\ afm \ Adjudicator's Field Manual - Redacted Public Version \ Chapter 3 Mission and Functions of Adjudications. \ 3.6 Roles and Functions of Related USCIS AND DHS Branches.
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3.6 Roles and Functions of Related USCIS AND DHS Branches.
This section deals, in general terms, with the functions of and relationships to Adjudications of a certain organizations within
. For information on liaison with other government agencies, see chapter 83; for information about procedures for record checks through the FBI, Department of State and others, see chapter 18.
Each district and sub-office has an Investigations Branch which handles a wide range of immigration-related investigative activity. Investigations case work falls primarily into three areas:
employer sanctions, which is responsible for investigation and prosecution of employer which are in violation of
of the INA which prohibits the employment of aliens who do not have employment authorization;
criminal alien investigation and processing; and
fraud investigation, dealing with aliens who commit fraud to circumvent the immigration laws.
Most enforcement activities leading to arrest and removal proceedings within district offices stem from one of these three activities. Because of extremely limited resources available for benefit fraud investigative activity, district Adjudications officers must work closely with Investigations personnel to minimize the volume of cases which are referred for investigative action. Whenever possible, district Adjudications officers should develop simple fraud cases without major involvement by Investigati
ons officers. Investigations should be alerted when there is possible criminal prosecution of large scale operations: document vendors, marriage fraud rings, fraudulent attorney activities, etc. For detailed information regarding the Investigations Case Management System (ICMS), the management system which determines the priority of casework accepted by the Investigations Program, see the
Investigator’s Field Manual
, Chapter 61.
Detention and Removal Program
The district Detention and Removal operation is responsible for the management of a docket of cases involving aliens determined to be unlawfully present in the United States. In most districts, unlawfully present aliens are regularly identified during the course of adjudication. Adjudications officers may be required to initiate removal proceedings and place aliens under docket control upon denial of certain immigration benefits. Local procedures, largely dictated by resource availability, will determine
which cases are placed under docket control and which offices are responsible for such actions.
The district counsel staff is the legal advisor for the district director in addition to serving as the prosecuting attorney in removal proceedings. The district counsel may also represent the interests of the Adjudications Branch when lawsuits are filed involving Adjudications decisions.
attorneys may be required to prepare and file legal briefs in Federal court as well as immigration court. It is critical that close liaison exist between district counsel staffs and adjudications officers in order to guarantee that only strong, legally defensible cases are brought into court and to forestall legal actions against
. In some jurisdictions, the United States Attorney has a special assistant United States Attorney for immigration litigation. The district counsel is the primary liaison with this special assistant.
The ICE Intelligence Program supports Adjudications in several ways such as examining and identifying fraudulent documents used to support applications and petitions, providing exemplars of legitimate and counterfeit documents and identifying and reporting trends in unlawful immigration-related activities. Individual officers contribute to the Intelligence Program through a district intelligence officer (generally one or more collateral positions), submitting information which may have potential intellige
nce value. Refer to the
Inspector’s Field Manual
for a detailed discussion of the Service Intelligence Program, Intelligence gathering, and forensic analysis capabilities and procedures of the Forensic Document Laboratory. Also refer to the Intelligence Bulletin Board on the ICE INTRANET. See also FinCen and INTERPOL, discussed in SAFM
El Paso Intelligence Center (EPIC) Operations
Although not a part of
, EPIC is staffed, in part, by
employees. A discussion of EPIC operations and the reporting of documented false claims is contained in
Inspector's Field Manual.
Among other things, EPIC is a repository and source of information concerning authentic and counterfeit birth records often used to support false claims to United States citizenship.
Office of the Inspector General (OIG)
The Department of Homeland Security's Management Directive MD 0810.1 of August 24, 2004, established DHS policy regarding the Office of the Inspector General (See
Fraud Dection and National Security (FDNS)