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Participant Workbook Overview

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IC ours e Introduction to Sources of Information
Course Purpose This course is an introduction relating to sources of information that
pertain to the administration of the Immigration and Nationality Act,
as amended.
!Field Performance Given field situations requiring information pertinent to the
Objective administration of the INA, the Officer will be able to locate and use
sources of information to aid in the performance of official duties, as
:outlined in the course.
~nterim (Training)
lPerformance Objectives 1. Identify sources of information available to ICE agents/officers.
2. Identify the purpose and sources of information found in 1-
LINKS.
3. Identify government information sources and their respective
systems. to include, but not limited to ICE and other law
enforcement agency information.
4. Identify sources of immigration law and related information.
I
!Instructional Methods ~ Hour Classroom Lecture & Computer Lab if available
Method of Evaluation Multiple Choice Examination
Irraining Aids Power Points; distribute handouts OR Lab
Icon Legend
(Those used in this lesson are highlighted)
~ft I@ - 01 - C Q&A
-
- -
[Ii] -
Show Overhead Conduct Exercise Play Videotape Distribute Conduct Quiz Question and Answer
Transparency Handout Period Student Materials! References

Student Workbook

Section 287(g) Training Program NOVEMBER 2007

INTRODUCTION TO SOURCES OF INFORJ."V.lATION 1

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I. INTRODUCTION

A. Knowledge of how to properly use reference material (sources of information) available to ICE officers results in a more

effective and efficient ICE operation. /

B. The use of appropriate DRS computer systems, policy documents. case law. etc. can reduce the amount of time required to process a case and results in a more uniform application of the law and outstanding Service policy.

C. Uniform application of the law is extremely important, A reviewing court may reverse an ICE action if it does not employ a uniform application oflaw and policy.

D. It is important that all officers familiarize themselves with, and learn to utilize the sources of information available to them.

ll.

OBJECTIVES

The objectives for this course are as follows:

• Identify sources of information available to officers.

• Identify the purposes and uses of various sources of information found in I-LINK.

• Identify government information sources and their respective systems to include, but not limited to ICE . and other law enforcement agency information.

• Identify sources of immigration law and related information.

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III. DEVELOPMENT

A~ Law, Regulations and Guides

1. The Immigration and Nationality Act (INA or Act), as amended. This is the law of Aliens and Nationality, as written by Congress as Title 8 of the United States Code (USC).

2. Title 8 Code of Federal Regulations (CFR) -These regulations give officers instructions on how to . implement the INA. They provide additional

information necessary in order to enforce the Act,. , ,

including guidelines for usage. The various different Congress writes the law,

DHS agencies are responsible for writing the agencie~ write the

regulations contained in 8 CFR. Once written and Regulations

approved, these regulations are binding on everyone P .. Is

. th articipants maya 0 want to

(ICE, other government agencies, e general ider usi BI k' L

. consi er usmg ac s aw

public, etc.) Dictionaryas a Source of

information. It: Provides legal definitionsand abbreviations.

B. Federal Register

1. Any proposed change in government CFR's, including Title 8 CFR, must be published in the Federal Register prior to implementation. Normally, a proposed change may not be implemented until the private bar, the public and other interested parties have been given the opportunity to comment

The federal register can be found at various sites on the internet; however, the I-Link is one way to search the FR for information pertinent to ICE officers.

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2. Provides uniform system to inform legal profession and general public about how the Service intends to implement the INA.

3. The Federal Register is published daily, Monday through Friday by: Office of the Federal Register, National Archives, GSA, Washington, DC.

C. Board of Immigration Appeals Decisions

1. A precedent decision is a final written determination accompanied by a statement of reason. Can be made administratively by an official or official body, or judicially by a judicial body (Board of Immigration Appeals).

2. Precedent decisions can be:

)

a. Bound - Administrative Decisions - Volumes published by the Board of Immigration Appeals (BIA)

b. Unbound - Interim Decisions

,3. Only those cases involving complex or novel issues of immigration law or interpretation are selected for publication.

4. The purpose of precedent decisions is to provide a uniform interpretation of how law is to be applied when unusual or complex issues are presented. Therefore, any matter under consideration, involving factors identical to a past precedent decision, must be decided in a manner consistent with the precedent decision.

Found in http://www.usdoj.govfeoir,

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5. Precedent decisions are binding on:

a. All ICE agents/officers

b. Federal Court System

c. Attorneys

d. Deciding Official

e. Deciding Body

f. General Public - decisions must be made available to the public.

Simply put, precedent decisions are binding on everyone.

6. Precedent decisions can be:

a. Overruled - dedision.colP-pletely changed.

b. Reaffirmed - affirms prior decision.

c. Modified - slight change to prior decision.

d. Superseded - prior decision supported but changed because of circumstances of a particular case.

e. Distinguished - applied to a different set of circumstances.

D. Field Manuals:

Field manuals provide additional instructions and internal policy to supplement law, regulations andlor precedent decisions. Field manuals that can be viewed in I-L1NK include: the Asylum Officers Field Manual, the Special Agents Field Manual, The Detention and Removal Operations Policy and Procedures Manual, The Adjudicator Field Manual, etc.

8 CFR 103.3(c); 8 CFR 103.9; 8 CFR 100l.1(g)

Not all BIA decisions are precedent decisions

e.g. various Circuit Court decisions.

Found In the Field Manuals Section on-Link..

Also found at:

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E. Automated Government Systems

1. The DRS I-LINK (formerly known as INSERTS) web-site can be located on the Intrgnet, Officers can utilize this system to research Immigration law, regulations and policy. The site also includes

electronic versions ofField Manuals as well as legal The website for I-Linkjs as opinions and administrative manuals. The site includes information that is useful to officers working in CIS, CBP and ICE.

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2. The Central Index System (CIS): The CIS houses basic information contained in' an "A" file. A computer check of CIS by name or ','A" number will provide information on the existence of an !fA" file for a subject, as well as the subject's current

immigration status. In addition to the above, queries Many of these functions are

can be conducted using aliases, social security covered in the A-files portion

numbers, passport numbers, NATZ. certificate of the curriculum.

numbers, 1-94 numbers, FBI numbers and driver's

licenses. The more information that is placed in

CIS when the A-file is created directly equates to

the ease in which the information will be found.

In addition, information from other systems also ties into CIS, which will key the agent into other possible current processes that may affect the agents case, ie. CARD-X, NAILS-X, DACS-X, EADS-X, etc. Once the A# has been obtained, CIS allows the user to acquire the history of that card, i.e., duplicate cards made, apprehensions, visa processing, etc. CIS will also allow the user to view the card display, which shows the information that should be on the back of the card.

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3. Deportable Alien Control System (DACS)

The DACS provides information on the status and disposition of removal cases. DACS captures removable alien data; tracks aliens who are arrested, detained or formally removed from the country; and produces, deportation forms and reports. DACS is also searchable using an individual's name or "A"numbet, albeit the name search must be exact,

"Unlike CIS; in order to obtain positive results, Le, Martinez-Lopez not Martinez Lopez or Martinez. DACS contains a number of codes that may assist the officer needing information. Some of the codes that are more commonly used ate as follows:

4. Computer Linked Applicationlttforniation' Management System (CLAtMS):The CLAIMS' ' is an application processing system that provides information concerning the receipt, adjudication,

and notification processes forappllcants mel " , petitioners of INS benefits, such as 'Employment Authorization Documents, Permanent Residency, Applications for Permission to Reenter after Removal etc. Citizenship and Immigration

Services maintains and uses this system on a daily basis. Not all ICE entities have access to this system.

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5. Treasury Enforcement Communications System (TECS): The TECS provides immediate access to records in the TEeS database on suspect individuals, businesses, vehicles, aircraft, or vessels. A TECS terminal can also access NCIC records on wanted persons or vehicles, license plates, articles, guns, securities, boats and criminal histories. TEeS also provides an interface with the Natiorial Law Enforcement Telecommunications System (NLETS). NLETS, in turn, provides an administrative message switching capability between TEeS and law enforcement agencies in all states except Hawaii and vehicle registration and driver license information,

TEes also contains a great deal of information regarding a variety of immigration related informationincluding but not limited to:

a. National Automated Immigration Lookout System (NAILS II): NAILS contains information about a person of interest tc DBS for law enforcement purposes from terrorist lookouts to visa denials and overstays. Lookouts are placed into NAILS by DHS and for other law enforcement agencies.

b. Non-Immigrant Information System (NIlS):

NIlS contains arrival, departure and supplementary information pertaining to nonimmigrants entering the United States.

6. Student Exchange Visitor Information System (SEVIS): SEVIS contains information relating to non-immigrant students, M, J, or F. Information may include current address, school POe's,hours carried, employment information, etc.

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7. The Integrated Automated Fingerprint Identification System (IAFIS) and The Enforcement Case Tracking System (ENFORCE):

Section,287(g) Officers will be using these two systems on a regular basis.

The IAFIS provides automated fingerprint search capabilities, latent searching capability, electronic image storage, and electronic exchange of fingerprints and responses, 24 hours a day, 365 days a year. The ENFORCE documents and tracks the investigation, identification, apprehension, detention, and/or removal of immigration law violators,

F. Other Government Sources

1. Instructions Portion of Applications for DHSlImmigration Benefits: The instructions found on DHS forms and applications can be helpful to ICE officers, as well as applicants; These instructions may include definitions, categories of persons who are eligible/ineligible for benefits; documentation requirements, etc,

2. Forensic Document Laboratory (FDL): The;FDL provides forensic support services and

documentary intelligence throughout the DRS:

3. EI Paso Intelligence Center (EPIC): The EPIC is EPIC Phone Number: (915) an interagency effort devoted to the sharing of ' 760-2000, Offer information information. Provides information on illicit drug ?n birth certificat.es used by and currency movement, alien smuggling, weapons Imposters, narco~cs trafficking, fraudulent documents, and false claims traffickers andalien .

t US iti shi . ' . smugglers. Of Proprietary

o .. CI zen p., ' has a website for EPIC that

Includescontact numbers for .. ' ICE.

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4. Intelligence Reports: Intelligence reports are published by various DHS entities, including DRO at the HQ, FO and local levels. Provides information to field that can be used to improve

quality of work in fraud and ,",.LI..l~ru.JLvll.ll",

law enforcement.

LAW ENFORCEMENT PROCEDURES AND INVESTiGATIVE TECHNIOUES L

5. Interagency Liaisons: ICE has several - ,'J

who act as liaisons between ICE and other aJ:',~ll.v~v~

such as InterPol, CIA, and FBI.

Liaisons with Interpol and. DOS may assist in travel documentation.

6. Foreign ICE Offices: Contacting a foreign ICE

office is usually the quickest and easiest means of ICE Attache Offices can be

obtaining information about that country or found on the ICE website at:

obtaining cooperation from the country's http://www.ice.gov/graphics/i

government. The location of the ICE office within nternationalaffairs/contact.ht the country would indicate that the employees have m

already established aworking relationship with the -

foreign government offices, as well as with other Under the International

U.S. entities in the same area. AffairS (OIA) contact information. OIA desk officers should be contacted prior to contact with the attache officers at 202-305- 2900

7. Other agency CFR's relating to the INA: Can be found at

Contains regulations issued by each agency http://www.access.gpo.gov/na

administering statutory law Within their jurisdiction. ralcfr/cfr-table-search.html Title 20 DOL; Title 21 FDA; Title 32 Selective

Service Sys. Title 42 U.S. Public Health

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8. Other Agency Recerds: Outside agencies may have a record and/or hard-copy file for (he Subject(s) of an ICE investigation, as the alien/organization:

• May be the subject of an outside agency, investigation (DEA, FBI, ATF).

eMayhave applied for a non .. DHS benefit (i.e, Iabor certification, welfare, etc.) Social Security, for example, is required to furnish the current address, social security number and photograph to law enforcement under Section 202b of Title 16.

To facilitate these processes, many agencies have agreements that allow for the sharing of information, services and investigative assistance such as MOUs/MOAs. A Memorandum of Understanding/ Agreement is a document that is created and agreed upon by two or more government agencies. The MOD outlines what is expected from each participating agency in relation to the subject of the MOU. Private companies may also be part of an MOD.

9. Visa Bulletin: The' 'Visa Bulletin; published, monthly by: the DOS provides Service and general publiG With monthly information regarding availability of preference numbers for immigrant visas (both family and employment based preference numbers),

, VisaB~lleti~s can be found in the DOS website at:

http://travel.state.gov/visa/fr vilbulletinlbulletin 1360.htm !

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10. A-iIle: The A-File is a record relating to a single individual. The record contains documents and correspondence concerning any type of action (other' than nonimmigrant information) that arises under the INA. The DijS maintains over 30 million

active files. The "A" File may be designated as either classified or non-classified.

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IV. SUMMARY REVIEW QUESTIONS

1. What Service source of information contains statutory provisions of8 U.S.C. (aliens and nationality)? Who writes this source?

2. Which source of information provides instructions and information on how to implement the INA? Who writes this source?

3. What is DACS and what is its purpose?

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4. What is the purpose of precedent decisions? What are the two types of precedent decisions?

5. Which Service database contains A-numbers and information on lawful permanent residents, violators and other persons for whom the INS has opened an A-File?

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6. Where could an Officer find manuals of instruction for USCIS, CBP and ICE Officers?

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7. Which automated government source of.information Will allow an Agent/Officer to query a name to obtain driver's license

information and at the same time run an NCIC query? NJ~

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8. If the Service wants to change the implementation of the INA, how do they fulfill the requirement to inform the legal profession and the general public about the change?

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9. Which source of information provides information about the availability of immigrant preference numbers?

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10. Which source of information prepares intelligence bulletins regarding fraudulent documents, verifies the authenticity of documents sent by field agents/officers and prepares documentation for court testimony regarding those documents?

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11. What system wouldan Agent/Officer use to verify if an alien had Temporary Protected Status?

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Section 287(g) Training Program NOVEMBER 2007

INTRODUCTION TO SOURCES OF INFORMATION 16

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