T5 B5 Yates- Bill Fdr- 10-1-03 Revised Cis Draft- Case Referral Criteria 171

REVISED CIS DRAFT- 10/1/03 CASE REFERRAL CRITERIA Citizenship and Immigration Services (CIS) shall apply the following criteria when referring cases to Immigration and Customs Enforcement (ICE) for investigation:1

I. BENEFIT FRAUD REFERRALS > Level 1 - Preliminary Inquiry: CIS has determined that articulable fraud indicators are present and that the case requires minimal ICE investigative intervention before a proper adjudicative decision can be made. CIS will request specific action, and explain its potential impact on the adjudication of the related application and/or petition. CIS' primary objective is to validate or invalidate fraud, and when fraud exists, get sufficient information in which to deny the application or petition. This category of low-level investigative action may include very basic observations, with no personal contact or confirmation of public record information. ICE will have 30 days from the referral date to complete the requested investigative action. If ICE is unable to accept the case or complete the investigative action within 30 days, they will return the case to their referring ICE-BFU, with a specific reason for an extension or declination. After review, ICE-BFU will either forward the case to the referring CIS-FDU with their findings, or return it to the field ICE office for investigative purposes. ICE-BFU will advise CIS-FDU of any and all extensions. At no time will an extension exceed 60 days, unless the initial investigative action raised the level of the referral to Level 2 or 3. Cases that are returned without the requested investigative action may warrant a compliance and verificationrelated review by CIS, in an effort to obtain the information needed to make a proper adjudicative decision. > Level 2 - Limited Investigation: CIS has determined that articulable fraud indicators are present and that the case requires ICE investigative intervention before further administrative and/or prosecutorial action can occur. CIS will request specific action, and explain the potential impact on the adjudication of the related application and/or petition. CIS' primary objective is to validate or invalidate fraud, and if fraud does exist, get sufficient information in which to deny the application or petition. This category of mid-level investigation action may include limited physical surveillance, interviewing witnesses and other subjects (to possibly include sworn statements), obtaining information pursuant to an administrative subpoena, etc. If ICE is unable to accept the case or complete the investigative action within 60 days, they will return the case to 1 This caseload prioritization will enable ICE to engage its limited resources in a more efficient and effective manner. Cases are referred to the applicable area ICE-Benefit Fraud Unit (BFU), via a CIS Fraud Detection Unit (FDU).

REVISED CIS DRAFT- 10/1/03 their referring ICE-BFU, with a specific reason for an extension or declination. After review, ICE-BFU will either forward the case to referring CIS-FDU with their findings, or return it to the field ICE office for investigative purposes. ICE-BFU will advise CIS-FDU of any and all extensions. At no time will an extension exceed 90 days, unless the initial investigative action raised the level of the referral to Level 3. Cases that are returned without the requested investigative action may warrant a compliance and verification-related review by CIS, in an effort to obtain the information needed to make a proper adjudicative decision. Level 3 - Full-field Investigation: CIS has identified fraud indicators involving major conspiracies. These cases involve multiple applications/petitions, and require full field criminal investigation. Conspirators consist of repetitive petitioners, beneficiaries, and/or third parties such as, organizations, attorneys, preparers, consultants, travel agents, notary publics, schools, etc. Fraud schemes frequently result from intelligence information, data mining and pattern analysis, established fraud indicators, information shared between CIS and ICE, and/or leads provided by external sources. CIS-FDUs will provide ICE a detailed analysis of their findings and recommendations.

II. NATIONAL SECURITY REFERRALS Cases involving foreign nationals suspected of being involved in terrorist or other activities threatening national security.

III. PUBLIC SAFETY/INTEREST REFERRALS Cases that pose a threat to public safety or contain elements of significant or otherwise sensitive interest, to include: • • • • • •

Mandatory Detention Cases Aggravated Felons Interpol Red Notices Re-entry Cases War Criminals Human Rights Violators