhances the relationship between the
staff and the population. The practice also minimizes food waste, careless serving,
and abuse of a juvenile by another juvenile. It also permits observation and reporting
of unusual eating habits of individual juveniles, such as rejection or overeating.
3-JDF-4A-13 (Ref. 2-8226)
76. Written policy, procedure, and practice require that at least three meals,
of which two are hot meals, are provided at regular meal times during each
24-hour period, with no more than 14 hours between the evening meal and
breakfast. Provided basic nutritional goals are met, variations may be allowed
based on weekend and holiday food service demands.
Comment: When juveniles are not routinely absent from the institution for work or
other purposes, at least three meals should be provided at regular times during each
24-hour period.
3-JDF-4A-14 (Ref. New)
Mandatory
77. Written policy, procedure, and practice provide for adequate health
protection for all juveniles and staff in the facility and juveniles and other
persons working in food service, including the following:
•

Where required by the laws and/or regulations applicable to food service
employees in the community where the facility is located, all personnel

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involved in the preparation of food receive a pre-assignment medical
examination and periodic re-examinations to ensure freedom from diarrhea,
skin infections, and other illness transmissible by food or utensils. All
examinations are conducted in accordance with local requirements.
• When the facility’s food services are provided by an outside agency or
individual, the facility has written verification that the outside provider
complies with the state and local regulations regarding food service.
• All food handlers are instructed to wash their hands upon reporting to duty
and after using toilet facilities.
• Juveniles and other persons working in food service are monitored each day
for health and cleanliness by the director of food services or designee.
Comment: All food service personnel should be in good health and free from
communicable disease and open infected wounds; have clean hands and
fingernails; wear hairnets or caps; wear clean, washable garments; and employ
hygienic food-handling techniques. Federal facilities should apply appropriate
regulations, such as those of the U.S. Public Health Service.

Section B: Sanitation and Hygiene
Principle: The facility’s sanitation and hygiene program complies with applicable regulations and
standards of good practice to protect the health and safety of juveniles and staff.

Sanitation Inspections
3-JDF-4B-01 (Ref. 2-8234)
78. Written policy, procedure, and practice require weekly sanitation
inspections of all facility areas.
Comment: In addition to the regular inspections by government officials, all facility
areas should be inspected at least weekly by a designated staff member who should
submit a written report to the administrator documenting deficiencies whenever they
occur.
3-JDF-4B-02 (Ref. 2-8171, 8233)
Mandatory
79. The facility administration complies with applicable federal, state, and
local sanitation and health codes.
Comment: The facility should be inspected at least annually by appropriate
government officials to ensure the health of personnel and juveniles.
Water Supply
3-JDF-4B-03 (Ref.2-8236)
Mandatory
80. The institution’s potable water source and supply, whether owned and
operated by the public water department or the institution, is approved by

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an independent, outside source to be in compliance with jurisdictional
laws and regulations.
Comment: Safe drinking water is basic to human health and should be provided in
any facility operation. In the event jurisdictional laws and regulations are not
applicable, the Federal Safe Drinking Water Act Regulations present a standard of
quality that is attainable through good water control practices.
Waste Disposal
3-JDF-4B-04 (Ref. 2-8238)
Mandatory
81. The institution provides for a waste disposal system in accordance with
an approved plan by the appropriate regulatory agency.
Comment: Liquid and solid wastes should be collected, stored, and disposed of in
such a way as to avoid nuisance and hazards and protect the health and safety of
juveniles and staff.
Housekeeping
3-JDF-4B-05 (Ref. 2-8237)
Mandatory
82. Written policy, procedure, and practice provide for the control of vermin
and pests.
Comment: Any condition conducive to harboring or breeding insects, rodents, or
other vermin should be eliminated immediately. Licensed pest control professionals
should be used when necessary to clean or fumigate the facility. Their use on a
regular basis is essential.
Clothing and Bedding Supplies
3-JDF-4B-08 (Ref. 2-8243)
83. Written policy specifies accountability for clothing and bedding issued
to juveniles.
Comment: The issue of all clothing and bedding should be recorded and juveniles
should be held accountable for their use.
3-JDF-4B-10 (Ref. 2-8244)
84. Juveniles are provided the opportunity to have three complete sets of
clean clothing per week. The facility may provide this clean clothing in several
ways, including access to self-serve washer facilities, central clothing, or a
combination of the two.
Comment: None.
3-JDF-4B-11 (Ref. 2-8247)
85. Written policy, procedure, and practice require that the facility provides
for the thorough cleaning and, when necessary, disinfecting of juvenile

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personal clothing before storage or before allowing the juvenile to keep
and wear personal clothing.
Comment: Juvenile personal clothing should be cleaned and disinfected to prevent
odors and vermin from accumulating and should be stored outside of the juvenile
housing area. Cleaning may also be necessary when the juvenile is permitted to
keep and wear personal clothing which is not in a clean and sanitary condition.
Bedding and Linen Issue
3-JDF-4B-12 (Ref. 2-8242)
86. Written policy, procedure, and practice provide for the issue of suitable
clean bedding and linen, including two sheets, pillow and pillowcase, one
mattress, and sufficient blankets to provide comfort under existing
temperature controls. There is provision for linen exchange at least weekly.
Comment: Collection, storage, and exchange methods for bedding and linens should
be done hygienically; that is, blankets, pillows, and mattresses should be cleaned
before reissue, and linen and towels must be laundered before reissue. Towels
should be exchanged at least three times per week.
Bathing and Personal Hygiene
3-JDF-4B-13 (Ref. 2-8246)
87. Written policy, procedure, and practice provide an approved shower
schedule which allows daily showers and showers after strenuous
exercise.
Comment: None.
3-JDF-4B-14 (Ref. 2-8240)
88. Written policy, procedure, and practice require that articles necessary
for maintaining proper personal hygiene are provided to all juveniles.
Comment: As part of the admissions process, each juvenile should be given soap, a
toothbrush, toothpaste or powder, a comb, and toilet paper. Shaving equipment
should be made available upon request, and the special hygiene needs of females
should be met.
3-JDF-4B-15 (Ref. 2-8239)
89. There are hair care services available to juveniles.
Comment: Barber and beautician’s facilities should be provided so that juveniles can
obtain hair care services when needed.

Section C: Health Care

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Principle: The facility provides comprehensive health care services by qualified personnel to
protect the health and well-being of juveniles.

Responsible Health Authority
3-JDF-4C-01 (Ref. 2-8248)
Mandatory
90. Written policy, procedure, and practice provide that the facility has a
designated health authority with responsibility for health care pursuant to
a written agreement, contract, or job description. The health authority may
be a physician, health administrator, or health agency. When the authority is
other than a physician, final medical judgments rest with a single designated
physician.
Comment: The responsibility of the health authority includes arranging for all levels
of health care and assuring the quality of all health services and that juveniles have
access to them. While overall responsibility may be assumed at the central office
level, it is essential that each facility have a responsible health authority; this may be
the responsible physician at the facility. Health care services should provide for the
physical and mental well-being of the population and include medical and dental
services; mental health services; nursing, personal hygiene, and dietary services;
health education; and attention to environmental conditions.
3-JDF-4C-04 (Ref. 2-8286)
91. Written policy, procedure, and practice provide that when a juvenile is in
need of hospitalization, he/she is accompanied by a staff member who
stays with the juvenile at least during admission.
Comment: The staff member should provide caring support to the juvenile and
should take a copy of the parents’ medical release form authorizing him/her to
provide consent for medical treatment for the facility pursuant to its custodial
authority.
3-JDF-4C-06 (Ref. 2-8259)
92. If medical services are delivered in the facility or through contract
services, adequate space, equipment, supplies, and materials as
determined by the responsible physician are provided for the performance
of primary health care delivery.
Comment: The type of space and equipment for an examining room will depend on
the level of sophistication of medicine required in the facility and the capabilities of
the health providers. In all facilities, space should be provided where the physicians
can examine and treat juveniles in private.
Unimpeded Access to Care
3-JDF-4C-07 (Ref. 2-8267)

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93.

Written policy, procedure, and practice provide for unimpeded access to
health care and for a system for processing complaints regarding health
care. These policies are communicated orally and in writing to juveniles upon
arrival at the facility, and are put in a language clearly understood by each
juvenile.
Comment: No member of the correctional staff should approve or disapprove
requests for attendance at sick call. The facility should follow the policy of explaining
access procedures orally to juveniles unable to read. When the facility frequently has
non-English speaking juveniles, procedures should be explained and written in their
language.
3-JDF-4C-08 (Ref. 2-8270)
94. When sick call is not conducted by a physician, a physician is available
once each week to respond to juveniles' complaints regarding service they
did or did not receive from other health care personnel.
Comment: This standard emphasizes the responsible physician’s role in assuring
accessibility and availability of those levels of care appropriate to the juveniles’ need
when those services are not personally provided by the responsible physician.
3-JDF-4C-09 (Ref. 2-8268)
95. Juveniles' medical complaints are monitored and responded to daily by
medically trained personnel.
Comment: Medical personnel sort and allocate patients to treatment. Control of
access to medical care should never be within the decision-making authority of
juvenile careworkers or administrative staff, or medical staff below the level of
registered nurse.
Personnel
3-JDF-4C-10 (Ref. 2-8258)
96. Appropriate state and federal licensure, certification, or registration
requirements and restrictions apply to personnel who provide health care
services to juveniles. The duties and responsibilities of such personnel are
governed by written job descriptions approved by the health authority. Verified
current credentials and job descriptions are on file in the facility.
Comment: Only qualified health care personnel should determine and supervise
health care procedures. Written job descriptions should include the required
professional qualifications and the individual’s specific role in the health care delivery
system. Verification of qualifications may consist of copies of current credentials or a
letter from the state licensing or certifying body regarding current credential status.
Nursing services are performed in accordance with professionally recognized
standards of nursing practice and the jurisdiction’s Nurse Practice Act.
Administration of Treatment

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3-JDF-4C-11 (Ref, 2-8253)
Mandatory
97. Written policy, procedure, and practice provide that treatment by health
care personnel other than a physician, dentist, psychologist, optometrist,
podiatrist, or other independent providers is performed pursuant to written
standing or direct orders by personnel authorized by law to give such
orders. Nurse practitioners and physician’s assistants may practice within the
limits of applicable laws and regulations.
Comment: Professional practice acts differ in various states as to issuing direct
orders for treatment, so the laws in each state need to be studied for implementation
of this standard. Standing medical orders are written for the definitive treatment of
identified conditions and for on-site treatment of emergency conditions for any
person having the condition to which the order pertains. Direct orders are written
specifically for the treatment of one person’s particular condition.
3-JDF-4C-13 (Ref. 2-8266)
98. A history of each juvenile's immunizations is obtained when the health
appraisal data are collected. Immunizations are updated, as required, within
legal constraints.
Comment: Where immunizations are not up-to-date, the facility should immunize to
ensure that the juvenile is fully protected. Relevant information should be obtained
from parents, family physician, school, or other available source.
3-JDF-4C-14 (Ref. 2-8289)
99. In facilities housing females, obstetrical, gynecological, family planning,
and health education services are provided as needed.
Comment: None.
Current Mental Health Services
3-JDF-4C-16 (Ref. 2-8255)
100. Written policy, procedure, and practice specify the provision of mental
health services for juveniles. These services include but are not limited to
those provided by qualified mental health professionals who meet the
educational and license/certification criteria specified by their respective
professional disciplines (e.g., psychiatric nursing, psychiatry, psychology, and
social work).
Comment: An adequate number of qualified staff members should be available to
deal directly with juveniles who have severe mental health problems as well as to
advise other correctional staff in their contacts with such individuals.
Health-trained Staff Member
3-JDF-4C-17 (Ref. New)
101. When facilities do not have full-time, qualified, health-trained personnel,
a health-trained staff member coordinates the health delivery services in

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the facility under the joint supervision of the responsible health authority
and facility administrator.
Comment: The health-trained staff member (who is other than a nurse, physician’s
assistant, or emergency medical technician) may be full-time. Coordination duties
may include reviewing receiving screening forms for needed follow-up, readying
juveniles and their records for sick call, and assisting in carrying out orders regarding
such matters as diets, housing, and work assignments.
Pharmaceuticals
3-JDF-4C-18 (Ref. 2-8279)
Mandatory
102. Written policy, procedure, and practice provide for the proper
management of pharmaceuticals and address the following subjects:
a formulary specifically developed for the facility prescription practices that
requires (1) prescription practices, including requirements that psychotropic
medications are prescribed only when clinically indicated as one facet of a
program of therapy; (2) “stop order” time periods are required for all
medications; and (3) the prescribing provider reevaluates a prescription prior
to its renewal;
• procedures for medication receipt, storage, dispensing, and administration
or distribution;
• maximum security storage and periodic inventory of all controlled
substances, syringes, and needles;
• dispensing of medicine in conformance with appropriate federal and state
laws;
• administration of medication by persons properly trained and under the
supervision of the health authority and facility administrator or designee;
• accountability for administering or distributing medications in a timely
manner and according to physician’s orders.
Comment: The written formulary lists should include all prescribed and
nonprescribed medications stocked in the facility or generated by outside health care
providers. Any dispensed medication (one or more doses issued from a stock or bulk
container) should be labeled with the patient’s name, prescription contents,
directions for use, and other vital information. The pharmacy may be managed by a
resident pharmacist or by health-trained personnel under the supervision of the
health authority.
•

3-JDF-4C-19 (Ref. 2-8281)
103. Psychotropic drugs, such as antipsychotics or antidepressants, and
drugs requiring parenteral administration are prescribed only by a
physician or authorized health provider by agreement with the physician,
and then only following a physical examination of the juvenile by the
health provider. Such drugs are administered by the responsible physician,

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qualified health personnel, or health-trained personnel under the direction of the
health authority.
Comment: None.
3-JDF-4C-20 (Ref. 2-8280)
104. The person administering medications has training from the
responsible physician and the official responsible for the facility, is
accountable for administering medications according to others, and
records the administration of medications in a manner and on a form
approved by the responsible physician.
Comment: Administration of drugs and remedies referred to in this standard does not
include medications administered intramuscularly. Such medications should only be
administered by trained medical personnel of at least the level of registered nurse.
Health Screenings and Examinations
3-JDF-4C-21 (Ref. 2-8264)
Mandatory
105. Written policy, procedure, and practice require medical, dental, and
mental health screening to be performed by health-trained or qualified
health care personnel on all juveniles, excluding intrasystem transfers,
upon their arrival at the facility. All findings are recorded on a form approved
by the health authority. The screening form includes at least the following:
Inquiry into:
•
•
•
•

•
•

current illness and health problems, including venereal diseases and other
infectious diseases;
dental problems;
mental health problems;
use of alcohol and other drugs, which includes types of drugs used, mode of
use, amounts used, frequency of use, date or time of last use, and a history
of problems that may have occurred after ceasing use (e.g., convulsions);
past and present treatment or hospitalization for mental disturbance or
suicide attempt; and
other health problems designated by the responsible physician.

Observation of:
•
•
•

behavior, which includes state of consciousness, mental status, appearance,
conduct, tremor, and sweating;
body deformities, ease of movement, etc.; and
condition of skin, including trauma markings, bruises, lesions, jaundice,
rashes and infestations, and needle marks or other indications of drug
abuse.

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Medical disposition of juvenile:
• general population; or
• general population with appropriate referral to health care service; or
• referral to appropriate health care service for emergency treatment.
Comment: Health screening is a system of structured inquiry and observation
designed to prevent newly arrived juveniles who pose a health or safety threat to
themselves or others from being admitted to the facility’s general population, and to
rapidly transport newly admitted juveniles to health care. Receiving screening can be
performed by health care personnel or by health-trained child care/supervision staff
at the time of admission. Facilities that have reception and diagnostic units and/or a
holding room must conduct receiving screening on all juveniles upon their arrival at
the facility as part of the admission procedures.
3-JDF-4C-23 (Ref. 2-8263)
Mandatory
106. Written policy, procedure, and practice require health screening by
health-trained or qualified health care personnel immediately upon arrival
at the facility for all intrasystem transfers, with all findings recorded on a
screening form approved by the health authority. The screening includes at
a minimum the following:
Inquiry into:
•
•
•

whether the juvenile is being treated for a medical, dental, or mental health
problem;
whether the juvenile is presently on medication; and
whether the juvenile has a current medical, dental, or mental health
complaint.

Observation of:
•
•
•

general appearance and behavior;
physical deformities; and
evidence of abuse and/or trauma.

Medical disposition of juvenile:
• general population; or
• general population with appropriate referral to health care service; or
• referral to appropriate health care service for emergency treatment.
Comment: Screening of intrasystem transfers is necessary for the detection of
juveniles who pose a health and/or safety threat to themselves or others and who
may require immediate medical attention.
3-JDF-4C-24 (Ref. 2-8265)

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107. Written policy, procedure, and practice provide for the collection and
recording of health appraisal data and require the following:
the process is completed in a uniform manner as determined by the health
authority;
• health history and vital signs are collected by health-trained or qualified
health personnel;
• review of the results of the medical examination, tests, and identification of
problems is performed by a physician; and
• collection of all other health appraisal data is performed only by qualified
health personnel.
Comment: The initial screening must be followed with a more detailed health
examination by the appropriate health appraisal personnel to adequately identify the
health care needs of the juvenile. It is also important that the examination be
performed in a uniform manner to ensure that it is thorough and consistent for each
juvenile.
•

Dental Screening and Examination
3-JDF-4C-26 (Ref. 2-8272)
Mandatory
108. Written policy, procedure, and practice provide for 24-hour emergency
medical, dental, and mental health care availability as outlined in a written
plan that includes arrangements for the following:
on-site emergency first aid and crisis intervention;
emergency evacuation of the juvenile from the facility;
use of an emergency medical vehicle;
use of one or more designated hospital emergency rooms or other
appropriate health facilities;
• emergency on-call physician, dentist, and mental health professional
services when the emergency health facility is not located in a nearby
community; and
• security procedures providing for the immediate transfer of juveniles when
appropriate.
Comment: Arrangements should be made with nearby hospitals or other facilities for
all health services that cannot be appropriately provided within the facility or where
contractual arrangements can result in a better or broader range of services. In the
event the usual health services are not available, particularly in emergency
situations, the facility should have a backup plan to serve the program. The plan
might include an alternate hospital emergency service or a physician “on-call”
service.
•
•
•
•

First Aid
3-JDF-4C-27 (Ref. 2-8273)

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Mandatory
109. Written policy, procedure, and practice provide that juvenile careworker
staff and other personnel are trained to respond to health-related
situations within a 4-minute response time. A training program is established
by the responsible health authority in cooperation with the facility administrator
that includes the following:
recognition of signs and symptoms and knowledge of action required in
potential emergency situations;
• administration of first aid and cardiopulmonary resuscitation (CPR);
• methods of obtaining assistance;
• signs and symptoms of mental illness, retardation, and chemical
dependency; and
• procedures for patient transfers to appropriate medical facilities or health
care providers.
Comment: With even the most adequate staff of qualified health care personnel,
emergencies can occur in distant parts of the facility; too much time can be lost in
getting staff promptly on the scene to handle emergency matters. All staff should
have standard first aid training. Minimally, one juvenile careworker per shift should
be trained in CPR and in how to recognize symptoms of illnesses most common to
juveniles.
•

3-JDF-4C-28 (Ref. 2-8260)
110. Written policy, procedure, and practice require that first aid kit(s) are
available. The responsible physician approves the contents, number, location,
and procedure for periodic inspection of the kit(s).
Comment: The medical staff develop written procedures outlining the use of first aid
kits by nonmedical staff.
3-JDF-4C-29 (Ref. 2-8269)
111. Sick call for nonemergency medical service, conducted by a physician
and/or other qualified medical personnel, is available to each juvenile at
least three times a week.
Comment: Sick call is the procedure through which each juvenile reports and
receives appropriate medical services for nonemergency illness or injury.
3-JDF-4C-30 (Ref. 2-8277)
112. Written policy, procedure, and practice provide for a special health
program for juveniles requiring close medical supervision. A written
individual treatment plan, which includes directions to health care and other
personnel regarding their roles in the care and supervision of the patient, is
developed for each juvenile by appropriate physician, dentist, or qualified mental
health practitioner.
Comment: Medical conditions requiring close medical supervision include seizure
disorders, potential suicide, chemical dependency, and psychosis.

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Chronic and Convalescent Care
3-JDF-4C-31 (Ref. 2-8274)
113. Chronic care, convalescent care, and medical preventive maintenance
are provided to juveniles when medically indicated.
Comment: Chronic care is medical service rendered to a patient over a long period
of time. Convalescent care is medical service rendered to a patient to assist the
recovery from illness or injury. Medical preventive maintenance is health education
and medical services provided as advance measures against disease and as
instruction in self-care for chronic conditions.
Transfer for Needed Care
3-JDF-4C-33 (Ref. 2-8256)
114. A written agreement exists between the facility and a nearby hospital
for all medical services that cannot be provided at the facility.
Comment: Medical arrangements may be entered into for the provision of
emergency or specialized care away from the facility. This standard includes crisis
intervention for psychiatric emergencies.
Suicide Prevention and Intervention
3-JDF-4C-35 (Ref. New)
115. There is a written suicide prevention and intervention program that is
reviewed and approved by a qualified medical or mental health
professional. All staff with responsibility for juvenile supervision are trained in
the implementation of the program, which includes specific procedures for intake
screening, identification, and supervision of suicide-prone juveniles.
Comment: None.
3-JDF-4C-36 (Ref. New)
116. Written policy, procedure, and practice specify approved actions to be
taken by employees concerning juveniles who have been diagnosed HIV
positive. This policy shall include at a minimum the following:
• when and where juveniles are to be tested;
• appropriate safeguards for staff and juveniles;
• when and under what conditions juveniles are to be separated from the
general population;
• staff and juvenile training procedures; and
• issues of confidentiality.
Comment: None.

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3-JDF-4C-37 (Ref. New)
117. Written policy, procedure, and practice address the management of
serious and infectious diseases. These policies and procedures are updated
as new information becomes available. Agencies should work with the
responsible health authority in establishing policy and procedures that include
the following: an ongoing education program for staff and residents; control,
treatment, and prevention strategies that may include screening and testing,
special supervision, and/or special housing arrangements, as appropriate;
protection of individual confidentiality; and media relations.
Comment: Because of their serious nature, methods of transmission, and public
sensitivity, infectious diseases such as tuberculosis, hepatitis-B, and AIDS (acquired
immunodeficiency syndrome) require special attention.
3-JDF-4C-38 (Ref. 2-8261)
118. Written policy, procedure, and practice provide for medical examination
of any employee or juvenile suspected of a communicable disease.
Comment: The examination must be conducted and the results made available
quickly to ensure prompt and proper treatment of the problem.
Juvenile Participation in Research
3-JDF-4C-43 (Ref. 2-8290)
Mandatory
119. Written policy prohibits the use of juveniles for medical,
pharmaceutical, or cosmetic experiments. This policy does not preclude
individual treatment of a juvenile based on his or her need for a specific medical
procedure that is not generally available.
Comment: A person confined in a facility is incapable of volunteering as a human
subject without hope of reward and cannot do so on the basis of fully informed
consent. Therefore, juveniles should not participate in experimental projects
involving medical, pharmaceutical, or cosmetic research, including aversive
conditioning, psychosurgery, electrical stimulation of the brain, or the application of
cosmetic substances to the body that are being tested for possible commercial use.
This prohibition does not preclude individual treatment of a juvenile by his or her
physician with a new medical procedure, subsequent to a full explanation of the
treatment’s positive and negative features. The agreement is between the physician
and the juvenile, and is not part of a general program of medical experimentation
involving payment to juveniles for submission to treatment.
3-JDF-4C-44 (Ref. 2-8282)
120. Under no circumstances is a stimulant, tranquilizer, or psychotropic
drug to be administered for purposes of program management and
control, or for purposes of experimentation and research.
Comment: The policy regarding the prescription of stimulants, tranquilizers, or
psychotropic medications states that these medications are dispensed only when
clinically indicated and as one facet of a program of therapy. This policy also states

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that the administration of these medications is not allowed for disciplinary reasons
and discourages long-term use of tranquilizers by minors.
Notification of Designated Individuals
3-JDF-4C-45 (Ref. 2-8271)
121. Written policy, procedure, and practice provide for the prompt
notification of juveniles' parents/guardians and the responsible agency in
case of serious illness, surgery, injury, or death.
Comment: Whenever a juvenile becomes seriously ill or injured, requires surgery, or
dies, the juvenile’s parents/guardians and the responsible agency are promptly
notified by telephone, telegram, or other rapid means of communication. In the event
of death, the head of the agency should also be notified. If death occurred under
unusual circumstances, the coroner and appropriate law enforcement officials should
be notified.
Health Record Files
3-JDF-4C-46 (Ref. 2-8283)
122. The health record file contains the following:
•
•
•
•
•
•
•
•
•
•
•
•
•

the completed receiving screening form;
health appraisal data forms;
all findings, diagnoses, treatments, and dispositions;
prescribed medications and their administration;
laboratory, x-ray, and diagnostic studies;
signature and title of documenter;
consent and refusal forms;
release-of-information forms;
place, date, and time of health encounters;
health service reports (e.g., dental, mental health, and consultations);
treatment plan, including nursing care plan;
progress reports; and
discharge summary of hospitalization and other termination summaries.

The method of recording entries in the records, the form and format of the
records, and the procedures for their maintenance and safekeeping are
approved by the health authority.
Comment: The “problem-oriented medical record” structure is suggested; however,
whatever the records structure, every effort should be made to establish uniformity of
record forms and content throughout the correctional system. The record is to be
complete and all findings recorded, including notations concerning mental health,
dental, and consultative services, at the time of service delivery or no later than 14
days from time of discharge of the patient or termination of treatment. The receiving
screening form becomes a part of the record at the time of the first health
encounter.

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3-JDF-4C-47 (Ref. 2-8284)
123. Written policy, procedure, and practice uphold the principle of
confidentiality of the health record and support the following
requirements:
the active health record is maintained separately from the confinement
record;
• access to the health record is controlled by the health authority; and
• the health authority shares with the facility administrator information
regarding a juvenile's medical management, security, and ability to participate
in programs.
Comment: The principle of confidentiality protects the patient from disclosure of
confidences entrusted to a health care provider during the course of treatment. The
confidential relationship of doctor and patient extends to juvenile patients and their
physicians or other providers. Thus, it is necessary to maintain active health record
files under security, completely separate from the patient’s confinement record.
•

Transferred and Inactive Records
3-JDF-4C-48 (Ref. 2-8288)
124. For juveniles being transferred to other facilities, summaries or copies
of the medical history record are forwarded to the receiving facility prior to
or at arrival.
Comment: Because the receiving facility has responsibility for medical care of new
arrivals, it is imperative that it receives all available medical information as soon as
possible. Written authorization by the juvenile is not required for the transfer of this
information. This will reduce duplication of screening procedures, assure continuity
in treatment, and reduce the need for segregation until the existence of contagious
diseases can be determined.

Part V. Juvenile Services
Section A: Intake and Admission
Principle: All incoming juveniles undergo thorough screening and assessment at intake and
receive thorough orientation to the facility’s procedures, rules, programs, and services.

Intake
3-JDF-5A-02 (Ref. 2-8349, 2-8350)
125. Written procedures for admission of juveniles new to the system
include but are not limited to the following:
•
•

determination that the juvenile is legally committed to the facility;
complete search of the juvenile and possessions;

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•
•
•
•
•
•
•

disposition of personal property;
shower and hair care, if necessary;
issue of clean, laundered clothing, as needed;
issue of personal hygiene articles;
medical, dental, and mental health screening;
assignment to a housing unit;
recording of basic personal data and information to be used for mail and
visiting lists;
• assistance to juveniles in notifying their families of their admission and
procedures for mail and visiting;
• assignment of a registered number to the juvenile; and
• provision of written orientation materials to the juvenile.
Comment: Juveniles coming into the system may be unfamiliar with staff
expectations and not understand what is expected of them. Staff members should
explain procedures at each step in the admissions process.
New Juveniles
3-JDF-5A-15 (Ref. 2-8351)
126. Written policy, procedure, and practice provide that new juveniles
receive written orientation materials and/or translations in their own
language if they do not understand English. When a literacy problem exists,
a staff member assists the juvenile in understanding the material. Completion of
orientation is documented by a statement signed and dated by the juvenile.
Comment: Orientation should include informal classes, distribution of written
materials about the facility’s programs, rules and regulations, and discussion.
Orientation should also be used to observe juvenile behavior and to identify special
problems.
Personal Property
3-JDF-5A-16 (Ref. 2-8352)
127. Written policy, procedure, and practice govern the control and
safeguarding of juvenile personal property. Personal property retained at the
facility is itemized in a written list that is kept in the permanent case file; the
juvenile receives a current copy of this list.
Comment: All personal property retained at the facility should be accurately
inventoried and securely stored. The inventory list should be signed by the juvenile
and a receipt given to the juvenile for all funds and possessions stored. The property
should be available if required by the juvenile and should be returned at the time of
release, with a receipt signed by the juvenile acknowledging return of the property.

Section B: Social Service
Principle: The facility makes available the professional services necessary to meet the identified
needs of juveniles. Such services may include individual and family counseling, family planning
and parent education, and programs for juveniles with drug and alcohol addiction problems.

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Counseling
3-JDF-5B-04 (Ref. 2-8375)
128. Written policy, procedure, and practice provide that staff members are
available to counsel juveniles at their request; provision is made for
counseling juveniles on an emergency basis.
Comment: In assisting juveniles with their personal problems and with adjustment to
the facility, staff members should make time available on a regularly scheduled basis
for appointments with juveniles who request it. Because juveniles may have
problems that require immediate attention, at least one staff member should be
available 24 hours a day.
3-JDF-5B-05 (Ref. New)
129. Written policy, procedure, and practice provide for juvenile access to
mental health counseling and crisis intervention services in accordance
with their needs.
Comment: Juveniles placed in detention facilities are, in some cases, highly
disturbed; therefore, it is imperative that mental health, psychiatric, and crisis
intervention services are available on an as-needed basis. Treatment offerings
should include group therapy and group and individual counseling.

Section C: Academic, Vocational, and Work
Principle: A written body of policy and procedures governs the facility’s academic, vocational
education, and work programs for juveniles, including program accreditation, staff certification,
and coordination with other facility programs and services as well as with the community.

Comprehensive Education Program
3-JDF-5C-01 (Ref. 2-8356)
130. There is a comprehensive education program for juveniles.
Comment: The facility should provide juveniles with a broad educational program
that is most suited to their needs and abilities and includes but is not limited to:
developmental education; remedial education; special education; multicultural
education; bilingual education, when the profile indicates; and tutorial services as
needed. This program should operate under the auspices of the year-round school
system.
3-JDF-5C-03 (Ref. 2-8359)
131. The educational program is supported by specialized equipment that
meets minimum state education standards.
Comment: Regardless of the extent of the educational program, specialized
equipment is essential.

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Vocational/Work Programs
3-JDF-5C-05 (Ref. 2-8302)
132. Juveniles are not required to participate in uncompensated work
assignments unless the work is related to housekeeping, maintenance of
the facility or grounds, personal hygienic needs, or part of an approved
training or community service program.
Comment: Work that benefits the community or the facility may also serve the needs
of the confined juveniles. It may be part of a training program, the opportunity to
practice existing skills, or simply a relief from boredom. Juveniles in the custody of
the INS may not participate in compensated work assignments.
3-JDF-5C-06 (Ref. 2-8379)
133. Juveniles are not permitted to perform any work prohibited by state and
federal regulations and statutes pertaining to child labor.
Comment: Juveniles in detention facilities should not be permitted to perform work
that juveniles in the community would be prohibited from performing pursuant to
state and federal child labor laws.

Section D: Library
Principle: A written body of policy and procedure governs the facility’s library program, including
acquisition of materials, hours of availability, and staffing.

Comprehensive Library Services
3-JDF-5D-03 (Ref. 2-8366)
134. Library services are provided and available to all juveniles.
Comment: Every effort should be made to become part of a local library system.
Young people should be encouraged to check out books and other library materials.
Library services may be provided in the facility to include reading materials for
nonlibrary hours. Reading material should reflect racial and ethnic interests and be
appropriate for various levels of competency.

Section E: Recreation and Activities
Principle: A written body of policy and procedures governs the facility’s recreation and activities
and programs for juveniles, including program coordination and supervision, facilities and
equipment, community interaction, and activities initiated by juveniles.

Equipment

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3-JDF-5E-04 (Ref. 2-8363)
135. Written policy, procedure, and practice provide a recreation and leisure
time plan that includes at a minimum at least 1 hour per day of large
muscle activity and 1 hour of structured leisure time activities.
Comment: Large muscle development and opportunities for play and creative activity
are essential for the growing youth. There should be opportunities for exercise and
constructive leisure time activity for at least 2 hours on school days and 3 hours on
non-school days, not including time spent watching television.

Section F: Religious Programs
Principle: A written body of policy and procedures governs the institution’s religious programs for
juveniles, including program coordination and supervision, opportunities to practice the
requirements of one’s faith, and use of community resources.

Staff and Space Requirements
3-JDF-5F-03 (Ref. 2-8297)
136. Written policy, procedure, and practice provide that juveniles have the
opportunity to participate in practices of their religious faith that are
deemed essential by the faith's judicatory, limited only by documentation
showing threat to the safety of persons involved in such activity, or that
the activity itself disrupts order in the facility.
Comment: Religious practices shall include but are not limited to: access to religious
publications; religious symbols; worship/religious services in appropriate space;
individual and group counseling; religious study classes; and adherence to dietary
requirements.

Section G: Mail, Telephone, Visiting
Principle: A written body of policy and procedure governs the facility’s mail, telephone, and
visiting services for juveniles, including mail inspection, public phone use, and routine and special
visits.

Mail
3-JDF-5G-01 (Ref. 2-8380)
137. Written policy and procedures governing correspondence of juveniles
are made available to all staff and juveniles and are reviewed annually and
updated as needed.
Comment: None.
3-JDF-5G-02 (Ref. 2-8381)

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138. When the juvenile bears the mailing cost, there is no limit on the
volume of letters he/she can send or receive.
Comment: None.
3-JDF-5G-03 (Ref. 2-8387)
139. Written policy, procedure, and practice provide that indigent juveniles,
as defined in policy, receive a specified postage allowance to maintain
community ties.
Comment: A juvenile without financial resources should be provided the means to
send a reasonable number of letters per month. Community ties include family,
personal friends, etc., but not privileged communication to attorney, public officials,
and courts.
3-JDF-5G-04 (Ref. 2-8386)
140. Written policy, procedure, and practice specify that juveniles are
permitted to send sealed letters to a specified class of persons and
organizations including but not limited to: courts, counsel, officials of the
confining authority, administrators of grievance systems, and members of
the releasing authority.
Comment: Mail from juveniles to a specified class of persons and organizations
should not be opened; mail to juveniles from this specified class of persons and
organizations may be opened only to inspect for contraband and only in the
presence of the juvenile.
3-JDF-5G-05 (Ref. 2-8304)
141. Written policy, procedure, and practice grant juveniles the right to
communicate or correspond with persons or organizations, subject only to
the limitations necessary to maintain facility order and security.
Comment: Access to the public is an integral part of rehabilitation. Juveniles should
be permitted to communicate with their families and friends, as well with public
officials, the courts, and their attorneys. No correspondence should be censored.
Inspection of Letters and Packages
3-JDF-5G-07 (Ref. 2-8382, 2-8383)
142. Written policy, procedure, and practice provide that juveniles' mail,
both incoming and outgoing, may be opened and inspected for
contraband. Mail is read, censored, or rejected when based on legitimate
facility interest of order and security. The juvenile is notified when incoming or
outgoing letters are withheld in part or in full.
Comment: Juveniles should be permitted uncensored correspondence so long as it
poses no threat to the safety and security of the facility, public officials, or the
general public and is not being used in the furtherance of illegal activities. Case law
has defined legal limits. When mail is censored or rejected, the juvenile or author

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should be notified of the reasons for the action and provided an opportunity to
appeal the decision.
3-JDF-5G-08 (Ref. 2-8384)
143. Written policy, procedure, and practice require that all cash received
through the mail is held for the juvenile in accordance with procedures
approved by the parent agency.
Comment: The administration should have discretion to control the flow of cash to
juveniles. However, when cash is intercepted and withheld by the facility, it must be
in accordance with written procedures that specify who is responsible for the cash,
where it is to be deposited, and the method of return or transferal upon the juvenile’s
release or placement.
3-JDF-5G-09 (Ref. 2-8385)
144. Written policy, procedure, and practice require that incoming and
outgoing letters are held for no more than 24 hours, and packages for no
more than 48 hours, excluding weekends and holidays.
Comment: Inspection for contraband in letters should take no longer than 24 hours
to complete, so that incoming letters should be distributed to juveniles and outgoing
letters sent to the post office within 24 hours of receipt. Inspection of packages
should take no longer that 48 hours to complete; packages should be distributed or
sent to the post office within 48 hours of receipt.
Forwarding of Mail
3-JDF-5G-10 (Ref. 2-8393)
145. Written policy, procedure, and practice provide for the forwarding of
first class letters and packages after transfer or release.
Comment: All first class letters and packages should be forwarded to juveniles who
are transferred to other facilities or released, provided a forwarding address is
available. If a forwarding address is not available, first class letters and packages
should be returned to the sender. Post office policy and procedure should be made
available to juveniles.
Telephone
3-JDF-5G-11 (Ref. 2-8392)
146. Written policy, procedure, and practice provide for juvenile access to
the telephone to make and receive personal calls.
Comment: Sufficient telephone facilities should be provided to permit reasonable
and equitable access by all juveniles, except those in reception units and disciplinary
confinement. Written procedures should specify the hours of telephone availability,
maximum length of calls, and any limitations on telephone calls. Telephone facilities
should allow for a reasonable amount of privacy. All long distance calls should be
made collect.

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Visiting
3-JDF-5G-12 (Ref. 2-8303)
147. Written policy, procedure, and practice grant juveniles the right to
receive visits, subject only to the limitations necessary to maintain facility
order and security.
Comment: Because strong family and community ties increase the likelihood that the
juvenile will succeed after release, visits should be encouraged. Provision should be
made for visitation in pleasant surroundings, with minimum surveillance to ensure
privacy. Arrangements must be made to allow confidential visits with attorneys. No
restrictions should be placed on juvenile visitation rights except where the facility
administrator or designee can provide substantial justification for the restriction.
3-JDF-5G-13 (Ref. 2-8389)
148. Written policy, procedure, and practice provide that juvenile visiting
facilities permit informal communication, including opportunity for
physical contact.
Comment: The degree of informality of juvenile visiting facilities should be consistent
with the facility’s overall security requirements. The use of devices that preclude
physical contact should be avoided except in instances of substantiated security
risk.
3-JDF-5G-14 (Ref. 2-8391)
149. Written policy, procedure, and practice govern special visits.
Comment: Special visits may include visits from persons who have come long
distances, visits to hospitalized juveniles, visits to juveniles in disciplinary status, and
visits between juveniles and their attorneys. Written policies and procedures should
specify the conditions of such visits.
3-JDF-5G-15 (Ref. 2-8390)
150. Written policy, procedure, and practice specify (1) that visitors register
on entry into the facility and (2) the circumstances under which visitors
are searched and supervised during the visit.
Comment: Each visitor should be required to register his/her name, address, and
relation to the juvenile upon entry. Staff members may search visitors and their
belongings.

Section H: Release
Principle: The facility provides a structured program to help juveniles make a satisfactory
transition upon their release from detention.

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Release Preparation
3-JDF-5H-02 (Ref. 2-8395)
151. Written procedures for releasing juveniles include but are not limited to
the following:
•
•
•

verification of identity;
verification of release papers;
completion of release arrangements, including the person or agency to whom
the juvenile is to be released;
• return of personal effects;
• completion of any pending action, such as grievances or claims for damaged
or lost possessions;
• medical screening and arrangements for community follow-up when needed;
• transportation arrangements; and
• instructions on forwarding of mail.
Comment: The release process should ensure that all matters relating to the facility
are completed. If the juvenile is to be released to his or her family, the person
accepting the juvenile should be identified, or an unescorted release must be
verified. If released to another agency, everyone involved should understand what is
to occur with respect to timing, expectations, forwarding of records, and who will
complete the transfer. The party or entity responsible for or having legal custody of
the juvenile must also be notified.
3-JDF-5H-07 (Ref. New)
152. Written policy, procedure, and practice provide for and govern escorted
and unescorted day leaves into the community.
Comment: There should be provision to escort juveniles into the community for
needed medical and dental care; to visit ill family members or attend funerals; and to
participate in community affairs and/or events that would have a positive influence
on the juvenile. Unescorted or day leaves should be extended for a variety of
reasons related to the juvenile’s planned return to the community and should be
consistent with public safety.

Rating 1–5:

INS Juvenile Shelter Care Standards Checklist

1=in compliance; 2=not in
compliance;
3= exception noted; 4=staff
information; 5=confirmed

A. Administration and Management (Part I of JCRF manual)2
1.

Written policy provides that the facility and its programs are managed by a
single administrative officer (3-JCRF-1A-06).

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1

2

3

4

5

2.

Facility administrator qualifications include a bachelor’s degree in a related
discipline and demonstrated ability and leadership (3-JCRF-1A-07).

3.

Written policy provides that new or revised policies and procedures are
disseminated to designated staff and volunteers (3-JCRF-1A-13).

4.

Written policy provides for regular meetings, at least monthly, between the
administrator and key staff members (3-JCRF-1A-14).

5.

Written policy provides that firearms are not permitted in the facility (3-JCRF1A-22).

6.

The facility has written fiscal policies and procedures adopted by the
governing authority that meet minimum requirements (3-JCRF-1B-02).

7.

Written policy provides that any financial transactions between juveniles,
staff, and others are approved by the administrator (3-JCRF-1B-17).

8.

Written policy prohibits sexual harassment (3-JCRF-1C-04).

9.

Written policy specifies support for a drug-free workplace for all employees
and includes certain minimum principles (3-JCRF-1C-05).

10.

Written policy provides that there are written job descriptions and
qualifications for all positions in the facility (3-JCRF-1C-06).

11.

A criminal record check is conducted on all new employees, according to
state and federal statutes (3-JCRF-1C-10).

12.

Written policy provides that employees who work with juveniles receive a
physical examination (3-JCRF-1C-11).

13.

Written policy provides that all personnel working with juveniles are
informed and agree in writing to confidentiality policies (3-JCRF-1C-17).

14.

The facility provides initial orientation for all new employees during their first
week of employment (3-JCRF-1D-03).

15.

Written policy provides that all training programs are conducted by qualified
trainers in that particular area (3-JCRF-1D-05).

16.

Written policy provides that administrative, managerial, and professional
specialist staff receive 40 hours of training (beyond orientation) during their
1st year and 40 hours a year thereafter (3-JCRF-1D-09).

17.

Written policy provides that all juvenile careworkers receive an additional
120 hours of training during their 1st year and 40 hours a year thereafter (3JCRF-1D-10).

18.

Written policy provides that all support employees with regular or daily
contact with juveniles receive 40 hours of training (beyond orientation) during
their 1st year and 40 hours a year thereafter (3-JCRF-1D-11).
(table continued on next page)

19.

All part-time staff, volunteers, and contractors receive formal orientation
appropriate to their assignments, with training as needed (3-JCRF-1D-13).

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

20.

Written policy governs case record management, to include several minimum
areas (3-JCRF-1E-01).

21.

Written policy provides that a record is maintained for each juvenile that
includes several minimum components (3-JCRF-1E-02).

Rating 1–5:

INS Juvenile Shelter Care Standards Checklist

1=in compliance; 2=not in
compliance;
3= exception noted; 4=staff
information; 5=confirmed

A. Administration and Management—Cont.
22.

Written policy provides for the auditing of juvenile records at least monthly (3JCRF-1E-03).

23.

Written policy provides that appropriate safeguards exist to minimize the
possibility of theft, loss, or destruction of records (3-JCRF-1E-05).

24.

Written policy provides that an updated case file is transferred along with a
juvenile either simultaneously or within 72 hours (3-JCRF-1E-06).

25.

Written policy provides that records are safeguarded from unauthorized or
improper disclosure (3-JCRF-1E-07).

26.

Written policy governs the voluntary participation of juveniles in non-medical,
nonpharmaceutical, and noncosmetic research (3-JCRF-1F-09).

27.

A staff member is responsible for supervising citizen involvement and
volunteer service programs that benefit juveniles (3-JCRF-1G-01).

28.

Volunteers agree in writing to honor facility policies, particularly those relating
to the security and confidentiality of information (3-JCRF-1G-05).

29.

Written policy provides that all volunteers complete an appropriate,
orientation and/or training program before being assigned (3-JCRF-1G-07).

30.

Written policy specifies that volunteers may perform professional services
only when they are certified or licensed to do so (3-JCRF-1G-08).

B. Physical Plant (Part II of JCRF manual)
31.

The facility conforms to all applicable state and local building codes (3-JCRF2A-01).

32.

Exits in the facility comply with state or local fire authorities or the authority
having jurisdiction (3-JCRF-2A-03).

33.

The number of juveniles does not exceed the facility’s rated bed capacity (3JCRF-2B-03).

34.

Each sleeping room complies with minimum requirements for privacy,
comfort, light, space, and temperature (3-JCRF-2C-01).

35.

Living rooms with space for varied activities are available (3-JCRF-2C-02).

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36.

Written policy provides that the facility permits juveniles to decorate their
living and sleeping quarters with personal possessions (3-JCRF-2C-03).

37.

The facility has, at minimum, one operable toilet for every eight juveniles (3JCRF-2C-04).

38.

The facility has, at minimum, one operable shower or bathing facility with hot
and cold running water for every eight juveniles (3-JCRF-2C-05).

39.

The facility has, at minimum, one operable wash basin with hot and cold
running water for every eight juveniles (3-JCRF-2C-06).

40.

Written policy provides that juveniles with disabilities are housed in a safe
and secure manner (3-JCRF-2C-08).

41.

Written policy provides that all sleeping quarters in the facility are well-lighted
and properly ventilated (3-JCRF-2D-01).

42.

Temperatures in indoor living and work areas are appropriate to summer and
winter comfort zones (3-JCRF-2D-02).

43.

Adequate space and furnishings to accommodate activities, such as group
meetings of the juveniles, are provided in the facility (3-JCRF-2E-01).

44.
45.
46.

The facility provides adequate private counseling space (3-JCRF-2E-02).
Written policy provides for adequate and appropriate areas for visitation and
for recreation programs (3-JCRF-2E-03).
Adequate dining space is provided for the juveniles (3-JCRF-2E-04).

Rating 1–5:

INS Juvenile Shelter Care Standards Checklist

1=in compliance; 2=not in
compliance;
3= exception noted; 4=staff
information; 5=confirmed

B. Physical Plant—Cont. (Part II of JCRF manual)
47.
48.

2

3

4

5

1

2

3

4

5

When the facility has a kitchen, the kitchen, dining, and food storage areas
are properly ventilated, furnished, and cleaned (3-JCRF-2E-05).
The facility has adequate space for janitorial supplies (3-JCRF-2E-07).

49.

Space is provided to store and issue clothing, bedding, cleaning supplies,
and other items required for daily operations (3-JCRF-2E-08).

50.

Adequate space is provided for storing the personal property of juveniles (3JCRF-2E-09).

51.

The facility has controls to keep juveniles safely within the facility and to
prevent unauthorized access by the general public (3-JCRF-2G-01).

C. Facility Operations (part III of JCRF manual)
52.

1

Written policy limits physical force to self-protection, protection of juvenile or
others, and prevention of property damage and escape (3-JCRF-3A-02).

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53.

Written policy provides that at least one staff person is readily available 24
hours a day, and is responsive to juveniles’ needs (3-JCRF-3A-03).

54.

Written policy provides that the staffing pattern concentrates staff when most
juveniles are in the facility (3-JCRF-3A-04).

55.

Written policy provides that no juvenile or group of juveniles is in a position of
control or authority over other juveniles (3-JCRF-3A-05).

56.

Written policy requires staff to keep a permanent log and to prepare shift
reports that record both routine and unusual occurrences (3-JCRF-3A-06).

57.

Written policy provides for the detection and reporting of absconders (3JCRF-3A-08).

58.

Written policy provides that staff monitor the movement of juveniles into and
out of the facility (3-JCRF-3A-09).

59.

Written policy provides that juveniles and adults not share sleeping rooms (3JCRF-3A-10).

60.

Written policy provides that male and female juveniles do not occupy the
same sleeping rooms (3-JCRF-3A-11).

61.

Written policy provides for searches to control contraband and its disposition
at a level keeping with security needs (3-JCRF-3A-12).

62.

Written policy governs the control and use of tools, equipment, and keys (3JCRF-3A-13).

63.

The facility complies with the regulations of the state or local fire safety
authority, whichever has primary jurisdiction (3-JCRF-3B-01).

64.

Written policy specifies fire prevention regulations and practices to ensure
the safety of staff, juveniles, and visitors (3-JCRF-3B-02).

65.

Written policy provides that the specifications for selecting and purchasing
facility furnishings meet fire safety requirements (3-JCRF-3B-03).

66.

Written policy provides that where smoking is permitted, noncombustible
receptacles are available throughout living quarters (3-JCRF-3B-04).

67.

Written policy governs the control and use of all flammable, toxic, and caustic
materials (3-JCRF-3B-05).

68.

The facility has a written evacuation plan for fire or major emergency that is
certified by an independent outside fire safety inspector (3-JCRF-3B-06).

69.

Written policy provides that fire drills are conducted at least monthly (3JCRF-3B-07).

70.

Written emergency plans are disseminated to appropriate local authorities (3JCRF-3B-08).

Rating 1–5:

INS Juvenile Shelter Care Standards Checklist

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

1=in compliance; 2=not in
compliance;

3= exception noted; 4=staff
information; 5=confirmed

C. Facility Operations—Cont. (Part III of JCRF manual)
71.

Written policy provides that all facility personnel are trained in implementing
written emergency plans (3-JCRF-3B-09).

72.

The facility has a fire alarm system and an automatic detection system
approved by the authority having jurisdiction (3-JCRF-3B-10).

73.

For programs providing mass-transport vehicles, written policy requires a
safety inspection, at least annually, by qualified persons (3-JCRF-3B-11).

74.

A written plan provides for continuous facility operation in the event of
employee work stoppage or other job action (3-JCRF-3B-12).

75.

Written policy provides that there is a written set of disciplinary regulations
governing juvenile rule violations (3-JCRF-3C-01).

76.

Written policy provides that all program rules and regulations are posted in
an obvious place or are readily accessible in a handbook (3-JCRF-3C-02).

77.

Written policy ensures that room restriction does not exceed 8 hours without
review and administrative authorization (3-JCRF-3C-11).

78.

Written policy ensures that the reasons for imposing restrictions or
suspending privileges are discussed with the juvenile, who is given a chance to
explain (3-JCRF-3C-12).

79.

Written policy provides that staff make visual and verbal contact with roomrestricted juveniles at least every 30 minutes (3-JCRF-3C-13).

80.

Written policy provides that staff record, date, and sign all instances of room
and facility restriction and privilege suspension (3-JCRF-3C-14).

81.

2

3

4

5

1

2

3

4

5

Written policy ensures a juvenile’s right to court access (3-JCRF-3D-01).

82.

Written policy ensures and assists juvenile access to counsel and their
authorized representatives (3-JCRF-3D-02).

83.

Written policy provides that decisions about program access, work assignments, etc., disregard race, religion, national origin, sex (3-JCRF-3D-03).

84.

Written policy protects juveniles from corporal or other punishment that
humiliates, abuses, or interrupts daily living functions (3-JCRF-3D-04).

85.

Written policy provides for the reporting of all instances of child abuse or
neglect consistent with appropriate state or local laws (3-JCRF-3D-05).

86.

Written policy specifies the personal property that juveniles can keep in their
possession and governs its control and safeguarding (3-JCRF-3D-06).

87.

Written policy provides for a grievance and appeal process (3-JCRF-3D-07).

D. Facility Services (Part IV of JCRF manual)
88.

1

A nutritionist, dietitian, or physician approves the menu and annually

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approves the nutritional value of the food served (3-JCRF-4A-02).
89.
90.

Written policy provides that food service staff plan menus that they largely
follow, giving attention to appearance and palatability (3-JCRF-4A-03).
There is a single menu for staff and juveniles (3-JCRF-4A-04).

91.

Written policy provides for special diets as prescribed by appropriate medical
or dental personnel (3-JCRF-4A-05).

92.

Written policy provides for special diets for juveniles whose religious beliefs
require adherence to religious dietary laws (3-JCRF-4A-06).

93.

Food service staff complies with all sanitation and health codes enacted by
state or local authorities (3-JCRF-4A-07).

94.

Written policy provides for weekly inspections of food service areas, sanitary
food storage, and daily temperature checks (3-JCRF-4A-08).

Rating 1–5:

INS Juvenile Shelter Care Standards Checklist

1=in compliance; 2=not in
compliance;
3= exception noted; 4=staff
information; 5=confirmed

D. Facility Services—Cont. (Part IV of JCRF manual)
95.

Written policy provides that staff members supervise juveniles during meals
(3-JCRF-4A-09).

96.

Written policy requires that at least three meals (of which two are hot) be
served at regular meal times during each 24-hour period, with no more than 14
hours between the evening meal and breakfast (3-JCRF-4A-10).

97.

The facility complies with the sanitation and health codes of the local and/or
state jurisdiction (3-JCRF-4B-02).

98.

Written policy provides for vermin and pest control and trash and garbage
removal (3-JCRF-4B-03).

99.

An independent, outside source has approved the institution’s potable water
source and supply (3-JCRF-4B-04).

100.

Written policy provides that a housekeeping and maintenance plan is in
effect to ensure a clean facility that is in good repair (3-JCRF-4B-05).

101.

Juveniles are given the opportunity to have clean clothing (3-JCRF-4B-06).

102.

The facility provides for the thorough cleaning and disinfecting of juvenile
personal clothing before storage or wear (3-JCRF-4B-07).

103.

Written policy provides for the issue of suitable clean bedding and linen,
including sheets, pillow cases, mattress, and blankets (3-JCRF-4B-08).

104.

Written policy requires the ready availability to juveniles of articles
necessary for proper personal hygiene (3-JCRF-4B-09).

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105.

Written policy provides that the facility has a formal agreement with a
designated health authority to provide health care services (3-JCRF-4C-01).

106.

Written policy provides for access to health care and for a system for
processing complaints regarding health care (3-JCRF-4C-02).

107.

Appropriate state and federal licensure and other requirements/restrictions
apply to providers of health care services to juveniles (3-JCRF-4C-03).

108.

Written policy provides that treatment by nontraditional health care
personnel is performed under authorized order or standing (3-JCRF-4C-04).

109.

Written policy specifies the provision of mental health services to juveniles
(3-JCRF-4C-05).

110.

A suicide prevention/intervention program is reviewed and approved by a
qualified medical or mental health professional (3-JCRF-4C-06).

111.

When facilities do not have full-time, qualified, health personnel, a healthtrained staff member coordinates health services delivery (3-JCRF-4C-07).

112.

Written policy provides that the program’s health care plan adheres to state
and federal rules for storage and distribution of medicines (3-JCRF-4C-08).

113.

Written policy requires medical, dental, and mental health screening by
qualified health care personnel on all juveniles (3-JCRF-4C-09).

114.

Written policy provides for the collection, recording, and review of health
appraisal data to identify each juvenile’s health care needs (3-JCRF-4C-11).

115.

Written policy provides for medical examination of any employee or juvenile
suspected of having a communicable disease (3-JCRF-4C-12).

116.

Dental care is provided to each juvenile under the direction and supervision
of a dentist licensed in the state (3-JCRF-4C-13).

117.

Written policy provides for 24-hour emergency medical, dental, and mental
health care services as outlined in a detailed written plan (3-JCRF-4C-14).

118.

Written policy provides that careworker staff and other personnel are
trained to respond to health emergencies within 4 minutes (3-JCRF-4C-15).

Rating 1–5:

INS Juvenile Shelter Care Standards Checklist

1=in compliance; 2=not in
compliance;
3= exception noted; 4=staff
information; 5=confirmed

D. Facility Services—Cont. (Part IV of JCRF manual)
119.

The facility has authoritatively approved first aid equipment available at all
times (3-JCRF-4C-16).

120.

Written policy provides that persons injured in an incident receive
immediate medical examination and treatment (3-JCRF-4C-17).

121.

Written policy addresses the management of serious and infectious

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diseases (3-JCRF-4C-21).
122.

Written policy specifies approved employee actions with regard to juveniles
diagnosed with HIV (3-JCRF-4C-22).

123.

Written policy prohibits the use of juveniles for medical, pharmaceutical, or
cosmetic experiments (3-JCRF-4C-26).

124.

Written policy provides that juveniles’ parents/guardians are promptly
notified in case of serious illness, surgery, injury, or death (3-JCRF-4C-27).

125.

Juveniles’ health record files contain the required forms and information (3JCRF-4C-28).

126.

For transferred juveniles, summaries or copies of the medical history record
are forwarded to the receiving facility prior to or at arrival (3-JCRF-4C-29).

E. Juvenile Services (Part V of JCRF Manual)
127.

The facility has clearly defined written policies, procedures, and practices
governing admission (3-JCRF-5A-01).

128.

The agency records basic information, as outlined, on each juvenile to be
admitted (3-JCRF-5A-03).

129.

Written policy provides that the facility inform a referring facility as to why a
prospective juvenile is not accepted into the program (3-JCRF-5A-05).

130.

Upon admission, staff discuss with the juvenile program goals, available
services, rules, and possible disciplinary actions (3-JCRF-5A-07).

131.

Written policy provides that the facility not discriminate on the basis of race,
religion, national origin, gender, or disability (3-JCRF-5A-09).

132.

The facility provides or arranges for a variety of services, such as food,
education, counseling, recreation, transportation, etc. (3-JCRF-5A-12).

133.

Written policy provides that new juveniles receive written orientation
materials and/or translations in their own languages (3-JCRF-5A-13).

134.

Where a language or literacy problem can cause misunderstanding of rules
and reg., staff must provide assistance to the juvenile (3-JCRF-5B-08).

135.

Written policy provides that each juvenile is assigned a facility staff member
who meets with and counsels him or her (3-JCRF-5C-02).

136.

Written policy provides that staff members are available to counsel juveniles
at their request, with provision for emergencies (3-JCRF-5C-03).

137.

Written policy provides for coordination and continuity between educational,
vocational, and work programs (3-JCRF-5D-01).

138.

Special education programs are available to meet the needs of special
education students as defined in public law (3-JCRF-5D-02).

139.

Written policy shows compliance with laws pertaining to individual special
education plans before juveniles are placed or removed (3-JCRF-5D-03).

140.

Written policy provides that educational, vocational, work, and treatment

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program credits are accepted by community agencies (3-JCRF-5D-04).
141.

Written policy provides that the use of work does not interfere with
educational and treatment programs (3-JCRF-5D-05).

142.

Written policy provides for indoor and outdoor recreational and leisure time
needs of juveniles (3-JCRF-5E-01).

Rating 1–5:

INS Juvenile Shelter Care Standards Checklist

1=in compliance; 2=not in
compliance;
3= exception noted; 4=staff
information; 5=confirmed

E. Juvenile Services—Cont. (Part V of JCRF manual)
143.

Written policy provides that juveniles have the opportunity to participate in
practices of their religious faiths (3-JCRF-5F-01).

144.

Written policy provides that indigent juveniles receive a specified postage
allowance to maintain community ties (3-JCRF-5G-01).

145.

2

3

Written policy governs juvenile access to publications (3-JCRF-5G-02).

146.

Written policy provides that juveniles’ mail, both incoming and outgoing,
may be opened and inspected for contraband (3-JCRF-5G-03).

147.

Written policy provides for the forwarding of first class letters and packages
after transfer or release (3-JCRF-5G-04).

148.

Written policy provides for juvenile access to a telephone to make and
receive personal calls (3-JCRF-5G-06).

149.

Written policy allows juveniles to receive approved visitors, except where a
threat to juvenile safety or program security is evidenced (3-JCRF-5G-06).

150.

1

Written policy provides for special visits (3-JCRF-5G-07).

151.

Written procedures for releasing juveniles include several verification
processes and other checks (3-JDF-5H-02).

152.

Written policy provides for and governs escorted and unescorted day
leaves into the community (3-JDF-5H-07).

Special Instructions for Supplemental Form G-324b

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

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Service Contract Facility Inspection Checklist
for INS Juvenile Shelter Care Facilities

This packet contains Form G-324a, the “Service Contract Facility
Inspection Report,” which includes instructions for completing the
report, a checklist for inspecting adult facilities, an inspection
certification page, and Supplemental Form G-324b (4/98).
When conducting inspections of juvenile residential shelter
facilities, please replace page 2 of Form G-324a—the checklist
used for inspecting adult facilities—with Supplemental Form G324b. These attached pages comprise the itemized checklist to be
used for evaluating juvenile shelter care facilities.

Minimum Standards for Immigration and Naturalization
Service Juvenile Shelter Care Facilities3
Part I. Administration and Management
Section A: General Administration

Principle: A written body of policy and procedures establishes the facility’s goals, objectives, and standard op
procedures and establishes a system of regular review.

Qualifications

3-JCRF-1A-06 (Ref. 2-6005)
1. Written policy, procedure, and practice provide that the facility and its programs are man
by a single administrative officer.
Comment: None.

3-JCRF-1A-07 (Ref. 2-6052)
2. The qualifications for the position of facility administrator include, at a minimum, a bach
degree in an appropriate discipline and demonstrated administrative ability and leadership
degree requirement may be satisfied by completing a career development program that includes
related experience, training, or college credits at a level of achievement equivalent to the bach
degree.
Comment: Establishing high qualifications ensures that only experienced individuals are recruited
employed. It is the facility’s responsibility to see that potential administrators receive the required educa
Policy and Procedure Manuals

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

3-JCRF-1A-13 (Ref. New)
3. Written policy, procedure, and practice provide that new or revised policies and procedure
disseminated to designated staff and volunteers.
Comment: Dissemination of policies and procedures increases the effectiveness of the fa
communication system.
Channels of Communication

3-JCRF-1A-14 (Ref. New)
4. Written policy, procedure, and practice provide for regular meetings, at least monthly, bet
the administrator and key staff members.
Comment: Regular channels of communication are necessary for delegating authority, ass
responsibility, supervising work, and coordinating efforts.
Firearms

3-JCRF-1A-22 (Ref. 2-6208)
5. Written policy, procedure, and practice provide that firearms are not permitted in the facility
Comment: None.

Section B: Fiscal Management

Principle: A written body of policy and procedures establishes the facility’s fiscal planning, budgeting, and acco
procedures and provides a system of regular review.

Fiscal Control

3-JCRF-1B-02 (Ref. 2-6033)
6. The facility has written fiscal policies and procedures adopted by the governing auth
including, at a minimum, the following: internal controls, petty cash, bonding, signature co
on checks, juvenile funds, and employee expense reimbursements.
Comment: None.
Juvenile Funds

3-JCRF-1B-17 (Ref. New)
7. Written policy, procedure, and practice provide that any financial transactions perm
between juveniles, juveniles and staff, or juveniles and volunteers must be approved b
facility administrator.
Comment: Uncontrolled financial transactions between juveniles and juveniles and staff can foster
activities.

Section C: Personnel

Principle: A written body of policy and procedures establishes the facility’s staffing, recruiting, promotion, benefi
review procedures for employees.

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

Sexual Harassment

3-JCRF-1C-04 (Ref. New)
8. Written policy, procedure, and practice prohibit sexual harassment.
Comment: Facility administrators should have as their objective the creation of a workplace that is free
all forms of discrimination, including sexual harassment. Policy clearly indicates that sexual harass
either explicit or implicit, is strictly prohibited. Employees and agents of the facility, including volun
contractors, and vendors, must be advised that they are subject to disciplinary action, including dism
and termination of contracts and/or services, if found guilty of sexual harassment charges broug
employees or juveniles.
Drug-free Workplace

3-JCRF-1C-05 (Ref. 2-6055-1)
9. There is written policy and procedure that specifies support for a drug-free workplace f
employees. This policy, which is reviewed annually, includes, at a minimum, the following:
 prohibition of the use of illegal drugs;
 prohibition of possession of any illegal drug, except in the performance of official duties;
 procedures to be used to ensure compliance;
 opportunities available for treatment and/or counseling for drug abuse; and
 penalties for violation of the policy.
Comment: None.
Staffing Requirements

3-JCRF-1C-06 (Ref. 2-6041)
10. Written policy, procedure, and practice provide that there are written job descriptions an
qualifications for all positions in the facility. Each job description includes, at a minimum
following: job title, responsibilities of the position, required minimum experience, and education.
Comment: The job description can be a useful tool in evaluating employee performance. It can also p
the employee with clarification of the position’s duties and responsibilities.
Criminal Record Check

3-JCRF-1C-10 (Ref. New)
11. A criminal record check is conducted on all new employees in accordance with state
federal statutes.
Comment: The facility administrator should know of any criminal conviction that could directly affe
employee’s job performance.
Physical Examination

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

3-JCRF-1C-11 (Ref. New)
12. Written policy, procedure, and practice provide that employees who work with juveniles re
a physical examination.
Comment: Staff whose responsibilities include supervision or regular direct contact with juveniles mus
physical examinations to protect their health and ensure that they can carry out their assignments effec
The basic health status of all employees should be evaluated against the specific requirements o
assignments. Physical examination and screening procedures may be established by the appro
medical authority, if there are such applicable laws and regulations.
Confidentiality of Information

3-JCRF-1C-17 (Ref. New)
13. Written policy, procedure, and practice provide that employees, consultants, and co
personnel who work with juveniles are informed in writing about the facility’s policie
confidentiality of information and agree in writing to abide by them.
Comment: The written policies should specify what types of information are confidential between worke
juvenile, what types may be shared with other facility personnel, and what types can be communica
persons outside the facility.

Section D: Training and Staff Development

Principle: A written body of policy and procedure establishes the facility’s training and staff development programs, in
training requirements for all categories of personnel.

Orientation/Training

3-JCRF-1D-03 (Ref. 2-6057)
14. The facility provides initial orientation for all new employees during their first we
employment. This orientation/training includes, at a minimum, the following: a historical perspec
the facility, facility goals and objectives, program rules and regulations, job responsibilities, pers
policies, juvenile supervision, and report preparation. The employee signs and dates a state
indicating that orientation has been received.
Comment: Supervisory personnel should provide orientation for all newly employed personnel to fami
them with facility policies and procedures.
Training Resources

3-JCRF-1D-05 (Ref. 2-6059)
15. Written policy, procedure, and practice provide that all training programs are presente
persons who are qualified in the areas in which they conduct training.
Comment: None.
Administrative Staff

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3-JCRF-1D-09 (Ref. 2-6063)
16. Written policy, procedure, and practice provide that all administrative, managerial
professional specialist staff receive 40 hours of training in addition to orientation training d
the first year of employment and 40 hours of training each year thereafter. At a minimum
training covers the following areas: general management, labor law, employee-management rela
the juvenile justice system, and relationships with other service agencies.
Comment: None.

Juvenile Careworkers

3-JCRF-1D-10 (Ref. 2-6062)
17. Written policy, procedure, and practice provide that all juvenile careworkers receiv
additional 120 hours of training during their first year of employment and 40 hours of tra
each subsequent year. At a minimum, this training covers the following areas:

 signs of child abuse;
 security procedures;
 supervision of juveniles;
 signs of suicide risks;
 suicide precautions;
 use-of-force regulations and restraint techniques;
 report writing;
 juvenile rules and regulations;
 rights and responsibilities of juveniles;
 fire and emergency procedures;
 safety procedures;
 key control;
 interpersonal relations;
 social/cultural lifestyles of the juvenile population;
 communication skills;
 first aid/cardiopulmonary resuscitation (CPR);
 counseling techniques;
 crisis intervention;
 legal issues; and
 sexual harassment.
Comment: Since the duties of juvenile careworkers frequently involve most facility operations, their tr
should be comprehensive. Ongoing training during subsequent years of employment enables employe
sharpen skills and keep abreast of changes in operational procedures.
Support Staff

3-JCRF-1D-11 (Ref. 2-6063-1)
18. Written policy, procedure, and practice provide that all support employees who have regu
daily contact with juveniles receive 40 hours of training, in addition to orientation training, d

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their first year of employment and 40 hours of training each year thereafter.
Comment: Food service employees, industrial supervisors, and other support personnel whose work re
day-to-day contact with juveniles should receive basic training in juvenile supervision and security, as w
specialized training in their field as it relates to the facility setting. These individuals should be familia
the policies and procedures of the facility, along with the basic rules of juvenile supervision and se
Ongoing training during subsequent years of employment enables employees to sharpen skills and
abreast of changes in operational procedures.
Part-time Staff and Volunteers

3-JCRF-1D-13 (Ref. 2-6063-3)
19. All part-time staff, volunteers, and contract personnel receive formal orientation appropri
their assignments and additional training as needed.
Comment: Part-time staff should receive orientation to facility rules and security and operational proced

Section E: Juvenile Records

Principle: A written body of policy and procedures establishes the facility’s management of case records, including se
right of access, and release of information.

Juvenile Records

3-JCRF-1E-01 (Ref. 2-6076)
20. Written policy, procedure, and practice govern case record management, including,
minimum, the following areas: the establishment, use, and content of juvenile records; rig
privacy; secure placement and preservation of records; and schedule for retiring or destr
inactive records. The policies and procedures are reviewed annually.
Comment: An orderly and timely system for recording, maintaining, and using data about juveniles incr
the efficiency and effectiveness of program and service delivery and the transfer of information to the
and release authorities. The policy should cover juveniles’ access to their files.
According to the Flores Agreement, Minimum Standards for Licensed Programs (Exhibit 1-F
program maintains adequate records and makes regular reports as required by the INS that permit th
to monitor and enforce this order and other requirements and standards, as determined to be
juveniles’ best interests.

3-JCRF-1E-02 (Ref. 2-6077)
21. Written policy, procedure, and practice provide that a record is maintained for each juv
and includes, at a minimum, the following information:






initial intake information form;
case information from referral source, if available;
case history/social history;
medical record, when available;
individual plan or program;

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




signed release of information forms;
evaluation and progress reports;
current employment data;
program rules and disciplinary policy, signed by juvenile;

Go to the Next Pa

 documented legal authority to accept juvenile;
 grievance and disciplinary record;
 referrals to other agencies; and
 final discharge report.
Comment: The record is a composite report including background information, ongoing progress report
current information. Any staff member should be able to obtain clear and concise knowledge abo
juvenile and his or her progress through the facility record.

3-JCRF-1E-03 (Ref. 2-6080)
22. Written policy, procedure, and practice provide for the auditing of juvenile records at
monthly.
Comment: All records must be reviewed on a regular basis by staff to ensure that appropriate and acc
material is being entered. Policy must designate the persons who may have access to these records.

3-JCRF-1E-05 (Ref. 2-6079)
23. Written policy, procedure, and practice provide that appropriate safeguards exist to min
the possibility of theft, loss, or destruction of records.
Comment: All records should be maintained in a secure location, preferably in an office area that ha
hour staff coverage. Theft, loss, or destruction of records represents a potentially serious setback
program and often to the juvenile.

Transfer of Records

3-JCRF-1E-06 (Ref. New)
24. Written policy, procedure, and practice provide that an updated case file for any juv
transferred from one facility to another is transferred simultaneously or, at the latest, with
hours.
Comment: Continuity of programming for juveniles transferred from other facilities requires that staff ha
benefit of a complete, cumulative case record as soon as possible.

Confidentiality

3-JCRF-1E-07 (Ref. 2-6081)
25. Written policy, procedure, and practice provide that records are safeguarded
unauthorized and improper disclosure. Manual records are marked “confidential.” Written polic
procedure provide that when any part of the information system is computerized, security en

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confidentiality.
Comment: A juvenile’s constitutional right to privacy can be violated if records are improperly dissemi
The facility should establish procedures to limit access to records to persons and public agencies that
both a “need to know” and a “right to know” and can demonstrate that access to such informat
necessary for juvenile justice purposes. Written guidelines should regulate juvenile access to records.

Juvenile Participation

3-JCRF-1F-09 (Ref. New)
26. Written policy, procedure, and practice govern the voluntary participation of juvenil
nonmedical, nonpharmaceutical, and noncosmetic research programs.
Comment: None.

Section G: Citizen Involvement and Volunteers

Principle: A written body of policy and procedure establishes the screening, training, and operating procedures for a
involvement and volunteer program.

Program Coordination

3-JCRF-1G-01 (Ref. 2-6212)
27. There is a staff member who is responsible for the supervision of a citizen involvemen
volunteer service program for the benefit of juveniles.
Comment: A citizen involvement and volunteer service program can generate a wide variety of servic
juveniles during confinement and after releaseCfor example, information on referrals to release pro
and recreational and cultural activities in the community. The staff member responsible for the program
be full-time or part-time, and the positions may be filled by volunteer or contract personnel. The respo
person should have or receive appropriate training.

Screening and Selection

3-JCRF-1G-05 (Ref. New)
28. Volunteers agree in writing to abide by facility policies, particularly those relating t
security and confidentiality of information.
Comment: Confidentiality of records and of other privileged information is critical. The facility should de
written policies and procedures specifying that volunteers respect all facility policies.

Orientation and Training

3-JCRF-1G-07 (Ref. New)
29. Written policy, procedure, and practice provide that each volunteer completes an approp

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documented orientation and/or training program prior to assignment.
Comment: None.

Offer of Professional Services

3-JCRF-1G-08 (Ref. 2-6213)
30. Written policy specifies that volunteers may perform professional services only when the
certified or licensed to do so.
Comment: None.

Part II. Physical Plant
Section A: Building and Safety Codes

Principle: Compliance with professional zoning, building, and fire safety codes helps to ensure the safety of all p
within the facility.

Building Codes

3-JCRF-2A-01 (Ref. 2-6086)
Mandatory
31. The facility conforms to all applicable state and local building codes.
Comment: Often a state or local jurisdiction will license a residential facility, thereby indicating its comp
with all building codes. In those cases when a license is not issued, letters or certificates of complianc
acceptable. If the facility is not subject to local (city and/or county) building codes, state codes will be a
to the facility.

Fire Safety Codes

3-JCRF-2A-03 (Ref. 2-6118)
Mandatory
32. Exits in the facility are in compliance with state or local fire authorities or the authority h
jurisdiction.
Comment: Battery-operated electric lights, portable lamps, or lanterns should be used for primary illumi
of exits. Electric battery-operated lighting may be used as an emergency source where normal lightin
failed, as defined by the current edition of the National Fire Protection Association’s Life Safety Code.

Section B: Size, Location, and Organization

Principle: The facility size and design encourage flexibility, creativity, and innovation in meeting the concerns for e
programming, safety, and quality of life.

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Rated Capacity

3-JCRF-2B-03 (Ref. New)
33. The number of juveniles does not exceed the facility’s rated bed capacity.
Comment: Rated bed capacity is considered to be the original design, plus or minus capacity ch
resulting from building additions, reductions, or revisions.

Section C: Juvenile Housing
Principle: Juvenile housing areas are the foundation of facility living and must promote the safety and well-being
juveniles and staff. The facility must approximate regular home and living conditions in its appearance.

Sleeping Areas
3-JCRF-2C-01 (Ref. New)
34. Each sleeping room has, at a minimum, the following:







some degree of privacy for the juvenile;
35 square feet of unencumbered space per occupantCsleeping area partitions are required if
than four people are in one sleeping area;
access to toilets and a wash basin with hot and cold running water 24 hours a day;
a bed, mattress, pillow, desk, chair or stool, and adequate storage space;
natural light; and
temperatures that are appropriate to summer and winter comfort zones.

“Unencumbered space” is usable space that is not encumbered by furnishings or fixtures. At leas
dimension of the unencumbered space is no less than 7 feet. All fixtures must be in operational pos
Comment: Natural lighting should be available either by room windows to the exterior or from a source
20 feet of the room. The bed should be elevated from the floor and have a clean, covered mattres
blankets, as needed.
According to the Flores Agreement (Exhibit 1-A.12), a reasonable right to privacy includes the righ
juvenile to (a) wear his or her own clothes, when available; (b) retain a private space in the residential fa
group, or foster home for the storage of personal belongings; (c) talk privately on the phone, as permit
house rules and regulations; (d) visit privately with guests, as permitted by the house rules and regula
and (e) receive and send uncensored mail unless there is a reasonable belief that the mail co
contraband.

Dayrooms
3-JCRF-2C-02 (Ref. New)
35. Living rooms with space for varied activities are available.
Comment: None.

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Furnishings

3-JCRF-2C-03 (Ref. 2-6097)
36. Written policy, procedure, and practice provide that the facility permits juveniles to dec
their living and sleeping quarters with personal possessions. Regulations concerning the rule
available to all juveniles and staff. The rules are reviewed annually and revised, if indicated.
Comment: None.

Toilets

3-JCRF-2C-04 (Ref. 2-6092)
37. The facility has, at a minimum, one operable toilet for every eight juveniles. Urinals m
substituted for up to one-half of the toilets in all-male facilities.
Comment: None.

Showers

3-JCRF-2C-05 (Ref. 2-6094)
38. The facility has, at a minimum, one operable shower or bathing facility with hot and
running water for every eight juveniles. Water temperatures are thermostatically controlled.
Comment: None.

Wash Basins

3-JCRF-2C-06 (Ref. 2-6093)
39. The facility has, at a minimum, one operable wash basin with hot and cold running wat
every eight juveniles.
Comment: None.

Housing for Disabled Juveniles

3-JCRF-2C-08 (Ref. New)
40. Written policy, procedure, and practice provide that juveniles with disabilities are house
manner that provides for their safety and security. Appropriate facility programs and activitie
accessible to disabled juveniles in the facility according to applicable law.
Comment: Disabled juveniles should not be isolated because of their conditions.

Section D: Environmental Conditions

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Principle: Environmental conditions significantly influence the overall effectiveness of facility operations. Standa
lighting, air quality, temperature, and noise levels are designed to preserve the health and well-being of juveniles an
members.

Housing Area

3-JCRF-2D-01 (Ref. 2-6089)
41. Written policy, procedure, and practice provide that all sleeping quarters in the facility are
lighted and properly ventilated. Natural lighting should be provided wherever possible. Documen
shall be provided by an independent, qualified source that lighting is at least 20 footcandles at desk
and air circulation is at least 15 cubic feet of outside or recirculated filtered air per minute per perso
Comment: The facility should maintain strict adherence to local health codes requiring proper lightin
ventilation.

Heating and Cooling

3-JCRF-2D-02 (Ref. New)
42. Temperatures in indoor living and work areas are appropriate to summer and winter co
zones.
Comment: Temperature and humidity should be capable of being mechanically raised or lowered
acceptable comfort level in keeping with the general community standards.

Section E: Program and Service Areas

Principle: Adequate space must be provided for the various program and service functions conducted within the facilit
Spatial requirements are best determined by careful assessment of how, when, and how many juveniles use a specific

Program Area

3-JCRF-2E-01 (Ref. 2-6099)
43.

Adequate space and furnishings to accommodate activities, such as group meetings of the juvenil
are provided in the facility.

Comment: A room(s) of sufficient size to accommodate group meetings is a necessity. The room(s) should be

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

pleasantly and comfortably furnished.

3-JCRF-2E-02 (Ref. 2-6098)
44.

Adequate private counseling space is provided in the facility.

Comment: Each facility must have adequately furnished space available to conduct private interviews and
counseling sessions.

Visiting

3-JCRF-2E-03 (Ref. 2-6100)
45.

Written policy, procedure, and practice provide for adequate and appropriate areas for visitation
for recreation programs.

Comment: An important part of the residential program is providing for relatives and friends to visit the juven
at the facility.

Dining

3-JCRF-2E-04 (Ref. New)
46.

Adequate dining space is provided for juveniles.

Comment: None.

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Food Service

3-JCRF-2E-05 (Ref. 2-6128)
47.

When the facility has a kitchen, the kitchen, dining, and food storage areas are properly ventilate
properly furnished, and clean.

Comment: None.

Housekeeping

3-JCRF-2E-07 (Ref. New)
48.

Adequate space is provided for janitorial supplies, which is accessible to the living and activity ar

Comment: None.

Clothing and Supplies

3-JCRF-2E-08 (Ref. New)
49.

Space is provided in the facility to store and issue clothing, bedding, cleaning supplies, and other
required for daily operations.

Comment: None.

Personal Property

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3-JCRF-2E-09 (Ref. New)
50.

Adequate space is provided for storing the personal property of juveniles.

Comment: None.

Section G: Safety/Security

Principle: The physical plant supports the safe and secure operation of the facility.

Juvenile Safety

3-JCRF-2G-01 (Ref. New)
51.

The facility is controlled by appropriate means to provide that juveniles remain safely within the
facility and to prevent access by the general public without proper authorization.

Comment: The means chosen to ensure controlled access should reflect the facility’s needs based on its size a
the degree of security required.

Part III. Facility Operations
Section A: Supervision

Principle: The facility uses a combination of supervision, inspection, accountability, and policies and procedures to pro

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

safe and orderly operations.

Use of Force

3-JCRF-3A-02 (Ref. 2-6194)
Mandatory
52.

Written policy, procedure, and practice limit the use of physical force to instances of self-protecti
protection of the juvenile or others, prevention of property damage, and prevention of escape, and
in accordance with appropriate statutory authority. In no event is physical force justifiable as punish
A written report is prepared following all uses of force and is submitted to the facility administrator.

Comment: It is important that records of all use-of-force instances are maintained.

Juvenile Careworkers

3-JCRF-3A-03 (Ref. 2-6167)
53.

Written policy, procedure, and practice provide that there is at least one staff person on the prem
24 hours a day who is readily available and responsive to juvenile needs.

Comment: None.

3-JCRF-3A-04 (Ref. 2-6166)
54.

Written policy, procedure, and practice provide that the staffing pattern concentrates staff when
juveniles are in the facility.

Comment: Many juveniles who work or attend school during the day are in the facility during the late afterno

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and evening. A large number of staff should be available during those hours.

3-JCRF-3A-05 (Ref. 2-6193)
55.

Written policy, procedure, and practice provide that no juvenile or group of juveniles is in a posi
of control or authority over other juveniles.

Comment: Under no circumstances should juveniles be used or allowed to control others. There are instances
a supervised system of advanced responsibilities for juveniles may be used.

Permanent Log

3-JCRF-3A-06 (Ref. New)
56.

Written policy, procedure, and practice require that juvenile careworker staff maintain a perma
log and prepare shift reports that record routine information, emergency situations, and unusual
incidents that occur in the facility.

Comment: Adequate supervision of juveniles requires an accurate written reporting system.

Accountability

3-JCRF-3A-08 (Ref. 2-6206)
57.

Written policy, procedure, and practice provide for the detection and reporting of absconders.

Comment: Because program participants frequently are persons legally in a custody status, any unauthorized
absence or absconding should be considered an absence without leave. The procedure should specify prompt
determination of the juvenile’s absence and timely notification to the facility with jurisdiction over the juveni

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Juvenile Movement

3-JCRF-3A-09 (Ref. 2-6205)
58.

Written policy, procedure, and practice provide that staff monitor the movement of juveniles int
out of the facility.

Comment: The monitoring of juveniles’ movement, particularly during the evening and night hours, serves as
protection for juveniles, staff, and the public. Therefore, periodic scrutiny of movement into and out of the fa
is necessary.

Sleeping Rooms

3-JCRF-3A-10 (Ref. 2-6103)
59.

Written policy, procedure, and practice provide that juveniles and adults do not share sleeping
rooms.

Comment: No children over the age of one, including those of group home parents, should share a sleeping ro
with an adult. In emergencies, such as sickness or severe emotional disturbance, the program director may
authorize exceptions.

3-JCRF-3A-11 (Ref. 2-6102)
60.

Written policy, procedure, and practice provide that male and female juveniles do not occupy the
same sleeping rooms.

Comment: None.

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Control of Contraband

3-JCRF-3A-12 (Ref. 2-6204)
61.

Written policy, procedure, and practice provide for searches to control contraband and its dispo
at a level commensurate with security needs. This policy is made available to staff and juveniles. Polic
procedure are reviewed at least annually and updated, if necessary. Body cavity searches are not allowed
the facility.

Comment: The facility’s search plans and procedures may include unannounced and irregularly timed search
rooms and juveniles.

Tools, Equipment, and Keys

3-JCRF-3A-13 (Ref. New)
62.

Written policy, procedure, and practice govern the control and use of tools, equipment, and keys

Comment: Tools and utensils should be used in accordance with a prescribed system.

Section B: Safety and Emergency Procedures

Principle: The facility adheres to all applicable safety and fire codes and has the necessary equipment and procedures
place in the event of a major emergency.

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Fire Safety

3-JCRF-3B-01 (Ref. 2-6111)
Mandatory
63.

The facility complies with the regulations of the state or local fire safety authority, whichever has
primary jurisdiction over the facility.

Comment: Local and state fire codes must be strictly followed to ensure the safety of juveniles and staff. Rep
of periodic inspections and actions taken should be maintained.

3-JCRF-3B-02 (Ref. 2-6112)
Mandatory
64.

Written policy, procedure, and practice specify fire prevention regulations and practices to ensur
safety of staff, juveniles, and visitors. These include but are not limited to the following:



provision for an adequate fire protection service;



a system of fire inspections and testing of equipment at least quarterly;



an annual inspection by local or state fire officials or other qualified person(s); and



availability of fire protection equipment at appropriate locations throughout the facility.

Comment: Facility personnel should plan and execute all reasonable procedures for the prevention and promp
control of fire to ensure the safety of all staff, juveniles, and visitors.

Flammable, Toxic, and Caustic Materials

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3-JCRF-3B-03 (Ref. New)
Mandatory

Written policy, procedure, and practice provide that the specifications for the selection and purc
of facility furnishings meet fire safety performance requirements.

65.

Comment: Furnishings, mattresses, cushions, or other items of foamed plastics or rubber (e.g., polyurethane,
polystyrene) can pose a severe hazard due to high smoke production, rapid burning once ignited, and high he
release. Such materials should receive careful fire safety evaluation before purchase or use, with consideratio
given to the product’s flammability and toxicity characteristics. Facility furnishings include draperies, curtain
furniture, wastebaskets, decorations, and similar materials that can burn. Furnishings apply to all living quart
The standard requires that specifications be known, if available, at the time of selection.

JCRF-3B-04 (Ref. New)
Mandatory
66.

Written policy, procedure, and practice provide that where smoking is permitted, noncombustib
receptacles for smoking materials and separate containers for other combustible refuse are accessi
locations throughout living quarters. Special containers are provided for flammable liquids and for rag
used with flammable liquids. All receptacles and containers are emptied and cleaned daily.

Comment: None.

3-JCRF-3B-05 (Ref. New)
Mandatory
67.

Written policy, procedure, and practice govern the control and use of all flammable, toxic, and c
materials.

Comment: None.

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

Emergency Plans

3-JCRF-3B-06 (Ref. 2-6116)
Mandatory

The facility has a written evacuation plan prepared in the event of a fire or major emergency tha
certified by an independent, outside inspector trained in the application of national fire safety code
The plan is reviewed annually, updated if necessary, and reissued to the local fire jurisdiction. The plan
includes the following:

68.



location of building/room floor plan;



use of exit signs and directional arrows for traffic flow;



location of publicly posted plan; and



monthly drills in all facility locations.

Comment: The evacuation plan should also specify routes of evacuation, subsequent disposition and tempora
housing of juveniles, and provision for medical care or hospital transportation for injured juveniles and/or sta
Fire drills should include evacuation of all juveniles. Actual evacuation during drills is not required, although
supervising such juveniles should be required to perform their roles.

Fire Drills

3-JCRF-3B-07 (Ref. New)
Mandatory
69.

Written policy, procedure, and practice provide that fire drills are conducted at least monthly.

Comment: None.

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3-JCRF-3B-08 (Ref. 2-6114)
Mandatory
70.

Written emergency plans are disseminated to appropriate local authorities. Directions to and loca
of exits, fire extinguishers, first aid equipment, and other emergency equipment are posted in the facility

Comment: Dissemination of these plans to local authorities, such as law enforcement, fire department, state p
civil defense, etc., will keep them informed of their roles in the event of an emergency. The emergency plans
should be posted conspicuously and be readily available to juveniles and employees to assist them in an
emergency, yet attached so as to prevent removal. The emergency plan should include directions to and locat
exits, fire extinguishers, first aid equipment, and other emergency equipment or supplies.

3-JCRF-3B-09 (Ref. 2-6115)
Mandatory
71.

Written policy, procedure, and practice provide that all facility personnel are trained in the
implementation of written emergency plans.

Comment: Since the staff must be able to properly execute the plans, a review of the emergency plans should
essential element of personnel orientation and in-service training.

Fire Alarm System

3-JCRF-3B-10 (Ref. 2-6117)
Mandatory
72.

The facility has a fire alarm system and an automatic detection system that is approved by the
authority having jurisdiction. All system elements are tested on a quarterly basis; adequacy and operat

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the systems are approved by a state fire official or other qualified authority annually.

Comment: Fire and/or smoke identification at the earliest possible moment is critical to fire control and fire
fighting, as well as to the evacuation of staff and juveniles to preclude smoke inhalation and preserve life and
health.

Safety Inspections

3-JCRF-3B-11 (Ref. New)
Mandatory
73.

For those programs providing mass-transport vehicles, written policy, procedure, and practice
require, at a minimum, an annual safety inspection by qualified individuals. Documentation of imm
completion of safety repairs shall be on file.

Comment: Bus transportation, whether program-owned, contracted, or local school board operated, must be s
maintained for juvenile, staff, and public safety. Bus inspections may be certified by the local school board
transportation department, city/county or state inspection programs, or by a qualified bus mechanic using a
checklist of safety features including but not limited to brakes, steering, tires, mirrors, emergency doors, etc.

Threats to Security

3-JCRF-3B-12 (Ref. 2-6119)
74.

There is a written plan that provides for continuous facility operation in the event of employee w
stoppage or other job action. Copies of this plan are available to all supervisory personnel who are requ
to familiarize themselves with its contents.

Comment: In the event of mass sick calls, slow-downs, and related acts, a plan should be established that is k
to all supervisory personnel and includes necessary coverage of facility posts, procedures for personnel repor
to work, and access to the workplace if there is a picket line.

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

Section C: Rules and Discipline

Principle: The facility’s rules of conduct and sanctions and procedures for violations are defined in writing and
communicated to all juveniles and staff. Disciplinary procedures are carried out promptly and with respect for the juven

Rules of Conduct

3-JCRF-3C-01 (Ref. New)
75.

Written policy, procedure, and practice provide that there is a written set of disciplinary regulati
governing juvenile rule violations. These are reviewed annually and updated, if necessary.

Comment: According to the Flores Agreement (Exhibit 1-C), program rules and discipline standards should
consider the range of ages and maturity in the program, and are culturally sensitive to the needs of alien mino

3-JCRF-3C-02 (Ref. 2-6172)
76.

Written policy, procedure, and practice provide that all program rules and regulations pertainin
juveniles are conspicuously posted in the facility or included in a handbook that is accessible to all
juveniles and staff. When a literacy or communication problem exists, a staff member assists the juveni
understanding the materials.

Comment: None.

Hearing Decisions

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3-JCRF-3C-11 (Ref. 2-6197)
77.

Written policy, procedure, and practice ensure that room restriction does not exceed 8 hours wit
review and administrative authorization. It is used only when the juvenile is dangerous to himself/her
others.

Comment: Occasionally, a juvenile may lose control and require restriction. During the restriction, the juveni
may be denied certain privileges; however, in no instance may regular meals, clothing, sleep, health care, reli
needs, and/or staff assistance be denied.

Basis for Decisions

3-JCRF-3C-12 (Ref. 2-6198)
78.

Written policy, procedure, and practice ensure that before facility restriction or privilege suspen
the reason(s) for the restriction is discussed, and the juvenile has the opportunity to explain the
behavior.

Comment: None.

3-JCRF-3C-13 (Ref. 2-6199)
79.

Written policy, procedure, and practice provide that during room restriction, visual and verbal
contact by staff is made with the juvenile at least every 30 minutes. This contact is recorded and retai
by staff. The juvenile assists in determining the end of the restriction period.

Comment: During the period of restriction, a staff person should interact with the juvenile in an effort to solv
problems and to determine a release time.

3-JCRF-3C-14 (Ref. 2-6202)
80.

Written policy, procedure, and practice provide that all instances of room restriction, privilege

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

suspension, and facility restriction are recorded, dated, and signed by staff. The record is reviewed a
signed by a supervisory staff member daily.
Comment: This will assist in ensuring the consistent and proper application of discipline procedures.

Section D: Juvenile Rights

Principle: The facility protects the safety and constitutional rights of juveniles and seeks a balance between expression
individual rights and preservation of order.

Access to Courts

3-JCRF-3D-01 (Ref. New)
81.

Written policy, procedure, and practice ensure the right of juveniles to have access to courts.

Comment: None.

Access to Counsel

3-JCRF-3D-02 (Ref. New)
82.

Written policy, procedure, and practice ensure and facilitate juvenile access to counsel and assist
juveniles in making confidential contact with attorneys and their authorized representatives. Such
contact includes but is not limited to telephone communications, uncensored correspondence, and visits.

Comment: According to the Flores Agreement (Exhibit 1-A.14), the program provides legal services informa
regarding the availability of free legal assistance, the right to be represented by counsel at no expense to the

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

government, the right to a deportation or exclusion hearing before an immigration judge, and the right to app
political asylum or to request voluntary departure in lieu of deportation. This information must be maintained
the facility. If the facility does not have this information, the INS must provide it.

Access to Programs and Services

3-JCRF-3D-03 (Ref. New)
83.

Written policy, procedure, and practice provide that program access, work assignments, and
administrative decisions are made without regard to juveniles’ race, religion, national origin, or se

Comment: Juveniles should be ensured equal opportunities to participate in all programs.

Protection from Harm

3-JCRF-3D-04 (Ref. 2-6196)

84.

Written policy, procedure, and practice provide that juveniles are not subjected to corporal or
unusual punishment, humiliation, mental abuse, or punitive interference with the daily functions o
living, such as eating or sleeping.

Comment: Any sanctions that may adversely affect a juvenile’s health or physical or psychological well-bein
expressly prohibited. Corporal punishment or psychological intimidation should never be practiced.

The Flores Agreement (Exhibit 1-C) stipulates that juveniles will not be denied regular meals, sufficient s
exercise, medical care, correspondence privileges, or legal assistance.

3-JCRF-3D-05 (Ref. New)
85.

Written policy, procedure, and practice provide for the reporting of all instances of child abuse a

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

neglect consistent with appropriate state laws or local laws.
Comment: Whenever a juvenile reports or staff observe indicators of child abuse and/or neglect, there are
procedures for juvenile care and investigation of the allegation. Where appropriate, interagency agreements
pursuant to child abuse should be implemented.

Personal Property

3-JCRF-3D-06 (Ref. New)
86.

Written policy, procedure, and practice specify the personal property juveniles can retain in thei
possession and govern the control and safeguarding of such property. Personal property retained in t
facility is itemized in a written list that is kept in a permanent file; the juvenile receives a copy listing the
property retained for storage.

Comment: Personal property should be accurately inventoried and securely stored.

Grievance Procedures

3-JCRF-3D-07 (Ref. 2-6173)
87.

Written policy, procedure, and practice provide for a grievance and appeal process. The grievanc
transmitted without alteration, interference, or delay to the party responsible for its receipt and investigat
A written report as to the final disposition of the grievance should be prepared and filed.

Comment: Juveniles should have the opportunity to express themselves regarding problems they are having w
the program without being subjected to any adverse action. The appeal process should be independent of the
specific program activity that is the subject of the grievance, and should have various levels of appeal.

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

Part IV. Facility Services
Section A: Food Service

Principle: Meals are nutritionally balanced, well-planned, and prepared and served in a manner that meets established
governmental health and safety codes.

Dietary Allowances

3-JCRF-4A-02 (Ref. 2-6120)
Mandatory

88. A nutritionist, dietitian, or physician approves the menu and annually approves the nutritional valu
the food served.
Comment: None.

3-JCRF-4A-03 (Ref. 2-6122)

89. Written policy, procedure, and practice provide that food service staff develop advanced, planned m
and substantially follow the schedule in the planning and preparation of all meals, food flavor, text
and temperature. Appearance and palatability are taken into consideration.

Comment: All menus, including special diets, should be planned, dated, and available for review at least one
in advance. Notations should be made of any substitutions in the meals actually served, and these should be o
equal nutritional value.

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

Menu Planning

3-JCRF-4A-04 (Ref. 2-6123)
90.

There is a single menu for staff and juveniles.

Comment: None.

Special Diets

3-JCRF-4A-05 (Ref. 2-6125)
Mandatory
91.

Written policy, procedure, and practice provide for special diets as prescribed by appropriate m
or dental personnel.

Comment: Therapeutic diets should be available upon medical or dental authorization. Specific diets should b
prepared and served to juveniles according to the orders of the treating physician or dentist, or as directed by
responsible health authority official. Medical or dental diet prescriptions should be specific and complete,
furnished in writing to the food service manager, and rewritten monthly. Special diets should be kept as simp
possible and should conform as closely as possible to the foods served other juveniles.

3-JCRF-4A-06 (Ref. 2-6126)
92.

Written policy, procedure, and practice provide for special diets for juveniles whose religious bel
require adherence to religious dietary laws.

Comment: Religious diet prescriptions should be specific and complete, furnished in writing to the food servi
manager, and rewritten monthly. Special diets should be kept as simple as possible and should conform as clo
as possible to the foods served to other juveniles.

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

Health and Safety Regulations

3-JCRF-4A-07 (Ref. 2-6121)
Mandatory
93.

Food service staff complies with all sanitation and health codes enacted by state or local authorit

Comment: All sanitation codes are to be strictly followed to ensure the health and welfare of the juveniles. Lo
state health regulations usually require some type of medical examination and certification for people prepari
food.

Inspections

3-JCRF-4A-08 (Ref. New)
94.

Written policy, procedure, and practice provide for the following:



weekly inspection of all food service areas, including dining and food preparation areas and equipme



sanitary, temperature-controlled storage facilities for all foods; and



daily checks of refrigerator and water temperatures.

Comment: Appropriate space and equipment should be available for the proper storage and refrigeration of fo
supplies. Dry food supplies are stored in a clean, dry, ventilated room not subject to wastewater backflow or
contamination. The American Dietary Association recommends storage temperatures for freezers to be !10° t
Fahrenheit and refrigerated storage at 32° to 36° Fahrenheit. However, the requirements may differ under cer
conditions. When the requirements vary from the above, laws and/or regulations of the health authority havin
jurisdiction prevail.

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

Meal Service

3-JCRF-4A-09 (Ref. New)
95.

Written policy, procedure, and practice provide that staff members supervise juveniles during m

Comment: The practice of having staff members present during meals contributes to a more orderly experien
the dining area and enhances the relationship between the staff and the population. The practice also minimiz
food waste, careless serving, and abuse of a juvenile by another juvenile. It also permits observation and repo
of unusual eating habits of individual juveniles, such as rejection or overeating. The degree and level of
supervision may vary based on differential programs.

3-JCRF-4A-10 (Ref. New)
96.

Written policy, procedure, and practice require that at least three meals, of which two are hot m
are provided at regular meal times during each 24-hour period, with no more than 14 hours betwe
the evening meal and breakfast. Provided basic nutritional goals are met, variations may be allowed ba
on weekend and holiday food service demands.

Comment: When juveniles are not routinely absent from the institution for work or other purposes, at least th
meals should be provided at regular times during each 24-hour period.

Section B: Sanitation and Hygiene

Principle: The facility’s sanitation and hygiene program complies with applicable regulations and standards of good pr
to protect the health and safety of juveniles and staff.

Sanitation Inspections

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3-JCRF-4B-02 (Ref. 2-6105)
Mandatory
97.

The facility complies with the sanitation and health codes of the local and/or state jurisdiction.

Comment: Compliance with sanitation and health codes is vital for the safety and well-being of the juveniles.
Written reports of inspections by state or local authorities should be kept on file as assurance of continuing
compliance with these codes. In the event that no local city and/or county codes apply, state codes will preva
neither local nor state codes apply, appropriate national codes should be applied to the facility. If applicable,
OSHA (Office of Safety and Health Administration) standards can be applied.

3-JCRF-4B-03 (Ref. 2-6109)
Mandatory
98.

Written policy, procedure, and practice provide for vermin and pest control and trash and garba
removal.

Comment: None.

Water Supply

3-JCRF-4B-04 (Ref. New)
Mandatory
99.

The facility’s potable water source and supply, whether self-owned or operated by the public wat
department, is approved by an independent, outside source to be in compliance with jurisdictional
and regulations.

Comment: Safe drinking water is basic to human health and should be provided in any facility operation.

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

Housekeeping

3-JCRF-4B-05 (Ref. 2-6087)
100.

Written policy, procedure, and practice provide that a housekeeping and maintenance plan is in
effect to ensure that the facility is clean and in good repair. Specific duties and responsibilities should
assigned to staff and juveniles.

Comment: Dirt or disrepair, such as large cracks in the plaster, holes in walls and ceilings, chipped and peelin
paint, broken windows, or worn carpeting are not acceptable in any facility designated for community living.

Clothing and Bedding Supplies

3-JCRF-4B-06 (Ref. New)
101.

Juveniles are provided the opportunity to have clean clothing. The facility may provide this in sev
ways, including access to self-serve washer facilities, central clothing exchange, or a combination of the
Wash basins in rooms are not sufficient to meet the standard.

Comment: None.

3-JCRF-4B-07 (Ref. New)
102.

The facility provides for the thorough cleaning and, when necessary, disinfecting of juvenile per
clothing before being stored or before allowing the juvenile to keep and wear personal clothing.

Comment: Juvenile personal clothing should be cleaned and disinfected to prevent odors and pests and should
stored outside of the juvenile housing area.

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

3-JCRF-4B-08 (Ref. 2-6107)
103.

Written policy, procedure, and practice provide for the issue of suitable clean bedding and linen
including two sheets, pillow and pillowcase, one mattress, and sufficient blankets to provide comfo
under existing temperature controls. There is provision for linen exchange, including towels, at least
weekly.

Comment: Collection, storage, and exchange methods for bedding and linens should be done hygienically; th
blankets, pillows, and mattresses should be cleaned before reissue.

Bathing and Personal Hygiene

3-JCRF-4B-09 (Ref. 2-6108)
104.

Written policy, procedure, and practice require that articles necessary for maintaining proper
personal hygiene are provided and readily available upon reasonable request to all juveniles. These
articles include at least the following:

Go to the Next Pa
Top of Form

Bottom of Form

soap;
 shampoo;
 toothbrush;
 toothpaste or powder;
 a comb;
 toilet paper; and
 special hygiene items for female residents.
Comment: Hygiene items may be available from the staff or other sources, as
approved by the facility administrator.

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

Section C: Health Care
Principle: The facility provides comprehensive health care services by qualified personnel to
protect the health and well-being of juveniles.

Responsible Health Authority
3-JCRF-4C-01 (Ref. 2-6129/6130)
Mandatory
105. Written policy, procedure, and practice provide that the facility has a
designated health authority with responsibility for health care pursuant to
a written agreement, contract, or job description. The health authority may
be a physician, health administrator, or health agency.
Comment: The responsibility of the health authority includes arranging for health
care services and ensuring that juveniles have access to them.

Unimpeded Access to Care
3-JCRF-4C-02 (Ref. New)
106. Written policy, procedure, and practice provide for access to health
care and for a system for processing complaints regarding health care.
These policies are communicated verbally and in writing to juveniles upon their
arrival in the facility, and are communicated in a language clearly understood by
each juvenile. All decisions concerning access to health care are made by
health care staff.
Comment: The facility should follow the policy of explaining access procedures
verbally to juveniles unable to read. When the facility frequently has non-Englishspeaking juveniles, procedures should be explained and written in their language.

Personnel
3-JCRF-4C-03 (Ref. 2-6132)
107. Appropriate state and federal licensure, certification, or registration
requirements and restrictions apply to personnel who provide health care
services to juveniles. The duties and responsibilities of such personnel are
governed by written job descriptions approved by the health authority.
Verification of current credentials and job descriptions are on file in the facility.
Comment: Only qualified health care personnel should determine and supervise
health care procedures. Written job descriptions should include the required
professional qualifications and the individual’s specific role in the health care delivery
system. Verification of qualifications may consist of copies of current credentials or a
letter from the state licensing or certifying body regarding current credential status.
Nursing services are performed in accordance with professionally recognized
standards of nursing practice and the jurisdiction’s Nurse Practice Act.

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

Qualifications
3-JCRF-4C-04 (Ref. New)
108. Written policy, procedure, and practice provide that treatment by health
care personnel other than a physician, dentist, psychologist, optometrist,
podiatrist, or other independent provider is performed pursuant to written
standing or direct orders by personnel authorized by law to give such
orders. Nurse practitioners and physician’s assistants may practice within the
limits of applicable laws and regulations.
Comment: Professional practice acts differ in various states as to issuing direct
orders for treatment, so the laws in each state need to be studied for implementation
of this standard. Standing medical orders are written for the definitive treatment of
identified conditions and for on-site treatment of emergency conditions for any
person having the condition to which the order pertains. Direct orders are written
specifically for the treatment of one person’s particular condition.

Mental Health Services
3-JCRF-4C-05 (Ref. New)
109. Written policy, procedure, and practice specify the provision of mental
health services to juveniles. These services include but are not limited to
those provided by qualified mental health professionals who meet the
educational and license/certification criteria specified by their respective
professional disciplines.
Comment: An adequate number of qualified staff members should be available to
deal directly with juveniles who have severe mental health problems as well as to
advise other correctional staff in their contacts with such individuals.
3-JCRF-4C-06 (Ref. New)
110. There is a written suicide prevention and intervention program that is
reviewed and approved by a qualified medical or mental health
professional. All staff with responsibility for juvenile supervision are trained in
the implementation of the program. The program includes specific procedures
for intake screening, identification, and supervision of suicide-prone juveniles.
Comment: None.

Health-trained Staff Member
3-JCRF-4C-07 (Ref. New)
111. When facilities do not have full-time, qualified, health-trained personnel,
a health-trained staff member coordinates the health delivery services.

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Comment: Coordination duties may include reviewing initial screening forms for
needed follow-up, readying juveniles and their records for sick call, and assisting in
carrying out orders regarding such matters as diets, housing, and work
assignments.

Pharmaceuticals
3-JCRF-4C-08 (Ref. 2-6142)
112. Written policy, procedure, and practice provide that the program’s
health care plan adheres to state and federal laws and regulations
regarding storage and distribution of medications.
Comment: None.

Health Screenings and Examinations
JCRF-4C-09 (Ref. New)
Mandatory
113. Written policy, procedure, and practice require medical, dental, and
mental health screening to be performed by health-trained or qualified
health care personnel on all juveniles. This screening includes the following:
Inquiry into:
 current illness and health problems, including venereal diseases and other
infectious diseases;
 dental problems;
 mental health problems;
 use of alcohol and other drugs, which includes types of drugs used, mode of
use, amounts used, frequency of use, date or time of last use, and a history
of problems that may have occurred after ceasing use (e.g., convulsions);
 past and present treatment or hospitalization for mental disturbance or
suicide; and
 other health problems designated by the responsible physician.
Observation of:
behavior, which includes state of consciousness, mental status, appearance,
conduct, tremors, and sweating;
 body deformities, ease of movement, etc.; and
 condition of skin, including trauma markings, bruises, lesions, jaundice,
rashes and infestations, and needle marks or other indicators of drug abuse.
Comment: According to the Flores Agreement (Exhibit 1-A.2), the program provides
routine medical and dental care, family planning services, and emergency health
care services, including a complete medical examination (with screening for


AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

infectious diseases) within 48 hours of admission, excluding weekends and holidays,
unless the juvenile was recently examined at another facility; appropriate
immunizations in accordance with the U.S. Public Health Service, Center for Disease
Control; administration of prescribed medication and special diets; and appropriate
mental health interventions when necessary.
3-JCRF-4C-11 (Ref. New)
114. Written policy, procedure, and practice provide for the collection and
recording of health appraisal data and require the following:
the process is completed in a uniform manner as determined by the health
authority;
 health history and vital signs are collected by health-trained or qualified
health personnel;
 review of the results of the medical examinations, tests, and identification of
problems is performed by a physician; and
 collection of all other health appraisal data is performed only by qualified
health personnel.
Comment: The initial screening must be followed with a more detailed health
examination by the appropriate health appraisal personnel to adequately identify the
health care needs of each juvenile. It also is important that the examination be
performed in a uniform manner to ensure that it is thorough and consistent for each
juvenile.


3-JCRF-4C-12 (Ref. 2-6140)
115. Written policy, procedure, and practice provide for medical examination
of any employee or juvenile suspected of having a communicable
disease.
Comment: Examination results must be made available quickly to ensure prompt
and proper treatment.

Dental Screening and Examination
3-JCRF-4C-13 (Ref. 2-6131)
116. Dental care is provided to each juvenile under the direction and
supervision of a dentist licensed in the state.
Comment: None.

Emergency Health Care
3-JCRF-4C-14 (Ref. New)
Mandatory

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117. Written policy, procedure, and practice provide for 24-hour emergency
medical, dental, and mental health care availability as outlined in a written
plan that includes arrangements for the following:
on-site emergency first aid and crisis intervention;
emergency evacuation of the juvenile from the facility;
use of an emergency medical vehicle;
use of one or more designated hospital emergency rooms or other
appropriate health facilities;
 emergency on-call physician, dentist, and mental health professional
services when the emergency health facility is not located in a nearby
community; and
 security procedures providing for the immediate transfer of juveniles, when
appropriate.
Comment: Arrangements should be made with nearby hospitals or other facilities for
all health services that cannot be appropriately provided within the facility or where
contractual arrangements can result in a better or broader range of services. In the
event the usual health services are not available, particularly in emergency
situations, the facility should have developed a back-up to serve the program. The
plan might include an alternate hospital emergency service or a physician “on call”
service.





First Aid
3-JCRF-4C-15 (Ref. New)
118. Written policy, procedure, and practice provide that careworker staff
and other personnel are trained to respond to health-related situations
within a 4-minute response time. A training program is established by the
responsible health authority in cooperation with the facility administrator that
includes the following:
recognition of signs and symptoms and knowledge of action required in
potential emergency situations;
 administration of first aid and cardiopulmonary resuscitation (CPR) and
current certification;
 methods of obtaining assistance;
 signs and symptoms of mental illness, retardation, and chemical
dependency; and
 procedures for patient transfers to appropriate medical facilities or health
care providers.
Comment: None.


3-JCRF-4C-16 (Ref. 2-6135)

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

119. The facility has available at all times first aid equipment approved by a
recognized health authority.
Comment: The health authority may be a physician, health administrator, or
organization that has the expertise to determine the potential first aid needs of the
facility and to evaluate the condition of the first aid supplies and equipment.
3-JCRF-4C-17 (Ref. New)
120. Written policy, procedure, and practice provide that persons injured in
an incident receive immediate medical examination and treatment.
Comment: Immediate medical examination and treatment should be required in all
instances involving the use of force.

Serious and Infectious Diseases
3-JCRF-4C-21 (Ref. 2-6134-1)
121. Written policy, procedure, and practice address the management of
serious and infectious diseases. These policies and procedures are updated
as new information becomes available.
Comment: Because of their serious nature, methods of transmission, and public
sensitivity, infectious diseases such as tuberculosis, hepatitis-B, and AIDS (acquired
immunodeficiency syndrome) require special attention. Agencies should work with
the responsible health authority in establishing policy and procedure that include the
following: an ongoing education program for staff and residents; control, treatment,
and prevention strategies, which may include screening and testing, special
supervision, and/or special housing arrangements, as appropriate; protection of
individual confidentiality; and media relations.
3-JCRF-4C-22 (Ref. 2-6139-1)
122. There is written policy, procedure, and practice that specify approved
actions to be taken by employees concerning juveniles who have been
diagnosed with HIV. This policy shall be reviewed annually and shall include, at
a minimum, the following:
when and where juveniles are to be tested;
appropriate safeguards for staff and juveniles;
who shall conduct the tests;
when and under what conditions the juveniles are to be separated from the
general population;
 staff and juvenile training procedures; and
 issues of confidentiality.
Comment: None.





Juvenile Participation in Research

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

3-JCRF-4C-26 (Ref. 2-6073)
Mandatory
123. Written policy prohibits the use of juveniles for medical,
pharmaceutical, or cosmetic experiments. This policy does not preclude
individual treatment of a juvenile based on his or her need for a specific medical
procedure that is not generally available.
Comment: A person confined in a facility is incapable of volunteering as a human
subject without hope of reward and cannot do so on the basis of fully informed
consent. Therefore, juveniles should not participate in experimental projects
involving medical, pharmaceutical, or cosmetic research, including aversive
conditioning, psychosurgery, electrical stimulation of the brain, or the application of
cosmetic substances to the body that are being tested for possible commercial use.
This prohibition does not preclude individual treatment of a juvenile by his or her
physician with a new medical procedure, subsequent to a full explanation of the
treatment’s positive and negative features. The agreement is between the physician
and the juvenile, and is not part of a general program of medical experimentation
involving payment to juveniles for submission to treatment.

Notification of Designated Individuals
3-JCRF-4C-27 (Ref. 2-6146)
124. Written policy, procedure, and practice provide for the prompt
notification of juveniles' parents/guardians in case of serious illness,
surgery, injury, or death. Any death in the program is reported immediately to
the proper officials.
Comment: Whenever a juvenile becomes seriously ill, requires surgery, or dies, the
parents/guardians should be promptly notified by a telephone call, a telegram, or
other rapid means of communication. In the event of death, the head of the facility
should be notified. The coroner and appropriate law enforcement officials should
also be notified.
Health Record Files
3-JCRF-4C-28 (Ref. New)
125. The health record file contains the following:









the completed receiving screening form;
health appraisal data forms;
all findings, diagnoses, treatments, and dispositions;
prescribed medications and their administration;
signature and title of documenter;
consent and refusal forms;
place, date, and time of health encounters; and
health service reports (e.g., dental, mental health, and consultations).

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

The method of recording entries in the records, the form and format of the
records, and the procedures for their maintenance and safekeeping are
approved by the health authority.
Comment: None.

Transfer of Records
3-JCRF-4C-29 (Ref. New)
126. For juveniles being transferred to other facilities, summaries or copies
of the medical history record are forwarded to the receiving facility prior to
or at arrival.
Comment: Because the receiving facility has responsibility for medical care of new
arrivals, it is imperative that it receives all available medical information as soon as
possible. Written authorization of the juvenile is not required for the transfer of this
information. This will reduce duplication of screening procedures, ensure continuity
in treatment, and reduce the need for segregation until existence of contagious
diseases can be determined.

Part V. Juvenile Services
Section A: Juvenile Services
Principle: All incoming juveniles undergo thorough screening and assessment at admission and
receive a thorough orientation to the facility’s procedures, rules, programs, and services.

Admission
3-JCRF-5A-01 (Ref. 2-6147)
127. The facility has clearly defined written policies, procedures, and
practices governing admission.
Comment: The policies and procedures governing the admission process should
include but not be limited to types of information gathered on all applicants before
admission, criteria for acceptance, and procedures to be followed when accepting or
not accepting referrals.
3-JCRF-5A-03 (Ref. 2-6149)
128. The agency records information on each juvenile to be admitted that,
unless prohibited by local statute, includes, at a minimum, the following:





name;
address;
date of birth;
sex;

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

 race or ethnic origin;
 reason for referral;
 whom to notify in case of emergency;
 date information gathered;
 name of referring agency or committing authority;
 educational/school history;
 social history, where available;
 special medical problems or needs;
 personal physician, if applicable;
 legal status, including jurisdiction, length and conditions of placement; and
 signature of both interviewee and employee gathering information.
Comment: The agency’s admission information form should include the basic data
necessary to facilitate a continuous program for the juvenile. The information on the
form can be expanded to meet the needs of individual facilities.
According to the Flores Agreement (Exhibit 1-A.3), a comprehensive and realistic
individual plan for the care of each juvenile is developed according to his or her
needs, as determined by the individualized needs assessment. An individualized
needs assessment shall include (a) various initial intake forms; (b) essential data
relating to the identification and history of the minor and family; (c) identification of
the minor’s special needs including any specific problem(s) which appear to require
immediate intervention; (d) an educational assessment and plan; (e) an assessment
of family relationships and interaction with adults, peers, and authority figures; (f) a
statement of religious preference and practice; (g) an assessment of the minor’s
personal goals, strengths, and weaknesses; and (h) identifying information about
immediate family members, other relatives, godparents, or friends who may be
residing in the United States and may be able to assist in family reunification.
Individual plans shall be implemented and closely coordinated through an operative
case management system.

Reception and Orientation
3-JCRF-5A-05 (Ref. 2-6151)
129. Written policy, procedure, and practice provide that the facility advises
the referring facility when a prospective juvenile is not accepted into the
program, stating specific reasons.
Comment: An important part of the referral process is the follow-up provided to the
referring source. Such communication will assist the referring source in making
future referrals.
3-JCRF-5A-07 (Ref. 2-6153)
130. At the time of admission, facility staff discuss program goals, services
available, rules governing conduct, program rules, and possible

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disciplinary actions with the juvenile; this discussion is documented by
employee and juvenile signatures.
Comment: It is important that the juvenile, at the time of admission, understand what
can be expected of the program and what the program expects from him or her. This
discussion can occur before admission, but no later than at the time of admission
and acceptance into the program. The discussion or orientation should also include
but not be limited to curfew, meal hours, program participation, house rules, eligibility
criteria for discharge, and staff expectations.
The Flores Agreement (Exhibit 1-A.9) stipulates that the availability of legal
assistance must also be explained during orientation.
3-JCRF-5A-09 (Ref. 2-6155)
131. Written policy, procedure, and practice provide that the facility does not
discriminate on the basis or race, religion, national origin, gender, or
disability.
Comment: The program should demonstrate both in writing and practice that it
accepts any juvenile who is in need of services and meets the program eligibility
criteria.
3-JCRF-5A-12 (Ref. 2-6156)
132. The facility provides or makes arrangements for the provision of the
following services:
 educational, vocational, and psychological assessment;
 educational/vocational programs;
 individual and group counseling activities;
 appropriate recreation and leisure activities;
 consistent family contact;
 food service;
 assistance with transportation;
 transitional services;
 emergency financial assistance;
 medical health services;
 mental health services; and
 employment counseling and placement.
Comment: The program cannot and should not provide all services in-house, not
only because the costs would be prohibitive, but also because the basic philosophy
of community residential programs would be destroyed. If additional services are not
available without charge, the program should assist in the provision of funds for
them. Involvement of other support services for the juveniles is an essential element
of community residential programs, and referral to and assistance with community
agencies should be encouraged whenever possible.

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According to the Flores Agreement (Exhibit 1-A.13), family reunification services
designed to identify relatives in the United States as well as in foreign countries and
assistance in obtaining legal guardianship when necessary for the minor’s release
are services that may be carried out by INS in conjunction with contracted personnel
at the facility. Flores (Exhibit 1-A.8) also holds that acculturation and adaptation
services be made available, to include information for the development of social and
inter-personal skills that contribute to those abilities needed to live independently
and responsibly.

New Juveniles
3-JCRF-5A-13 (Ref. New)
133. Written policy, procedure, and practice provide that juveniles new to
the facility receive written orientation materials and/or translations in their
own language, if they do not understand English. When a literacy problem
exists, a staff member assists the juvenile in understanding the material.
Completion of orientation is documented by a statement signed and dated by
the juvenile.
Comment: Orientation should include informal classes and the distribution of written
materials about the facility’s programs, rules, and regulations. Orientation should
also be used to observe juvenile behavior and to identify special problems.

Section B: Classification
Principle: Juveniles are classified to the most appropriate level of supervision and programming,
both upon admission and upon review of their status.

Classification Plan
3-JCRF-5B-08 (Ref. 2-6171)
134. Where a language or literacy problem exists that can lead to a
juvenile’s misunderstanding of agency rules and regulations, assistance is
provided to the juvenile either by staff or another qualified individual under
the supervision of a staff member.
Comment: There are situations when a juvenile will require the assistance of another
person; most important of which is understanding the rules and regulations
governing personal conduct in the program.

Section C: Social Services
Principle: The facility makes available the professional services necessary to meet the identified
needs of juveniles. Such services may include individual and family counseling, family planning

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and parent education, and other progress release planning for juveniles with drug and alcohol
addictions.

Program Coordination and Supervision
3-JCRF-5C-02 (Ref. 2-6168)
135. Written policy, procedure, and practice provide that each juvenile is
assigned a facility staff member who meets with and counsels that
juvenile.
Comment: In order to ensure that each juvenile receives adequate as well as
continuing services, responsibility for the case management of a juvenile should be
assigned to a specific staff member.

Counseling
3-JCRF-5C-03 (Ref. New)
136. Written policy, procedure, and practice provide that staff members are
available to counsel juveniles at their request; provision is made for
counseling juveniles on an emergency basis. Such services may include
individual and family counseling, family planning and parent education, and
other progress release planning for juveniles with drug and alcohol addictions.
Comment: In assisting juveniles with their personal problems and with adjustment to
the facility, staff members should make time available on a regularly scheduled basis
for appointments with juveniles who request it. Because juveniles may have
problems that require immediate attention, at least one staff member should be
available 24 hours a day.
According to the Flores Agreement (Exhibit 1-A.6), the program includes at least
one individual counseling session per week conducted by trained social work staff.
Individual counseling session objectives should include reviewing the juvenile’s
progress, establishing new short-term objectives, and addressing both the
developmental and crisis-related needs of each juvenile. Flores also specifies
(Exhibit 1-A.7) that group counseling sessions should be offered at least twice a
week. Group is usually an informal process and takes place with all juveniles
present. It is a time when new juveniles are given the opportunity to get acquainted
with the staff, other juveniles, and the rules of the program. It is an open forum
where everyone gets a chance to speak. Daily program management is discussed
and decisions are made about recreational activities, etc. It is a time for staff and
juveniles to discuss whatever is on their minds and to resolve problems.

Section D: Education/Vocation

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Principle: A written body of policy and procedures governs the facility’s programs. All juveniles
will have an individualized program that will contain elements of education, vocational education,
work, recreation, and social services.

Educational/Vocational Training
3-JCRF-5D-01 (Ref. New)
137. Written policy, procedure, and practice provide for coordination and
continuity between educational, vocational, and work programs.
Comment: In accordance with the Flores Agreement (Exhibit 1-A.4), the program
provides educational services appropriate to the juvenile’s level of development and
communication skills in a structured classroom setting, Monday through Friday,
concentrating primarily on the development of basic academic competencies and
secondarily on English Language Training. The educational program shall include
instructional, educational, and other reading materials in such languages as needed.
Basic academic areas should include Science, Social Studies, Math, Reading,
Writing, and Physical Education. The program shall provide juveniles with
appropriate reading materials in languages other than English for use during the
juvenile’s leisure time.
3-JCRF-5D-02 (Ref. 2-6183)
138. Special education programs are available to meet the needs of special
education students as defined in public law.
Comment: There is a large number of persons with disabilities in juvenile
correctional programs. They have special academic and vocational needs. P.L. 94142 mandates services for persons with disabilities to ensure that all students who
wish to participate in education are provided the opportunity to do so.
3-JCRF-5D-03 (Ref. New)
139. Written policy, procedure, and practice indicate compliance with laws
pertaining to individual special education plans prior to placement of
juveniles into or out of special education programs.
Comment: None.
3-JCRF-5D-04 (Ref. New)
140. Written policy, procedure, and practice provide that educational,
vocational, work and treatment programs, credits, certificates, or diplomas
are accepted by community agencies.
Comment: Educational programs must be at least equal in quality and requirements
to equivalent programs in the community to ensure that student credits, certificates,
and diplomas are accepted by employers and transferable to schools and colleges
after release.

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Employment
3-JCRF-5D-05 (Ref. New)
141. Written policy, procedure, and practice provide that the use of work
does not interfere with educational and treatment programs.
Comment: None.

Section E: Recreation
Principle: A written body of policy and procedures governs the facility’s recreation and activity
programs for juveniles, including coordination and supervision, facilities and equipment,
community interaction, and activities initiated by juveniles.

Staff and Space Requirements
3-JCRF-5E-01 (Ref. 2-6184)
142. Written policy, procedure, and practice provide for indoor and outdoor
recreational and leisure time needs of juveniles. Juveniles should be
encouraged to be physically active, depending on their capabilities, and receive
at least two hours of planned recreation per day.
Comment: Provision should be made for periodic group activities outside the facility.
Also, there should be space for indoor leisure time activities, such as television,
games, reading, and studying.
According to the Flores Agreement (Exhibit 1-A.5), the recreation and leisure time
plan shall include daily outdoor activity, weather permitting; at least 1 hour per day of
large muscle activity; and 1 hour per day of structured leisure time activities.
Activities should be increased to a total of 3 hours on days when school is not in
session. Structured leisure time activities do not include time spent watching
television.

Section F: Religion
Principle: A written body of policy and procedures governs the facility’s religious programs for
juveniles, including coordination and supervision, opportunities to practice the requirements of
one’s faith, and use of community resources.

Participation
3-JCRF-5F-01 (Ref. 2-6185)

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143. Written policy, procedure, and practice provide that juveniles have the
opportunity to participate in practices of their religious faith in accordance
with legislation of the authority having jurisdiction.
Comment: All juveniles should have the opportunity to practice their religions.
The Flores Agreement (Exhibit 1-A.10) holds that juveniles are to be given
access to religious services of their choice, whenever possible.

Section G: Mail, Telephone, Visiting
Principle: A written body of policy and procedure governs the facility’s mail, telephone, and
visiting services, including mail inspection, public phone use, and routine and special visits.

Mail
3-JCRF-5G-01 (Ref. 2-6188)
144. Written policy, procedure, and practice provide that indigent juveniles,
as defined in policy, receive a specified postage allowance to maintain
community ties.
Comment: A juvenile without financial resources should be provided the means to
send a reasonable number of letters per month. Community ties include family,
personal friends, etc., but not privileged communication to attorneys, public officials,
and courts.

Access to Publications
3-JCRF-5G-02 (Ref. New)
145. Written policy, procedure, and practice govern juvenile access to
publications.
Comment: Specific policies and procedures should exist to define which publications
are allowed in the facility and how they will be inspected. Restrictions to access
should be directly related to the maintenance of facility order and security.

Inspection of Letters and Packages
3-JCRF-5G-03 (Ref. 2-6187)
146. Written policy, procedure, and practice provide that juveniles' mail,
both incoming and outgoing, may be opened and inspected for
contraband. When based on legitimate facility interests of order and security,
mail may be read or rejected. The juvenile is notified when incoming mail is
returned or outgoing mail is withheld.
Comment: Juveniles should be permitted uncensored correspondence, as long as it
poses no threat to the safety and security of the facility, public officials, or the

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

general public and is not being used in the furtherance of illegal activities. Case law
has defined legal limits. When mail is censored or rejected, the author must be
notified of the reason for the action and provided an opportunity to appeal the
decision.

Forwarding of Mail
3-JCRF-5G-04 (Ref. New)
147. Written policy, procedure, and practice provide for the forwarding of
first class letters and packages after transfer or release.
Comment: All first class letters and packages should be forwarded to juveniles who
are transferred to other facilities or released, provided a forwarding address is
available. If a forwarding address is not available, first class letters and packages
should be returned to the sender. Post office policy and procedure should be made
available to juveniles.

Telephone
3-JCRF-5G-05 (Ref. 2-6189)
148. Written policy, procedure, and practice provide for juvenile access to a
telephone to initiate and receive personal calls.
Comment: Juveniles should be permitted reasonable access to a telephone to make
both personal and program-related calls. This may be a pay phone. Written policy
specifies the hours of telephone availability and any limitations on telephone calls.

Visiting
3-JCRF-5G-06 (Ref. 2-6186)
149. Written policy, procedure, and practice provide that juveniles receive
approved visitors during normal visiting hours, except where there is
substantial evidence that a visitor poses a threat to the safety of the
juvenile or to the security of the program.
Comment: The range of visiting hours and/or approved visitors should be as broad
as possible. Whenever a visitor is permanently denied access to the facility, such as
through a court order, the reasons for exclusion should be specified in a written
report, copies of which are kept on file and given to the juvenile involved, if
requested.
According to the Flores Agreement (Exhibit 1-A.11), visitation and contact with
family members (regardless of their immigration status) is structured to encourage
such visitation. The staff shall respect the juvenile’s privacy while reasonably
preventing his or her unauthorized release.
3-JCRF-5G-07 (Ref. New)

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150. Written policy, procedure, and practice provide for special visits.
Comment: Sometimes there are emergency events or circumstances that require
special visitation needs. The policy should provide guidelines for responding to these
situations.

Section H: Release
The following two standards are taken from the ACA Standards for Juvenile
Detention Facilities, 3rd. ed. (1991).
Principle: The facility provides a structured program to help juveniles make a satisfactory
transition upon release from their detention.

Release Preparation
3-JDF-5H-02 (Ref. 2-8395)
151. Written procedures for releasing juveniles include but are not limited to
the following:
verification of identity;
verification of release papers;
completion of release arrangements, including the person or agency to
whom the juvenile is to be released;
 return of personal effects;
 completion of any pending action, such as grievances or claims for damaged
or lost possessions;
 medical screening and arrangements for community follow-up when needed;
 transportation arrangements; and
 instructions on forwarding of mail.
Comment: The release process should ensure that all matters relating to the facility
are completed. If the juvenile is to be released to his or her family, the person
accepting the juvenile should be identified, or an unescorted release must be
verified. If released to another agency, everyone involved should understand what is
to occur with respect to timing, expectations, forwarding of records, and person
designated to complete the transfer. The party or entity responsible for or having
legal custody of the juvenile must also be notified.




3-JDF-5H-07 (Ref. New)
152. Written policy, procedure, and practice provide for and govern escorted
and unescorted day leaves into the community.
Comment: There should be provision to escort juveniles into the community for
needed medical and dental care; to visit ill family members or attend funerals; and to
participate in community affairs and/or events that would have a positive influence

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on the juvenile. Unescorted or day leaves should be extended for a variety of
reasons related to the juvenile’s planned return to the community and should be
consistent with public safety.

Rating 1–5:
1=in compliance; 2=not in
compliance;

INS Secure Juvenile Standards Checklist

3= exception noted; 4=staff
information; 5=confirmed

A. Administration and Management (Part I of JDF manual)4
1.

A criminal record check is performed on all new employees in
accordance with state and federal statutes (3-JDF-1C-13).

2.

Written policy governs the management of case records, including all
required areas (3-JDF-1E-01).

3.

The facility administration maintains and has available in a master file a
detailed record on each juvenile (3-JDF-1E-02).

4.

Written policy provides that an updated case file is transferred within 72
hours of a juvenile’s transfer to another facility (3-JDF-1E-04).

5.

Written policy safeguards records from unauthorized and improper
disclosure (3-JDF-1E-08).

B. Physical Plant (Part II of JDF manual)
6.

The facility conforms to all applicable fire safety codes (3-JDF-2A-03).

7.

A qualified source has documented that finishing materials in juvenile
living areas comply with recognized codes (3-JDF-2A-04).

8.

Juveniles’ rooms and sleeping
requirements (3-JDF-2C-02).

9.

Dayrooms for varied juvenile activities are separated from sleeping areas
by a floor-to-ceiling wall (3-JDF-2C-04).

10.

There is at least 1 toilet for every 12 male juveniles and 8 female
juveniles; and at least 2 toilets in houses with 5 or more juveniles (JDF2C-06).

11.

Juveniles have access to wash basins with hot and cold running water,
at a ratio of 1 basin for every 12 occupants (3-JDF-2C-07).

areas

conform

with

all

space

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2

3

4

5

1

2

3

4

5

12.

Juveniles have access to showers with temperature-controlled hot and
cold running water, with at least 1 shower for every 8 juveniles (3-JDF-2C08).

13.

Male and female juveniles do not occupy the same sleeping room (3JDF-2C-12).

14.

Written policy provides that all housing areas comply with specified
lighting and other environmental requirements (3-JDF-2D-01).

15.

Temperatures in indoor living and work areas are appropriate to
summer and winter comfort zones (3-JDF-2D-03).

16.

School classroom designs conform with local or state educational
requirements (3-JDF-2E-05).

17.

The food preparation area has space appropriate to population size,
type of food preparation, and methods of meal service (3-JDF-2E-07).

18.

Provisions exist for adequate storage and loading areas and for
garbage disposal facilities (3-JDF-2E-08).

19.

There is space in the facility to store and issue clothing, bedding,
cleaning supplies, and other items required for daily operations (3-JDF2E-11).

20.

Space is provided for the safe and secure storing of juveniles’ personal
property (3-JDF-2E-12).

21.

There is space for a 24-hour control center to monitor and coordinate
the facility’s security, safety, and communications systems (3-JDF-2G01).

22.

The facility’s perimeter is controlled to keep juveniles in and the general
public out, unless they have proper authorization (3-JDF-2G-02).

Rating 1–5:
1=in compliance; 2=not in
compliance;

INS Secure Juvenile Standards Checklist

3= exception noted; 4=staff
information; 5=confirmed

C. Institutional Operations (part III of JDF manual)
23.

There is a manual containing all procedures for facility security and
control, with detailed instructions for implementing them (3-JDF-3A-01).

24.

The facility has a communication system between the control center
and juvenile living areas (3-JDF-3A-02).

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1

2

3

4

5

25.

The facility maintains a daily report on juvenile population movement (3JDF-3A-03).

26.

Written policy requires that coed facilities have both a male and a
female staff member on duty at all times (3-JDF-3A-07).

27.

Written policy requires staff to keep a permanent log and to prepare
shift reports that record both routine and unusual occurrences (3-JDF-3A09).

28.

Written policy requires at least weekly inspection and maintenance of all
security devices, with corrective action taken as needed (3-JDF-3A-12).

29.

The facility has a system for physically counting juveniles (3-JDF-3A13).

30.

Written policy provides that restraint devices are applied only with the
facility administrator’s approval, and never as punishment (3-JDF-3A-16).

31.

Written policy provides that the facility maintain a written record of
routine and emergency distribution of restraint equipment (3-JDF-3A-17).

32.

All special incidents, e.g., hostage taking or use of force, are reported in
writing, and dated and signed by the reporting staff person (3-JDF-3A18).

33.

Written policy provides for searches of facilities and juveniles to control
and dispose of contraband (3-JDF-3A-19).

34.

Written policy provides that manual or instrument inspection of body
cavities is done only with reason and authorization (3-JDF-3A-20).

35.

Written policy allows visual inspection of juvenile body cavities only
when a reasonable belief exists that he/she is carrying contraband (3JDF-3A-21).

36.

Written policy governs the control and use of keys (3-JDF-3A-22).

37.

Written policy governs the control and use of tools and culinary and
medical equipment (3-JDF-3A-23).

38.

Written policy governs the availability, control, and use of chemical
agents and related security devices (3-JDF-3A-26).

39.

Written policy requires that personnel using force to control juveniles
give a written report to the facility administrator by end of TDY (3-JDF-3A27).
(table continued on next page)

40.

Written policy provides that persons injured in an incident receive
immediate medical attention (3-JDF-3A-28).

41.

Firearms are not permitted in facilities except in emergency situations
(3-JDF-3A-29).

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42.

Written policy restricts the use of physical force to justifiable instances
only, such as for self defense or protection of others (3-JDF-3A-30).

43.

Written policy specifies the facility’s fire prevention regulations and
practices (3-JDF-3B-01).

44.

Written policy requires a comprehensive monthly compliance inspection
of the facility by a qualified fire and safety officer (3-JDF-3B-02).

45.

Specifications for selecting and purchasing facility furnishings indicate
their fire safety performance requirements (3-JDF-3B-03).

46.

Facilities have noncombustible receptacles for smoking materials, and
separate containers for other combustible refuse (3-JDF-3B-04).

47.

Written policy governs the control and use of all flammable, toxic, and
caustic materials (3-JDF-3B-05).

Rating 1–5:
1=in compliance; 2=not in
compliance;

INS Secure Juvenile Standards Checklist

3= exception noted; 4=staff
information; 5=confirmed

C. Institutional Operations—Cont. (part III of JDF manual)
48.

Written policy requires a communications system within the facility and
between it and the community for emergency situations (3-JDF-3B-07).

49.

The facility has a certified evacuation plan for major emergencies (3JDF-3B-10).

50.

All facility personnel are trained in implementing written emergency
plans (3-JDF-3B-11).

51.

Written policy specifies juveniles’ immediate release in case of
emergency, with a backup system in place (3-JDF-3B-12).

52.

There are written procedures governing escapes that are reviewed at
least annually and updated as needed (3-JDF-3B-13).

53.

Written rules of juvenile conduct specify prohibited acts within the facility
and penalties for various degrees of violation (3-JDF-3C-02).

54.

A rulebook of all chargeable offenses and consequences is given to
each juvenile and staff member, in other languages as necessary (3-JDF3C-03).

55.

Written policy requires that juveniles are told the reasons behind
imposed restrictions, and get an opportunity to explain themselves (3-JDF3C-06).

56.

During room restriction, staff contact is made with the juvenile at least
every 15 minutes, depending on his/her emotional state (3-JDF-3C-07).

57.

Written policy specifies room restriction for minor misbehavior only as a
“cooling off” period, to last from 15 to 60 minutes (3-JDF-3C-08).

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2

3

4

5

58.

Written policy provides that juveniles who commit criminal acts are
referred to appropriate court or law enforcement officials (3-JDF-3C-09).

59.

A juvenile charged with a major rule violation, e.g., that imperils personal
or another’s safety, may be confined for up to 24 hours (3-JDF-3C-11).

60.

Written policy ensures the right of juveniles to have access to courts (3JDF-3D-01).

61.

Written policy ensures and facilitates juvenile access to counsel and
assists juveniles in making confidential contact with attorneys (3-JDF-3D02).

62.

Written policy protects juveniles from abuse, corporeal punishment,
personal injury, disease, property damage, and harassment (3-JDF-3D06).

63.

A written grievance procedure is made available to all juveniles that
includes at least one level of appeal (3-JDF-3D-08).

64.

Written policy provides special management for juveniles with serious
behavior problems and for those requiring protective care (3-JDF-3E-01).

65.

The facility administrator/shift supervisor can order immediate
placement in a special location to protect juveniles from self or others (3JDF-3E-02).

66.

The facility’s sanctioning schedule sets a maximum of 5 days’
disciplinary confinement for any offense, unless superseded by law (3JDF-3E-03).

67.

Juveniles placed in confinement are visually checked by staff every 15
minutes and are visited each day by the appropriate units (3-JDF-3E-04).

68.

Written policy specifies that confined juveniles have living conditions and
privileges similar to those for the general population (3-JDF-3E-05).

D. Facility Services (Part IV of JDF manual)
69.

It is documented that the facility’s system of dietary allowances is
reviewed at least monthly by a dietitian for proper compliance (3-JDF-4A03).

70.

Written policy requires that food service staff plan out menus and stick
to them, taking into account food appearance and palatability (3-JDF-4A04).

71.

1

2

3

4

5

Written policy provides for specially prescribed diets (3-JDF-4A-06).

Rating 1–5:
1=in compliance; 2=not in
compliance;

INS Secure Juvenile Standards Checklist

3= exception noted; 4=staff
information; 5=confirmed

D. Facility Services—Cont. (Part IV of JDF manual)

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72.

Written policy precludes the use of food as a disciplinary measure (3JDF-4A-07).

73.

Written policy specifies that food services comply with applicable
sanitation and health codes (3-JDF-4A-09).

74.

Shelved and refrigerated goods are maintained at the appropriate
prescribed temperatures for each (3-JDF-4A-11).

75.

Written policy provides that staff members supervise juveniles during
meals (3-JDF-4A-12).

76.

Written policy requires 3 meals a day, 2 of them hot, at regular meal
times, with fewer than 14 hours between dinner and breakfast (3-JDF-4A13).

77.

Written policy provides for adequate health protection for all juveniles
and staff in the facility and working in food service (3-JDF-4A-14).

78.

Written policy requires weekly sanitation inspections of all facility areas
(3-JDF-4B-01).

79.

The facility administration complies with applicable sanitation codes (3JDF-4B-02).

80.

An independent, outside source has approved the institution’s potable
water source and supply (3-JDF-4B-03).

81.

The institution has an approved waste disposal system (3-JDF-4B-04).

82.

Written policy provides for vermin and pest control (3-JDF-4B-05).

83.

Written policy specifies accountability for clothing and bedding issued to
juveniles (3-JDF-4B-08).

84.

Juveniles are afforded 3 complete sets of clean clothing per week (3JDF-4B-10).

85.

Written policy requires the facility to thoroughly clean and disinfect, as
necessary, juvenile personal clothing being stored or worn (3-JDF-4B11).

86.

Written policy provides for the issue of complete clean bedding and linen
sets, with sufficient blankets for temperature comfort (3-JDF-4B-12).

87.

Written policy provides an approved shower schedule that allows daily
showers and showers after strenuous exercise (3-JDF-4B-13).

88.

Written policy requires that all juveniles receive articles necessary for
maintaining proper personal hygiene (3-JDF-4B-14).

89.

There are hair care services available to juveniles (3-JDF-4B-15).

90.

Written policy provides that the facility has a contracted health authority
with responsibility for health care (3-JDF-4C-01).

91.

Written policy provides that a staff member accompany a juvenile
needing hospitalization at least through admission (3-JDF-4C-04).

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92.

Adequate space, equipment, and supplies, as determined by the
responsible physician, are provided for primary health care delivery (3JDF-4C-06).

93.

Written policy provides for unimpeded access to health care and for a
system for processing health care complaints (3-JDF-4C-07).

94.

When sick call is not conducted by a physician, he/she is available once
a week to answer juveniles’ health care service complaints (3-JDF-4C08).

95.

Juveniles’ medical complaints are monitored and responded to daily by
medically trained personnel (3-JDF-4C-09).

96.

Appropriate state and federal licensure and registration requirements
apply to personnel providing health care services to juveniles (3-JDF-4C10).

Rating 1–5:

INS Secure Juvenile Standards Checklist

1=in compliance; 2=not in
compliance;
3= exception noted; 4=staff
information; 5=confirmed

D. Facility Services—Cont. (Part IV of JDF manual)
97.

Written policy provides that treatment by other than licensed health care
personnel is performed under a physician’s orders (3-JDF-4C-11).

98.

A juvenile’s immunization history is obtained when the health appraisal data
are collected; immunizations are updated, as required (3-JDF-4C-13).

99.

Obstetrical, gynecological, family planning, and health education services
are provided in facilities housing females (3-JDF-4C-14).

100.

Written policy specifies the provision of mental health services for juveniles
(3-JDF-4C-16).

101.

When facilities lack full-time, qualified health-trained personnel, a trained
staff member coordinates supervised health services (3-JDF-4C-17).

102.

Written policy provides for the proper management of pharmaceuticals (3JDF-4C-18).

103.

Psychotropic drugs and drugs requiring parenteral administration are
prescribed by a physician or provider, following an exam (3-JDF-4C-19).

104.

The person administering medications has training from the responsible
physician/official, is accountable for administering medications, and
appropriately records their administration (3-JDF-4C-20).

105.

Written policy requires that all juveniles, upon arrival, receive thorough
health screenings by qualified personnel (3-JDF-4C-21).

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106.

Written policy requires that all juveniles receive thorough health screenings
upon their arrival from intrasystem transfers (3-JDF-4C-23).

107.

Written policy provides for the collection and recording of health appraisal
data in accordance with prescribed procedures (3-JDF-4C-24).

108.

Written policy provides for 24-hour emergency heath care availability as
outlined in a detailed written plan (3-JDF-4C-26).

109.

Written policy provides that personnel are trained to respond to healthrelated situations within 4 minutes (3-JDF-4C-27).

110.

Written policy requires that first aid kits are available (3-JDF-4C-28).

111.

Sick call for nonemergency medical service by a physician or counterpart
is available to each juvenile at least 3 times a week (3-JDF-4C-29).

112.

Written policy provides for a special health program for juveniles requiring
close medical supervision (3-JDF-4C-30).

113.

Chronic care, convalescent care, and medical preventive maintenance are
provided to juveniles when medically indicated (3-JDF-4C-31).

114.

There is a written agreement between the facility and a nearby hospital for
all medical services that cannot be provided at the facility (3-JDF-4C-33).

115.

A written suicide and intervention program is reviewed and approved by a
qualified medical or mental health professional (3-JDF-4C-35).

116.

Written policy specifies approved actions to be taken by employees
concerning juveniles diagnosed as HIV positive (3-JDF-4C-36).

117.

Written policy addresses the management of serious and infectious
diseases (3-JDF-4C-37).

118.

Written policy provides for medical examination of any employee or
juvenile believed to have a communicable disease (3-JDF-4C-38).

119.

Written policy prohibits using juveniles for medical, pharmaceutical, or
cosmetic experiments (3-JDF-4C-43).

120.

Stimulants, tranquilizers, or psychotropic drugs are never used for program
management, control, experiment, or research purposes (3-JDF-4C-44).

Rating 1–5:

INS Secure Juvenile Standards Checklist

1=in compliance; 2=not in
compliance;
3= exception noted; 4=staff
information; 5=confirmed

D. Facility Services—Cont. (Part IV of JDF manual)
121.

Written policy provides that juveniles’ parents/guardians are promptly
notified in case of serious illness, surgery, injury, or death (3-JDF-4C-45).

122.

Juveniles’ health record files contain complete and proper records that are
maintained in a manner approved by the health authority (3-JDF-4C-46).

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123.

Written policy upholds the principle of the health record’s confidentiality,
and supports particular requirements (3-JDF-4C-47).

124.

Summaries or copies of a juvenile transferee’s medical history records are
forwarded to the receiving facility before his or her arrival (3-JDF-4C-48).

E. Juvenile Services (Part V of JDF Manual)
125.

Written procedures for admitting juveniles new to the system include all the
required elements and steps (3-JDF-5A-02).

126.

Written policy provides that new juveniles receive written orientation
materials and/or translations in their own language (3-JDF-5A-15).

127.

Written policy governs the control and safeguarding of juvenile personal
property (3-JDF-5A-16).

128.

Written policy provides that staff members are available to counsel
juveniles at their request, even on an emergency basis (3-JDF-5B-04).

129.

Written policy provides for juvenile access to mental health counseling and
crisis intervention services, according to need (3-JDF-5B-05).

130.

There is a comprehensive education program for juveniles (3-JDF-5C-01).

131.

The educational program is supported by specialized equipment that
meets minimum state education standards (3-JDF-5C-03).

132.

Juveniles are not required to work for free except as part of facility upkeep,
personal hygiene, or approved training or service program (3-JDF-5C-05).

133.

Juveniles are not permitted to perform any work prohibited by state and
federal regulations and statutes pertaining to child labor (3-JDF-5C-06).

134.

Library services are provided and available to all juveniles (3-JDF-5D-03).

135.

Written policy provides a recreation-leisure plan that daily allows at least 1
hour each for large muscle and structured leisure activities (3-JDF-5E-04).

136.

Written policy allows juveniles to practice the tenets of their religions,
limited only by a documented threat to safety or order (3-JDF-5F-03).

137.

Written policy for juveniles’ correspondence is made available to all staff
and juveniles, is reviewed annually, and updated as needed (3-JDF-5G-01).

138.

There is no limit on the volume of letters a juvenile may send or receive,
when he/she bears the mailing cost (3-JDF-5G-02).

139.

Written policy provides that indigent juveniles, as defined in policy, receive
a specified postage allowance to maintain community ties (3-JDF-5G-03).

140.

Written policy specifies that juveniles are permitted to send sealed letters
to a specified class of persons and organizations (3-JDF-5G-04).

141.

Written policy grants juveniles the right to communicate/correspond freely,
limited only by preservation of facility security and order (3-JDF-5G-05).

142.

Written policy provides that all juveniles’ mail—incoming and outgoing—
may be opened and inspected for contraband (3-JDF-5G-07).

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143.

Written policy requires that all cash received in the mail is held for the
juvenile under procedures approved by the parent agency (3-JDF-5G-08).

144.

Written policy requires that incoming and outgoing letters are held for no
more than 24 hours, and packages no more than 48 hours (3-JDF-5G-09).

Rating 1–5:

INS Secure Juvenile Standards Checklist

1=in compliance; 2=not in
compliance;
3= exception noted; 4=staff
information; 5=confirmed

E. Juvenile Services—Cont. (Part V of JDF manual)
145.

Written policy provides for the forwarding of first class letters and packages
after transfer or release (3-JDF-5G-10).

146.

Written policy provides for juvenile access to the telephone to make and
receive personal calls (3-JDF-5G-11).

147.

Written policy grants juveniles the right to receive visits, limited only by the
need to maintain facility order and security (3-JDF-5G-12).

148.

Written policy provides that juvenile visiting facilities permit informal
communication, including opportunity for physical contact (3-JDF-5G-13).

149.

2

Written policy governs special visits (3-JDF-5G-14).

150.

Written policy specifies that visitors register on entry and states the
circumstances governing visitor searches and supervision (3-JDF-5G-15).

151.

Written procedures for releasing juveniles include several verification
processes and other checks (3-JDF-5H-02).

152.

Written policy provides for and governs escorted and unescorted day
leaves into the community (3-JDF-5H-07).

6.

1

Transportation Requirements

INS Officers transporting juveniles must adhere to the guidelines contained in the
Flores Agreement, which are summarized below. For detailed standards governing
the escorting of persons in INS custody, refer to the official guideline, "Enforcement
Standard Escorts," released February 5, 1998. For detailed standards describing the
policy for using restraints when transporting people in INS custody, refer to the INS
guideline "Enforcement Standard, Use of Restraints," released February 5, 1998.
General guidelines governing the transportation and transfer of juveniles are
provided below.
6.1
6.1.1

Transportation and Transfer of Juveniles
Do not transport juveniles with detained adults unless:

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juveniles are being transported from the place of arrest or apprehension to
an INS office; or



separate transportation would be impractical (but then the juvenile must be
kept separate, with precautions taken for his or her safety). Unaccompanied
juveniles will be separated from unrelated adult males by separate passenger
compartments or by an empty row of seats.

6.1.2 Upon release, the INS will-without undue delay-assist juveniles in making
transportation arrangements to the INS office nearest the person or facility they are
being released to. The INS may, at its discretion, pay for or provide such
transportation.
6.1.3 Juveniles must be transported with their legal papers and possessions
unless possessions exceed the amount normally permitted by the carrier, in which
case possessions must be shipped in a timely manner to the juvenile.
6.1.4 If a juvenile is represented by counsel, that counsel must be notified prior to
transfer unless the safety of the juvenile is at issue, the juvenile is an escape risk, or
counsel has waived notice. In any case, counsel must be notified within 24 hours
following transfer.
6.1.5 Escorting Officers have the responsibility to determine the need and level of
restraints used at any time while escorting a detainee. When an Officer determines
that conditions warrant the use of restraints for members of a family unit, females, or
juveniles, the Officer must be able to explain the conditions that require the
restraints. Only the minimum degree of restraint needed to ensure the safety of the
officer, the detainee, and the public, or to prevent escape, will be used. Females,
juveniles, or family units traveling in unsecured vehicles will be placed in seat belts,
and may be restrained as appropriate. Additional restraints beyond handcuffs are
permitted in secured vehicles, based on explainable factors.
6.1.6 Regardless of whether restraints are used or the level of restraints, no
juvenile will be transported without the assigned Officer conducting his or her own
search of the juvenile for contraband.
6.2

Escorting Juveniles on JPATS and Commercial Aircraft

6.2.1 JPATS. Juveniles transported on Justice Prisoner and Alien Transportation
System (JPATS) aircraft and vehicles are subject to the policies and stipulations
found in the JPATS Prisoner Transportation Manual. Officers should consult that
reference for instructions regarding the use of escorts on JPATS aircraft.
6.2.2 If an escorted juvenile presents a risk to the escorts or the public, and a
suitable itinerary using a third country that permits the use of restraints cannot be
arranged, JPATS will be contacted to arrange for either a government or charter
aircraft. If JPATS cannot accommodate the removal, HQ Field Operations will be
contacted for guidance or authorization to use other means of transportation.

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6.2.3 Commercial Aircraft. Personnel assigned to make reservations to transport
juveniles on scheduled commercial aircraft will normally advise the airline(s) 1 day
before the anticipated flight of the intent to transport a detainee under a law
enforcement officer's control. Persons making reservations will notify the carrier or
agent accepting the reservation of each traveler's escort classification. In
accordance with Federal Aviation Administration (FAA) regulations (14 C.F.R. 108),
under no circumstances, exigent or otherwise, will this notification take place less
than 1 hour prior to the flight.
6.2.4 In addition to properly assigning escorts according to the classification
system in "Enforcement Standard, Escorts" (February 5, 1998), the following also
applies when escorting juveniles on commercial aircraft:


Criminal juveniles should be escorted consistent with the classification
criteria for adults with the same background.



Noncriminal juveniles may be escorted by certain designated non-INS
personnel under contract or interagency agreement with the INS in place of
INS Officers. Although escort by INS Officers is preferred, contract personnel
may be used at the District Director's discretion.

Note: Agencies under contract or interagency agreement with the INS that are
handling noncriminal juveniles do not have authority to restrain such juveniles. INS
personnel will remove restraints prior to surrendering juveniles to such agencies.
Detainees received from such agencies may be restrained by INS Officers according
to policy.

6.3



All FAA regulations pertaining to transporting "maximum risk" individuals in
custody of law enforcement officers will be observed.



When making travel arrangements, reasonable efforts must be made to
observe individual airline policies regarding the transporting of detainees.



There must be one escort of the same sex per juvenile.
Medical Escorts and Precautionso Taken from Enforcement Standard,
"Escorts," VI E-F, 2/5/98.o

6.3.1 When a juvenile requires a medical escort, a medical professional will escort
him or her with a minimum of two INS Officers. During transport, the medical escort
will sit as close to the juvenile alien and INS escort officers as possible. At no time
will the medical escort assume security responsibilities for the juvenile while in the
air or on the ground.
6.3.2 Only a medical professional may provide juveniles with prescription
medication for the treatment of diagnosed illnesses, e.g., heart ailments, depression,
or other conditions. Under no circumstances will detainees be medicated solely to

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facilitate transport.9 The medical escort is responsible for the disposition of
medication and related equipment.
6.3.3 In all cases, juveniles will be accompanied by up-to-date copies of their
medical records, which will be carried in a sealed envelope or folder, clearly marked
"Medical Records, To Be Opened By Authorized Medical Personnel Only."
Detainees will be accompanied by medical supplies and medication sufficient for the
trip, plus at least 3 days.
6.3.4 Do not transport detainees who have not been medically screened on
commercial aircraft. Those transported on JPATS are subject to stipulations found in
the JPATS Prisoner Transport Manual.
6.3.5 Officers should be alert for symptoms such as coughing, fever, sweating,
and emaciation, in addition to obviously open wounds or bleeding. If an Officer
suspects that a juvenile alien may be infected with a contagious disease, the
following precautions should be taken:




7.

transport the juvenile in a separate vehicle from others;
place a surgical mask on the juvenile;10 and
seat the juvenile in the rear of the vehicle, next to an open window to provide
as much ventilation as possible.
Legal Requirements-Representation

This section clarifies attorney-client privileges and other items contained in the
Flores Agreement.
7.1 Notice of Right to Bond Redetermination and Judicial Review of
Placement
7.1.1 Juveniles in removal proceedings under Section 240 of the Immigration and
Naturalization Act will be afforded a bond redetermination hearing before an
Immigration Judge, unless the juvenile refuses and indicates the refusal on the
"Notice of Custody Determination" form.
Note: A juvenile may only be released to a qualified sponsor (see Section 2.4,
"Release").
7.1.2 Juveniles not released under the above condition shall be provided the
following:


INS Form I-770;



a list of free legal services providers compiled according to INS regulations
(unless previously given to the juvenile); and

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a Notice of Right to Judicial Review (see Attachment 1, Flores Agreement,
Exhibit 6).
Any juvenile who disagrees with the INS' placement decision (for facility) or who
asserts that the licensed program does not meet the Minimum Standards for
Licensed Programs (Exhibit 1 of Flores Agreement) may seek judicial review
in Federal district court to challenge placement or allege noncompliance. The
court will be limited to entering an order affecting only that juvenile.



7.2

Attorney-Client Visits Under Flores

7.2.1 As plaintiff's counsel, staff attorneys from the Center for Human Rights and
Constitutional Law, Los Angeles, California, or the National Center for Youth Law of
San Francisco may visit juveniles if, prior to their visit, they show proper
identification. Plaintiff's counsel must always provide a Notice of Appearance with
the INS before any attorney-client meeting. This notice must be submitted to the
Local INS or District Juvenile Coordinator by hand or mail, and to the facility by hand
upon arrival. Other lawyers for the Flores plaintiff class may also visit juveniles if they
are on the list of approved lawyers available from the District Juvenile Coordinator.
(Every 6 months, plaintiff's counsel will provide the INS with a list of attorneys
planning to make such visits during the following 6 months).Attorney-client visits
shall be permitted in ALL INS and non-INS facilities.
7.2.2 All visits will take place according to the applicable policies and procedures
for attorney-client visits at each individual facility. This provision does not limit visits
by other attorneys.
7.2.3 The facility's staff must provide plaintiff's counsel, upon arrival, with a list of
names and alien registration numbers for the juveniles housed at that facility.
7.2.4 The juvenile may refuse to meet with the attorney, and the juvenile's parents
or legal guardian may deny plaintiff's counsel permission to meet the juvenile.
7.3

Attorney Visits to Licensed Facilities Under Flores

7.3.1 Facility visits are to be conducted according to the generally accepted
policies and procedures of the facility to the extent that those policies and
procedures are consistent with Exhibit 4 of the Flores Agreement (Attachment 1)
summarized below:The purpose of facility visits is to interview class members and
staff and to observe conditions at the facility.


Visits will be scheduled at least 7 business days in advance. Visitor names,
positions, credentials, and professional associations must be provided at that
time.



All visits with class members must take place during normal business hours.



No video recording equipment or cameras of any type shall be permitted.

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

Audio recording equipment will be limited to hand-held tape recorders.



Number of visitors will not exceed six; or for family foster homes, fourincluding interpreters. Up to two of these visitors may be non-attorney experts
in juvenile justice and/or child welfare.



Visit will not exceed 3 hours per day and will not disrupt the routine followed
by the juveniles and staff.

7.3.2 Plaintiff's counsel may request access to any licensed facility or to any
medium or secure facility. The request must be submitted by hand or by mail to the
Local INS or District Juvenile Coordinator.
7.3.3 The District Juvenile Coordinator will provide reasonable assistance in
conveying the request to the facility and coordinating the visit.
7.3.4 Plaintiff's counsel must treat juveniles and staff with respect and dignity, and
the facility's normal functioning must not be disrupted.
7.4

Attorney-Client Representation

7.4.1 A Notice of Appearance of Attorney (INS Form G-28) must be on file for
each juvenile represented by counsel and maintained in the juvenile's A-file.
7.4.2 Attorneys should be allowed reasonable access to all juveniles they
represent.
7.4.3 The Arresting Officer must provide all juveniles with specific information
regarding the availability of free legal assistance and advise each juvenile of the right
to be represented by counsel at no expense to the government and of the right to a
hearing before an Immigration Judge. This process is to be repeated by the Local or
District Juvenile Coordinator upon the juvenile's placement in the facility.
7.4.4 Paralegals (individuals who work under the direction and supervision of an
attorney to aid them in representing their clients) may interview juveniles, complete
forms, and deliver papers without the attorney being present. The paralegal does not
represent the juvenile before the INS. Each paralegal must present a letter from the
employer/attorney identifying him or her and stating that s/he is employed and
supervised by the attorney.
7.4.5 Messengers or other persons not certified as paralegals will be permitted
only to deliver or convey documents, forms, etc., to and from the facility, and may
not interview or come into contact with juveniles.
7.4.6 Attorneys representing juveniles in foster care have the same right of access
to these clients as with any other juvenile client. The facility will provide juveniles
with access to their attorneys or their representatives and will honor the privileged

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nature of the client/attorney contact, recognizing that appointments are to be at times
mutually agreed upon by the juvenile and the foster parent.
7.4.7 Juvenile facilities shall have established visiting hours that allow attorneys
ample opportunity to meet with their clients. However, the hours shall not
compromise security or unduly interfere with the normal and necessary routines of
the program. Facilities must provide space that allows confidentiality between
attorneys and clients.
7.4.8 Facility staff may visually observe all conversations between juveniles and
their attorneys but may not in any way record or listen to conversations.
8.

Escapes and Other Emergency Incidents

8.1

Juvenile Escapes

Dealing with escapes is a critical issue for anyone with responsibility for juvenile
aliens being detained by the INS in secure or nonsecure facilities. It is therefore
important to learn and follow the procedures outlined in this chapter to fulfill all
aspects of your prescribed role, whether you are acting as a Regional or District
Juvenile Coordinator, INS Officer, or Headquarters personnel. All escapes will be
treated in the same manner, regardless of who had custody of the alien at the time
of the escape.p Memo from William R. Yates, Eastern Regional Director, on "Escape
Reporting Procedures," 8/3/98.p First and foremost, when an escape occurs,
immediate efforts should be made to locate the juvenile alien.
8.1.1 The District Juvenile Coordinator must ensure that facility staff know what to
do when a juvenile absconds from a facility (medium or secure detention, shelter
care, group home, or foster care). The staff person reporting the unauthorized
absence must call the local INS Office and local law enforcement authorities and
provide the following information:









physical description of juvenile;
name and alien registration number of juvenile;
time of incident;
what occurred;
any calls or other contacts;
name, address, and phone number of family;
information regarding unusual behavior; and
any reasons to believe that the departure was involuntary.

The District Juvenile Coordinator notifies the attorney of record and the Regional
Juvenile Coordinator. In addition, the District Juvenile Coordinator should verify that
local law enforcement has been notified and that all the above information was
provided.

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8.1.2 When a juvenile absconds from a facility (medium or secure detention,
shelter care, group home, or foster care), the local INS Office should handle the
matter as a reportable "incident," and the Supervisor involved should telephone the
respective Regional Juvenile Coordinator in DDP and the INS Command Center
within 24 hours of discovery of the escape. All escapes involving juveniles must also
be reported to the National Juvenile Coordinator at HQOPS. The following then
occurs: The regional office assigns an escape number. All future correspondence
about the escape will reference the assigned escape report number.
8.1.3 To start the escape investigation, the District Director or Chief Patrol Agent
will determine which section (e.g., INV, DDP, etc.) will conduct the inquiry. While the
extent of the investigation will depend on the nature of the escape, it must include
the following:






the cause of the escape;
whether proper custody procedures were followed;
what law enforcement authorities were notified;
what attempts were made to apprehend the alien; and
recommendation for corrective or disciplinary action, if necessary.

8.1.4 If the Investigating Officer determines the escape to be a result of complicity
with the escorting officer or contract guard, or if evidence exists of legal impropriety,
the Office of the Inspector General must be notified and the report so noted.11
8.1.5 In the case of a juvenile escape from INS custody following arrest or
conviction for a criminal violation-whether felonious or misdemeanor and/or before
the sentence is up (if the juvenile alien is paroled)-report the escape to the nearest
office of the U.S. Marshals Service within 1 hour of the discovery. A detailed report
must be submitted to the Regional Juvenile Coordinator or his or her designee in
DDP and to the Regional Director within 48 hours.
8.1.6 The Investigating Officer must prepare a full written report on the escape,
which will include the results of the investigation, along with the following:q This
information on required report content is taken from a 5/25/82 memo from J.F.
Salgado, Associate Commissioner, Enforcement, on "Escape Analysis and
Reporting Procedures."q


Memoranda detailing the escape from the officers or contract guards
involved.



Memoranda of review by the District Director or Chief Patrol Agent, including
any interview reviews by first or second line supervisors. In each case, the
District Director or Chief Patrol Agent will determine whether the proper
procedures were observed and if disciplinary action or further investigation is
warranted. Any remedial action taken by those field officials will be spelled
out.

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)



A transmittal memo from the Regional Office of Enforcement to HQDDP via
HQENF, setting forth agreement or disagreement with actions taken.

Normally, the completed written report should be transmitted from the Regional
Office of Enforcement to Headquarters within 30 days of the escape. If any ongoing
investigation precludes meeting that timetable, an interim report shall be forwarded
with appropriate explanation.
8.1.7 Any juvenile who is apprehended after escaping from a foster care home,
shelter, or any other INS custody will be placed in a secure juvenile detention
facility.r From a 12/4/95 memo, "Instructions for the Detention, Placement, and
Release of Chinese Juveniles," to Regional and District Directors, from the Office of
Deputy Commissioner.rAll INS field offices must devote the needed resources to
investigate and follow up on all leads in a timely manner.
8.1.8 In cases of escape by Chinese or Indian juvenile aliens from secure or
nonsecure facilities, the steps outlined above must be followed. In addition, the
procedures found in Section 3, "Special Issues and Special Populations," must also
be followed.
8.2

Proceeding with Removal Hearings

8.2.1 For juveniles who have escaped, the removal hearing should proceed and
an Order in Abstentia obtained that is consistent with the requirements of Section
242B(c) of the Immigration and Nationality Act.s From a 10/4/95 telegraphic
message from Joan Higgins, Assistant Commissioner, Detention and Deportation.
s
9.

Medical Issues

9.1

Required Medical and Health-Related Services

9.1.1 According to the Flores Agreement, all facilities used by the INS must
provide appropriate routine medical and dental care, family planning services, and
emergency health care services, including a complete medical examination within 48
hours of admission. This requirement excludes weekends and holidays, unless the
juvenile was recently examined at another facility. The medical examination should
include, at minimum, the following:





screening for infectious diseases;
appropriate immunizations in accordance with the U.S. Public Health Service
Center for Disease Control;
administration of prescribed medications and special diets; and
appropriate mental health interventions when necessary.

9.1.2 Refer to Section 5 of this manual, "Inspection Standards for Juvenile Shelter
Care and Secure Juvenile Detention Facilities," for a thorough discussion of medical

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and health-related services requirements-for both juvenile shelter care and mediumsecure/secure detention facilities.
ATTACHMENTS
Attachment 1

Jenny Lisette Flores, et al. v. Janet Reno

Jenny Lisette Flores, et al.
v.
Janet Reno
Stipulated Settlement Agreement

8/12/96
CENTER FOR HUMAN RIGHTS & CONSTITUTIONAL LAW
Carlos Holguín
Peter A. Schey
256 South Occidental Boulevard
Los Angeles, CA 90057
(213) 388-8693
NATIONAL CENTER FOR YOUTH LAW
Alice Bussiere
James Morales
114 Sansome Street, Suite 905
San Francisco, CA 94104
(415) 453-3307
Attorneys for Plaintiffs
Michael Johnson
Assistant United States Attorney
300 N. Los Angeles St., Rm. 7516
Los Angeles, CA 90012
Allen Hausman
Office of Immigration Litigation
Civil Division
U.S. Department of Justice
P.O. Box 878, Ben Franklin Station
Washington, DC 20044
Attorneys for Defendants
Additional counsel listed next page

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

JENNY LISETTE FLORES, et al.,

)

Case No. CV 85-4544-RJK(Px)

)
Plaintiffs,

)

Stipulated Settlement

)

Agreement

v. )
JANET RENO, Attorney General

)

of the United States, et al.,

)
)

Defendants.

)
)
)

Plaintiffs' Additional Counsel
ACLU Foundation of Southern California
Mark Rosenbaum
Sylvia Argueta
1616 Beverly Boulevard
Los Angeles, CA 90026
Telephone: (213) 977-9500
STREICH LANG
Susan G. Boswell
Jeffrey Willis
1500 Bank of America Plaza
33 North Stone Avenue
Tucson, AZ 85701
Telephone: (602) 770-8700
Defendants' Additional Counsel
Arthur Strathern
Mary Jane Candaux
Office of the General Counsel
U.S. Immigration & Naturalization Service
425 I St. N.W.
Washington, DC 20536

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

STIPULATED SETTLEMENT AGREEMENT
WHEREAS, Plaintiffs have filed this action against Defendants, challenging, inter
alia, the constitutionality of Defendants' policies, practices and regulations regarding
the detention and release of unaccompanied minors taken into the custody of the
Immigration and Naturalization Service (INS) in the Western Region; and
WHEREAS, the district court has certified this case as a class action on behalf of
all minors apprehended by the INS in the Western Region of the United States; and
WHEREAS, this litigation has been pending for nine (9) years, all parties have
conducted extensive discovery, and the United States Supreme Court has upheld
the constitutionality of the challenged INS regulations on their face and has
remanded for further proceedings consistent with its opinion; and
WHEREAS, on November 30, 1987, the parties reached a settlement agreement
requiring that minors in INS custody in the Western Region be housed in facilities
meeting certain standards, including state standards for the housing and care of
dependent children, and Plaintiffs' motion to enforce compliance with that settlement
is currently pending before the court; and
WHEREAS, a trial in this case would be complex, lengthy and costly to all parties
concerned, and the decision of the district court would be subject to appeal by the
losing parties with the final outcome uncertain; and
WHEREAS, the parties believe that settlement of this action is in their best
interests and best serves the interests of justice by avoiding a complex, lengthy and
costly trial, and subsequent appeals, which could last several more years;
NOW, THEREFORE, Plaintiffs and Defendants enter into this Stipulated
Settlement Agreement (the Agreement), stipulate that it constitutes a full and
complete resolution of the issues raised in this action, and agree to the following:
I

DEFINITIONS
As used throughout this Agreement, the following definitions shall apply:
1. The term "party" or "parties" shall apply to Defendants and Plaintiffs. As the
term applies to Defendants, it shall include their agents, employees, contractors
and/or successors in office. As the term applies to Plaintiffs, it shall include all class
members.
2. The term "Plaintiff" or "Plaintiffs" shall apply to the named plaintiffs and all class
members.
3. The term "class member" or "class members" shall apply to the persons
defined in Paragraph 10 below.
4. The term "minor" shall apply to any person under the age of eighteen (18)
years who is detained in the legal custody of the INS. This Agreement shall cease to
apply to any person who has reached the age of eighteen years. The term "minor"
shall not include an emancipated minor or an individual who has been incarcerated
due to a conviction for a criminal offense as an adult. The INS shall treat all persons
who are under the age of eighteen but not included within the definition of "minor" as
adults for all purposes, including release on bond or recognizance.
5. The term "emancipated minor" shall refer to any minor who has been
determined to be emancipated in an appropriate state judicial proceeding.
6. The term "licensed program" shall refer to any program, agency or organization
that is licensed by an appropriate State agency to provide residential, group, or
foster care services for dependent children, including a program operating group
homes, foster homes, or facilities for special needs minors. A licensed program must

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

also meet those standards for licensed programs set forth in Exhibit 1 attached
hereto. All homes and facilities operated by licensed programs, including facilities for
special needs minors, shall be non-secure as required under state law; provided,
however, that a facility for special needs minors may maintain that level of security
permitted under state law which is necessary for the protection of a minor or others
in appropriate circumstances, e.g., cases in which a minor has drug or alcohol
problems or is mentally ill. The INS shall make reasonable efforts to provide licensed
placements in those geographical areas where the majority of minors are
apprehended, such as southern California, southeast Texas, southern Florida and
the northeast corridor.
7. The term "special needs minor" shall refer to a minor whose mental and/or
physical condition requires special services and treatment by staff. A minor may
have special needs due to drug or alcohol abuse, serious emotional disturbance,
mental illness or retardation, or a physical condition or chronic illness that requires
special services or treatment. A minor who has suffered serious neglect or abuse
may be considered a minor with special needs if the minor requires special services
or treatment as a result of the neglect or abuse. The INS shall assess minors to
determine if they have special needs and, if so, shall place such minors, whenever
possible, in licensed programs in which the INS places children without special
needs, but which provide services and treatment for such special needs.
8. The term "medium security facility" shall refer to a facility that is operated by a
program, agency or organization licensed by an appropriate State agency and that
meets those standards set forth in Exhibit 1 attached hereto. A medium security
facility is designed for minors who require close supervision but do not need
placement in juvenile correctional facilities. It provides 24-hour awake supervision,
custody, care, and treatment. It maintains stricter security measures, such as
intensive staff supervision, than a facility operated by a licensed program in order to
control problem behavior and to prevent escape. Such a facility may have a secure
perimeter but shall not be equipped internally with major restraining construction or
procedures typically associated with correctional facilities.
II

SCOPE OF SETTLEMENT, EFFECTIVE DATE, AND PUBLICATION
9. This Agreement sets out nationwide policy for the detention, release, and
treatment of minors in the custody of the INS and shall supersede all previous INS
policies that are inconsistent with the terms of this Agreement. This Agreement shall
become effective upon final court approval, except that those terms of this
Agreement regarding placement pursuant to Paragraph 19 shall not become
effective until all contracts under the Program Announcement referenced in
Paragraph 20 below are negotiated and implemented. The INS shall make its best
efforts to execute these contracts within 120 days after the court's final approval of
this Agreement. However, the INS will make reasonable efforts to comply with
Paragraph 19 prior to full implementation of all such contracts. Once all contracts
under the Program Announcement referenced in Paragraph 20 have been
implemented, this Agreement shall supersede the agreement entitled Memorandum
of Understanding Re: Compromise of Class Action: Conditions of Detention
(hereinafter "MOU"), entered into by and between the Plaintiffs and Defendants and
filed with the United States District Court for the Central District of California on
November 30, 1987, and the MOU shall thereafter be null and void. However,
Plaintiffs shall not institute any legal action for enforcement of the MOU for a six (6)

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

month period commencing with the final district court approval of this Agreement,
except that Plaintiffs may institute enforcement proceedings if the Defendants have
engaged in serious violations of the MOU that have caused irreparable harm to a
class member for which injunctive relief would be appropriate. Within 120 days of the
final district court approval of this Agreement, the INS shall initiate action to publish
the relevant and substantive terms of this Agreement as a Service regulation. The
final regulations shall not be inconsistent with the terms of this Agreement. Within 30
days of final court approval of this Agreement, the INS shall distribute to all INS field
offices and sub-offices instructions regarding the processing, treatment, and
placement of juveniles. Those instructions shall include, but may not be limited to,
the provisions summarizing the terms of this Agreement, attached hereto as Exhibit
2.
CLASS DEFINITION
10. The certified class in this action shall be defined as follows: "All minors who
are detained in the legal custody of the INS."
IV

STATEMENTS OF GENERAL APPLICABILITY
11. The INS treats, and shall continue to treat, all minors in its custody with
dignity, respect and special concern for their particular vulnerability as minors. The
INS shall place each detained minor in the least restrictive setting appropriate to the
minor's age and special needs, provided that such setting is consistent with its
interests to ensure the minor's timely appearance before the INS and the
immigration courts and to protect the minor's well-being and that of others. Nothing
herein shall require the INS to release a minor to any person or agency whom the
INS has reason to believe may harm or neglect the minor or fail to present him or her
before the INS or the immigration courts when requested to do so.
V

PROCEDURES AND TEMPORARY PLACEMENT FOLLOWING ARREST
12.A. Whenever the INS takes a minor into custody, it shall expeditiously process
the minor and shall provide the minor with a notice of rights, including the right to a
bond redetermination hearing if applicable. Following arrest, the INS shall hold
minors in facilities that are safe and sanitary and that are consistent with the INS'
concern for the particular vulnerability of minors. Facilities will provide access to
toilets and sinks, drinking water and food as appropriate, medical assistance if the
minor is in need of emergency services, adequate temperature control and
ventilation, adequate supervision to protect minors from others, and contact with
family members who were arrested with the minor. The INS will segregate
unaccompanied minors from unrelated adults. Where such segregation is not
immediately possible, an unaccompanied minor will not be detained with an
unrelated adult for more than 24 hours. If there is no one to whom the INS may
release the minor pursuant to Paragraph 14, and no appropriate licensed program is
immediately available for placement pursuant to Paragraph 19, the minor may be
placed in an INS detention facility, or other INS-contracted facility, having separate
accommodations for minors, or a State or county juvenile detention facility. However,
minors shall be separated from delinquent offenders. Every effort must be taken to
ensure that the safety and well-being of the minors detained in these facilities are
satisfactorily provided for by the staff. The INS will transfer a minor from a placement

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

under this paragraph to a placement under Paragraph 19, (i) within three (3) days, if
the minor was apprehended in an INS district in which a licensed program is located
and has space available; or (ii) within five (5) days in all other cases; except:
1. as otherwise provided under Paragraph 13 or Paragraph 21;
2. as otherwise required by any court decree or court-approved settlement;
3. in the event of an emergency or influx of minors into the United States, in which
case the INS shall place all minors pursuant to Paragraph 19 as expeditiously as
possible; or
4. where individuals must be transported from remote areas for processing or
speak unusual languages such that the INS must locate interpreters in order to
complete processing, in which case the INS shall place all such minors pursuant to
Paragraph 19 within five (5) business days.
B. For purposes of this paragraph, the term "emergency" shall be defined as any
act or event that prevents the placement of minors pursuant to Paragraph 19 within
the time frame provided. Such emergencies include natural disasters (e.g.,
earthquakes, hurricanes, etc.), facility fires, civil disturbances, and medical
emergencies (e.g., a chicken pox epidemic among a group of minors). The term
"influx of minors into the United States" shall be defined as those circumstances
where the INS has, at any given time, more than 130 minors eligible for placement in
a licensed program under Paragraph 19, including those who have been so placed
or are awaiting such placement.
C. In preparation for an "emergency" or "influx," as described in Subparagraph B,
the INS shall have a written plan that describes the reasonable efforts that it will take
to place all minors as expeditiously as possible. This plan shall include the
identification of 80 beds that are potentially available for INS placements and that
are licensed by an appropriate State agency to provide residential, group, or foster
care services for dependent children. The plan, without identification of the additional
beds available, is attached as Exhibit 3. The INS shall not be obligated to fund these
additional beds on an ongoing basis. The INS shall update this listing of additional
beds on a quarterly basis and provide Plaintiffs' counsel with a copy of this listing.
13. If a reasonable person would conclude that an alien detained by the INS is an
adult despite his claims to be a minor, the INS shall treat the person as an adult for
all purposes, including confinement and release on bond or recognizance. The INS
may require the alien to submit to a medical or dental examination conducted by a
medical professional or to submit to other appropriate procedures to verify his or her
age. If the INS subsequently determines that such an individual is a minor, he or she
will be treated as a minor in accordance with this Agreement for all purposes.
VI

GENERAL POLICY FAVORING RELEASE
14. Where the INS determines that the detention of the minor is not required
either to secure his or her timely appearance before the INS or the immigration
court, or to ensure the minor's safety or that of others, the INS shall release a minor
from its custody without unnecessary delay, in the following order of preference, to:
A. a parent;
B. a legal guardian;
C. an adult relative (brother, sister, aunt, uncle, or grandparent);
D. an adult individual or entity designated by the parent or legal guardian as
capable and willing to care for the minor's well-being in (i) a declaration signed under

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

penalty of perjury before an immigration or consular officer or (ii) such other
document(s) that establish(es) to the satisfaction of the INS, in its discretion, the
affiant's paternity or guardianship;
E. a licensed program willing to accept legal custody; or
F. an adult individual or entity seeking custody, in the discretion of the INS, when
it appears that there is no other likely alternative to long term detention and family
reunification does not appear to be a reasonable possibility.
15. Before a minor is released from INS custody pursuant to Paragraph 14
above, the custodian must execute an Affidavit of Support (Form I-134) and an
agreement to:
A. provide for the minor's physical, mental, and financial well-being;
B. ensure the minor's presence at all future proceedings before the INS and the
immigration court;
C. notify the INS of any change of address within five (5) days following a move;
D. in the case of custodians other than parents or legal guardians, not transfer
custody of the minor to another party without the prior written permission of the
District Director;
E. notify the INS at least five days prior to the custodian's departing the United
States of such departure, whether the departure is voluntary or pursuant to a grant of
voluntary departure or order of removal; and
F. if dependency proceedings involving the minor are initiated, notify the INS of
the initiation of such proceedings and the dependency court of any immigration
proceedings pending against the minor.
In the event of an emergency, a custodian may transfer temporary physical custody
of a minor prior to securing permission from the INS but shall notify the INS of the
transfer as soon as is practicable thereafter, but in all cases within 72 hours. For
purposes of this paragraph, examples of an "emergency" shall include the serious
illness of the custodian, destruction of the home, etc. In all cases where the
custodian, in writing, seeks written permission for a transfer, the District Director
shall promptly respond to the request.
16. The INS may terminate the custody arrangements and assume legal custody
of any minor whose custodian fails to comply with the agreement required under
Paragraph 15. The INS, however, shall not terminate the custody arrangements for
minor violations of that part of the custodial agreement outlined at Subparagraph
15.C above.
17. A positive suitability assessment may be required prior to release to any
individual or program pursuant to Paragraph 14. A suitability assessment may
include such components as an investigation of the living conditions in which the
minor would be placed and the standard of care he would receive, verification of
identity and employment of the individuals offering support, interviews of members of
the household, and a home visit. Any such assessment should also take into
consideration the wishes and concerns of the minor.
18. Upon taking a minor into custody, the INS, or the licensed program in which
the minor is placed, shall make and record the prompt and continuous efforts on its
part toward family reunification and the release of the minor pursuant to Paragraph
14 above. Such efforts at family reunification shall continue so long as the minor is in
INS custody.

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

VII

INS CUSTODY
19. In any case in which the INS does not release a minor pursuant to Paragraph
14, the minor shall remain in INS legal custody. Except as provided in Paragraphs
12 or 21, such minor shall be placed temporarily in a licensed program until such
time as release can be effected in accordance with Paragraph 14 above or until the
minor's immigration proceedings are concluded, whichever occurs earlier. All minors
placed in such a licensed program remain in the legal custody of the INS and may
only be transferred or released under the authority of the INS; provided, however,
that in the event of an emergency a licensed program may transfer temporary
physical custody of a minor prior to securing permission from the INS but shall notify
the INS of the transfer as soon as is practicable thereafter, but in all cases within 8
hours.
20. Within 60 days of final court approval of this Agreement, the INS shall
authorize the United States Department of Justice Community Relations Service to
publish in the Commerce Business Daily and/or the Federal Register a Program
Announcement to solicit proposals for the care of 100 minors in licensed programs.
21. A minor may be held in or transferred to a suitable State or county juvenile
detention facility or a secure INS detention facility, or INS-contracted facility, having
separate accommodations for minors whenever the District Director or Chief Patrol
Agent determines that the minor:
A. has been charged with, is chargeable, or has been convicted of a
crime, or is the subject of delinquency proceedings, has been adjudicated
delinquent, or is chargeable with a delinquent act; provided, however, that this
provision shall not apply to any minor whose offense(s) fall(s) within either of the
following categories:
i. Isolated offenses that (1) were not within a pattern or practice of criminal activity
and (2) did not involve violence against a person or the use or carrying of a weapon
(Examples: breaking and entering, vandalism, DUI, etc. This list is not exhaustive.);
ii. Petty offenses, which are not considered grounds for stricter means of detention
in any case (Examples: shoplifting, joy riding, disturbing the peace, etc. This list is
not exhaustive.);
As used in this paragraph, "chargeable" means that the INS has probable
cause to believe that the individual has committed a specified offense;
B. has committed, or has made credible threats to commit, a violent or malicious
act (whether directed at himself or others) while in INS legal custody or while in the
presence of an INS officer;
C. has engaged, while in a licensed program, in conduct that has proven to be
unacceptably disruptive of the normal functioning of the licensed program in which
he or she has been placed and removal is necessary to ensure the welfare of the
minor or others, as determined by the staff of the licensed program (Examples: drug
or alcohol abuse, stealing, fighting, intimidation of others, etc. This list is not
exhaustive.);
D. is an escape-risk; or
E. must be held in a secure facility for his or her own safety, such as when the INS
has reason to believe that a smuggler would abduct or coerce a particular minor to
secure payment of smuggling fees.

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

22. The term "escape-risk" means that there is a serious risk that the minor will
attempt to escape from custody. Factors to consider when determining whether a
minor is an escape-risk or not include, but are not limited to, whether:
A. the minor is currently under a final order of removal or exclusion;
B. the minor's immigration history includes: a prior breach of a bond; a failure to
appear before the INS or the immigration court; evidence that the minor is indebted
to organized smugglers for his transport; or a voluntary departure or a previous
removal from the United States pursuant to a final order of removal or exclusion;
C. the minor has previously absconded or attempted to abscond from INS
custody.
23. The INS will not place a minor in a secure facility pursuant to Paragraph 21 if
there are less restrictive alternatives that are available and appropriate in the
circumstances, such as transfer to (a) a medium security facility which would provide
intensive staff supervision and counseling services or (b) another licensed program.
All determinations to place a minor in a secure facility will be reviewed and approved
by the regional juvenile coordinator.
24.A. A minor in removal proceedings shall be afforded a bond redetermination
hearing before an immigration judge in every case, unless the minor indicates on the
Notice of Custody Determination form that he or she refuses such a hearing.
B. Any minor who disagrees with the INS' determination to place that minor in a
particular type of facility, or who asserts that the licensed program in which he or she
has been placed does not comply with the standards set forth in Exhibit 1 attached
hereto, may seek judicial review in any United States District Court with jurisdiction
and venue over the matter to challenge that placement determination or to allege
noncompliance with the standards set forth in Exhibit 1. In such an action, the United
States District Court shall be limited to entering an order solely affecting the
individual claims of the minor bringing the action.
C. In order to permit judicial review of Defendants' placement decisions as
provided in this Agreement, Defendants shall provide minors not placed in licensed
programs with a notice of the reasons for housing the minor in a detention or
medium security facility. With respect to placement decisions reviewed under this
paragraph, the standard of review for the INS' exercise of its discretion shall be the
abuse of discretion standard of review. With respect to all other matters for which
this paragraph provides judicial review, the standard of review shall be de novo
review.
D. The INS shall promptly provide each minor not released with (a) INS Form I770, (b) an explanation of the right of judicial review as set out in Exhibit 6, and (c)
the list of free legal services available in the district pursuant to INS regulations
(unless previously given to the minor).
E. Exhausting the procedures established in Paragraph 37 of this Agreement
shall not be a precondition to the bringing of an action under this paragraph in any
United District Court. Prior to initiating any such action, however, the minor and/or
the minors' attorney shall confer telephonically or in person with the United States
Attorney's office in the judicial district where the action is to be filed, in an effort to
informally resolve the minor's complaints without the need of federal court
intervention.
VIII

TRANSPORTATION OF MINORS

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

25. Unaccompanied minors arrested or taken into custody by the INS should not
be transported by the INS in vehicles with detained adults except:
A. when being transported from the place of arrest or apprehension to an INS
office, or
B. where separate transportation would be otherwise impractical.
When transported together pursuant to Clause B, minors shall be separated from
adults. The INS shall take necessary precautions for the protection of the well-being
of such minors when transported with adults.
26. The INS shall assist without undue delay in making transportation
arrangements to the INS office nearest the location of the person or facility to whom
a minor is to be released pursuant to Paragraph 14. The INS may, in its discretion,
provide transportation to minors.
IX

TRANSFER OF MINORS
27. Whenever a minor is transferred from one placement to another, the minor
shall be transferred with all of his or her possessions and legal papers; provided,
however, that if the minor's possessions exceed the amount permitted normally by
the carrier in use, the possessions will be shipped to the minor in a timely manner.
No minor who is represented by counsel shall be transferred without advance notice
to such counsel, except in unusual and compelling circumstances such as where the
safety of the minor or others is threatened or the minor has been determined to be
an escape-risk, or where counsel has waived such notice, in which cases notice
shall be provided to counsel within 24 hours following transfer.
X MONITORING AND REPORTS
28A. An INS Juvenile Coordinator in the Office of the Assistant Commissioner for
Detention and Deportation shall monitor compliance with the terms of this
Agreement and shall maintain an up-to-date record of all minors who are placed in
proceedings and remain in INS custody for longer than 72 hours. Statistical
information on such minors shall be collected weekly from all INS district offices and
Border Patrol stations. Statistical information will include at least the following: (1)
biographical information such as each minor's name, date of birth, and country of
birth, (2) date placed in INS custody, (3) each date placed, removed or released, (4)
to whom and where placed, transferred, removed or released, (5) immigration status,
and (6) hearing dates. The INS, through the Juvenile Coordinator, shall also collect
information regarding the reasons for every placement of a minor in a detention
facility or medium security facility.
B. Should Plaintiffs' counsel have reasonable cause to believe that a minor in INS
legal custody should have been released pursuant to Paragraph 14, Plaintiffs'
counsel may contact the Juvenile Coordinator to request that the Coordinator
investigate the case and inform Plaintiffs' counsel of the reasons why the minor has
not been released.
29. On a semi-annual basis, until two years after the court determines, pursuant
to Paragraph 31, that the INS has achieved substantial compliance with the terms of
this Agreement, the INS shall provide to Plaintiffs' counsel the information collected
pursuant to Paragraph 28, as permitted by law, and each INS policy or instruction
issued to INS employees regarding the implementation of this Agreement. In

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

addition, Plaintiffs' counsel shall have the opportunity to submit questions, on a semiannual basis, to the Juvenile Coordinator in the Office of the Assistant Commissioner
for Detention and Deportation with regard to the implementation of this Agreement
and the information provided to Plaintiffs' counsel during the preceding six-month
period pursuant to Paragraph 28. Plaintiffs' counsel shall present such questions
either orally or in writing, at the option of the Juvenile Coordinator. The Juvenile
Coordinator shall furnish responses, either orally or in writing at the option of
Plaintiffs' counsel, within 30 days of receipt.
30. On an annual basis, commencing one year after final court approval of this
Agreement, the INS Juvenile Coordinator shall review, assess, and report to the
court regarding compliance with the terms of this Agreement. The Coordinator shall
file these reports with the court and provide copies to the parties, including the final
report referenced in Paragraph 35, so that they can submit comments on the report
to the court. In each report, the Coordinator shall state to the court whether or not
the INS is in substantial compliance with the terms of this Agreement, and, if the INS
is not in substantial compliance, explain the reasons for the lack of compliance. The
Coordinator shall continue to report on an annual basis until three years after the
court determines that the INS has achieved substantial compliance with the terms of
this Agreement.
31. One year after the court's approval of this Agreement, the Defendants may
ask the court to determine whether the INS has achieved substantial compliance
with the terms of this Agreement.
XI

ATTORNEY-CLIENT VISITS
32.A. Plaintiffs' counsel are entitled to attorney-client visits with class members
even though they may not have the names of class members who are housed at a
particular location. All visits shall occur in accordance with generally applicable
policies and procedures relating to attorney-client visits at the facility in question.
Upon Plaintiffs' counsel's arrival at a facility for attorney-client visits, the facility staff
shall provide Plaintiffs' counsel with a list of names and alien registration numbers for
the minors housed at that facility. In all instances, in order to memorialize any visit to
a minor by Plaintiffs' counsel, Plaintiffs' counsel must file a notice of appearance with
the INS prior to any attorney-client meeting. Plaintiffs' counsel may limit any such
notice of appearance to representation of the minor in connection with this
Agreement. Plaintiffs' counsel must submit a copy of the notice of appearance by
hand or by mail to the local INS juvenile coordinator and a copy by hand to the staff
of the facility.
B. Every six months, Plaintiffs' counsel shall provide the INS with a list of those
attorneys who may make such attorney-client visits, as Plaintiffs' counsel, to minors
during the following six month period. Attorney-client visits may also be conducted
by any staff attorney employed by the Center for Human Rights & Constitutional Law
in Los Angeles, California or the National Center for Youth Law in San Francisco,
California, provided that such attorney presents credentials establishing his or her
employment prior to any visit.
C. Agreements for the placement of minors in non-INS facilities shall permit
attorney-client visits, including by class counsel in this case.

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D. Nothing in Paragraph 32 shall affect a minor's right to refuse to meet with
Plaintiffs' counsel. Further, the minor's parent or legal guardian may deny Plaintiffs'
counsel permission to meet with the minor.
XII

FACILITY VISITS
33. In addition to the attorney-client visits permitted pursuant to Paragraph 32,
Plaintiffs' counsel may request access to any licensed program's facility in which a
minor has been placed pursuant to Paragraph 19 or to any medium security facility
or detention facility in which a minor has been placed pursuant to Paragraphs 21 or
23. Plaintiffs' counsel shall submit a request to visit a facility under this paragraph to
the INS district juvenile coordinator who will provide reasonable assistance to
Plaintiffs' counsel by conveying the request to the facility's staff and coordinating the
visit. The rules and procedures to be followed in connection with any visit approved
by a facility under this paragraph are set forth in Exhibit 4 attached, except as may
be otherwise agreed by Plaintiffs' counsel and the facility's staff. In all visits to any
facility pursuant to this Agreement, Plaintiffs' counsel and their associated experts
shall treat minors and staff with courtesy and dignity and shall not disrupt the normal
functioning of the facility.
XIII
TRAINING
34. Within 120 days of final court approval of this Agreement, the INS shall
provide appropriate guidance and training for designated INS employees regarding
the terms of this Agreement. The INS shall develop written and/or audio or video
materials for such training. Copies of such written and/or audio or video training
materials shall be made available to Plaintiffs' counsel when such training materials
are sent to the field, or to the extent practicable, prior to that time.
XIV DISMISSAL
35. After the court has determined that the INS is in substantial compliance with
this Agreement and the Coordinator has filed a final report, the court, without further
notice, shall dismiss this action. Until such dismissal, the court shall retain
jurisdiction over this action.
XV

RESERVATION OF RIGHTS
36. Nothing in this Agreement shall limit the rights, if any, of individual class
members to preserve issues for judicial review in the appeal of an individual case or
for class members to exercise any independent rights they may otherwise have.
XVI NOTICE AND DISPUTE RESOLUTION
37. This paragraph provides for the enforcement, in this District Court, of the
provisions of this Agreement except for claims brought under Paragraph 24. The
parties shall meet telephonically or in person to discuss a complete or partial
repudiation of this Agreement or any alleged non-compliance with the terms of the
Agreement, prior to bringing any individual or class action to enforce this Agreement.
Notice of a claim that a party has violated the terms of this Agreement shall be
served on plaintiffs addressed to:
CENTER FOR HUMAN RIGHTS & CONSTITUTIONAL LAW

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

Carlos Holguín
Peter A. Schey
256 South Occidental Boulevard
Los Angeles, CA 90057
NATIONAL CENTER FOR YOUTH LAW
Alice Bussiere
James Morales
114 Sansome Street, Suite 905
San Francisco, CA 94104
and on Defendants addressed to:
Michael Johnson
Assistant United States Attorney
300 N. Los Angeles St., Rm. 7516
Los Angeles, CA 90012
Allen Hausman
Office of Immigration Litigation
Civil Division
U.S. Department of Justice
P.O. Box 878, Ben Franklin Station
Washington, DC 20044
XVII PUBLICITY
38. Plaintiffs and Defendants shall hold a joint press conference to announce this
Agreement. The INS shall send copies of this Agreement to social service and
voluntary agencies agreed upon by the parties, as set forth in Exhibit 5 attached.
The parties shall pursue such other public dissemination of information regarding
this Agreement as the parties shall agree.
XVIII ATTORNEYS' FEES AND COSTS
39. Within 60 days of final court approval of this Agreement, Defendants shall pay
to Plaintiffs the total sum of $374,110.09, in full settlement of all attorneys' fees and
costs in this case.
XIX TERMINATION
40. All terms of this Agreement shall terminate the earlier of five years after the
date of final court approval of this Agreement or three years after the court
determines that the INS is in substantial compliance with this Agreement, except that
the INS shall continue to house the general population of minors in INS custody in
facilities that are licensed for the care of dependent minors.
XX

REPRESENTATIONS AND WARRANTY
41. Counsel for the respective parties, on behalf of themselves and their clients,
represent that they know of nothing in this Agreement that exceeds the legal

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authority of the parties or is in violation of any law. Defendants' counsel represent
and warrant that they are fully authorized and empowered to enter into this
Agreement on behalf of the Attorney General, the United States Department of
Justice, and the Immigration and Naturalization Service, and acknowledge that
Plaintiffs enter into this Agreement in reliance on such representation. Plaintiffs'
counsel represent and warrant that they are fully authorized and empowered to enter
into this Agreement on behalf of the Plaintiffs, and acknowledge that Defendants
enter into this Agreement in reliance on such representation. The undersigned, by
their signatures on behalf of the Plaintiffs and Defendants, warrant that upon
execution of this Agreement in their representative capacities, their principals,
agents, and successors of such principals and agents shall be fully and
unequivocally bound hereunder to the full extent authorized by law.
For Defendants:
Signed:___________________________________Title:___________________
Dated:______________________
For Plaintiffs:
Signed:___________________________________Title:___________________
Dated:______________________
EXHIBIT 1
Minimum Standards for Licensed Programs
A. Licensed programs shall comply with all applicable state child welfare laws and
regulations and all state and local building, fire health and safety codes and shall
provide or arrange for the following services for each minor in its care:
1. Proper physical care and maintenance, including suitable living
accommodations, food, appropriate clothing, and personal grooming items.
2. Appropriate routing medical and dental care, family planning services, and
emergency health care services, including a complete medical examination
(including screening for infectious disease) within 48 hours of admission, excluding
weekends and holidays, unless the minor was recently examined at another facility;
appropriate immunizations in accordance with the U.S. Public Health Service (PHS),
Center for Disease Control; administration of prescribed medication and special
diets; appropriate mental health interventions when necessary.
3. An individualized needs assessment which shall include: (a) various initial
intake forms; (b) essential data relating to the identification and history of the minor
and family; (c) identification of the minors' special needs including any specific
problem(s) which appear to require immediate intervention; (d) an educational
assessment and plan; (e) an assessment of family relationships and interaction with
adults, peers and authority figures; (f) a statement of religious preference and
practice; (g) an assessment of the minor's personal goals, strengths and
weaknesses; and (h) identifying information regarding immediate family members,

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other relatives, godparents or friends who may be residing in the United States and
may be able to assist in family reunification.
4. Educational services appropriate to the minor's level of development, and
communication skills in a structured classroom setting, Monday through Friday,
which concentrates primarily on the development of basic academic competencies
and secondarily on English Language Training (ELT). The educational program shall
include instruction and educational and other reading materials in such languages as
needed. Basic academic areas should include Science, Social Studies, Math,
Reading, Writing and Physical Education. The program shall provide minors with
appropriate reading materials in languages other than English for use during the
minor's leisure time.
5. Activities according to a recreation and leisure time plan which shall include
daily outdoor activity, weather permitting, at least one hour per day of large muscle
activity and one hour per day of structured leisure time activities (this should not
include time spent watching television). Activities should be increased to a total of
three hours on days when school is not in session.
6. At least one (1) individual counseling session per week conducted by trained
social work staff with the specific objectives of reviewing the minor's progress,
establishing new short term objectives, and addressing both the developmental and
crisis-related needs of each minor.
7. Group counseling sessions at least twice a week. This is usually an informal
process and takes place with all the minors present. It is a time when new minors
are given the opportunity to get acquainted with the staff, other children, and the
rules of the program. It is an open forum where everyone gets a chance to speak.
Daily program management is discussed and decision are made about recreational
activities, etc. It is a time for staff and minors to discuss whatever is on their minds
and to resolve problems.
8. Acculturation and adaptation services which include information regarding the
development of social and inter-personal skills which contribute to those abilities
necessary to live independently and responsibly.
9. Upon admission, a comprehensive orientation regarding program intent,
services, rules (written and verbal), expectations and the availability of legal
assistance.
10. Whenever possible, access to religious services of the minor's choice.
11. Visitation and contact with family members (regardless of their immigration
status), which is structured to encourage such visitation. The staff shall respect the
minor's privacy while reasonably preventing the unauthorized release of the minor.
12. A reasonable right to privacy, which shall include the right to (a) wear his or
her own clothes, when available; (b) retain a private space in the residential facility,
group or foster home for the storage of personal belongings; (c) talk privately on the
phone, as permitted by the house rules and regulations; (d) visit privately with
guests, as permitted by the house rules and regulations; and (e) receive and send
uncensored mail unless there is a reasonable belief that the mail contains
contraband.
13. Family reunification services designed to identify relatives in the United States
as well as in foreign countries and assistance in obtaining legal guardianship when
necessary for the release of the minor.

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14. Legal services information regarding the availability of free legal assistance,
the right to be represented by counsel at no expense to the government, the right to
a removal or exclusion hearing before an immigration judge, the right to apply for
political asylum or to request voluntary departure in lieu of removal.
B. Service delivery is to be accomplished in a manner which is sensitive to the
age, culture, native language and the complex needs of each minor.
C. Program rules and discipline standards shall be formulated with consideration
for the range of ages and maturity in the program and shall be culturally sensitive to
the needs of alien minors. Minors shall not be subjected to corporal punishment,
humiliation, mental abuse, or punitive interference with the daily functions of living,
such as eating or sleeping. Any sanctions employed shall not: (1) adversely affect
either a minor's health, or physical or psychological well-being; or (2) deny minors
regular meals, sufficient sleep, exercise, medical care, correspondence privileges, or
legal assistance.
D. A comprehensive and realistic individual plan for the care of each minor must
be developed in accordance with the minor's needs as determined by the
individualized needs assessment. Individual plans shall be implemented and closely
coordinated through an operative case management system.
E. Programs shall develop, maintain, and safeguard individual client case
records. Agencies and organizations are required to develop a system of
accountability which preserves the confidentiality of client information and protects
the records from unauthorized use or disclosure.
F. Programs shall maintain adequate records and make regular reports as
required by the INS that permit the INS to monitor and enforce this order and other
requirements and standards as the INS may determine are in the best interests of
the minors.
EXHIBIT 2
(new)
Instructions to Service Officers re:
Processing, Treatment, and Placement of Minors
These instructions are to advise Service officers of INS policy regarding the way in
which minors in INS custody are processed, housed and released. These
instructions are applicable nationwide and supersede all prior inconsistent
instructions regarding minors.
(a) Minors. A minor is a person under the age of eighteen years. However,
individuals who have been emancipated by a state court or convicted and
incarcerated for a criminal offense as an adult are not considered minors. Such
individuals must be treated as adults for all purposes, including confinement and
release on bond.
Similarly, if a reasonable person would conclude that an individual is an adult despite
his or her claims to be a minor, the INS shall treat such person as an adult for all
purposes, including confinement and release on bond or recognizance. The INS may
require such an individual to submit to a medical or dental examination conducted by

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

a medical professional or to submit to other appropriate procedures to verify his or
her age. If the INS subsequently determines that such an individual is a minor, he or
she will be treated as a minor for all purposes.
(b) General policy. The INS treats and will continue to treat minors with dignity,
respect and special concern for their particular vulnerability. INS policy is to place
each detained minor in the least restrictive setting appropriate to the minor's age and
special needs, provided that such setting is consistent with the need to ensure the
minor's timely appearance in court and to protect the minor's well-being and that of
others. INS officers are not required to release a minor to any person or agency
whom they have reason to believe may harm or neglect the minor or fail to present
him or her before the INS or the immigration courts when requested to do so.
(c) Processing. The INS will expeditiously process minors and will provide a Form I770 notice of rights, including the right to a bond redetermination hearing, if
applicable.
Following arrest, the INS will hold minors in a facility that is safe and sanitary and
that is consistent with the INS' concern for the particular vulnerability of minors. Such
facilities will have access to toilets and sinks, drinking water and food as appropriate,
medical assistance if the minor is in need of emergency services, adequate
temperature control and ventilation, adequate supervision to protect minors from
others, and contact with family members who were arrested with the minor. The INS
will separate unaccompanied minors from unrelated adults whenever possible.
Where such segregation is not immediately possible, an unaccompanied minor will
not be detained with an unrelated adult for more than 24 hours.
If the juvenile cannot be immediately released, and no licensed program (described
below) is available to care for him or her, s/he should be placed in an INS or INScontract facility that has separate accommodations for minors, or in a State or county
juvenile detention facility that separates minors in INS custody from delinquent
offenders. The INS will make every effort to ensure the safety and well-being of
juveniles placed in these facilities.
(d) Release. The INS will release minors from its custody without unnecessary delay,
unless detention of a juvenile is required to secure his or her timely appearance or to
ensure the minor's safety or that of others. Minors shall be released, in the following
order of preference, to:
(i) a parent;
(ii) a legal guardian;
(iii) an adult relative (brother, sister, aunt, uncle, or grandparent);
(iv) an adult individual or entity designated by the parent or legal guardian as
capable and willing to care for the minor's well-being in (i) a declaration signed under

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

penalty of perjury before an immigration or consular officer, or (ii) such other
documentation that establishes to the satisfaction of the INS, in its discretion, that
the individual designating the individual or entity as the minor's custodian is in fact
the minor's parent or guardian;
(v) a state-licensed juvenile shelter, group home, or foster home willing to accept
legal custody (as opposed to only physical custody); or
(vi) an adult individual or entity seeking custody, in the discretion of the INS, when it
appears that there is no other likely alternative to long term detention and family
reunification does not appear to be a reasonable possibility.
(e) Certification of custodian. Before a minor is released, the custodian must execute
an Affidavit of Support (Form I-134) and an agreement to:
(i) provide for the minor's physical, mental, and financial well-being;
(ii) ensure the minor's presence at all future proceedings before the INS and the
immigration court;
(iii) notify the INS of any change of address within five (5) days following a move;
(iv) if the custodian is not a parent or legal guardian, not transfer custody of the
minor to another party without the prior written permission of the District Director;
(v) notify the INS at least five days prior to the custodian's departure from the United
States, whether the departure is voluntary or pursuant to a grant of voluntary
departure or order of removal; and
(vi) if dependency proceedings involving the minor are initiated in state court, notify
the INS of the initiation of such proceedings and the dependency court of any
removal proceedings pending against the minor.
In an emergency, a custodian may transfer temporary physical custody of a minor
prior to securing permission from the INS, but must notify the INS of the transfer as
soon as is practicable, and in all cases within 72 hours. Examples of an "emergency"
include the serious illness of the custodian, destruction of the home, etc. In all cases
where the custodian seeks written permission for a transfer, the District Director shall
promptly respond to the request.
The INS may terminate the custody arrangements and assume legal custody of any
minor whose custodian fails to comply with the agreement. However, custody
arrangements will not be terminated for minor violations of the custodian's obligation
to notify the INS of any change of address within five days following a move.
(f) Suitability assessment. An INS officer may require a positive suitability
assessment prior to releasing a minor to any individual or program. A suitability

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assessment may include an investigation of the living conditions in which the minor
is to be placed and the standard of care s/he would receive, verification of identity
and employment of the individuals offering support, interviews of members of the
household, and a home visit. The assessment will also take into consideration the
wishes and concerns of the minor.
(g) Family reunification. Upon taking a minor into custody, the INS, or the licensed
program in which the minor is placed, will promptly attempt to reunite the minor with
his or her family to permit the release of the minor under Paragraph (d) above. Such
efforts at family reunification will continue as long as the minor is in INS or licensed
program custody and will be recorded by the INS or the licensed program in which
the minor is placed.
(h) Placement in licensed programs. A "licensed program" is any program, agency or
organization licensed by an appropriate state agency to provide residential, group, or
foster care services for dependent children, including a program operating group
homes, foster homes, or facilities for special needs minors. Exhibit 1 of the Flores v.
Reno Settlement Agreement describes the standards required of licensed programs.
Juveniles who remain in INS custody must be placed in a licensed program within
three calendar days if the minor was apprehended in an INS district in which a
licensed program is located and has space available, or within five calendar days in
all other cases, except when:
(i) the minor falls under Paragraph (i), "Secure and supervised detention," below;
(ii) the INS reasonably believes the alien is an adult and is conducting medical or
dental examinations to determine age;
(iii) a court decree or court-approved settlement requires otherwise;
(iv) an emergency (such as a natural disaster, fire, civil disturbance, or medical
emergency) or influx of minors into the United States (meaning the INS has more
than 130 minors in custody) prevents compliance, in which case all minors should be
placed in licensed programs as expeditiously as possible; or
(v) the minor must be transported from remote areas for processing or speaks an
unusual language such that a special interpreter is required to process the minor, in
which case the minor must be placed in a licensed program within five business
days.
(vi) Secure and supervised detention. A minor may be held in or transferred to a
State or county juvenile detention facility or in a secure INS facility or INS-contracted
facility having separate accommodations for minors, whenever the District Director
or Chief Patrol Agent determines that the minor:

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(i) has been charged with, is chargeable, or has been convicted of a crime, or is the
subject of delinquency proceedings, has been adjudicated delinquent, or is
chargeable with a delinquent act, unless the minor's offense is:
(a) an isolated offense not within a pattern of criminal activity which did not involve
violence against a person or the use or carrying of a weapon (Examples: breaking
and entering, vandalism, DUI, etc.); or
(b) a petty offense which is not considered grounds for stricter means of detention in
any case (Examples: shoplifting, joy riding, disturbing the peace, etc.);
(ii) has committed, or has made credible threats to commit, a violent or malicious act
(whether directed at him- or herself or others) while in INS legal custody or while in
the presence of an INS officer;
(iii) has engaged, while in a licensed program, in conduct that has proven to be
unacceptably disruptive of the normal functioning of the licensed program in which
he or she has been placed and removal is necessary to ensure the welfare of the
minor or others, as determined by the staff of the licensed program (Examples: drug
or alcohol abuse, stealing, fighting, intimidation of others, etc.);
(iv) is an escape-risk; or
(v) must be held in a secure facility for his or her own safety, such as when the INS
has reason to believe that a smuggler would abduct or coerce a particular minor to
secure payment of smuggling fees.
A "chargeable" offense means that the INS has probable cause to believe that the
individual has committed a specified offense.
The term "escape-risk" means that there is a serious risk that the minor will attempt
to escape from custody. Factors to consider when determining whether a minor is an
escape-risk or not include, but are not limited to, whether:
(a) the minor is currently under a final order of removal;
(b) the minor's immigration history includes: a prior breach of a bond; a failure to
appear before the INS or the immigration court; evidence that the minor is indebted
to organized smugglers for his or her transport; or a voluntary departure or a
previous removal from the United States pursuant to a final order of removal;
(c) the minor has previously absconded or attempted to abscond from INS custody.
The INS will not place a minor in a State or county juvenile detention facility, secure
INS detention facility, or secure INS-contracted facility if less restrictive alternatives
are available and appropriate in the circumstances, such as transfer to another
licensed program or transfer to a medium security facility. A "medium security

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facility" may have a secure perimeter but cannot have major internal restraining
construction, such as locked cells. A medium security facility must otherwise meet all
the standards of a licensed program and provide intensive staff supervision and
counseling services.
All determinations to place a minor in a secure facility will be reviewed and approved
by the regional Juvenile Coordinator. INS officers must also provide any minor not
placed in a licensed program with a written notice of the reasons for housing the
minor in a secure or medium security facility.
(j) Notice of right to bond redetermination and judicial review of placement. A minor
in removal proceedings shall be afforded a bond redetermination hearing before an
immigration judge in every case, unless the minor indicates on the Notice of Custody
Determination form that he or she refuses such a hearing. A juvenile who is not
released or placed in a licensed program shall be provided (1) a written explanation
of the right of judicial review (copy attached) and (2) the list of free legal services
providers compiled pursuant to INS regulations (unless previously given to the
minor).
(k) Transportation and transfer. Unaccompanied minors should not be transported in
vehicles with detained adults except when being transported from the place of arrest
or apprehension to an INS office or where separate transportation would be
otherwise impractical, in which case minors shall be separated from adults. INS
officers shall take all necessary precautions for the protection of minors during
transportation with adults.
When a minor is to be released, the INS will assist him or her in making
transportation arrangements to the INS office nearest the location of the person (or
facility) to whom a minor is to be released. The INS may, in its discretion, provide
transportation to such minors.
Whenever a minor is transferred from one placement to another, s/he shall be
transferred with all of his or her possessions and legal papers; provided, however,
that if the minor's possessions exceed the amount permitted normally by the carrier
in use, the possessions must be shipped to the minor in a timely manner. No minor
who is represented by counsel should be transferred without advance notice to
counsel, except in unusual and compelling circumstances such as where the safety
of the minor or others is threatened or the minor has been determined to be an
escape-risk, or where counsel has waived notice, in which cases notice must be
provided to counsel within 24 hours following transfer.
(l) Periodic reporting. Statistical information on minors placed in proceedings who
remain in INS custody for longer than 72 hours must be reported to the Juvenile
Coordinator by all INS district offices and Border Patrol stations. Information will
include: (a) biographical information, including the minor's name, date of birth, and
country of birth, (b) date placed in INS custody, (c) each date placed, removed or
released, (d) to whom and where placed, transferred, removed or released, (e)
immigration status, and (f) hearing dates. INS officers should also inform the

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Juvenile Coordinator of the reasons for placing a minor in a medium-security facility
or detention facility as described in paragraph (I).
(m) Attorney-client visits by Plaintiffs' counsel. The INS will permit the lawyers for the
Flores v. Reno plaintiff class to visit minors, even though they may not have the
names of minors who are housed at a particular location. A list of Plaintiffs' counsel
entitled to make attorney-client visits with minors is available from the district
Juvenile Coordinator. Attorney-client visits may also be conducted by any staff
attorney employed by the Center for Human Rights & Constitutional Law of Los
Angeles, California, or the National Center for Youth Law of San Francisco,
California, provided that such attorney presents credentials establishing his or her
employment prior to any visit.
Visits must occur in accordance with generally applicable policies and procedures
relating to attorney-client visits at the facility in question. Upon Plaintiffs' counsel's
arrival at a facility for attorney-client visits, the facility staff must provide Plaintiffs'
counsel with a list of names and alien registration numbers for the minors housed at
that facility. In all instances, in order to memorialize any visit to a minor by Plaintiffs'
counsel, Plaintiffs' counsel must file a notice of appearance with the INS prior to any
attorney-client meeting. Plaintiffs' counsel may limit the notice of appearance to
representation of the minor in connection with his placement or treatment during INS
custody. Plaintiffs' counsel must submit a copy of the notice of appearance by hand
or by mail to the local INS juvenile coordinator and a copy by hand to the staff of the
facility.
A minor may refuse to meet with Plaintiffs' counsel. Further, the minor's parent or
legal guardian may deny Plaintiffs' counsel permission to meet with the minor.
(n) Visits to licensed facilities. In addition to the attorney-client visits, Plaintiffs'
counsel may request access to a licensed program's facility (described in paragraph
(h)) or to a medium-security facility or detention facility (described in paragraph (i)) in
which a minor has been placed. The district juvenile coordinator will convey the
request to the facility's staff and coordinate the visit. The rules and procedures to be
followed in connection with such visits are set out in Exhibit 4 of the Flores v. Reno
Settlement Agreement, unless Plaintiffs' counsel and the facility's staff agree
otherwise. In all visits to any facility, Plaintiffs' counsel and their associated experts
must treat minors and staff with courtesy and dignity and must not disrupt the normal
functioning of the facility.
EXHIBIT 3
Contingency Plan
In the event of an emergency or influx that prevents the prompt placement of
minors in licensed programs with which the Community Relations Service has
contracted, INS policy is to make all reasonable efforts to place minors in programs
licensed by an appropriate state agency as expeditiously as possible. An
"emergency" is an act or event, such as a natural disaster (e.g., earthquake, fire,

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hurricane), facility fire, civil disturbance, or medical emergency (e.g., a chicken pox
epidemic among a group of minors) that prevents the prompt placement of minors in
licensed facilities. An "influx" is defined as any situation in which there are more than
130 minors in the custody of the INS who are eligible for placement in licensed
programs.
1. The Juvenile Coordinator will establish and maintain an Emergency Placement
List of at least 80 beds at programs licensed by an appropriate state agency that are
potentially available to accept emergency placements. These 80 placements would
supplement the 130 placements that the INS normally has available, and whenever
possible, would meet all standards applicable to juvenile placements the INS
normally uses. The Juvenile Coordinator may consult with child welfare specialists,
group home operators, and others in developing the List. The Emergency Placement
List will include the facility name; the number of beds potentially available at the
facility; the name and telephone number of contact persons; the name and
telephone number of contact persons for nights, holidays, and weekends if different;
any restrictions on minors accepted (e.g., age); and any special services that are
available.
2. The Juvenile Coordinator will maintain a list of minors affected by the
emergency or influx, including (1) the minor's name, (2) date and country of birth, (3)
date placed in INS custody, and (4) place and date of current placement.
3. Within one business day of the emergency or influx the Juvenile Coordinator or
his or her designee will contact the programs on the Emergency Placement List to
determine available placements. As soon as available placements are identified, the
Juvenile Coordinator will advise appropriate INS staff of their availability. To the
extent practicable, the INS will attempt to locate emergency placements in
geographic areas where culturally and linguistically appropriate community services
are available.
4. In the event that the number of minors needing emergency placement exceeds
the available appropriate placements on the Emergency Placement List, the Juvenile
Coordinator will work with the Community Relations Service to locate additional
placements through licensed programs, county social services departments, and
foster family agencies.
5. Each year the INS will reevaluate the number of regular placements needed for
detained minors to determine whether the number of regular placements should be
adjusted to accommodate an increased or decreased number of minors eligible for
placement in licensed programs. However, any decision to increase the number of
placements available shall be subject to the availability of INS resources. The
Juvenile Coordinator shall promptly provide Plaintiffs' counsel with any reevaluation
made by INS pursuant to this paragraph.
6. The Juvenile Coordinator shall provide to Plaintiffs' counsel copies of the
Emergency Placement List within six months after the court's final approval of the
Settlement Agreement.
EXHIBIT 4
Agreement Concerning Facility Visits Under Paragraph 33

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The purpose of facility visits under paragraph 33 is to interview class members
and staff and to observe conditions at the facility. Visits under paragraph 33 shall be
conducted in accordance with the generally applicable policies and procedures of
the facility to the extent that those policies and procedures are consistent with this
Exhibit.
Visits authorized under paragraph 33 shall be scheduled no less than seven (7)
business days in advance. The names, positions, credentials, and professional
association (e.g., Center for Human Rights and Constitutional Law) of the visitors will
be provided at that time.
All visits with class members shall take place during normal business hours.
No video recording equipment or cameras of any type shall be permitted. Audio
recording equipment shall be limited to hand-held tape recorders.
The number of visitors will not exceed six (6) or, in the case of a family foster
home, four (4), including interpreters, in any instance. Up to two (2) of the visitors
may be non-attorney experts in juvenile justice and/or child welfare.
No visit will extend beyond three (3) hours per day in length. Visits shall minimize
disruption to the routine that minors and staff follow.
EXHIBIT 5
List of Organizations to Receive Information re: Settlement Agreement
Eric Cohen, Immig. Legal Resource Center, 1663 Mission St. Suite 602, San
Francisco, CA 94103
Cecilia Munoz, Nat'l Council Of La Raza, 810 1st St. NE Suite 300, Washington,
D.C. 20002
Susan Alva, Immig. & Citiz. Proj Director, Coalition For Humane Immig. Rights of LA,
1521 Wilshire Blvd., Los Angeles, CA 90017
Angela Cornell, Albuquerque Border Cities Proj., Box 35895, Albuquerque, NM
87176-5895
Beth Persky, Executive Director, Centro De Asuntos Migratorios, 1446 Front Street,
Suite 305, San Diego, CA 92101
Dan, Kesselbrenner, , National Lawyers Guild, National Immigration Project, 14
Beacon St., #503, Boston, MA 02108
Lynn Marcus, SWRRP, 64 E. Broadway, Tucson, AZ 85701-1720

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

Maria Jimenez, American Friends Service Cmte., ILEMP, 3522 Polk Street, Houston,
TX 77003-4844
Wendy Young, U.S. Cath. Conf., 3211 4th St. NE, Washington, DC, 20017-1194
Miriam Hayward, International Institute Of The East Bay, 297 Lee Street, Oakland,
CA 94610
Emily Goldfarb, Coalition For Immigrant & Refugee Rights, 995 Market Street, Suite
1108, San Francisco, CA 94103
Jose De La Paz, Director, California Immigrant Workers Association, 515 S. Shatto
Place, Los Angeles, CA, 90020
Annie Wilson, LIRS, 390 Park Avenue South, First Asylum Concerns, New York, NY
10016
Stewart Kwoh, Asian Pacific American Legal Center, 1010 S. Flower St., Suite 302,
Los Angeles, CA 90015
Warren Leiden, Executive Director, AILA, 1400 Eye St., N.W., Ste. 1200,
Washington, DC, 20005
Frank Sharry, Nat'l Immig. Ref. & Citiz. Forum, 220 I Street N.E., Ste. 220,
Washington, D.C. 20002
Reynaldo Guerrero, Executive Director, Center For Immigrant's Rights, 48 St. Marks
Place, New York, NY 10003
Charles Wheeler, National Immigration Law Center, 1102 S. Crenshaw Blvd., Suite
101, Los Angeles, CA 90019
Deborah A. Sanders, Asylum & Ref. Rts. Law Project, Washington Lawyers Comm.,
1300 19th Street, N.W., Suite 500, Washington, D.C. 20036
Stanley Mark, Asian American Legal Def. & Ed. Fund, 99 Hudson St., 12th Floor,
New York, NY 10013
Sid Mohn, Executive Director, Travelers & Immigrants Aid, 327 S. LaSalle Street,
Suite 1500, Chicago, IL, 60604
Bruce Goldstein, Attornet At Law, Farmworker Justice Fund, Inc., 2001 S Street,
N.W., Suite 210, Washington, DC 20009
Ninfa Krueger, Director, BARCA, 1701 N. 8th Street, Suite B-28, McAllen, TX 78501
John Goldstein, Proyecto San Pablo, PO Box 4596, Yuma, AZ 85364

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

Valerie Hink, Attorney At Law, Tucson Ecumenical Legal Assistance, P.O. Box 3007,
Tucson, AZ 85702
Pamela Mohr, Executive Director, Alliance For Children's Rights, 3708 Wilshire
Blvd., Suite 720, Los Angeles, CA 90010
Pamela Day, Child Welfare League Of America, 440 1st St. N.W., Washington, DC
20001
Susan Lydon, Esq., Immigrant Legal Resource Center, 1663 Mission St., Ste 602,
San Francisco, CA 94103
Patrick Maher, Juvenile Project, Centro De Asuntos Migratorios, 1446 Front Street, #
305, San Diego, CA 92101
Lorena Munoz, Staff Attorney, Legal Aid Foundation of LA-IRO, 1102 Crenshaw
Blvd., Los Angeles, CA 90019
Christina Zawisza, Staff Attorney, Legal Services of Greater Miami, 225 N.E. 34th
Street, Suite 300, Miami, FL 33137
Miriam Wright Edelman, Executive Director, Children's Defense Fund, 122 C Street
N.W., 4th Floor, Washington, DC 20001
Rogelio Nunez, Executive Director, Proyecto Libertad, 113 N. First St., Harlingen, TX
78550
EXHIBIT 6
Notice of Right to Judicial Review
"The INS usually houses persons under the age of 18 in an open setting, such as a
foster or group home, and not in detention facilities. If you believe that you have not
been properly placed or that you have been treated improperly, you may ask a
federal judge to review your case. You may call a lawyer to help you do this. If you
cannot afford a lawyer, you may call one from the list of free legal services given to
you with this form."
Attachment 2

Perez-Funez Rights Advisal

Perez-Funez Rights Advisal
JOSE ANTONIO PEREZ-FUNEZ V. INS, ET AL.
GENERAL ADVISAL
The following is to be given orally in English or Spanish or any other language
understood by the detainee:

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

You are being detained by the United States Immigration and Naturalization
Service. I am handing you a written notice that describes your rights. Please read
this notice carefully before deciding whether you wish to agree to be removed from
the United States voluntarily, demand a removal hearing, request political asylum, or
apply for any other available form or relief. You must sign a copy of the notice to
show that you have received it. If you cannot read, please tell me and I will read the
notice to you.
NOTICE OF RIGHTS
[To be printed in English and Spanish]
This is an advisal of your legal rights and alternatives. Do not sign any waiver of your
rights until you have either read this notice, or have had this notice read to you, and
until you understand your rights.
1. Right To Be Represented by an Attorney
You have the right to be represented by an attorney of your choice at your own
expense. If you wish legal advice and cannot afford a lawyer, you may contact one
of the lawyers listed on the attached sheet who provide free legal services. If you
wish to contact an attorney, you should so inform me after you have read, or have
had read to you, this notice.
2. Right to a Removal Hearing
You have the right to a removal hearing to determine whether you are lawfully in
the United States before you can be deported. If you request a removal hearing, you
may be represented at the hearing by an attorney at your own expense. You may be
eligible to be released on bail until the time of the removal hearing. If you are
released on bail and then appear at the hearing as ordered, the money you have
paid in as bail will be returned to you. If you wish to have a removal hearing, you
should so inform me after you have read, or have had read to you, this notice.
3. Right to Apply for Political Asylum
You may be eligible for political asylum if you have reason to believe that you
would be persecuted because of your race, religion, nationality, membership in a
particular social group, or political opinions if you were deported from the Unites
States. If you wish to apply for political asylum, you should so inform me after you
have read, or have had read to you, this notice.
4. Right to Request Voluntary Departure
If you wish to be removed immediately from the United States, you may ask to be
allowed to voluntarily depart. By agreeing to voluntarily depart, you give up your right
to a removal hearing and your right to apply for political asylum. If you wish to apply
for voluntary departure, you should so inform me after you have read, or have had
read to you, this notice.
˜˜˜˜˜
I acknowledge that I have read, or have had read to me, a copy of the above notice
or rights, and that a list of the available free services has been provided to me.
Signature of Juvenile: ________________________________________
Signature of INS Official: _____________________________________
Date,
Time,
and
Location:
________________________________________________________

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

Attachment 3

Special Use Forms

Special Use Forms
Attachment 3a: Referral for Home Assessment Form
Attachment 3b: Notice of Placement in Secure Juvenile Detention Facility

Attachment 3a

Referral for Home Assessment Form

Referral for Home Assessment Form
MEMORANDUM
U. S. DEPARTMENT OF JUSTICE
IMMIGRATION & NATURALIZATION SERVICE
SUBJECT
Referral for Home Assessment
DATETO

FROM

____________________________________
Office of International Affairs
Humanitarian Affairs Branch
This is to request that a home assessment be conducted on the following juvenile
currently held at:____________________________________
Name
of
Juvenile:
___________________

__________________________________

DOB:

Alien #: ________________________________________ MALE ____ FEMALE
____
Relatives in U. S. (if available):
Name:
Address:

_______________________________
_______________________________

_______________________________

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

Telephone #: __________________________ Home
__________________________ Work
Relationship to juvenile: ________________________
For additional information on the juvenile or to speak with him or her, please contact
the following person:
Name
and
Title:
____________________________________
#:____________________

Attachment 3b

Telephone

Notice of Placement in Secure Juvenile Detention Facility

Notice of Placement in Secure Juvenile Detention Facility
Date: ___________________
RE: Placement in a secure or medium-secure detention facility by INS
Dear ____________________:
[juvenile's name]
Reference is made to your detention by the United States Immigration and
Naturalization Service on _________. The Service treats those individuals who are
under eighteen years of age as juveniles. Pursuant to the Flores v. Reno Settlement
Agreement, the Service will not detain a juvenile in a secure or medium-secure
juvenile detention facility if there are less restrictive alternatives available. However,
under certain conditions, the Service may detain juveniles in a secure or mediumsecure juvenile detention facility. Because of the following reason(s), you are being
placed in a secure or medium-secure juvenile facility. (Check as many as apply):
___ 1. You are considered to be an escape risk (previous escape or attempt, final
order, failure to appear, etc...)
___ 2. The Service believes you are an adult.
___ 3. There is an emergency influx of minors into the U.S.
___ 4. You speak an unusual language and the Service is attempting to locate an
interpreter.
___ 5. You are being transported from a remote area.
___ 6. The Service is concerned about your safety.
___ 7. There are no alternative placement options at this time.
___ 8. You have been convicted of a crime as an adult.

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

___ 9. You have been adjudicated a delinquent.
___10. You have engaged in disruptive behavior while in a licensed program.
___11. You are chargeable with a crime or delinquent offense.
___12. You are in criminal or delinquency proceedings.
___13. You have committed or threatened to commit a violent or malicious act
toward yourself or other(s).
___14. Per the Orantes decision, all Salvadoran juveniles must remain in the district
where they were apprehended for a minimum of 7 days.
Sincerely,
__________________________________
Name and Title of Placing Official

Appendix 11-4 Footnotes
FN 1

In the early stages of this litigation, the Federal court in the Central District of
California found in favor of the plaintiffs on two claims; in 1993, however, the
United States Supreme Court ruled in favor of the INS on other claims. Since
that decision, the parties have negotiated a settlement of the remaining
issues, which was signed by the INS Commissioner, approved by the Federal
court, and therefore is now in effect.

FN 2

The individual may be required to submit to a medical or dental examination
(medical professional) or other appropriate procedures to verify age. If
determined to be a juvenile, s/he will be treated as such for all purposes.

FN 3

For INS purposes, a conservator is the person with physical custody of the
juvenile. For juveniles 13 years old or under, all documents must be signed
by a conservator.

FN 4

A juvenile brought to the United States by a smuggler is to be considered
"unaccompanied" unless the smuggler is an adult relative (parent, brother,
sister, aunt, uncle, or grandparent) or legal guardian. If the smuggler is not a
relative or guardian, he or she should not be consulted concerning the
disposition of the juvenile's case.

FN 5

In this case, the "conservator" has physical custody, while the INS maintains
legal custody. Remember, all documents served on or completed for juveniles
who are 13 years old or under must be signed by a conservator.

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

FN 6

This general release policy does not apply to juveniles in mandatory detention.

FN 7

In order to avert potential liability when a Notice to Appear is issued and an
unaccompanied child ordered released, the District Director should contact the
U.S. Attorney's Office and ask that an Assistant U.S. Attorney petition the court
to appoint a guardian. This situation is envisioned as a rare one.

FN 8

"Chargeable" means that the INS has probable cause to believe that the
individual has committed a specific offense.

FN9

A rare exception may apply if a medical professional determines that the juvenile
presents a danger to him- or herself or to others.

FN 10

U.S. Public Health Service authorities have advised that a surgical mask is
considered adequate for these purposes. A HEPA mask is not necessary.

FN 11

Escapes from a contract guard or contract facility may be determined to be a
breach of the contract. If that finding is made, the COTR or Investigating Officer
will prepare a separate report for submission to the appropriate contracting office,
with a recommendation as to whether a deduction should be imposed, if
applicable. Copies should be included with the escape analysis forwarded to the
Regional Juvenile Coordinator or his/her designee in DDP.

Appendix 11-4 Endnotes

a

This statement is from an 8/21/97 memo from the Office of Programs on
"unaccompanied minors subject to expedited removal" to Management Team,
Regional Directors, District Directors, Officers-in-Charge, Chief Patrol Agents,
Asylum Office Directors, Port Directors, Director of Policy Directives and
Instructions, ODTF Glynco, and ODTF Artesia.

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

b

These procedures are from an 8/21/97 memo from the Office of Programs on
"unaccompanied minors subject to expedited removal" to Management Team,
Regional Directors, District Directors, Officers-in-Charge, Chief Patrol Agents,
Asylum Office Directors, Port Directors, Director of Policy Directives and
Instructions, ODTF Glynco, and ODTF Artesia.

c

From an 8/21/97 memo from Office of Programs on "unaccompanied minors subject
to expedited removal."

d

Information in 2.1.5 is from a memo dated 10/4/95 to all Regional Directors
RODIRS; Regional Operations Liaison Officers (ROOPS) (RODDP); all DIDIRS
(X-Foreign); all CPAs; INS Director of Training FLETC, GLYNCO, GA; INS
Director of Training FLETC, Artesia, NM. From Joan Higgins, Assistant
Commissioner of Detention and Deportation.

e

This section is from a 12/4/95 memo to Regional and District Directors from the
Office of Deputy Commissioner on "Instructions for the Detention, Placement,
and Release of Chinese Juveniles."

f

From 12/8/97 memo, "Review of Cases of Chinese Juveniles Upon Reaching the Age
of 18."

g

This section was drawn from the following memo: a 12/8/97 memo, "Review of
Cases of Chinese Juveniles Upon Reaching the Age of 18." This memo updates
and expands upon the memos of 9/28/94 ("Chinese Juveniles Reaching Majority
While in Foster Care") and 12/4/95 ("Instructions for the Detention, Placement,
and Release of Chinese Juveniles." A memo dated 11/1/95, "Chinese Juveniles in
Foster Homes," was also used as an information source, along with a 12/15/95
memo, "Project Locate Update" to Regional Directors, Eastern, Central, Western.

h

From 12/8/97 memo (see endnote j above).

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

i

From 9/28/94 memo (see endnote j above).

j

From 12/8/97 memo (see endnote j above).

k

Information in 4.1.1 and 4.1.2 from 10/31/97 memo, "Juvenile Bedspace," from
Office of Field Operations.

l

Permission requirement from 12-13-91 memo, "National Policy Regarding Detention
and Release of Unaccompanied Alien Minors."

m

Juvenile bedspace requirements (4.1.4, 4.1.5, and 4.1.6) are taken from the 10/31/97
memo (see endnote o below).

n

From 12/13/91 memo, "National Policy Regarding Detention and Release of
Unaccompanied Alien Minors," from the Office of the Commissioner.

o

Taken from Enforcement Standard, "Escorts," VI E-F, 2/5/98.

p

Memo from William R. Yates, Eastern Regional Director, on "Escape Reporting
Procedures," 8/3/98.

q

This information on required report content is taken from a 5/25/82 memo from J.F.
Salgado, Associate Commissioner, Enforcement, on "Escape Analysis and
Reporting Procedures."

r

From a 12/4/95 memo, "Instructions for the Detention, Placement, and Release of
Chinese Juveniles," to Regional and District Directors, from the Office of Deputy
Commissioner.

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

s

From a 10/4/95 telegraphic message from Joan Higgins, Assistant Commissioner,
Detention and Deportation.

Appendix 11-4.1 JUVENILE CASE ACTION WORKSHEET

Appendix 11-14.2 JUVENILE CASE SPONSOR WORKSHEET

Appendix 11-4.3 INS Juvenile Shelter Care Standards Checklist

Rating 1–5:

INS Juvenile Shelter Care Standards
Checklist

1=in compliance; 2=not in compliance;

3= exception noted; 4=staff information;
5=confirmed

A. Administration and Management (Part I of JCRF manual)11
1.

Written policy provides that the facility and its programs are managed by a single
administrative officer (3-JCRF-1A-06).

2.

Facility administrator qualifications include a bachelor’s degree in a related discipline
and demonstrated ability and leadership (3-JCRF-1A-07).

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

2

3

4

5

3.

Written policy provides that new or revised policies and procedures are disseminated to
designated staff and volunteers (3-JCRF-1A-13).

4.

Written policy provides for regular meetings, at least monthly, between the
administrator and key staff members (3-JCRF-1A-14).

5.

Written policy provides that firearms are not permitted in the facility (3-JCRF-1A-22).

6.

The facility has written fiscal policies and procedures adopted by the governing
authority that meet minimum requirements (3-JCRF-1B-02).

7.

Written policy provides that any financial transactions between juveniles, staff, and
others are approved by the administrator (3-JCRF-1B-17).

8.

Written policy prohibits sexual harassment (3-JCRF-1C-04).
(table continued on next page)

9. Written policy specifies support for a drug-free workplace for all employees and includes
certain minimum principles (3-JCRF-1C-05).
10. Written policy provides that there are written job descriptions and qualifications for all
positions in the facility (3-JCRF-1C-06).
11. A criminal record check is conducted on all new employees, according to state and federal
statutes (3-JCRF-1C-10).
12. Written policy provides that employees who work with juveniles receive a physical
examination (3-JCRF-1C-11).
13. Written policy provides that all personnel working with juveniles are informed and agree in
writing to confidentiality policies (3-JCRF-1C-17).
14. The facility provides initial orientation for all new employees during their first week of
employment (3-JCRF-1D-03).
15. Written policy provides that all training programs are conducted by qualified trainers in that
particular area (3-JCRF-1D-05).
16. Written policy provides that administrative, managerial, and professional specialist staff
receive 40 hours of training (beyond orientation) during their 1st year and 40 hours a year
thereafter (3-JCRF-1D-09).
17. Written policy provides that all juvenile careworkers receive an additional 120 hours of
training during their 1st year and 40 hours a year thereafter (3-JCRF-1D-10).
18. Written policy provides that all support employees with regular or daily contact with juveniles
receive 40 hours of training (beyond orientation) during their 1st year and 40 hours a year
thereafter (3-JCRF-1D-11).
19. All part-time staff, volunteers, and contractors receive formal orientation appropriate to their
assignments, with training as needed (3-JCRF-1D-13).
20. Written policy governs case record management, to include several minimum areas (3-JCRF1E-01).
21. Written policy provides that a record is maintained for each juvenile that includes several
minimum components (3-JCRF-1E-02).

INS Juvenile Shelter Care Standards Checklist

Rating 1–5:
1=in compliance; 2=not in

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

compliance;
3= exception noted; 4=staff
information; 5=confirmed

A. Administration and Management—Cont.
1
22. Written policy provides for the auditing of juvenile records at
least monthly (3-JCRF-1E-03).
23. Written policy provides that appropriate safeguards exist to
minimize the possibility of theft, loss, or destruction of records (3JCRF-1E-05).
24. Written policy provides that an updated case file is transferred
along with a juvenile either simultaneously or within 72 hours (3JCRF-1E-06).
25. Written policy provides that records are safeguarded from
unauthorized or improper disclosure (3-JCRF-1E-07).
26. Written policy governs the voluntary participation of juveniles
in non-medical, nonpharmaceutical, and noncosmetic research (3JCRF-1F-09).
27. A staff member is responsible for supervising citizen
involvement and volunteer service programs that benefit juveniles
(3-JCRF-1G-01).
28. Volunteers agree in writing to honor facility policies,
particularly those relating to the security and confidentiality of
information (3-JCRF-1G-05).
29. Written policy provides that all volunteers complete an
appropriate, orientation and/or training program before being
assigned (3-JCRF-1G-07).
30. Written policy specifies that volunteers may perform
professional services only when they are certified or licensed to do
so (3-JCRF-1G-08).
B. Physical Plant (Part II of JCRF manual)
1
31. The facility conforms to all applicable state and local building
codes (3-JCRF-2A-01).
32. Exits in the facility comply with state or local fire authorities or
the authority having jurisdiction (3-JCRF-2A-03).
33. The number of juveniles does not exceed the facility’s rated bed
capacity (3-JCRF-2B-03).
34. Each sleeping room complies with minimum requirements for
privacy, comfort, light, space, and temperature (3-JCRF-2C-01).
35. Living rooms with space for varied activities are available (3JCRF-2C-02).
36. Written policy provides that the facility permits juveniles to
decorate their living and sleeping quarters with personal possessions
(3-JCRF-2C-03).
37. The facility has, at minimum, one operable toilet for every eight

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

2

3

4

5

2

3

4

5

juveniles (3-JCRF-2C-04).
38. The facility has, at minimum, one operable shower or bathing
facility with hot and cold running water for every eight juveniles (3JCRF-2C-05).
39. The facility has, at minimum, one operable wash basin with hot
and cold running water for every eight juveniles (3-JCRF-2C-06).
40. Written policy provides that juveniles with disabilities are
housed in a safe and secure manner (3-JCRF-2C-08).
41. Written policy provides that all sleeping quarters in the facility
are well-lighted and properly ventilated (3-JCRF-2D-01).
42. Temperatures in indoor living and work areas are appropriate to
summer and winter comfort zones (3-JCRF-2D-02).
43. Adequate space and furnishings to accommodate activities, such
as group meetings of the juveniles, are provided in the facility (3JCRF-2E-01).
44. The facility provides adequate private counseling space (3JCRF-2E-02).
45 Written policy provides for adequate and appropriate areas for
visitation and for recreation programs (3-JCRF-2E-03).
46. Adequate dining space is provided for the juveniles (3-JCRF2E-04).

INS Juvenile Shelter Care Standards Checklist

Rating 1–5:
1=in compliance; 2=not in
compliance;
3= exception noted; 4=staff
information; 5=confirmed

B. Physical Plant—Cont. (Part II of JCRF manual)
1
47. When the facility has a kitchen, the kitchen, dining, and food
storage areas are properly ventilated, furnished, and cleaned (3JCRF-2E-05).
48. The facility has adequate space for janitorial supplies (3-JCRF2E-07).
49. Space is provided to store and issue clothing, bedding, cleaning
supplies, and other items required for daily operations (3-JCRF-2E08).
50. Adequate space is provided for storing the personal property of
juveniles (3-JCRF-2E-09).
51. The facility has controls to keep juveniles safely within the
facility and to prevent unauthorized access by the general public (3JCRF-2G-01).
C. Facility Operations (part III of JCRF manual)
1
52. Written policy limits physical force to self-protection, protection

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

2

3

4

5

2

3

4

5

of juvenile or others, and prevention of property damage and escape
(3-JCRF-3A-02).
53. Written policy provides that at least one staff person is readily
available 24 hours a day, and is responsive to juveniles’ needs (3JCRF-3A-03).
54. Written policy provides that the staffing pattern concentrates
staff when most juveniles are in the facility (3-JCRF-3A-04).
55. Written policy provides that no juvenile or group of juveniles is
in a position of control or authority over other juveniles (3-JCRF3A-05).
56. Written policy requires staff to keep a permanent log and to
prepare shift reports that record both routine and unusual
occurrences (3-JCRF-3A-06).
57. Written policy provides for the detection and reporting of
absconders (3-JCRF-3A-08).
58. Written policy provides that staff monitor the movement of
juveniles into and out of the facility (3-JCRF-3A-09).
59. Written policy provides that juveniles and adults not share
sleeping rooms (3-JCRF-3A-10).
60. Written policy provides that male and female juveniles do not
occupy the same sleeping rooms (3-JCRF-3A-11).
61. Written policy provides for searches to control contraband and
its disposition at a level keeping with security needs (3-JCRF-3A12).
62. Written policy governs the control and use of tools, equipment,
and keys (3-JCRF-3A-13).
63. The facility complies with the regulations of the state or local
fire safety authority, whichever has primary jurisdiction (3-JCRF3B-01).
64. Written policy specifies fire prevention regulations and practices
to ensure the safety of staff, juveniles, and visitors (3-JCRF-3B-02).
65. Written policy provides that the specifications for selecting and
purchasing facility furnishings meet fire safety requirements (3JCRF-3B-03).
66. Written policy provides that where smoking is permitted,
noncombustible receptacles are available throughout living quarters
(3-JCRF-3B-04).
67. Written policy governs the control and use of all flammable,
toxic, and caustic materials (3-JCRF-3B-05).
68. The facility has a written evacuation plan for fire or major
emergency that is certified by an independent outside fire safety
inspector (3-JCRF-3B-06).
69. Written policy provides that fire drills are conducted at least
monthly (3-JCRF-3B-07).
70. Written emergency plans are disseminated to appropriate local
authorities (3-JCRF-3B-08).

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

INS Juvenile Shelter Care Standards Checklist

Rating 1–5:
1=in compliance; 2=not in
compliance;
3= exception noted; 4=staff
information; 5=confirmed

C. Facility Operations—Cont. (Part III of JCRF manual)
1
71. Written policy provides that all facility personnel are trained in
implementing written emergency plans (3-JCRF-3B-09).
72. The facility has a fire alarm system and an automatic detection
system approved by the authority having jurisdiction (3-JCRF-3B10).
73. For programs providing mass-transport vehicles, written policy
requires a safety inspection, at least annually, by qualified persons
(3-JCRF-3B-11).
74. A written plan provides for continuous facility operation in the
event of employee work stoppage or other job action (3-JCRF-3B12).
75. Written policy provides that there is a written set of disciplinary
regulations governing juvenile rule violations (3-JCRF-3C-01).
76. Written policy provides that all program rules and regulations
are posted in an obvious place or are readily accessible in a
handbook (3-JCRF-3C-02).
77. Written policy ensures that room restriction does not exceed 8
hours without review and administrative authorization (3-JCRF-3C11).
78. Written policy ensures that the reasons for imposing restrictions
or suspending privileges are discussed with the juvenile, who is
given a chance to explain (3-JCRF-3C-12).
79. Written policy provides that staff make visual and verbal contact
with room-restricted juveniles at least every 30 minutes (3-JCRF3C-13).
80. Written policy provides that staff record, date, and sign all
instances of room and facility restriction and privilege suspension
(3-JCRF-3C-14).
81. Written policy ensures a juvenile’s right to court access (3JCRF-3D-01).
82. Written policy ensures and assists juvenile access to counsel and
their authorized representatives (3-JCRF-3D-02).
83. Written policy provides that decisions about program access,
work assign-ments, etc., disregard race, religion, national origin, sex
(3-JCRF-3D-03).
84. Written policy protects juveniles from corporal or other

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punishment that humiliates, abuses, or interrupts daily living
functions (3-JCRF-3D-04).
85. Written policy provides for the reporting of all instances of child
abuse or neglect consistent with appropriate state or local laws (3JCRF-3D-05).
86. Written policy specifies the personal property that juveniles can
keep in their possession and governs its control and safeguarding
(3-JCRF-3D-06).
87. Written policy provides for a grievance and appeal process (3JCRF-3D-07).
D. Facility Services (Part IV of JCRF manual)
1
88. A nutritionist, dietitian, or physician approves the menu and
annually approves the nutritional value of the food served (3-JCRF4A-02).
89. Written policy provides that food service staff plan menus that
they largely follow, giving attention to appearance and palatability
(3-JCRF-4A-03).
90. There is a single menu for staff and juveniles (3-JCRF-4A-04).
91. Written policy provides for special diets as prescribed by
appropriate medical or dental personnel (3-JCRF-4A-05).
92. Written policy provides for special diets for juveniles whose
religious beliefs require adherence to religious dietary laws (3JCRF-4A-06).
93. Food service staff complies with all sanitation and health codes
enacted by state or local authorities (3-JCRF-4A-07).
94. Written policy provides for weekly inspections of food service
areas, sanitary food storage, and daily temperature checks (3-JCRF4A-08).

INS Juvenile Shelter Care Standards Checklist

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Rating 1–5:
1=in compliance; 2=not in
compliance;
3= exception noted; 4=staff
information; 5=confirmed

D. Facility Services—Cont. (Part IV of JCRF manual)
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95. Written policy provides that staff members supervise juveniles
during meals (3-JCRF-4A-09).
96. Written policy requires that at least three meals (of which two
are hot) be served at regular meal times during each 24-hour period,
with no more than 14 hours between the evening meal and breakfast
(3-JCRF-4A-10).
97. The facility complies with the sanitation and health codes of the
local and/or state jurisdiction (3-JCRF-4B-02).

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98. Written policy provides for vermin and pest control and trash
and garbage removal (3-JCRF-4B-03).
99. An independent, outside source has approved the institution’s
potable water source and supply (3-JCRF-4B-04).
100. Written policy provides that a housekeeping and maintenance
plan is in effect to ensure a clean facility that is in good repair (3JCRF-4B-05).
101. Juveniles are given the opportunity to have clean clothing (3JCRF-4B-06).
102. The facility provides for the thorough cleaning and disinfecting
of juvenile personal clothing before storage or wear (3-JCRF-4B07).
103. Written policy provides for the issue of suitable clean bedding
and linen, including sheets, pillow cases, mattress, and blankets (3JCRF-4B-08).
104. Written policy requires the ready availability to juveniles of
articles necessary for proper personal hygiene (3-JCRF-4B-09).
105. Written policy provides that the facility has a formal agreement
with a designated health authority to provide health care services (3JCRF-4C-01).
106. Written policy provides for access to health care and for a
system for processing complaints regarding health care (3-JCRF4C-02).
107. Appropriate state and federal licensure and other
requirements/restrictions apply to providers of health care services
to juveniles (3-JCRF-4C-03).
108. Written policy provides that treatment by nontraditional health
care personnel is performed under authorized order or standing (3JCRF-4C-04).
109. Written policy specifies the provision of mental health services
to juveniles (3-JCRF-4C-05).
110. A suicide prevention/intervention program is reviewed and
approved by a qualified medical or mental health professional (3JCRF-4C-06).
111. When facilities do not have full-time, qualified, health
personnel, a health-trained staff member coordinates health services
delivery (3-JCRF-4C-07).
112. Written policy provides that the program’s health care plan
adheres to state and federal rules for storage and distribution of
medicines (3-JCRF-4C-08).
113. Written policy requires medical, dental, and mental health
screening by qualified health care personnel on all juveniles (3JCRF-4C-09).
114. Written policy provides for the collection, recording, and
review of health appraisal data to identify each juvenile’s health
care needs (3-JCRF-4C-11).

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115. Written policy provides for medical examination of any
employee or juvenile suspected of having a communicable disease
(3-JCRF-4C-12).
116. Dental care is provided to each juvenile under the direction and
supervision of a dentist licensed in the state (3-JCRF-4C-13).
117. Written policy provides for 24-hour emergency medical,
dental, and mental health care services as outlined in a detailed
written plan (3-JCRF-4C-14).
118. Written policy provides that careworker staff and other
personnel are trained to respond to health emergencies within 4
minutes (3-JCRF-4C-15).

INS Juvenile Shelter Care Standards Checklist

Rating 1–5:
1=in compliance; 2=not in
compliance;
3= exception noted; 4=staff
information; 5=confirmed

D. Facility Services—Cont. (Part IV of JCRF manual)
119.

The facility has authoritatively approved first aid equipment available at all times (3JCRF-4C-16).

120.

Written policy provides that persons injured in an incident receive immediate medical
examination and treatment (3-JCRF-4C-17).

121.

Written policy addresses the management of serious and infectious diseases (3JCRF-4C-21).

122.

Written policy specifies approved employee actions with regard to juveniles diagnosed
with HIV (3-JCRF-4C-22).

123.

Written policy prohibits the use of juveniles for medical, pharmaceutical, or cosmetic
experiments (3-JCRF-4C-26).

124.

Written policy provides that juveniles’ parents/guardians are promptly notified in case
of serious illness, surgery, injury, or death (3-JCRF-4C-27).

125.

Juveniles’ health record files contain the required forms and information (3-JCRF-4C28).

126.

For transferred juveniles, summaries or copies of the medical history record are
forwarded to the receiving facility prior to or at arrival (3-JCRF-4C-29).

E. Juvenile Services (Part V of JCRF Manual)
127.

The facility has clearly defined written policies, procedures, and practices governing
admission (3-JCRF-5A-01).

128.

The agency records basic information, as outlined, on each juvenile to be admitted (3JCRF-5A-03).

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129.

Written policy provides that the facility inform a referring facility as to why a
prospective juvenile is not accepted into the program (3-JCRF-5A-05).

130.

Upon admission, staff discuss with the juvenile program goals, available services,
rules, and possible disciplinary actions (3-JCRF-5A-07).

131.

Written policy provides that the facility not discriminate on the basis of race, religion,
national origin, gender, or disability (3-JCRF-5A-09).

132.

The facility provides or arranges for a variety of services, such as food, education,
counseling, recreation, transportation, etc. (3-JCRF-5A-12).

133.

Written policy provides that new juveniles receive written orientation materials and/or
translations in their own languages (3-JCRF-5A-13).

134.

Where a language or literacy problem can cause misunderstanding of rules and reg.,
staff must provide assistance to the juvenile (3-JCRF-5B-08).

135.

Written policy provides that each juvenile is assigned a facility staff member who
meets with and counsels him or her (3-JCRF-5C-02).

136.

Written policy provides that staff members are available to counsel juveniles at their
request, with provision for emergencies (3-JCRF-5C-03).

137.

Written policy provides for coordination and continuity between educational,
vocational, and work programs (3-JCRF-5D-01).

138.

Special education programs are available to meet the needs of special education
students as defined in public law (3-JCRF-5D-02).

139.

Written policy shows compliance with laws pertaining to individual special education
plans before juveniles are placed or removed (3-JCRF-5D-03).

140.

Written policy provides that educational, vocational, work, and treatment program
credits are accepted by community agencies (3-JCRF-5D-04).

141.

Written policy provides that the use of work does not interfere with educational and
treatment programs (3-JCRF-5D-05).

142.

Written policy provides for indoor and outdoor recreational and leisure time needs of
juveniles (3-JCRF-5E-01).

Rating 1–5:

INS Juvenile Shelter Care Standards
Checklist

1=in compliance; 2=not in compliance;
3= exception noted; 4=staff information;
5=confirmed

E. Juvenile Services—Cont. (Part V of JCRF manual)
143.

Written policy provides that juveniles have the opportunity to participate in
practices of their religious faiths (3-JCRF-5F-01).

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144.
145.

Written policy provides that indigent juveniles receive a specified postage
allowance to maintain community ties (3-JCRF-5G-01).
Written policy governs juvenile access to publications (3-JCRF-5G-02).

146.

Written policy provides that juveniles’ mail, both incoming and outgoing, may
be opened and inspected for contraband (3-JCRF-5G-03).

147.

Written policy provides for the forwarding of first class letters and packages
after transfer or release (3-JCRF-5G-04).

148.

Written policy provides for juvenile access to a telephone to make and
receive personal calls (3-JCRF-5G-06).

149.

Written policy allows juveniles to receive approved visitors, except where a
threat to juvenile safety or program security is evidenced (3-JCRF-5G-06).

150.

Written policy provides for special visits (3-JCRF-5G-07).

151.

Written procedures for releasing juveniles include several verification
processes and other checks (3-JDF-5H-02).

152.

Written policy provides for and governs escorted and unescorted day leaves
into the community (3-JDF-5H-07).

Appendix 11-4.4 INS Secure Juvenile Shelter Care Standards Checklist

Rating 1–5:

INS Secure Juvenile Standards
Checklist

1=in compliance; 2=not in compliance;
3= exception noted; 4=staff information;
5=confirmed

A. Administration and Management (Part I of JDF manual)11
1.

A criminal record check is performed on all new employees in accordance with
state and federal statutes (3-JDF-1C-13).

2.

Written policy governs the management of case records, including all required
areas (3-JDF-1E-01).

3.

The facility administration maintains and has available in a master file a
detailed record on each juvenile (3-JDF-1E-02).

4.

Written policy provides that an updated case file is transferred within 72 hours
of a juvenile’s transfer to another facility (3-JDF-1E-04).

5.

Written policy safeguards records from unauthorized and improper disclosure

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(3-JDF-1E-08).

B. Physical Plant (Part II of JDF manual)
6.

The facility conforms to all applicable fire safety codes (3-JDF-2A-03).

7.

A qualified source has documented that finishing materials in juvenile living
areas comply with recognized codes (3-JDF-2A-04).

8.

Juveniles’ rooms and sleeping areas conform with all space requirements (3JDF-2C-02).

9.

Dayrooms for varied juvenile activities are separated from sleeping areas by a
floor-to-ceiling wall (3-JDF-2C-04).

10.

There is at least 1 toilet for every 12 male juveniles and 8 female juveniles;
and at least 2 toilets in houses with 5 or more juveniles (JDF-2C-06).

11.

Juveniles have access to wash basins with hot and cold running water, at a
ratio of 1 basin for every 12 occupants (3-JDF-2C-07).

12.

Juveniles have access to showers with temperature-controlled hot and cold
running water, with at least 1 shower for every 8 juveniles (3-JDF-2C-08).

13.

Male and female juveniles do not occupy the same sleeping room (3-JDF-2C12).

14.

Written policy provides that all housing areas comply with specified lighting
and other environmental requirements (3-JDF-2D-01).

15.

Temperatures in indoor living and work areas are appropriate to summer and
winter comfort zones (3-JDF-2D-03).

16.

School classroom designs conform
requirements (3-JDF-2E-05).

17.

The food preparation area has space appropriate to population size, type of
food preparation, and methods of meal service (3-JDF-2E-07).

18.

Provisions exist for adequate storage and loading areas and for garbage
disposal facilities (3-JDF-2E-08).

19.

There is space in the facility to store and issue clothing, bedding, cleaning
supplies, and other items required for daily operations (3-JDF-2E-11).

20.

Space is provided for the safe and secure storing of juveniles’ personal
property (3-JDF-2E-12).

21.

There is space for a 24-hour control center to monitor and coordinate the
facility’s security, safety, and communications systems (3-JDF-2G-01).

22.

The facility’s perimeter is controlled to keep juveniles in and the general public
out, unless they have proper authorization (3-JDF-2G-02).

with local or state educational

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Rating 1–5:

INS Secure Juvenile Standards
Checklist

1=in compliance; 2=not in compliance;
3= exception noted; 4=staff information;
5=confirmed

C. Institutional Operations (part III of JDF manual)
23.

There is a manual containing all procedures for facility security and control,
with detailed instructions for implementing them (3-JDF-3A-01).

24.

The facility has a communication system between the control center and
juvenile living areas (3-JDF-3A-02).

25.

The facility maintains a daily report on juvenile population movement (3-JDF3A-03).

26.

Written policy requires that coed facilities have both a male and a female staff
member on duty at all times (3-JDF-3A-07).

27.

Written policy requires staff to keep a permanent log and to prepare shift
reports that record both routine and unusual occurrences (3-JDF-3A-09).

28.

Written policy requires at least weekly inspection and maintenance of all
security devices, with corrective action taken as needed (3-JDF-3A-12).

29.

The facility has a system for physically counting juveniles (3-JDF-3A-13).

30.

Written policy provides that restraint devices are applied only with the facility
administrator’s approval, and never as punishment (3-JDF-3A-16).

31.

Written policy provides that the facility maintain a written record of routine and
emergency distribution of restraint equipment (3-JDF-3A-17).

32.

All special incidents, e.g., hostage taking or use of force, are reported in
writing, and dated and signed by the reporting staff person (3-JDF-3A-18).

33.

Written policy provides for searches of facilities and juveniles to control and
dispose of contraband (3-JDF-3A-19).

34.

Written policy provides that manual or instrument inspection of body cavities
is done only with reason and authorization (3-JDF-3A-20).

35.

Written policy allows visual inspection of juvenile body cavities only when a
reasonable belief exists that he/she is carrying contraband (3-JDF-3A-21).

36.

Written policy governs the control and use of keys (3-JDF-3A-22).

37.

Written policy governs the control and use of tools and culinary and medical
equipment (3-JDF-3A-23).

38.

Written policy governs the availability, control, and use of chemical agents

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and related security devices (3-JDF-3A-26).
39.

Written policy requires that personnel using force to control juveniles give a
written report to the facility administrator by end of TDY (3-JDF-3A-27).

40.

Written policy provides that persons injured in an incident receive immediate
medical attention (3-JDF-3A-28).

41.

Firearms are not permitted in facilities except in emergency situations (3-JDF3A-29).

42.

Written policy restricts the use of physical force to justifiable instances only,
such as for self defense or protection of others (3-JDF-3A-30).

43.

Written policy specifies the facility’s fire prevention regulations and practices
(3-JDF-3B-01).

44.

Written policy requires a comprehensive monthly compliance inspection of the
facility by a qualified fire and safety officer (3-JDF-3B-02).

45.

Specifications for selecting and purchasing facility furnishings indicate their
fire safety performance requirements (3-JDF-3B-03).

46.

Facilities have noncombustible receptacles for smoking materials, and
separate containers for other combustible refuse (3-JDF-3B-04).

47.

Written policy governs the control and use of all flammable, toxic, and caustic
materials (3-JDF-3B-05).

Rating 1–5:

INS Secure Juvenile Standards
Checklist

1=in compliance; 2=not in compliance;
3= exception noted; 4=staff information;
5=confirmed

C. Institutional Operations—Cont. (part III of JDF manual)
48.

Written policy requires a communications system within the facility and
between it and the community for emergency situations (3-JDF-3B-07).

49.

The facility has a certified evacuation plan for major emergencies (3-JDF-3B10).

50.

All facility personnel are trained in implementing written emergency plans (3JDF-3B-11).

51.

Written policy specifies juveniles’ immediate release in case of emergency,
with a backup system in place (3-JDF-3B-12).

52.

There are written procedures governing escapes that are reviewed at least
annually and updated as needed (3-JDF-3B-13).

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53.

Written rules of juvenile conduct specify prohibited acts within the facility and
penalties for various degrees of violation (3-JDF-3C-02).

54.

A rulebook of all chargeable offenses and consequences is given to each
juvenile and staff member, in other languages as necessary (3-JDF-3C-03).

55.

Written policy requires that juveniles are told the reasons behind imposed
restrictions, and get an opportunity to explain themselves (3-JDF-3C-06).

56.

During room restriction, staff contact is made with the juvenile at least every
15 minutes, depending on his/her emotional state (3-JDF-3C-07).

57.

Written policy specifies room restriction for minor misbehavior only as a
“cooling off” period, to last from 15 to 60 minutes (3-JDF-3C-08).

58.

Written policy provides that juveniles who commit criminal acts are referred to
appropriate court or law enforcement officials (3-JDF-3C-09).

59.

A juvenile charged with a major rule violation, e.g., that imperils personal or
another’s safety, may be confined for up to 24 hours (3-JDF-3C-11).

60.

Written policy ensures the right of juveniles to have access to courts (3-JDF3D-01).

61.

Written policy ensures and facilitates juvenile access to counsel and assists
juveniles in making confidential contact with attorneys (3-JDF-3D-02).

62.

Written policy protects juveniles from abuse, corporeal punishment, personal
injury, disease, property damage, and harassment (3-JDF-3D-06).

63.

A written grievance procedure is made available to all juveniles that includes
at least one level of appeal (3-JDF-3D-08).

64.

Written policy provides special management for juveniles with serious
behavior problems and for those requiring protective care (3-JDF-3E-01).

65.

The facility administrator/shift supervisor can order immediate placement in a
special location to protect juveniles from self or others (3-JDF-3E-02).

66.

The facility’s sanctioning schedule sets a maximum of 5 days’ disciplinary
confinement for any offense, unless superseded by law (3-JDF-3E-03).

67.

Juveniles placed in confinement are visually checked by staff every 15
minutes and are visited each day by the appropriate units (3-JDF-3E-04).

68.

Written policy specifies that confined juveniles have living conditions and
privileges similar to those for the general population (3-JDF-3E-05).

D. Facility Services (Part IV of JDF manual)
69.

It is documented that the facility’s system of dietary allowances is reviewed at
least monthly by a dietitian for proper compliance (3-JDF-4A-03).

70.

Written policy requires that food service staff plan out menus and stick to
them, taking into account food appearance and palatability (3-JDF-4A-04).

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71.

Written policy provides for specially prescribed diets (3-JDF-4A-06).

Rating 1–5:

INS Secure Juvenile Standards
Checklist

1=in compliance; 2=not in compliance;
3= exception noted; 4=staff information;
5=confirmed

D. Facility Services—Cont. (Part IV of JDF manual)
72.

Written policy precludes the use of food as a disciplinary measure (3-JDF-4A07).

73.

Written policy specifies that food services comply with applicable sanitation
and health codes (3-JDF-4A-09).

74.

Shelved and refrigerated goods are maintained at the appropriate prescribed
temperatures for each (3-JDF-4A-11).

75.

Written policy provides that staff members supervise juveniles during meals
(3-JDF-4A-12).

76.

Written policy requires 3 meals a day, 2 of them hot, at regular meal times,
with fewer than 14 hours between dinner and breakfast (3-JDF-4A-13).

77.

Written policy provides for adequate health protection for all juveniles and
staff in the facility and working in food service (3-JDF-4A-14).

78.

Written policy requires weekly sanitation inspections of all facility areas (3JDF-4B-01).

79.

The facility administration complies with applicable sanitation codes (3-JDF4B-02).

80.

An independent, outside source has approved the institution’s potable water
source and supply (3-JDF-4B-03).

81.

The institution has an approved waste disposal system (3-JDF-4B-04).

82.

Written policy provides for vermin and pest control (3-JDF-4B-05).

83.

Written policy specifies accountability for clothing and bedding issued to
juveniles (3-JDF-4B-08).

84.

Juveniles are afforded 3 complete sets of clean clothing per week (3-JDF-4B10).

85.

Written policy requires the facility to thoroughly clean and disinfect, as
necessary, juvenile personal clothing being stored or worn (3-JDF-4B-11).

86.

Written policy provides for the issue of complete clean bedding and linen sets,
with sufficient blankets for temperature comfort (3-JDF-4B-12).

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87.

Written policy provides an approved shower schedule that allows daily
showers and showers after strenuous exercise (3-JDF-4B-13).

88.

Written policy requires that all juveniles receive articles necessary for
maintaining proper personal hygiene (3-JDF-4B-14).

89.

There are hair care services available to juveniles (3-JDF-4B-15).

90.

Written policy provides that the facility has a contracted health authority with
responsibility for health care (3-JDF-4C-01).

91.

Written policy provides that a staff member accompany a juvenile needing
hospitalization at least through admission (3-JDF-4C-04).

92.

Adequate space, equipment, and supplies, as determined by the responsible
physician, are provided for primary health care delivery (3-JDF-4C-06).

93.

Written policy provides for unimpeded access to health care and for a system
for processing health care complaints (3-JDF-4C-07).

94.

When sick call is not conducted by a physician, he/she is available once a
week to answer juveniles’ health care service complaints (3-JDF-4C-08).

95.

Juveniles’ medical complaints are monitored and responded to daily by
medically trained personnel (3-JDF-4C-09).

96.

Appropriate state and federal licensure and registration requirements apply to
personnel providing health care services to juveniles (3-JDF-4C-10).

Rating 1–5:

INS Secure Juvenile Standards
Checklist

1=in compliance; 2=not in compliance;
3= exception noted; 4=staff information;
5=confirmed

D. Facility Services—Cont. (Part IV of JDF manual)
97.

Written policy provides that treatment by other than licensed health care
personnel is performed under a physician’s orders (3-JDF-4C-11).

98.

A juvenile’s immunization history is obtained when the health appraisal data
are collected; immunizations are updated, as required (3-JDF-4C-13).

99.

Obstetrical, gynecological, family planning, and health education services
are provided in facilities housing females (3-JDF-4C-14).

100.

Written policy specifies the provision of mental health services for juveniles
(3-JDF-4C-16).

101.

When facilities lack full-time, qualified health-trained personnel, a trained

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staff member coordinates supervised health services (3-JDF-4C-17).
102.

Written policy provides for the proper management of pharmaceuticals (3JDF-4C-18).

103.

Psychotropic drugs and drugs requiring parenteral administration are
prescribed by a physician or provider, following an exam (3-JDF-4C-19).

104.

The person administering medications has training from the responsible
physician/official, is accountable for administering medications, and
appropriately records their administration (3-JDF-4C-20).

105.

Written policy requires that all juveniles, upon arrival, receive thorough
health screenings by qualified personnel (3-JDF-4C-21).

106.

Written policy requires that all juveniles receive thorough health screenings
upon their arrival from intrasystem transfers (3-JDF-4C-23).

107.

Written policy provides for the collection and recording of health appraisal
data in accordance with prescribed procedures (3-JDF-4C-24).

108.

Written policy provides for 24-hour emergency heath care availability as
outlined in a detailed written plan (3-JDF-4C-26).

109.

Written policy provides that personnel are trained to respond to healthrelated situations within 4 minutes (3-JDF-4C-27).

110.

Written policy requires that first aid kits are available (3-JDF-4C-28).

111.

Sick call for nonemergency medical service by a physician or counterpart
is available to each juvenile at least 3 times a week (3-JDF-4C-29).

112.

Written policy provides for a special health program for juveniles requiring
close medical supervision (3-JDF-4C-30).

113.

Chronic care, convalescent care, and medical preventive maintenance are
provided to juveniles when medically indicated (3-JDF-4C-31).

114.

There is a written agreement between the facility and a nearby hospital for
all medical services that cannot be provided at the facility (3-JDF-4C-33).

115.

A written suicide and intervention program is reviewed and approved by a
qualified medical or mental health professional (3-JDF-4C-35).

116.

Written policy specifies approved actions to be taken by employees
concerning juveniles diagnosed as HIV positive (3-JDF-4C-36).

117.

Written policy addresses the management of serious and infectious
diseases (3-JDF-4C-37).

118.

Written policy provides for medical examination of any employee or
juvenile believed to have a communicable disease (3-JDF-4C-38).

119.

Written policy prohibits using juveniles for medical, pharmaceutical, or
cosmetic experiments (3-JDF-4C-43).

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120.

Stimulants, tranquilizers, or psychotropic drugs are never used for program
management, control, experiment, or research purposes (3-JDF-4C-44).

Rating 1–5:

INS Secure Juvenile Standards Checklist

1=in compliance; 2=not in
compliance;
3= exception noted; 4=staff
information;
5=confirmed

D. Facility Services—Cont. (Part IV of JDF manual)
121.

Written policy provides that juveniles’ parents/guardians are promptly notified
in case of serious illness, surgery, injury, or death (3-JDF-4C-45).

122.

Juveniles’ health record files contain complete and proper records that are
maintained in a manner approved by the health authority (3-JDF-4C-46).

123.

Written policy upholds the principle of the health record’s confidentiality, and
supports particular requirements (3-JDF-4C-47).

124.

Summaries or copies of a juvenile transferee’s medical history records are
forwarded to the receiving facility before his or her arrival (3-JDF-4C-48).

E. Juvenile Services (Part V of JDF Manual)
125.

Written procedures for admitting juveniles new to the system include all the
required elements and steps (3-JDF-5A-02).

126.

Written policy provides that new juveniles receive written orientation
materials and/or translations in their own language (3-JDF-5A-15).

127.

Written policy governs the control and safeguarding of juvenile personal
property (3-JDF-5A-16).

128.

Written policy provides that staff members are available to counsel juveniles
at their request, even on an emergency basis (3-JDF-5B-04).

129.

Written policy provides for juvenile access to mental health counseling and
crisis intervention services, according to need (3-JDF-5B-05).

130.

There is a comprehensive education program for juveniles (3-JDF-5C-01).

131.

The educational program is supported by specialized equipment that meets
minimum state education standards (3-JDF-5C-03).

132.

Juveniles are not required to work for free except as part of facility upkeep,
personal hygiene, or approved training or service program (3-JDF-5C-05).

133.

Juveniles are not permitted to perform any work prohibited by state and
federal regulations and statutes pertaining to child labor (3-JDF-5C-06).

134.

Library services are provided and available to all juveniles (3-JDF-5D-03).

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2

3

4

5

1

2

3

4

5

135.

Written policy provides a recreation-leisure plan that daily allows at least 1
hour each for large muscle and structured leisure activities (3-JDF-5E-04).

136.

Written policy allows juveniles to practice the tenets of their religions, limited
only by a documented threat to safety or order (3-JDF-5F-03).

137.

Written policy for juveniles’ correspondence is made available to all staff and
juveniles, is reviewed annually, and updated as needed (3-JDF-5G-01).

138.

There is no limit on the volume of letters a juvenile may send or receive,
when he/she bears the mailing cost (3-JDF-5G-02).

139.

Written policy provides that indigent juveniles, as defined in policy, receive a
specified postage allowance to maintain community ties (3-JDF-5G-03).

140.

Written policy specifies that juveniles are permitted to send sealed letters to a
specified class of persons and organizations (3-JDF-5G-04).

141.

Written policy grants juveniles the right to communicate/correspond freely,
limited only by preservation of facility security and order (3-JDF-5G-05).

142.

Written policy provides that all juveniles’ mail—incoming and outgoing— may
be opened and inspected for contraband (3-JDF-5G-07).

143.

Written policy requires that all cash received in the mail is held for the
juvenile under procedures approved by the parent agency (3-JDF-5G-08).

144.

Written policy requires that incoming and outgoing letters are held for no
more than 24 hours, and packages no more than 48 hours (3-JDF-5G-09).

Rating 1–5:

INS Secure Juvenile Standards
Checklist

1=in compliance; 2=not in compliance;
3= exception noted; 4=staff information;
5=confirmed

E. Juvenile Services—Cont. (Part V of JDF manual)
145.

Written policy provides for the forwarding of first class letters and packages
after transfer or release (3-JDF-5G-10).

146.

Written policy provides for juvenile access to the telephone to make and
receive personal calls (3-JDF-5G-11).

147.

Written policy grants juveniles the right to receive visits, limited only by the
need to maintain facility order and security (3-JDF-5G-12).

148.

Written policy provides that juvenile visiting facilities permit informal
communication, including opportunity for physical contact (3-JDF-5G-13).

149.

Written policy governs special visits (3-JDF-5G-14).

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2

3

4

5

150.

Written policy specifies that visitors register on entry and states the
circumstances governing visitor searches and supervision (3-JDF-5G-15).

151.

Written procedures for releasing juveniles include several verification
processes and other checks (3-JDF-5H-02).

152.

Written policy provides for and governs escorted and unescorted day leaves
into the community (3-JDF-5H-07).

Appendix 11-5 Designation of National Security
Matters, Memorandum, dated December 18, 2002
Designation of National Security Matters, Memorandum, dated December 18, 2002

Appendix 11-6
Checklist

NTA Service on Former Military

NTA SERVICE ON FORMER MILITARY CHECKLIST
1. Written request for approval to the Assistant Regional Director of Investigations
from the Supervisor for issuance of the NTA.
2.

Submit the following to the Region:

a)

Narrative of the situation, to include information relating to:
INS history
Military history
Criminal record
Marital status
Employment status
Children
Other family
Property owned
Why prosecutorial discretion shouldnt be exercised

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b)

Copy of I-213 (optional)

c)

Copy of criminal history (optional)

d)

Copy of J&C (optional)

e)

Copy of dd-214 or statement from agent of proof provided)

3. Memorandum to the Assistant Regional Director of Investigations signed by the
Supervisor.
4.

Fax to the Region.

5.

Expect 24-48 hour for response call to check on the status if longer.

Appendix 11-7 Sample Stipulated Removal
UNITED STATES DEPARTMENT OF JUSTICE
EXCECUTIVE OFFICE FOR IMMIGRATION REVIEW
OFFICE OF THE IMMIGRATION JUDGE
(CITY, STATE)
IN THE MATTER OF:
)
EN EL ASUNTO DE:
)
)
IN REMOVAL PROCEEDINGS
)
EN LOS TRAMITES DE EXPULSION
_____________________
)
RESPONDENT

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)
A-FILE NO._____________________
)
NUMERO DE REGISTRO
)
)
BOP NO.______________________
)
NUMERO DE BOP
RESPONDENTS STIPULATED REQUEST FOR REMOVAL ORDER AND WAIVER
OF HEARING PURSUANT TO 8 CFR 3.25(b)
SOLICITUD DEMANDADO PARA EMISION DE LA ORDEN ESTIPULADA:
RENUNCIA DE AUDENCIA BAJO EL TOMO 8 DEL CODIGO DE
REGULACIONES FEDERALES SECCION 3.25(b)
I, __________________________________, Respondent in the above entitled
removal proceedings, hereby submit the following request, statements, admissions and
stipulations:
Yo, _________________________________, el demandado en los procedimientos
arriba mencionados, solicito, declaro, y admito lo siguiente en referencia a esta
SOLICITUD DEL DEMANDADO PARA EMISION DE LA ORDEN ESTIPULADA Y
RENUNCIA DE AUDENCIA.
I have been served with a copy of the Immigration and Naturalization Service Form I852, Notice to Appear (NTA), dated ___________, and it cites my full, true, and correct
name.
He sido servido con una copia del formulario I-862 del Servicio de Inmigracion,
Notificacion de Compadecer (NTA) con fecha, __________, y contiene mi nobre
completo, verdadero, y correcto.
I have received a copy of the LIST OF FREE LEGAL SERVICE PROVIDERS. I am
aware that, pursuant to 8 CFR 240.3, I may be represented by an attorney or other
representatives qualified under 8 CFR 292.

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He recibido copia de La Lista De Servicios Legales Gratuitos. Reconozco que bajo el
Tomo 8 del Codigo de Regulaciones Federales seccion 240.3, puedo ser representado por
unabogado u otro representante acreditado bajo la seccion 292 del mismo tomo. No deseo
representacion legal en este proceso por un abogado o representante. He decidio
representarme a mi mismo durante el proceso.
I fully understand my rights in this proceeding contained within 8 CFR 240.10 and
240.11. I understand that in a removal hearing, I would have the right to representation, a
reasonable opportunity to examine and object to the evidence against me, to present
witnesses in my own behalf, to cross examine witnesses presented by the government, to
object to government evidence including written statements I have made, offer evidence
of my own, have all matters on the record recorded verbatum, and, if charged with being
deportable, demand that the government prove that I am removable from the United
States. Knowing this, I hereby waive these rights, and request that my removal
proceeding be conducted solely by way of written record without a hearing.
Entiendo mis derechos bajo el proceso de expulsion identificado en el Tomo 8 del
Codigo de Regiamentos Federales seccion 240.10 y 240.11. Reconozco que tengo
asimismo derecho a una audencia ante un juez de inmigracion. Reconozco que una
audencia tengo el derecho a ser representado, la oportunidad razonable de examinar y
objetar la evidencia presentada en mi contra, presentar testigos en mi favor, hacer
preguntas a los testigos presentados por el gobierno, presentar mi propia evidencia, mi
derecho a documentar este proceso palabra por palabra, y de ser declarado inadmisible or
deportable, exigir que el gobierno pruebe que me puede deportar de los Estados Unidos.
Conociendo lo aqui mencionado, renuncio a estos derechos, y solicito que mi proceso de
expulsion se lleve a cabo en base a la documentacion existente sin una audencia
individual.
I admit that all the factual allegations contained in the Form I-862, Notice to Appear,
are true and correct as written.
Admito que todos los alegatos en el documento acusatorio del Servicio de Inmigracion
formulario I-862, son verdaderos y correctos como documentados.
I do not wish to apply for relief from removal pursuant to the Immigration and
Nationality Act (herinafter the Act). I am not seeking the relief of voluntary departure,
asylum, adjustment of status, registry, review of a termination of conditional resident
status, review of a denial or revocation of temporary protected status, family unity
benefits, legalization benefits, cancellation of removal, naturalization, or any other
possible relief or other benefits under the Act.
No deseo solicitar recurso alguno a la orden de expulsion bajo el Acta de Inmigracion
Y Nacionalidad (de aqui en adelante el Acta). No solicito el recurso de salida voluntaria,
asilo, cambio de estado migratorio, registro, nueva revision de terminacion de estado de
residente condicional, nueva revision de negacion o revocacion de estado proteccion

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temporal , beneficios para la union de familias, beneficios de legalizacion, anulacion de
expulsion, naturalizacion, ni cualquier otro recurso o beneficio posible bajo el Acta.
Pursuant to Section 241(b)(2)(A)( i) of the Act, I hereby designate
__________________ as the country designated for removal.
Conforme a la seccion 241 (b)(2)(A)( i) del Acta, Designo a
_____________________ como el pais al cual deseo ser trasladado si soy expulsado.
I consent to the introduction of this Stipulated Request for Order, Waiver of Hearing
as an exhibit to the Record of Proceedings.
Comprendo y estoy de Acuerdo que esta Solicitud del Demandado para Emision de la
Orden Estipulada; Renuncia de Audencia forme parte de mi expediente en
procedimientos de expulsion.
I understand the consequences of this Stipulated Request for Order, Waiver of Hearing
are that I will be removed from the United States. I make this request voluntarily,
knowingly, and intelligently.
Reconozco que la concecuencia de esta Solicitud del Demandado para Emision de la
Orden Estipulada Renuncia de Audencia es mi expulsion de Los Estados Unidos. Hago
esta solicitud voluntariamenta, conocimiento, e inteligentemente.
I agree to accept a written order for my removal as a final disposition of these
proceedings.
Estoy de acuerdo y acepto una orden por escrito de mi expulsion como disposicion
final de este procedimiento.
I waive appeal of the written order of removal from the United States.
Renuncio al derecho de apelar esta orden escrita sobre mi expulsion de los Estado
Unidos.
I have carefully read or have had read to me in my native language this entire
document, and fully understand its consequences. I am aware that my eventual removal
from the United States will be the result of my signing this document.
Yo he leido cuidadosamente o se me ha leido todo el contenido de este documento en
mi lengua nativa y entiendo las concecuencias. Yo entiendo que mi eventual expulsion de
Los Estados Unidos resultara de que yo firme este documento.
I, the undersigned respondent (alien), certify that all the information in this document
is true and correct and I sign this document under the pains and penalties of perjury,

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pursuant to Title 28, United States Code, Section 1746, on this ______ day of
______________, _________.
Yo, el demandado suscrito (extranjero), certifico que toda la informacion contenida en
este documento es verdadera y correcta y firmo este documento reconociendo las
penalidades de perjurio, segun el Titluo 28, Codigo de Estados Unidos, Seccion 1746, en
este dia _______________ de ____________________, ___________.
______________________________________
Signature of Respondent
Firma del Demandado
______________________________________
Printed Name of Respondent
Letra de molde del Demandado
_______________________________________
Signature of Witness
Firma de Testigo
_______________________________________
Printed Name of Witness
Letra de molde del Testigo
____________________________________
Signed on Behalf of the Government
Assistant District Counsel
City, State
Date: ________________________________

Appendix 12-1 Bond Worksheet
Bond Worksheet

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Appendix 12-5 Bond Management Information System
(BMIS)
Bond Management Information System (BMIS)

Appendix 14-1 Administrative Removal Proceedings
Manual (M-430)
Administrative Removal Proceedings
Manual
(M-430, Rev. June 4, 1999)
Detention and Deportation Officers' Field Manual
Appendix 14-1
Table of Contents
PREFACE
I. INTRODUCTION
A.

Purpose

B.

Historical Background

C.

Legal Authority For Administrative Removal

D.

The Regulations Implementing Administrative Removal

II. OVERVIEW
A.

Criteria

B.

Procedural Protections

C.

Highlights Of The Process

III. ENFORCEMENT PROCEDURE
A.

Initiation Of The Procedure

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B.

Review And Issuance Of The Charging Document

C.

Serving the Notice, Detainer, and Arrest Warrant

IV. DECISION PROCEDURE
A.

Deciding Service Officer's (DSO's) Duties

B.

Ensuring A Fair Process

C.

Case Review

D.

Alien's Response

E.

Deciding Service Officer's (DSO's) Determination

F.

Exhibits In The Record Of Proceeding (ROP)

G.

Preparing A Supplemental Decision

H.

Sample Supplemental Decision Topics

I.

Useful Points And Authorities For A Supplemental Decision

J.

Citing Case Law

K.

Closing Actions

L.

Request For Withholding Of Removal And Referral To Asylum Officer

V. RECORD OF PROCEEDING
A.

Creating The Record Of Proceeding (ROP)

B.

Maintaining The Record Of Proceeding (ROP)

VI. JUDICIAL REVIEW
A.

Petition For Review

B.

Certifying The Record Of Proceeding (ROP)

VII. LEGAL ISSUES
A.

The Nature And Sufficiency Of Evidence

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B.

Procedural Matters

APPENDIX
Sections Of Law Relating To Administrative Removal
Administrative Removal Regulations
Regulations On Conviction Records
Administrative Removal Forms
PREFACE
The law authorizes alternative administrative removal proceedings without hearings
before immigration judges for serious criminal offenders. These proceedings apply to
certain aliens who have been convicted of one or more aggravated felonies. While
incorporating both procedural safeguards and effective quality control methods, the
proceedings simplify and expedite removal from the United States. This manual is a
ready reference explaining how to do cases under the alternative proceedings. The
information in the manual is current as of the date shown on the cover but is subject to
change.
I. INTRODUCTION
A. Purpose
This manual is a comprehensive guide for Immigration and Naturalization Service
(INS) employees in the processing and adjudication of administrative removal cases.
These cases relate to certain aliens who have been convicted of one or more aggravated
felonies and who are not lawful permanent residents of the United States. Aliens with
conditional permanent resident status as the spouses, sons, and daughters of U.S. citizens
or lawful permanent residents are not lawful permanent residents for this purpose.
The manual describes in detail the applicable law, regulations, and procedures. The
purpose of the manual is to serve as a reference for and assist in training INS officers and
support personnel who participate in the administrative removal process. The manual
supplements the regulations in providing for a process which works efficiently while
respecting procedural due process and fitting sensibly within the usual routine of
investigating cases and initiating removal proceedings.
Previously, most traditional removal cases required hearings before immigration
judges (IJ's). As part of the continuing efforts to streamline removal procedures, INS
officers may issue final removal orders in administrative removal cases. In view of the
seriousness of this responsibility, case processing and adjudication require careful,

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effective quality control measures. The manual is a major component of the
administrative removal quality assurance program.
The manual gives step-by-step explanations on the methods necessary to ensure
compilation of thorough records of proceeding (ROP's), adherence to administrative due
process and appropriate procedures, and preparation of consistent, legally sufficient
decisions. The manual emphasizes the need to create and maintain, on a permanent basis,
ROP's that are able to withstand legal challenges or support later proceedings relating to
criminal reentry after removal. Following the instructions outlined in the manual will
facilitate the uniform and fair adjudication of cases and, when appropriate, the issuance
of even-handed, high quality, and legally defensible supplemental written decisions.
The INS developed this manual in close consultation with its Office of the General
Counsel using extensive legal materials furnished by that Office. For example, that Office
provided the guidance on creating and maintaining the ROP, judicial review, and legal
issues, as well as furnishing all legal citations. Legal questions which are not answered in
the manual may be referred to an INS attorney.
B. Historical Background
Since 1986, as part of a general trend in the law toward stricter criminal provisions,
Congress has made numerous amendments to the Immigration and Nationality Act (INA)
affecting removal of criminal aliens from the United States. For example, the
comprehensive Immigration Reform and Control Act of 1986 (IRCA) amended the INA
to require initiation of removal proceedings "as expeditiously as possible after
conviction" of an offense making an alien subject to removal. The text of IRCA itself
declared, "[i]t is the sense of the Congress that...the immigration laws of the United
States should be enforced vigorously and uniformly."
Legislative changes starting in 1988 introduced the term "aggravated felony" to
immigration law and emphasized removal of aliens convicted of crimes fitting its
definition. Examples of crimes now defined as aggravated felonies are murder, rape,
sexual abuse of minors, child pornography, certain crimes of violence, and illicit
trafficking in controlled substances, firearms, and destructive devices. Current law
provides for mandatory detention of aliens in removal proceedings who have been
convicted of these crimes.
In 1994, several measures to improve criminal alien removal were signed into law.
These included expedited administrative deportation without a hearing before an
immigration judge (IJ) for an alien convicted of an aggravated felony who is not a lawful
permanent resident and who is not eligible for any relief from removal. Through this
legislation, Congress provided for a more streamlined removal process, incorporating
statutorily provided procedural safeguards, to simplify and expedite removal in certain
cases involving serious criminal offenses.

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More recently, the trend towards expediting removal of criminal aliens through
statutory change engendered the Antiterrorism and Effective Death Penalty Act of 1996
(AEDPA) and the subsequent Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (IIRIRA). The latter made major changes such as replacing the separate
exclusion and deportation processes with a single removal proceeding for deciding both
inadmissibility and deportability.
AEDPA made several changes affecting the administrative deportation procedure for
aliens convicted of aggravated felonies. IIRIRA modified or eliminated some of these
changes. The current expedited procedure, now called administrative removal, also
includes aliens who have lawful permanent residence on a conditional basis as the
spouses, sons, and daughters of U.S. citizens and lawful permanent residents. Another
change makes aliens subject to this procedure ineligible for any discretionary relief from
removal.
However, the law requires withholding of removal to a country where the alien's life
or freedom would be threatened in the case of an alien convicted of an aggravated felony
or felonies for which the alien has been sentenced to an aggregate term of imprisonment
of less than five years, unless the crime is determined to be a particularly serious crime.
In addition, regulations that became effective on March 22, 1999 prohibit the removal of
an alien to a country where he or she would be tortured regardless of any criminal
convictions or background the alien may have. The regulations establish a special
screening mechanism, with referral of cases that may trigger either of these provisions to
an IJ for adjudication.
C. Legal Authority For Administrative Removal
The Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA), Public
Law 103-322, was enacted September 13, 1994 and became effective September 14,
1994. Section 130004 of VCCLEA amended the Immigration and Nationality Act (INA)
to eliminate administrative hearings before immigration judges (IJ's) for certain criminal
aliens. Section 130004 also amended the INA to limit judicial review in these cases.
The Immigration and Nationality Technical Corrections Act of 1994 (INTCA), Public
Law 103-416, enacted October 25, 1994, made minor technical changes to these statutory
provisions. The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), Public
Law 104-132, enacted April 24, 1996, and the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (IIRIRA), Public Law 104-208, enacted September 30, 1996,
further amended these provisions.
Current section 238(b) of the INA authorizes, under regulations prescribed by the
Attorney General, administrative removal proceedings without a hearing before an IJ to
determine deportability under section 237(a)(2)(A)(iii) of the INA and to issue a removal
order. Section 237(a)(2)(A)(iii) relates to conviction of an aggravated felony, as defined
in section 101(a)(43) of the INA.

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Section 238(b) of the INA requires that, when proceedings under that section of law
begin, the alien must not have been lawfully admitted for permanent residence.
Conditional permanent residents under section 216 of the INA are not lawful permanent
residents for purposes of administrative removal proceedings under section 238(b).
Section 216 relates to certain spouses, sons, and daughters of U.S. citizens and lawful
permanent resident aliens.
Section 238(b)(5) of the INA states that no alien subject to these proceedings is
eligible for any relief from removal. Section 241(b)(3) of the INA, however, requires
withholding of removal to a country where the alien's life or freedom would be
threatened. This provision, however, does not apply if the alien is subject to certain bars
to withholding of removal including, among other grounds, conviction of a particularly
serious crime. An alien is considered to have been convicted of a particularly serious
crime if the alien has been sentenced to an aggregate term of imprisonment of five or
more years for an aggravated felony or felonies, not taking into account any suspension
of imposition or execution of the sentence. An aggravated felony for which the alien has
been sentenced to an aggregate term of imprisonment of less than five years may still
constitute a particularly serious crime, depending on the crime.
On October 21, 1998, the President signed into law the Foreign Affairs Reform and
Restructuring Act of 1998, Public Law 105-277. That legislation mandates promulgation
of regulations to implement U.S. obligations under Article 3 of the Convention Against
Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT).
Article 3 prohibits the removal of any person to a country where he or she would be
tortured, with no exceptions for persons with criminal or other background. Neither
section 241(b)(3) nor Article 3 of the CAT are subject to the section 238(b)(5) prohibition
on relief for aliens in these proceedings. As a legal matter, neither of these provisions
constitutes relief from removal because they are merely restrictions on the place to which
an alien may be removed and do not constitute affirmative permission to remain in the
United States.
As reflected in the applicable regulations at 8 CFR 238.1(b)(1)(iv), by operation of
section 238(c) of the INA, even aliens who entered without inspection may be removed
through administrative removal proceedings. Section 238(b)(3) of the INA provides that a
removal order issued under section 238(b) of the INA may not be executed for 14
calendar days, unless the alien waives the 14-day period.
Section 238(b)(4) of the INA lists procedural safeguards the Attorney General must
afford the alien. These include reasonable notice of the "charges" and of the opportunity
to inspect the evidence and rebut the "charges," as well as the actual reasonable
opportunity to inspect the evidence and rebut the "charges." A determination must be
made for the record that the individual upon whom the notice is served is, in fact, the
alien named in the notice. The alien must also be given the privilege of being represented,
at no expense to the Government, by authorized counsel of his or her own choosing.
Further, a record must be maintained for judicial review. Finally, the same person cannot
issue the charges and make the decision to issue the final removal order.

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D. The Regulations Implementing Administrative Removal
The administrative removal regulations were originally published on August 24, 1995
with an effective date of September 25, 1995. On March 6, 1997, the regulations were
revised to conform with statutory changes, became effective April 1, 1997, and were
published in 8 CFR 238.1. Further important regulatory amendments were published on
February 19, 1999 and became effective on March 22, 1999. 64 FR 8478 (1999).
These regulations authorize a Deciding Service Officer (DSO) to issue a Final
Administrative Removal Order under section 238(b) of the Immigration and Nationality
Act (INA) on Form I-851A. They implement the administrative removal process
described in this manual. The process begins when an Issuing Service Officer (ISO)
serves a charging document called a Notice of Intent to Issue a Final Administrative
Removal Order (NOI) on Form I-851.
A DSO may be a district director, a chief patrol agent, or that official's designated
representative. The ISO may be any Immigration and Naturalization Service (INS) officer
listed in 8 CFR 239.1 as authorized to issue a Notice to Appear to begin removal
proceedings before an immigration judge (IJ) under section 240 of the INA. In
accordance with the statute, the regulations state that the DSO and the ISO cannot be the
same person.
The regulations incorporate all statutorily required procedural safeguards and demand
clear, convincing, and unequivocal evidence in support of the deportability charge.
Additionally, the regulations provide for either verbal explanation or written translation
of the NOI in the alien's native language or a language the alien understands, and require
that a list of available free legal services be provided the alien.
The regulations also provide that the NOI must inform the alien that he or she may
request withholding of removal to a particular country if he or she fears persecution or
torture there. If the alien requests withholding of removal, he or she is referred, upon
issuance of a Final Administrative Removal Order, to an asylum officer for a screening
process to determine whether the alien has a "reasonable fear" of persecution or torture
under 8 CFR 208.31. If the alien passes the screening process, he or she is referred to an
IJ for an adjudication of whether the alien can be returned to the country in question. In
addition, the alien may request IJ review of a negative screening determination by an
asylum officer.
The regulations provide for termination of proceedings under section 238(b) of the
INA when the DSO finds the alien not amenable to administrative removal. If
appropriate, the INS may then begin removal proceedings before an IJ.
The regulations include, by operation of section 238(c) of the INA, among those
persons subject to administrative removal proceedings, aliens convicted of aggravated
felonies who have not been admitted or paroled into the United States. Section 238(c) of
the INA states that "(a)n alien convicted of an aggravated felony shall be conclusively

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presumed to be deportable from the United States." Therefore, as reflected in the
applicable regulations at 8 CFR 238.1(b)(1)(iv), even aliens who entered without
inspection may be removed through administrative removal proceedings.
Neither the statute nor the regulations provide for appeal to the Board of Immigration
Appeals (BIA) of a DSO's decision entering a Final Administrative Removal Order. In
accordance with the law, the regulations require that a record of proceeding (ROP) be
maintained "for judicial review...sought by any petition for review."
An alien convicted of an aggravated felony who is subject to administrative removal
proceedings is subject to the same detention requirements as any other alien convicted of
an aggravated felony. The regulations specify that the INS decision concerning custody
or bond is not administratively appealable during the administrative removal process.
Since IJ's do not take part in this process, they may not consider or rehear the INS
custody or bond decision. The alien's remedy is to file a habeas corpus petition in Federal
District Court.
II. OVERVIEW
A. Criteria
The administrative removal process relates to an alien who is not a lawful permanent
resident when the process begins and who has a final conviction for an aggravated felony.
Before starting this process, the officer encountering the alien must consider the
following factors:
(1) Alienage. At the outset, there must be a determination of alienage. The
investigation must disclose that there is clear, convincing, and unequivocal evidence that
the subject is an alien, that is, neither a citizen nor a national of the United States.
(2) Immigration status (not a lawful permanent resident). The subject is not a lawful
permanent resident. An alien who is a conditional permanent resident under section 216
of the Immigration and Nationality Act (INA) as the spouse, son, or daughter of a U.S.
citizen or lawful permanent resident is not a lawful permanent resident for purposes of
administrative removal proceedings. Immigration and Naturalization Service (INS)
records must corroborate the subject's immigration status.
(3) The existence of a final conviction for an aggravated felony. Deportability based
upon a conviction of an aggravated felony, as defined by section 101(a)(43) of the
Immigration and Nationality Act (INA), must be established. The public record must be
demonstrative of a final conviction for an aggravated felony in a state or Federal court.
B. Procedural Protections
An alien whose life or freedom would be threatened in a specific country or who
would be tortured in that country may request withholding of removal. This can be

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granted under either section 241(b)(3) of the Immigration and Nationality Act (INA) or
Article 3 of the Convention Against Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment (CAT).
Section 241(b)(3) requires that an alien's removal to a particular country be withheld if
it is more likely than not that the alien's life or freedom would be threatened there on
account of race, religion, nationality, membership in a particular social group, or political
opinion. This provision, however, does not apply if the alien is subject to certain bars to
withholding of removal including, among other grounds, conviction of a particularly
serious crime.
An alien is considered to have been convicted of a particularly serious crime if the
alien has been sentenced to an aggregate term of imprisonment of five or more years for
an aggravated felony or felonies, not taking into account any suspension of imposition or
execution of the sentence. An aggravated felony for which the alien has been sentenced
to an aggregate term of imprisonment of less than five years may still constitute a
particularly serious crime, depending on the crime.
Article 3 of the CAT, as implemented by regulations, creates an additional type of
withholding of removal. It prohibits removal of any alien, regardless of any criminal
background, to a country where the alien is more likely than not to be tortured. Article 3
is broader than section 241(b)(3) in that it contains no criminal bars to protection and
does not require that the torture be on account of any specific reason. It is narrower in
that torture is defined narrowly and does not include all types of harm that might
constitute persecution.
An alien in administrative removal proceedings may request withholding of removal
in his or her response to the Notice of Intent to Issue a Final Administrative Removal
Order (NOI). A request for withholding of removal is the mechanism to seek protection
from removal to a particular country under either section 241(b)(3) of the INA, based on
a fear of persecution, or under Article 3 of the CAT, based on a fear of torture.
If the alien requests withholding of removal in his or her response to the NOI, the
alien will, upon issuance of a Final Administrative Removal Order, be referred to an
asylum officer. The asylum officer will conduct a screening process to determine whether
the alien has a "reasonable fear" of persecution or torture under 8 CFR 208.31. If the
asylum officer finds that the alien meets this standard, the case is referred to an
immigration judge (IJ) for a withholding determination. If the asylum officer determines
that the alien does not meet this standard, the alien may request IJ review of the screening
determination only.
If the IJ agrees with the asylum officer's negative reasonable fear finding or if the alien
does not request review, the alien may be removed from the United States. If the IJ
determines that the alien has a reasonable fear of persecution or torture, the IJ will then
make a determination whether the alien is likely to be persecuted or tortured and is,

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therefore, entitled to withholding of removal to the country in question under either
section 241(b)(3) of the INA or under Article 3 of the CAT.
The regulations implementing Article 3 of the CAT also create a separate form of
protection, called deferral of removal, for aliens who would be tortured but who are
subject to the bars to withholding. The determination about which form of protection will
be granted under the CAT will be made by the IJ, and will not affect the procedures to be
followed by INS officers in the administrative removal process. An IJ would grant
deferral of removal only when an alien who has requested withholding has been found
likely to be tortured but is subject to the bars to withholding. This manual, therefore, will
refer generally to the process for withholding of removal under the CAT.
The administrative removal process includes the following procedural protections to
the alien provided for in section 238(b) of the INA:
(1) Reasonable notice of both the removal charge and the opportunity to inspect the
evidence and rebut the charge.
(2)

Reasonable opportunity to inspect the evidence and rebut the charge.

(3)

The privilege of being represented by counsel at no expense to the Government.

(4) A determination for the record that the individual upon whom the NOI is served is,
in fact, the alien named in the NOI.
(5)

A record maintained in the event of judicial review.

(6) The decision to issue a Final Administrative Removal Order not by the person who
issues the NOI.
In addition to incorporating these statutorily provided procedural safeguards, the
governing regulations (8 CFR 238.1) provide the following protections to the alien:
(1) The charge of deportability must be supported by clear, convincing, and
unequivocal evidence.
(2)

The alien must be furnished a list of available free legal services.

(3) The Immigration and Naturalization Service (INS) must provide either a written
translation of the charging document (NOI) or explain the contents of the charging
document in the alien's native language or in a language the alien understands.
(4) The NOI must explain to the alien that he or she may request withholding of
removal to a particular country if he or she fears persecution or torture in that country.
C. Highlights Of The Process

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The following are highlights of the administrative removal process which incorporates
the procedural protections given the alien:
(1) The officer encountering the alien determines that the alien's case meets the criteria
for administrative removal. Under these criteria, when the process begins, the individual
must be an alien who is not a lawful permanent resident. An alien with conditional
permanent residence as the spouse, son, or daughter of a U.S. citizen or lawful permanent
resident is not a lawful permanent resident for this purpose. The individual must also
have a final conviction for an aggravated felony. An alien who has been convicted of an
aggravated felony and who has entered the United States without inspection may be
removed through administrative removal proceedings. However, an alien who entered the
United States under the Visa Waiver Pilot Program (VWPP) or who has been paroled into
the United States may not be put into administrative removal proceedings.
(2) The Issuing Service Officer (ISO) prepares or requests preparation of a charging
document called a Notice of Intent to Issue a Final Administrative Removal Order (NOI)
on Form I-851. The ISO may be any Immigration and Naturalization Service (INS)
officer listed in 8 CFR 239.1(a) as authorized to issue a Notice to Appear to start removal
proceedings before an immigration judge (IJ).
(3) A determination is made for the record that the individual upon whom the notice is
served is the alien named in the notice. The NOI has a statement to that effect to be
signed upon service of the NOI if service is in person. However, neither service in person
nor verification of the individual's identity at the time of service are required. Identity is
established when the encountering officer questions the alien and conducts related record
and/or document checks.
(4) The INS gives the alien reasonable notice by serving the NOI. The NOI explains
the alien's opportunity to inspect the Government's evidence and rebut the deportability
charge by submitting a written response within ten days, with an extension allowed under
certain circumstances. The NOI further explains that, in the response to the NOI, the alien
may request withholding of removal if he or she fears persecution or torture in a specific
country or countries. The NOI also explains the 14-day period for seeking judicial review
if the INS issues a Final Administrative Removal Order unless the alien waives this 14day period.
(5) The alien has an opportunity to be represented at no expense to the Government.
The NOI explains this opportunity and is accompanied by a list of available free legal
services.
(6) The alien has a reasonable opportunity to inspect the Government's evidence and
rebut the allegations and charge. The alien may submit a written response to the NOI
within ten calendar days. The Deciding Service Officer (DSO) may, but is not required
to, grant more time to submit a response for good cause shown in a written request the
INS receives within the original ten-day period. If the written response contains a request
to review the evidence, the INS will serve the alien with a copy of that evidence and give

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the alien an extra ten days to submit a final response. Similarly, if the DSO considers
additional evidence from a source other than the alien, the INS will serve the alien with a
copy of that evidence and give the alien an extra ten days to submit a final response. If
service of the NOI or evidence is by mail, the alien has 13 calendar days to submit his or
her response.
(7) The alien may, in writing, accept immediate issuance of a Final Administrative
Removal Order. The alien may also waive the 14-day period for executing the order. The
NOI includes statements the alien may sign if the alien chooses to do so.
(8) The DSO makes a decision. The DSO (not the same person who issues the NOI)
decides the case. If the DSO finds deportability established by clear, convincing, and
unequivocal evidence in the record of proceeding (ROP), the DSO enters a Final
Administrative Removal Order. If the DSO finds the alien not amenable to removal under
this process, the DSO must terminate the process. If the DSO finds the alien subject to
removal in proceedings before an IJ, the DSO causes a Notice to Appear to be served on
the alien to begin these proceedings.
(9) Removal must, except where statutory bars apply, be withheld to a country where
an alien is more likely than not to be persecuted or tortured. An alien must be granted
withholding of removal to a country where he or she is more likely than not to be
persecuted as long as no statutory bars to withholding exist. Removal to a country where
an alien is more likely than not to be tortured is also prohibited. There are no exceptions
to the prohibition on removing an alien to a country where it is more likely than not that
the alien would be tortured.
(10) An alien subject to this administrative removal process is by law ineligible for any
relief from removal. This includes asylum, voluntary departure, or cancellation of
removal. Withholding of removal based on a finding that an alien is more likely than not
to be persecuted or tortured is not a form of relief because, as a legal matter, it does not
relieve an alien from removal from the United States. It simply restricts the place to
which the alien may be removed.
(11) The INS creates and maintains a permanent ROP. The INS must compile and
maintain, throughout the entire process, a thorough ROP for judicial review.
(12) The INS may not execute a Final Administrative Removal Order during a 14-day
period unless the alien waives this period. The statute prohibits execution of a Final
Administrative Removal Order for 14 days after it is issued to give the alien an
opportunity to apply for judicial review and requires that a record be maintained for that
purpose.
(13) The INS determines custody status as it does in any case involving an alien
convicted of an aggravated felony. The alien is subject to the same detention
requirements as any other alien convicted of an aggravated felony. The INS custody

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decision is not administratively appealable, but the alien may seek review of such a
decision in habeas corpus proceedings.
III. ENFORCEMENT PROCEDURE
A. Initiation Of The Procedure
First, the officer encountering the alien determines that the alien's case meets the
criteria for administrative removal by questioning the alien. Under these criteria, when
the process begins, the individual must be an alien who is not a lawful permanent
resident. An alien who is a conditional permanent resident under section 216 of the
Immigration and Nationality Act (INA) as the spouse, son, or daughter of a U.S. citizen
or lawful permanent resident is not a lawful permanent resident for this purpose. Also, an
alien who has entered the United States without inspection may be removed through
administrative removal proceedings. However, an alien who entered the United States
under the Visa Waiver Pilot Program (VWPP) or who has been paroled into the United
States may not be put into administrative removal proceedings. Second, the individual
must have a final conviction for an aggravated felony. When processing the alien for this
procedure, each of these elements, as well as the alien's identity, must be established.
(1) Establishing alienage. Establishing alienage in an administrative removal
proceeding is no different from establishing alienage in other immigration-related
matters. An alien is any person who is not a citizen or national of the United States. In
determining if a person is an alien, the officer must consider place of birth, the nationality
of the person's parents at birth, and/or subsequent naturalization by the person or his or
her parents. Those items which would cause an individual to be an alien must be explored
during questioning. If the facts indicate that the person is an alien, they must be
documented in a Record of Deportable/Inadmissible Alien (Form I-213), sworn
statement, and printouts of records checks. The time and date that the alien was
questioned should be noted on the Form I-213, and this evidence must be placed in the
record of proceeding (ROP).
(2) Verifying immigration status (not a lawful permanent resident). In order to
establish the alien's immigration status at the time the process begins, the alien must be
interviewed and all pertinent Immigration and Naturalization Service (INS) records
systems should be checked. All evidence collected must be placed in the ROP. The Form
I-213, sworn statement, printouts of records checks, and any documentation such as an
Arrival-Departure Record (Form I-94) which indicates entry as a nonimmigrant should be
used as evidence that the alien is not a lawful permanent resident. Evidence of
conditional permanent resident status as the spouse, son, or daughter of a U.S. citizen or
lawful permanent resident is available in both INS automated record systems and hard
copy A- files.
Conditional permanent residence based on a relationship to a U.S. citizen or lawful
permanent resident under section 216 of the INA should not be confused with that for
employment-creation entrepreneurs, spouses, and children under section 216A of the

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INA. Unlike section 216, which is based on a family relationship, section 216A is based
on investment in a commercial enterprise. Persons who are conditional permanent
residents as employment-creation entrepreneurs under section 216A may not be placed in
administrative removal proceedings.
(3) Establishing conviction of an aggravated felony.
Conviction. The finality of a conviction is not affected by the pendency of postconviction discretionary petitions, collateral attacks, or other remedies that do not
constitute a direct appeal. The alien must establish that he or she has a direct appeal
pending (or that the appeal time has not expired) in the criminal court proceedings in
order to defend against the criminal ground of deportability alleged in the charging
document.
The term conviction is defined in section 101(a)(48)(A) of the INA as, but is not
limited to, a formal judgement of guilt by a court. That section of law gives the following
test for establishing a conviction for immigration purposes if adjudication of guilt has
been withheld: (A) a judge or jury has found the alien guilty or the alien has entered a
plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of
guilt; and (B) the judge has ordered some form of punishment, penalty, or restraint on the
alien's liberty to be imposed. See Section VIIB of this manual for more information about
section 101(a)(48)(A).
Aggravated felony. Legislation passed in 1988 defined the term aggravated felony at
section 101(a)(43) of the INA. The definition was expanded in 1990, 1994, and 1996. A
foreign conviction for which a term of imprisonment was completed within the previous
15 years is recognized as an aggravated felony.
Aggravated felonies are serious criminal offenses including, but not limited to, crimes
such as murder, rape, sexual abuse of minors, child pornography, certain crimes of
violence, and illicit trafficking in controlled substances, firearms, and destructive devices.

Immigration law was changed September 30, 1996 to provide that the term aggravated
felony applies regardless of whether the conviction was before, on, or after that date.
Before this change, determining whether a crime was an aggravated felony was very
difficult because there were different effective dates for the various crimes. The enacting
legislation provided that the term now applies regardless of when the conviction was
entered to actions taken on or after September 30, 1996 and to violations on or after that
date of section 276 of the INA relating to criminal reentry after removal.
Matter of Lettman, Interim Decision 3370 (BIA 1998), held that an alien convicted of
an aggravated felony is subject to removal regardless of the date of the conviction
provided the alien is put in proceedings on or after March 1, 1991 and the crime falls
within the aggravated felony definition. In Lettman v. INS, 168 F.3d 463 (11th Cir.1999),
however, the Eleventh Circuit reversed this decision. It held that an alien convicted of

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murder prior to the effective date of section 7344 of the Anti-Drug Abuse Act (ADAA)
of 1988, Public Law 100-690, allowing for deportation of aliens convicted of aggravated
felonies, could not be deported under that section. Since the Eleventh Circuit decision is
currently the law within that judicial circuit, INS employees working on administrative
removal cases in that jurisdiction (Alabama, Georgia, and Florida) should consult District
Counsel for guidance.
Conviction record. The record of conviction must be placed in the ROP. The
conviction may be proven by any of the documents or records in 8 CFR 3.41 which
describes evidence accepted in proceedings before an immigration judge (IJ). [See 8 CFR
3.41 and 8 CFR 287.6(a), which is cited in the former regulation. See also sections
240(c)(3)(B) and (C) of the INA describing types of documentary evidence constituting
proof of conviction in immigration proceedings. These sections of law provide a statutory
basis for 8 CFR 3.41.]
(4) Verifying identity. When questioning the alien and checking records and
documents to determine whether the case meets the criteria for administrative removal,
special care must be taken to verify his or her identity. The process for verifying identity
in an administrative removal proceeding is, in actuality, no different from that in any
other immigration-related matter. The encountering officer is responsible for making
absolutely certain that all information is completely consistent and there is no question
whatsoever about the identity of the person on whom the Notice of Intent to Issue a Final
Administrative Removal Order (NOI) will be served.
The law specifically requires a determination for the record that the individual upon
whom the NOI is served is, in fact, the alien named in the NOI. When the NOI is served
in person, the INS employee or other official serving the NOI verifies the identity of the
person on whom it is served and signs a statement to that effect in the Certificate of
Service on the NOI. In a case where service will be by mail, the investigating
officer/agent should prepare a brief written determination regarding verification of the
alien's identity for inclusion in the ROP.
(5) Determining applicability of withholding of removal. Once a case meets the
criteria for administrative removal proceedings under section 238(b) of the INA, no relief
from removal exists. While no relief from removal is available in these proceedings,
cases may arise in which removal to a particular country must be withheld under section
241(b)(3) of the INA or Article 3 of the Convention Against Torture and Other Cruel,
Inhuman, or Degrading Treatment or Punishment (CAT).
Section 241(b)(3) of the INA provides for withholding of removal to a country where
an alien's life or freedom would be threatened because of the alien's race, religion,
nationality, membership in a particular social group, or political opinion. This does not
apply "if the Attorney General decides that...the alien, having been convicted by a final
judgement of a particularly serious crime, is a danger to the community." An alien
sentenced to an aggregate term of imprisonment of at least five years for his or her
aggravated felony conviction(s) is considered to have committed a particularly serious

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crime and is statutorily ineligible for withholding of removal. An alien sentenced to less
than five years in the aggregate for his or her aggravated felony or felonies, however,
may be entitled to withholding of removal under section 241(b)(3).
In addition, Article 3 of the CAT prohibits an alien's removal to a country where he or
she is more likely than not to be tortured. There are no exceptions to this prohibition.
Therefore, an alien with aggravated felony conviction(s) may be entitled to protection
under Article 3, even if he or she has been sentenced to five or more years'
imprisonment.
The NOI informs the alien that he or she may request withholding or deferral of
removal if he or she fears persecution on account of a protected ground listed in section
241(b)(3) of the INA in a specific country or countries or if he or she fears torture in a
specific country or countries. The alien may request withholding on either of these
grounds:
By checking the appropriate boxes on the back of the NOI.
By so stating in a written response to the NOI.
If the alien requests, or indicates an intention to request, withholding of removal under
section 241(b)(3) of the INA or Article 3 of the CAT, the officer encountering the alien
must prepare a memorandum so stating for inclusion in the ROP. Similarly, if the alien
expresses a fear of returning to a particular country or countries, the encountering officer
must document that in a memorandum for the ROP. Since withholding/deferral of
removal is the only remedy available in such a case, this will help ensure that the alien is
not ordered removed without an opportunity to express his or her concerns. Such a
memorandum will, for example, highlight the need to serve the NOI in person to make
absolutely certain the alien knows that he or she may request withholding of removal.
For an alien who expresses a fear of return to a particular country or countries to be
considered for withholding, he or she must affirmatively request withholding by checking
the appropriate boxes on the back of the NOI or by so stating in a written response to the
NOI. If INS employees working on administrative removal are concerned about whether
aliens who expressed fear of return understand this requirement, the employees may
contact the Asylum Pre-Screening Officer (APSO) Supervisory Asylum Officer (SAO) at
the local asylum office for assistance. The APSO SAO will arrange for asylum officers to
help explain the NOI and information about the reasonable fear screening process, either
by telephone or in person. The APSO SAO may also assist in finding appropriate
interpreters, if necessary.
The officer encountering the alien should continue his or her action to initiate
administrative removal proceedings after preparing the memorandum about withholding
of removal or fear of return. However, if and when a Final Administrative Removal
Order is issued, the alien will be referred for a screening determination under 8 CFR

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208.31 by an asylum officer if the alien has affirmatively requested withholding in one of
the ways described above.
(6) Determining applicability of a waiver under section 212(h) of the INA. Pursuant to
section 238(b)(5) of the INA, an alien in administrative removal proceedings under
section 238(b) of the INA is ineligible to apply for any discretionary relief. However, in
In re Michel, Interim Decision 3335 (BIA 1998), the Board of Immigration Appeals
(BIA) held that an alien not previously admitted to the United States as a lawful
permanent resident is statutorily eligible to seek a section 212(h) waiver despite an
aggravated felony conviction.

Appendix 14-2 VWPP Sample Packet
UNITED STATES OF AMERICA
DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
______________
ORDER OF DEPORTATION
Section 217
TO:

LAST NAME, First Name (A00-000-000)

Having determined that:
1)

You are neither a citizen nor a national of the United States, and;

2) You were admitted to the United States on __________ at __________ under
Section 217 of the Immigration and Nationality Act, and authorized to remain until
______________.
3)

You have violated the conditions of that admission in that:

After admission as a nonimmigrant under Section 217 of said Act, you have remained
in the United States longer than authorized [Section 237(a)(1)(B)];
4) You have waived your rights to contest any action for deportation, except to apply
for asylum, having been admitted under Section 217 of the Immigration and Nationality
Act,
By virtue of the authority vested in the Attorney General of the United States, and in me
as his delegate, by the laws of the United States,

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

I HEREBY ORDER that you be deported from the United States of America.
____________________________ __ ________
(Signature)

(Date)

______________________ ______________________
(Name and Title)

(Place)

UNITED STATES DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
___________
WARRANT
Section 217
File No. A00 000 000
TO ANY OFFICER OR EMPLOYEE OF THE UNITED STATES IMMIGRATION
AND NATURALIZATION SERVICE:
Pursuant to Section 217 of the Immigration and Nationality Act, an authorized officer of
the United States Immigration and Naturalization service has ordered that:
LAST NAME, First Name
who entered the United states at ________________ on the ____th day of _______, ____
be deported from the United States of America. Therefore, I, the undersigned officer of
the United States, by virtue of the power and authority vested in the Attorney General
under the laws of the United States and by his direction, command you to take into
custody and deport the said alien pursuant to law, at the expense of (Carrier)
Signature:
Title:

District Director

Date:

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

UNITED STATES DEPARTMENT OF JUSTICE
IMMIGRATION AND NATURALIZATION SERVICE
NOTICE OF INTENT TO DEPORT FOR VIOLATING THE TERMS OF YOUR
ADMISSION UNDER SECTION 217 OF THE IMMIGRATION AND NATIONALITY
ACT
TO:

LAST NAME, First Name

File No.

A 00 000 000

The Immigration and Naturalization Service has determined that you entered the United
States pursuant to Section 217 of the Immigration and Nationality Act. Accordingly, you
executed a Form I-791, Visa Waiver Pilot Program Information Form, that explained to
you the conditions of admission under the Visa Waiver Pilot Program. When you signed
Form I-791, you also waived your right to contest deportability before an immigration
judge and the Board of Immigration Appeals, and to any judicial review of any and all of
the above decisions.
The Immigration and Naturalization Service has determined that you have violated the
terms of your admission under Section 217 of the Immigration and Nationality Act on the
grounds that:
You have remained in the United States for a time longer than permitted.
Accordingly, the United States Immigration and Naturalization Service has entered an
order that you be deported and removed from the United States.
Signature:
Title: District Director
Place:

Location

WARRANT FOR DEPORTATION OF
LAST NAME, First Name (A00 000 000)
(Name of Deportee)
Deported at Port of
(Port of departure from the U.S.)

on
(Date of departure)

Via

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(Manner of departure; identify airline or ship; if other, state: afoot, car, etc.)
Departure witnessed by:
(Signature and title of officer)
If actual departure not witnessed, fully identify source or means of departure
verification:

If self-deportation pursuant to 8 CFR 243.5, check here
Officer Executing Warrant:
(Signature and Title)
Date Form Completed:
Comments:

(Signature of Person Fingerprinted)
Right Thumb Print

(Signature of Official Taking Print)

(Title of Official Taking Print)
GPO 863 444
U.S. Department of Justice

Notice of Country to which Deportation has been

Immigration and Naturalization Service directed and Penalty for reentry without
Permission
PLEASE REFER TO THIS FILE NO. A00 000 000

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

DATE: 00/00/0000
Dear Mr. LAST NAME, First Name:
This is a warning. please read carefully.

It has been ordered that you be deported to

(country)

.

You will be informed, if appropriate, when departure arrangements are complete. If
needed, we will assist you as much as possible in arranging your personal affairs for your
departure. However, you may be deported at any time and without further notice.
Should you wish to return to the United States you must write this office or the United
States Consular Office nearest your residence abroad as to how to obtain permission to
return after deportation. Permission must be obtained from the Attorney General if you
are seeking admission within five (5) years of deportation or removal, or within twenty
(20) years if your deportation was subsequent to a conviction for an aggravated felony.
By law, (Title 8 of the United States Code, Section 1326), any alien who has been
arrested and deported or excluded and deported who enters , attempts to enter, or is at any
time found in the United States shal be subject to the penalties listed below unless, prior
to his reembarkation at a place outside of the United States or his application for
admission from a foreign contiguous territory, the Attorney General has expressly
consented to such aliens reapplying for admission:
(a) Any such alien, other than an alien convicted of a felony, shall be fined not more
than $250,000.00 or imprisoned for not more than two (2) years. [8 U.S.C. 1326(a)]
(b) Any such alien whose deportation was subsequent to a conviction for a felony
(Other than an
aggravated felony) shall be fined not more than $250,000.00,
imprisoned for not more than five (5) years, or both. [8 U.S.C. 1326(b)(1)].
(c) Any such alien whose deportation was subsequent to a conviction for an
aggravated felony shall be fined not more than $250,000.00, imprisoned for not more
than fifteen (15) years, or both. [8 U.S.C.1326(b)(2)].
Very truly yours,
(Name)
(Title)
Form I-294 (Rev. 06/12/92)N (SUBS)

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

Departmento de Justicia de los Estados Unidos
Servicio de Inmigracion y Naturalizacion
SIRVASE REFERIRSE A ESTE NUMERO DE REGISTRO
A00 000 000

FECHA: 00 / 00 / 0000

Estimado Sr. (NAME):
Esta carta es una advertencia. Le pedimos que la lea ciudadosamente.
Se ha ordenado su deportatacion a

(country)

.

Se le informara, si es apropiado, cuando se hayan concluido los tramites para su
salida. En caso necesario, le ayudaremos lo mas posible para arreglar sus asuntos
personales antes de su salida. Sin embargo, puede ser deportado en cualquier momento y
sin previo aviso.
En caso de que desee regresar a los Estados Unidos, debe dirigirse por escrito a esta
oficina o al Consulado de los Estados Unidos mas cercano a su domicilio en el extranjero
y preguntar como obtener permiso para regresar despues de su deportacion. Debe obtener
el permiso del Secretario de Justicia si trata de entrar en el palzo de cinco (5) anos a partir
de su deportacion o retiro, o en el plazo de veinte (20) anos si su deportacion se llevo a
cabo despues de una condena por delito grave con agravantes.
Segun la ley (Seccion 1326 del Titulo 8, Codigo de los Ustados Unidos), todo
extranjero que haya sido arrestado y deportado o excluido y deportado y que entre, trate
de entrar o se encuentre en cualquier momento en los Estados Unidos estara sujeto a las
penas mencionadas a continuacion a menos que, antes de reembarcar de un lugar fuera
del territorio de los Estados Unidos o antes de la presentacion de su solicitud de entrada
desde un territorio extranjero contiguo, el Secretorio de Justicia acceda expresamente a
que dicho extranjero vuelva a solicitar la entrada en el pais:
(a) Todo extranjero, salvo un extranjero condenado por un delito grave sera
condenado a multa de no mas de $250,000 o a encarcelamiento que no exceda de dos
anos. [Seccion 1326 (a) del titulo 8, Codigo de los Estados Unidos].
(b) Todo extranjero deportado despues de una condena por delito grave (salvo un
delito grave con agravantes) sera condenado a multa de no mas de $250,000, o
encarcelamiento que no exceda de cinco anos o ambas penas. [Seccion 1326(b)(1) del
Titulo 8, Codigo de los Estados Unidos].
(c) Todo extranjero deportado despues de una condena por delito grave con agravantes
sera condenado a multa de no mas de $250,000, o encarcelamiento que no exceda de

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

quince anos, o ambas penas. [Seccion 1326(b)(2) de Titulo 8, Codigo de los Estados
Unidos].
Atentamente,
Director de distrito
Form I-294 (Rev. 06/12/92)N(Subs.)

Appendix 14-3 Sample Notification and Findings for
Deserters from a Greek and Spanish Ship of War
Sample Notification and Findings for Deserters from Greek and Spanish Ship of War
When preparing notifications of charges and findings, the following may be used as
guides only and shall be modified, as needed, to accord with the case at hand.
UNITED STATES DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
20 West Broadway
New York, New York, 10007
NOTIFICATION OF CHARGES
To: Juan Gomez Date: February 23, 1966
An official representative of the government of Spain has presented evidence and charged
that while you were a member of the Spanish ship of war "Alcala Galiano," you deserted
such vessel on or about November 25, 1965, at Philadelphia, pennsylvania. He has
requested that you be taken into custody and surrendered to him.
Therefore, under the provisions of Article XXIV of the 1903 Treaty of Friendship and
General Relations between the United States and Spain, as implemented by Executive
Order No.11267 of January 19, 1966, and section 252.5 of Title 8 of the Code of Federal
Regulations, you are detained pending an examination of the charges. You have the right
to be represented during the examination by counsel of your choice, at your expense.
(United States Immigration Officer)
CERTIFICATE OF SERVICE

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

A copy of this notice was handed to the above named individual, and read and explained
to him by the undersigned on February 23, 1966.
(United States Immigration Officer)
UNITED STATES DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
New York, New York
NOTICE OF FINDINGS
Re: Juan Gomez File No.
Whereas, after due examination and upon the basis thereof,I find that: (1) Spanish
Consul-General Ramirez has requested this Service in writing to arrest and return Juan
Gomez, a citizen of Spain and a member of the crew of the Spanish ship of war "Alcala
Galiano," who deserted said vessel on or about November 25, 1965, at Philadelphia,
Pennsylvania; (2) as evidence thereof, a duly certified copy of the crew list of the "Alcala
Galiano" has been presented and reflects that Juan Gomez was a member of said ship's
company at the time of desertion; (3) you have acknowledged that you did desert said
vessel on or about the date and at the place stated; (4) you are the Juan Gomez referred to
above and the charge alleged against you are true; (5) you are not a citizen of the United
States; and (6) you have not been previously arrested for the same cause.
Therefore, by virtue of the authority vested in me under the provisions of Article XXIV
of the 1903 Treaty of Friendship and General Relations between the United States and
Spain, as implemented by Executive Order No. 11267 of January 19, 1966, and section
252.5 of Title 8 of the Code of Federal Regulations, I hereby order that you be
surrendered to the official representatives of the Spanish government when they are
prepared to affect your departure from the United States. I further order that, if requested
by the Spanish authorities, you be detained for a period of not more than three months
from the day of your arrest to afford opportunity for the Spanish authorities to complete
travel arrangements.
_________________
Date: March 10, 1966
CERTIFICATE OF SERVICE
A copy of this notice was delivered to the above -named individual, and read and
explained to him by the undersigned on March 10, 1966.

Appendix 14-4 S-Visa Sample Packet
AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

UNITED STATES OF AMERICA
DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
______________
ORDER OF DEPORTATION
Section 214
TO:

LAST NAME, First Name (A00-000-000)

Having determined that:
1)

You are neither a citizen nor a national of the United States, and;

2) You were admitted to the United States on ________ at __________ under Section
214(k)(1) of the Immigration and Nationality Act, and authorized to remain until
______________.

3)

You have violated the conditions of that admission in that after admission as a

nonimmigrant under Section 214 of said Act, you :
___(A) failed to report not less often than quarterly to the Attorney General such
information concerning the your whereabouts and activities as the Attorney General has
required; or
___(B) have been convicted of a criminal offense punishable by a term of imprisonment
of 1 year or more after date of such admission; or
___(C) failed to abide by any other condition, limitation, or restriction imposed by the
Attorney General.

4) You have waived your rights (Form I-854, Part B.1.) to contest any action for
deportation, except to apply for withholding of deportation, having been admitted under
Section 214 of the Immigration and Nationality Act,
By virtue of the authority vested in the Attorney General of the United States, and in me
as his delegate, by the laws of the United States,

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

I HEREBY ORDER that you be deported from the United States of America.
____________________________ __ ________
(Signature)

(Date)

______________________ ______________________
(Name and Title)

(Place)

UNITED STATES DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
___________
WARRANT
Section 214
File No. A00 000 000
TO ANY OFFICER OR EMPLOYEE OF THE UNITED STATES IMMIGRATION
AND NATURALIZATION SERVICE:
Pursuant to Section 214 of the Immigration and Nationality Act, an authorized officer of
the United States Immigration and Naturalization service has ordered that:
LAST NAME, First Name
who entered the United states at (Port of Arrival) on the xxth day of Month, Year be
deported from the United States of America. Therefore, I, the undersigned officer of the
United States, by virtue of the power and authority vested in the Attorney General under
the laws of the United States and by his direction, command you to take into custody and
deport the said alien pursuant to law, at the expense of (Carrier)
Signature:
Title:

District Director

Date: ____________
UNITED STATES DEPARTMENT OF JUSTICE

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

IMMIGRATION AND NATURALIZATION SERVICE
NOTICE OF INTENT TO DEPORT FOR VIOLATING THE TERMS OF YOUR
ADMISSION UNDER SECTION 214 OF THE IMMIGRATION AND NATIONALITY
ACT
TO:

LAST NAME, First Name

File No.

A 00 000 000

The Immigration and Naturalization Service has determined that you entered the United
States pursuant to Section 214 of the Immigration and Nationality Act. Accordingly, you
executed a Form I-854, Inter-Agency Alien Witness and Informant Record , that
explained to you the conditions of your admission. When you signed Form I-854 Part
B.1., you waived your right to contest deportability before an immigration judge and the
Board of Immigration Appeals, and to any judicial review of any and all of the above
decisions.
The Immigration and Naturalization Service has determined that you have violated the
terms of your admission under Section 214 of the Immigration and Nationality Act on the
grounds that:
__ (A) You failed to report not less often than quarterly to the Attorney General such
information concerning the your whereabouts and activities as the Attorney General has
required; and/or
___(B) You have been convicted of a criminal offense punishable by a term of
imprisonment of 1 year or more after date of such admission, to wit: You were, on
_________ date at ____________________location, convicted in the court of
_________________(jurisdiction) for the offense of
__________________________________________________; and/or
___(C) You failed to abide by any other condition, limitation, or restriction imposed by
the Attorney General, to wit:______________________.
Accordingly, the United States Immigration and Naturalization Service has entered an
order that you be deported and removed from the United States.
Signature:
Title: District Director
Place:

Location

___

WARRANT FOR DEPORTATION OF

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

LAST NAME, First Name (A00 000 000)
(Name of Deportee)
Deported at Port of

on

(Port of departure from the U.S.)

(Date of departure)

Via
(Manner of departure; identify airline or ship; if other, state: afoot, car, etc.)
Departure witnessed by:
(Signature and title of officer)
If actual departure not witnessed, fully identify source or means of departure
verification:

If self-deportation pursuant to 8 CFR 243.5, check here
Officer Executing Warrant:
(Signature and Title)
Date Form Completed:
Comments:

(Signature of Person Fingerprinted)
Right Thumb Print

(Signature of Official Taking Print)

(Title of Official Taking Print)

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

GPO 863 444
U.S. Department of Justice

Notice of Country to which Deportation has been

Immigration and Naturalization Service directed and Penalty for reentry without
Permission
PLEASE REFER TO THIS FILE NO. A00 000 000
DATE: 00/00/0000
Dear Mr. LAST NAME, First Name:
This is a warning. please read carefully.

It has been ordered that you be deported to

(country)

.

You will be informed, if appropriate, when departure arrangements are complete. If
needed, we will assist you as much as possible in arranging your personal affairs for your
departure. However, you may be deported at any time and without further notice.
Should you wish to return to the United States you must write this office or the United
States Consular Office nearest your residence abroad as to how to obtain permission to
return after deportation. Permission must be obtained from the Attorney General if you
are seeking admission within five (5) years of deportation or removal, or within twenty
(20) years if your deportation was subsequent to a conviction for an aggravated felony.
By law, (Title 8 of the United States Code, Section 1326), any alien who has been
arrested and deported or excluded and deported who enters , attempts to enter, or is at any
time found in the United States shal be subject to the penalties listed below unless, prior
to his reembarkation at a place outside of the United States or his application for
admission from a foreign contiguous territory, the Attorney General has expressly
consented to such aliens reapplying for admission:
(a) Any such alien, other than an alien convicted of a felony, shall be fined not more
than $250,000.00 or imprisoned for not more than two (2) years. [8 U.S.C. 1326(a)]
(b) Any such alien whose deportation was subsequent to a conviction for a felony
(Other than an
aggravated felony) shall be fined not more than $250,000.00,
imprisoned for not more than five (5) years, or both. [8 U.S.C. 1326(b)(1)].
(c) Any such alien whose deportation was subsequent to a conviction for an
aggravated felony shall be fined not more than $250,000.00, imprisoned for not more
than fifteen (15) years, or both. [8 U.S.C. 1326(b)(2)].

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

Very truly yours,
(Name)
(Title)
Form I-294 (Rev. 06/12/92)N (SUBS)
Departmento de Justicia de los Estados Unidos
Servicio de Inmigracion y Naturalizacion
SIRVASE REFERIRSE A ESTE NUMERO DE REGISTRO
A00 000 000
FECHA: 00 / 00 / 0000
Estimado Sr. (NAME):
Esta carta es una advertencia. Le pedimos que la lea ciudadosamente.
Se ha ordenado su deportatacion a

(country)

.

Se le informara, si es apropiado, cuando se hayan concluido los tramites para su
salida. En caso necesario, le ayudaremos lo mas posible para arreglar sus asuntos
personales antes de su salida. Sin embargo, puede ser deportado en cualquier momento y
sin previo aviso.
En caso de que desee regresar a los Estados Unidos, debe dirigirse por escrito a esta
oficina o al Consulado de los Estados Unidos mas cercano a su domicilio en el extranjero
y preguntar como obtener permiso para regresar despues de su deportacion. Debe obtener
el permiso del Secretario de Justicia si trata de entrar en el palzo de cinco (5) anos a partir
de su deportacion o retiro, o en el plazo de veinte (20) anos si su deportacion se llevo a
cabo despues de una condena por delito grave con agravantes.
Segun la ley (Seccion 1326 del Titulo 8, Codigo de los Ustados Unidos), todo
extranjero que haya sido arrestado y deportado o excluido y deportado y que entre, trate
de entrar o se encuentre en cualquier momento en los Estados Unidos estara sujeto a las
penas mencionadas a continuacion a menos que, antes de reembarcar de un lugar fuera
del territorio de los Estados Unidos o antes de la presentacion de su solicitud de entrada
desde un territorio extranjero contiguo, el Secretorio de Justicia acceda expresamente a
que dicho extranjero vuelva a solicitar la entrada en el pais:

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

(a) Todo extranjero, salvo un extranjero condenado por un delito grave sera
condenado a multa de no mas de $250,000 o a encarcelamiento que no exceda de dos
anos. [Seccion 1326 (a) del titulo 8, Codigo de los Estados Unidos].
(b) Todo extranjero deportado despues de una condena por delito grave (salvo un
delito grave con agravantes) sera condenado a multa de no mas de $250,000, o
encarcelamiento que no exceda de cinco anos o ambas penas. [Seccion 1326(b)(1) del
Titulo 8, Codigo de los Estados Unidos].
(c) Todo extranjero deportado despues de una condena por delito grave con agravantes
sera condenado a multa de no mas de $250,000, o encarcelamiento que no exceda de
quince anos, o ambas penas. [Seccion 1326(b)(2) de Titulo 8, Codigo de los Estados
Unidos].
Atentamente,
Director de distrito
Form I-294 (Rev. 06/12/92)N(Subs.)

Appendix 14-5 Guidance Governing the S
Nonimmigrant Visa, Memorandum, dated December
23, 2002
Guidance Governing the S Nonimmigrant Visa, Memorandum, dated December 23,
2002

Appendix 15-1 Detention and Release of Aliens with
Final Orders of Removal, Memorandum, dated March
16, 2000
Detention and Release of Aliens with Final Orders of Removal, Memorandum, dated
March 16, 2000

Appendix 16-1 Travel Document Handbook
DETENTION AND DEPORTATION
TRAVEL DOCUMENT HANDBOOK
Preface

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

The Information contained in this handbook was designed to assist the field officer in
understanding the procedures involved in processing a travel document request with a
foreign embassy or consular office. If the Operations Instructions, Regional Office
Instructions, or Headquarters instructions differ from this handbook, then those
instruction must take precedence.
11/04/94
DDP
Detention and Deportation
Travel Document Handbook
Table of Contents
1. Introduction
2. Country Requirements
3. Capital Cities of the World
1. Introduction
This handbook is published as a guide to assist you in your work. Through the course
of time requirements may change and means in which to accomplish your objective in
obtaining a travel document may vary. When this occurs I-LINK will be prepared and
disseminated to the field.
Headquarters Deportation conducts meetings with Foreign Embassy Officials and
State Department personnel regularly, and will assist field officers, when a case becomes
extremely difficult to resolve, or reaches an impasse. It is important to keep in mind that
every attempt should be made to improve liaison locally with foreign Consulates in your
area.
Variations from the requirements contained herein should be promptly reported
through channels to the Assistant Commissioner, Detention and Deportation for
consideration and possible changes to the handbook.
The country requirements listed for the issuance of a travel document, were provided
by the foreign Embassies in Washington, DC. These requirements could vary depending
on the local consular office; however, they are basically accurate.
Some passports (for nonimmigrant only) are valid for six months beyond the
expiration date through agreements with the governments concerned. The list of countries
who have made such agreements are in the Foreign Affairs Manual (See Appendix).

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

All Service officers are reminded of the existing treaties under 8 CFR 236.1(e),
requiring communication with appropriate consular or diplomatic officers. Where the
processing time may differ from one consular office to another in issuing a travel
document, it is best to make notification early, so personnel or telephonic interviews can
be arranged to determine nationality.
All presentations should include: a fully completed I-217, Information for Travel
Document or Passport; I-862, Notice to Appear or I-863, Notice of Referral to
Immigration Judge; I-200, Warrant of Arrest; final orders of deportation, exclusion or
removal issued by an immigration judge (work sheet only); I-871, Notice of
Intent/Decision to Reinstate Prior Order; I-205 warrant of deportation; and I-294 or I-296
warning. The number of photographs varies depending on consular office; some require
fingerprints.
In cases involving criminal aliens, the presentation should include a complete record
of all convictions. Even if the passport is valid, notification must be made in advance of
travel arrangements.
Cases involving asylum should be kept confidential. Copies of immigration judges'
orders, Board of Immigration Appeals decisions, I-589's, etc., should not be sent to a
foreign Embassy or Consul. Any material in the record or A-file pertaining to a Political
asylum claim should not be supplied. Request for this information can be processed
through a Freedom of Information Request, Form I-639.
A presentation should be made in cases involving mentally ill aliens if the passport is
valid. This should include a medical and clinical summary from the place of
hospitalization. Arrangements should be made through the consular office in the United
States for possible hospitalization upon arrival at foreign port. Advance travel
arrangements are required.
Some aliens travel on documents issued by the country of residence rather than the
country of citizenship. It is important that such documents be kept valid as the country
concerned will generally deny a travel document on the basis of loss of residency after
the document has expired.
All of the embassies have expressed a similar concern regarding proof of citizenship.
The burden of proof lies with the U.S. Government to prove the deportees nationality.
When submitting a presentation for a travel document every effort should be made to
obtain some type of identification from the alien, his\her family, or from records . The
Nonimmigrant Information System (NIIS) should be checked for entry information and
passport number. Family members files should be reviewed for information on deportee.
INTERPOL should be contacted in cases where it is believed subject is lying about
his\her identity, so fingerprints, photograph and biographical information can be
forwarded to areas of possible origin.

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

2. Country Requirements
A
AFGHANISTAN
ALBANIA
ALGERIA
ANGOLA
ANTIGUA AND BARBUDA
ARGENTINA
ARMENIA
AUSTRIA
AUSTRALIA
AZERBAIJAN
B
BAHAMAS
BANGLADESH
BAHRAIN
BARBADOS
BELARUS
BELGIUM
BELIZE
BENIN
BHUTAN
BOLIVIA

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

BOSNIA AND HERZEGOVINA
BOTSWANA
BRAZIL
BRUNEI DARUSSALAM
BULGARIA
BURKINA FASO
BURUNDI
C
CAMBODIA
CAMEROON
CANADA
CENTRAL AFRICA
CAPE VERDE
CHAD
CHILE
CHINA
COLOMBIA
COMOROS
CONGO
COSTA RICA
COTE D'IVOIRE
REPUBLIC OF CROATIA
CUBA

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

CYPRUS
CZECH REPUBLIC
D
DENMARK
DJIBOUTI
DOMINICA
DOMINICAN REPUBLIC
E
ECUADOR
EGYPT
EL SALVADOR
EQUATORIAL GUINEA
ERITREA
ESTONIA
ETHIOPIA
F
FIJI
FINLAND
FRANCE
G
GABON
GAMBIA
GEORGIA

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

GERMANY
GHANA
GREAT BRITAIN
GREECE
GRENADA
GUATEMALA
GUINEA
GUINEA-BISSAU
GUYANA
H
HAITI
HONDURAS
HUNGARY
I
ICELAND
INDIA
INDONESIA
IRAN
IRAQ
IRELAND
ISRAEL
ITALY
J

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

JAMAICA
JAPAN
JORDAN
K
KAZAKHSTAN
KENYA
KIRIBATI
KOREA NORTH
KOREA SOUTH
KUWAIT
KYRGYZSTAN
L
LAOS
LATVIA
LEBANON
KINGDOM OF LESOTHO
LIBERIA
LIBYA
LIECHTENSTEIN
LITHUANIA
LUXEMBOURG
M
THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

MADAGASCAR
MALAWI
MALAYSIA
MALDIVES
MALI
MALTA
MARSHALL ISLANDS
THE ISLAMIC REPUBLIC OF MAURITANIA
MAURITIUS
MEXICO
THE FEDERATED STATES OF MICRONESIA
MOLDOVA
MONACO
MONGOLIA
MOROCCO
MOZAMBIQUE
MYANMAR
N
NAMIBIA
NAURU
NEPAL
NETHERLANDS
NEW ZEALAND

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

NICARAGUA
NIGER
NIGERIA
NORWAY
O
OMAN
P
PAKISTAN
REPUBLIC OF PANAMA
PAPUA NEW GUINEA
PARAGUAY
PERU
REPUBLIC OF THE PHILIPPINES
POLAND
PORTUGAL
Q
STATE OF QATAR
R
ROMANIA
RUSSIA
THE REPUBLIC OF RWANDAISE
S
SAINT KITTS AND NEVIS

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

SAINT LUCIA
SAINT VINCENT AND THE GRENADINES
SAN MARINO
SAO TOME AND PRINCIPE
SAUDI ARABIA
SENEGAL
SEYCHELLES
SIERRA LEONE
SINGAPORE
SLOVAKIA
SLOVENIA
SOLOMON ISLAND
SOMALIA
SOUTH AFRICA
SPAIN
SRI LANKA
SURINAME
SUDAN
KINGDOM OF SWAZILAND
SWEDEN
SWITZERLAND
SYRIA
T

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

TAIWAN
TAJIKISTAN
TANZANIA
THAILAND
REPUBLIC OF TOGO
TONGA
TRINIDAD AND TOBAGO
TURKMENISTAN
TURKEY
TUNISIA
TUVALU
U
UGANDA
UKRAINE
UNITED ARAB EMIRATES
URUGUAY
UZBEKISTAN
V
VANUATU
VENEZUELA
VIETNAM
W
WESTERN SAMOA

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

Y
YEMEN
Z
ZAIRE
ZAMBIA
ZIMBABWE
AFGHANISTAN
Valid passports may be used to deport non-criminal Afghan citizens without
notification to the Embassy. Criminal cases require embassy notification.
Expired passports, or cases without a passport, must be presented to the embassy. The
normal INS presentation package is acceptable. There are no applications that need to be
filled out.
Non-Afghan citizens may not be deported to Afghanistan without specific permission
from the embassy.
ALBANIA
(Rev. 2/25/2000)
Embassy Address:

2100 S Street, NW

Washington, DC 20008
Contact:

Nasi Mitrojorgji

Position:

First Secretary

Phone:

(202) 223-4942

Fax #:

(202) 628-7342

Web Site:

N/A

E-Mail:

N/A

Travel Document Request:

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

Can alien return on an expired passport?

NO

Is travel document application required?

NO

Is a fee required?

YES $30.00

Number of photos required:

2

Interview by consular officer required?

NO

Itinerary required before document issued?
Other documents required:
NTA

NO

I-217

YES

YES

Judges order

YES

Warrant of Removal
Fingerprints

YES
NO

Birth certificate/passport/ID

YES

Notification:
Notification required on all aliens
Notification on criminal aliens

YES
YES

How many days advanced notice required?

5 days

Special notifications required/additional information:
N/A
Visa Requirements:
Are visas required for escorting officers?

NO

Is a visa application required

NO

Is an official letter required?

NO

Is a fee required?

NO

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

Are transiting visas required?

NO

Consular offices in the United States:
N/A
ALGERIA
(Rev. 8/16/2000)
Embassy Address:

2137 Wyoming Avenue, NW

Washington, DC 20008
Contact:

Karim Velkessan

Position:

Head of Consulate Section

Phone:

(202) 265-2800

Fax #:

(202) 667-2174

Web Site:

www.algeria-us.org

E-Mail:

embalgus@cais.com

Travel Document Request:
Can alien return on an expired passport?

YES

Is travel document application required?

NO

Is a fee required?

NO

Number of photos required:

3

Interview by consular officer required?
Itinerary required before document issued?
Other documents required:
NTA
Judges order

I-217

CASE-BY-CASE
YES
YES

YES
YES

AILA InfoNet Doc. No. 09100571. (Posted 10/05/09)

Warrant of Removal
Fingerprints

YES
YES

Birth certificate/passport/ID

YES

Notification:
Notification required on all aliens
Notification on criminal aliens

YES
YES

How many days advanced notice required?

5 days

Special notifications required/additional information:
Algerian citizenship law follows jus sanguinis. To be a citizen of Algeria it is required
that a persons father and grandfather be citizens of Algeria. If the alien is born outside of
Algeria, that persons father, grandfather and great-grandfather must be citizens of
Algeria.
Al requests for a a travel document must be forwarded by the Embassy to the Ministry in
Algeria for approval. Some form of Algerian identity document is required for a
document to be issued. Algeria will not issue without any identification whatsoever.
Algeria also will not issue passports to non-citizens as other Arabic countries will do.
The Algerian Consulate in New York does not issue travel documents or visas for the
removal of aliens to Algeria. All requests must be sent to t