U.S.

Department of Homeland Security

U.S. Citizenship and Immigration Services

HQFDNS 50/18.5

425 I Street, NW
Washington, DC 20536

MEMORANDUM FOR REGIONAL DIRECTORS

DISTRICT DIRECTORS
SERVICE CENTER DIRECTORS

FROM: William R. Yates

Associate Director
Operations
U.S. Citizenship and Immigration Services

SUBJECT: Referral of National Security and Public Safety Cases to ICE

This memorandum serves to advise both Service Center and District Office personnel on
the policy and procedures for forwarding administratively closed, withdrawn, or denied cases,
which are of national security and/or public safety interest, to the appropriate Immigration and
Customs Enforcement (ICE) Benefit Fraud Unit (BFU)1 with jurisdiction for further action. This
memorandum also encompasses cases which have already been approved that raise similar
national security and/or public safety concerns.

The overarching mission of the United States Citizenship and Immigration Service (CIS)
is to ensure the delivery of the right benefits, to the right person, at the right time, and no benefit
to the wrong person. While this requires each and every officer of CIS to provide accurate,
courteous, and responsive service, it also requires the utmost attention to detail as it relates to
detecting individuals who could possibly pose a threat to national security and/or public safety.

Recent events have highlighted the need to advise all personnel involved in the
adjudication process to be aware that the approval, administrative closure, withdrawal, or denial
of an application or petition does not, in and of itself, absolve the officer of the responsibility to
refer these types of cases to ICE as opposed to, for example, the file room or the National'
Records Center.

1 BFUs were recently created by ICE to oversee and direct the ICE anti-fraud initiative. BFUs consist of Legacy INS
Regional Offices of Investigation, and are located in Burlington, VT, Dallas, TX, and Laguna Niguel, CA.
Additional information and guidelines about this initiative are forthcoming.
Memorandum for Regional Directors, District Directors, Service Center Directors Page 2
Subject: Referral of National Security and Public Safety Cases to ICE

National security and public safety-related cases

All national security-related cases that are identified during normal IBIS queries are to be
handled in accordance with the IBIS SOP or within the July 2, 2002 Johnny N. Williams policy
memorandum entitled, Interagency Border Inspections System Records Check. Cases that are
identified through other means are to be handled in accordance with this memorandum.
Examples of such cases include, but are not limited to, those involving persons suspected of
being associated with terrorist organizations and/or activities.

Public safety-related cases include, but are not limited to, those involving egregious
criminal violations (e.g. murder, rape, sexual abuse of a minor, illicit trafficking in firearms or
destructive devices, crime of violence for which the term of imprisonment is at least one year) or
others types of cases posing a threat to society.

Referral Procedures

Field Offices, the National Benefit Center, and Service Centers are to refer cases to ICE
via their servicing CIS Fraud Detection Unit (FDU). While not all cases are likely to result in an
enforcement action, ICE is the appropriate authority to make such determination. Referrals to
ICE are to be made via a memorandum outlining the facts of the case. This includes, but is not
limited to, reflecting the type of system checks that have been performed, and the results, as well
as a summary of the adjudication, and an explanation of the national security and/or public safety
issues/concerns. FDUs are to collect this information and immediately forward the case to the
appropriate ICE BFU office, via the newly developed Action Lead Referral (ALR) form.

If you have any questions regarding this memorandum, feel free to e-mail Al Herrera of
the CIS Office of Fraud Detection and National Security.

cc: Acting Chief, FDUs

Group Supervisor, BFUs