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.

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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. Michael J. Garcia

Director Assistant Secretary
U.S. Citizenship and U.S. Immigration and Customs
Immigration Services Enforcement

Date Date