Immigration and Customs Enforcement - Gang Classification Policy, 2017
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U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT ICE Policy System OFFICE OF PRIMARY I NTER EST: OFFICE OF INVESTIGATIONS DISTRIBUTION: DIRECTIVE NO.: ISSUE DATE: EFFECTIVE DATE: REVIEW DATE: SUPERSEDES: OI, DRO, FPS, INTELLIGENCE 7-2.0 August 4, 2006 August 4, 2006 August 4, 2009 None DIRECTIVE TITLE: ICEGANGS DATABASE: DATA ENTRY AND USE 1. PURPOSE and SCOPE. This Directive establishes policy for the entry of suspected gang members and/or their associates into the ICE Gangs database by U.S. Immigration and Customs Enforcement (ICE) Office of Investigations (OI) Special Agents, Office of Detention and Removal Operations (DRO) Officers and Immigration Enforcement Agents (IEAs), Office of Intelligence (INTEL) Special Agents and Analysts, and Federal Protective Service (FPS) Special Agents and Police Officers. The ICEGangs database will enable information sharing between participating federal, state, and local police agencies. 2. AUTHORITIES/REFERENCES. 2.1 Authority 2.1.1 18 U.S.C. § 521, Criminal Street Gangs 2.2 References 2.2.1 "Memorandum of Understanding between the Department of Homeland Security, Immigration and Customs Enforcement and California Department of Justice, Cri minal Intelligence Bureau Regarding the Sharing of Information Relating to Criminal Street Gangs" (January 3,2006). 2.2.2 Department of Homeland Security Management Directive 11042. l, "Safeguarding Sensitive but Unclassified (For Official Use Only) Information," January 6, 2005. 3. SUPERSEDED/CANCELLED POLICY/SUMMARY OF CHANGES. None. 4. BACKGROUND. 4.1 In the first federal initiative of its kind, ICE Headquarters has deployed a comprehensive street gang-tracking software program through the existing ICE Law Enforcement Analysis Data System (NETLEADS) Intelligence Fusion Intranet Web site and OI Proprietary Intranet Web site. ICE GANGS DATABASE: DATA ENTRY AND USE Law Enforcement Sensitive 2017-ICLl-00003 100 4.2 The gang-tracking softwrue application is lmown as ICEGangs and is based on the commercially developed GangNet software utilized by numerous federal, state, and local police agencies across the United States and Canada. 4.3 ICE will tL<;e ICEGangs to provide connectivity to the California Department of Justice CalGang© network and other GangNet users. Connectivity with California alone will give ICE access to inf01mation on approximately 200,000 documented gang members. 4.4 The ICEGangs database will also enhance each Piincipal Field Office1's capability to identify and an-est gang members within their areas of responsibility (AORs) by using existing ICE communications and software tools. 4.5 JCEGangs wiJJ complement the Treasury Enforcement Communications System (TECSHI with the capability to incorporate biomettic identifiers associated with gangs, such as fingerprints, photographs, tattoos, and gang symbols, each with its own search capability. 5. 5.1 DEFINITIONS. The following definitions are provided for the purposes of this Directive. CalG:mg© is a browser-based investigative, analytical, and statistical software program based on the commercially available GangNet software developed for recording and tracking suspected gang members and their associates. It was 01iginally developed for the California Department of Justice and is known outside of California as GangNet. 5.2 Gang, as used in this Directive, is a fotmal or infotmal group, club, organization, or association of three or more persons that has as one of its purposes the commission of criminal activity either in the United States or outside the United States has committed two or more criminal acts on separate and distinct occasions, and the members of which may share a common identifying sign, symbol, or name. 5.3 GangNet is the name by which CalGang® is known out<;icle of California. 5.4 ICEGangs is a browser-based investigative, analytical, and statistical software program ba<;ed on the conunercially available GangNet softw<U-e developed for recording and tracking suspected gang members and their associates. The ICEGangs database \'.ill enable information-sharing between participating agencies. 5.5 ICE Principal Field Officers are OI Special Agents in Charge, DRO Field Office Directors, FPS Regional Di1-ectors, and INIEL Field Intelligence Unit Directors. 6. POLICY. 6.1 OI Special Agents, DRO Officers and IEAs, FPS Special Agents and Police Officers, and INTEL Special Agents and Analysts who encounter, obtain inf01mation about, or become aware of suspected gang members ancVor associates ai-e required to place infonnation about those individuals into ICEGangs within 72 hours. ICEGANGS DATABASE: DATA ENTRY AND USE Law Enforcement Sensitive 2017-ICLl-00003 101 6.2 Individuals convicted of violations associated with 18 U.S.C. § 521 or any other Federal or state law punishing or imposing civil consequences Tor gang-related activity or association or who, during any questioning by law enforcement officers, have admitted their gang membership qualify as suspected gang members for the purposes of entry into ICEGangs. 63 Individuals also qualify for entry into ICEGangs as suspected gang members if two or more of the crite1ia set forth in Sections 6.3. l - 6.3.10 apply, one of which having occurred within the previous 5 years. (Note: This information must be documented in the appropriate TECS-II, ENFORCE, or other reporting system record.) 6.3.1 Subject has tattoos identifying a specific gang. 6.3.2 6.3.3 Subject frequents an area notorious for gangs and/or associates with known gang members. Subject has been seen displaying gang signs/symbols. 6.3.4 Subject has been identified as a gang member through a reliable source. 6.3.S Subject has been identified as a gang member through an untested informant. 6.3.6 Subject has been rurested with other gang members on two or more occasions. 6.3.7 Subject has been identified as agang member by a jail or prison. 6.3.8 Subject has been identified as a gang member through seized or otherwise obtained written or electronic con-espondence. 6.3.9 Su~ject has been seen weruing distinctive gang style clothing or has been found in possession of other gang indicia. 6.3.10 Subject has been identified as a gang member through documented reasonable suspicion. 6.4 The entry of suspected gang members into ICEGangs does not eliminate the requirement to create an approp1iate lECS-II record. 6.5 All info1111ation accessed through ICEGangs (ICE or third agency) is to be treated as law enforcement intelligence and not to be disclosed or used as evidem;e in any criminal, civil, or adminislralive proceeding, nor is iL tu be usetl independently as probable cause to support arrests, semches, seizures, or other law enforcement actions. Only original source (TECS-II, ENFORCE, etc.) documentation may be used to support legal proceedings. 6.5.J The use and release of any non-ICE information contained in or accessed through ICEGangs must be approved by the source agency to suppo1t any law enforcement action. 6.6 Pursuant to 8 C.F.R § 208.6, asylum information is generally protected from disclosure to third pruties. As such, it should not be accessible by non-DHS law enforcement agencies accessing ICEGangs, unless it is provided on a ICEGANGSDATABASE:DATAENTRYANDUSE Law Enforcement Sensitive 2017-ICLl-00003 102 case-by-case basis to a federal law enforcement agency when it is necessary to disclose such information for investigative purposes pursuant to 8C.FJL§208.6(c)(l)(v). 6.7 ICEGangs data should be controlled, stored, handled, transmitted, distributed, and disposed of in accordance with DHS MD 11042.1. (See Section 2.3.) 7. RESPONSIBILITIBS. 7.1 The Assistant Secretm·y has overall responsibility for the ICEGangs database. 7.2 The Directors ofOl, DRO, FPS, and INTEL have the responsibility of implementing this Directive within their respective Program Offices. 7.3 The Director of 01 has management oversight of the ICEGangs database. 7.4 The Principal Field Officers of 01, DRO, FPS, and INTEL will ensure compliance with the provisions ofthis Directive within then* respective AORs. 8. PROCEDURES. Procedures for entering and accessing records in the ICEGangs database are included in the training provided to the users. 9. ATTACHMENTS.None. 10. NO PRIVATE RIGHT STATEMENT. This Directive is an internal policy statement of ICE. It is not intended to, and does not create any rights, privileges, or benefits, substantive or procedural, enforceable by any party against the United States; its departments, agencies, or other entities; its officers or employees; or any other person. Approved /s/ Julie L. Myers Assistant Secretary U.S. Immigration and Customs Enforcement ICEGANGS DATABASE: DATA ENTRY AND USB Law Enforcement Sensitive 2017-ICLl-00003 103