T5 B5 Yates- Bill Fdr- 2-10-04 Draft Mou Between Cis And Ice 170

U.S. Department of Homeland Security

425 / Street, NW Washington, DC 20536

DRAFT (M/M/04 02/10/94; CIS/ldc)

MEMORANDUM OF UNDERSTANDING Between U.S. Citizenship & Immigration Services (CIS) and U.S. Immigration & Customs Enforcement (ICE) (Date) SUBJECT: Joint Immigration Benefits Anti-Fraud Initiative PURPOSE: To establish the policies and procedures that will govern the relationship between the immigration benefits anti-fraud efforts of CIS and ICE. The Fraud Detection Units (FDUs) are CIS' primary vehicle to identify fraud through data mining and receipt of leads within CIS and outside sources. 100% of benefit fraud leads will be forwarded to the ICE Benefit Fraud Units (BFUs). The BFUs1 will ensure the proper prioritization and vetting of all appropriate lead information received from the FDUs, and refer leads to ICE field offices, with the goal of identifying and targeting the most significant fraud violators. And, within resource constraints, the BFUs will investigate relatively uncomplicated leads required for proper adjudication of benefit applications and/or criminal schemes that may involve one or more participants. The BFUs will also facilitate investigations-related data mining, ensure referral of cases for adjudicative follow up upon completion of investigation and/or when otherwise appropriate, and detect potential fraud trends as well as policy and procedural vulnerabilities in specific benefit programs. This Memorandum of Understanding (MOU) is also intended to promote cooperation, communication, and coordination between CIS and ICE, to clearly delineate the roles and responsibilities of each party, and to enhance the effectiveness of each party's immigration benefits anti-fraud efforts. MISSION: As an entity within the Department of Homeland Security (DHS), the CIS mission is to deliver the right benefit, to the right person, at the right time, and no benefit to the wrong person. The ICE mission in combating benefit fraud is to protect the United States and its citizens by detecting and deterring immigration fraud through focused, comprehensive investigations and prosecutions of organizations and individuals^, with the ultimate goal of dismantling significant criminal enterprises. 1 The BFL^-weFe-«&ta^^ed-afra4lUet^m^e^^HSept^Hb^f4-Sr3QO^T[.loe-Reconiinend deletion in that the BFUs are no longer pilots.]

CONTROLLING DOCUMENTS: Policies, guidelines, standard operating procedures, and other guidelines generated and agreed to by CIS and ICE.

CHAIN OF COMMAND: The parties will utilize their respective chains-of-command for purposes of administering the immigration benefits anti-fraud initiative. This includes, but is not limited to: ensuring field offices comply with established policies, procedures, and guidelines; meeting established performance standards and objectives, and collecting and reporting benefit fraud related information. RESPONSIBILTIES: The parties agree that their respective Headquarters benefit fraud operations will be the primary DHS components responsible for implementing, overseeing, and maintaining this joint immigration benefits anti-fraud initiative. CIS recognizes that ICE is the DHS Agency tasked with the authority and responsibility to conduct criminal and administrative investigations and to pursue prosecution. CIS recognizes that ICE's criminal investigation and criminal prosecution of large scale-immigration benefit fraud-related conspiracies is critical to deterring and combating fraud. CIS also recognizes the role of ICE in identifying vulnerabilities in the immigration benefit system and recommending policy or procedural changes that te address those vulnerabilities^, and in developing initiatives to deter fraud and reduce the iaeefttlves for committing frattdr ICE recognizes that CIS must obtain information needed to make proper and timely adjudicative decisions, and that in order to accomplish this, CIS conducts systems checks, data mining, pattern analysis, national security information evaluations, operational reviews and any necessary verification-related activities. ICE also recognizes that CIS' denial of benefits to ineligible aliens is critical to deterring and combating fraud. COORDINATION: The parties will form a National Benefit Fraud Coordination Committee to oversee this joint immigration benefits anti-fraud initiative, and to make recommendations aimed at enhancing its overall effectiveness. All policies, guidelines, and standard operating procedures affecting this joint immigration benefits anti-fraud initiative will be presented to this Committee and implemented upon recommendation of this Committee. Committee members will include the CIS Director of Fraud Detection and National Security, the ICE Chief of the Identity and Benefits Fraud Unit, and other appropriate personnel. This Committee will meet at least once a month and will terminate only upon the agreement of both parties. DATA SYSTEMS: The parties agree to maximize the sharing of data and information relating to immigration petitions and applications, benefit fraud and suspected benefit fraud, benefit fraud investigative actions and results, and other information relating to benefit fraud operations, including access to databases when appropriate and feasible. They agree to work together in improving existing data sharing practices and enhancing existing systems and/or developing future ones to better support this immigration benefits anti-fraud initiative.

EFFECTIVE DATE: This MOU will take effect when signed by the Director of CIS and the Assistant Secretary of ICE. It will remain in effect unless terminated or modified in accordance with its terms. MODIFICATIONS: All modifications of this MOU must be mutually agreed upon by CIS and ICE and must be in writing. The Director of CIS and the Assistant Secretary of ICE may delegate to appropriate officials within their respective organizations the authority to approve and sign modifications of this MOU, or to approve and sign appendices, addenda, or other agreements related to it. TERMINATION: This MOU can be terminated only by the mutual written agreement of the Director of CIS and the Assistant Secretary of ICE, or by either party providing a minimum of 30 days written notice to the other. NO PRIVATE RIGHT CREATED: These provisions are not intended to and do not create any rights, privileges, or benefits substantive or procedural, enforceable by any individual or organization against the United States, its departments, agencies, or other entities, its officers or employees, or any other person.

SIGNATORIES:

Eduardo Aguirre, Jr. Director U.S. Citizenship and Immigration Services

Date

Michael J. Garcia Assistant Secretary U.S. Immigration and Customs Enforcement

Date