ICE Gang Classification Policy

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT ICE Policy System OFFICE OF PRIMARY INTEREST: OFFICE OF INVESTIGATIONS DISTRIBUTION: OI, DRO, FPS, INTELLIGENCE DIRECTIVE 7-2.0 ISSUE DATE: August 4, 2006 EFFECTIVE DATE: August 4, 2006 REVIEW DATE: August 4, 2009 SUPERSEDES: None DIRECTIVE TITLE: ICEGANGS DATABASE: DATA ENTRY AND USE 1. PURPOSE and SCOPE. This Directive establishes policy for the entry of suspected gang members andlor their associates into the ICE Gangs database by US. Immigration and Customs Enforcement (ICE) Office of Investigations (01) Special Agents, Office of Detention and Removal Operations (DRO) Officers and Immigration Enforcement Agents (IEAs), Office of Intelligence (INTEL) Special Agents and and Federal Protective Service (FPS) Special Agents and Police Officers. The lCEGangs database will enable information sharing between participating federal, state, and local police agencies. 2. AUTHORITIESIREFERENCES. 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, Criminal Intelligence Bureau Regarding the Sharing of Information Relating to Criminal Street Gangs" (January 3,2006). 2.2.2 Department of Homeland Security Management Directive 11042.1, "Safeguarding Sensitive but Unclassified (For Of?cial Use Only) Information," January 6, 2005. 3. SUPERSEDEDICANCELLED POLICYISUMMARY OF CHANGES. None. 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 Intelligence Fusion Intranet Web site and 01 Proprietary Intranet Web site. ICE GANGS DATABASE: DATA ENTRY AND USE Law Enforcement Sensitive 2017-ICLI-00003 100

4.2 4.3 4.4 4.5 5.2 5.5 The gang-tracking software application is known as lCEGangs and is based on the conunercially developed GangNet software utilized by numerous federal, state. and local police agencies across the United States and Canada. ICE will use ICEGangs to pmvide connectivity to the California Department of Justice CalGang? network and other GangNet users. Connectivity with Califomia alone will give ICE access to information on approximately 200.000 documented gang members. The lCEGangs database will also enhance each Principal Field Of?cer?s capability to identify and arrest gang members within their areas of responsibility (AORs) by using existing ICE communications and sotiware tools. ICEGangs will complement the Treasury Enforcement Conununications System (TECSHI with the capability to incorporate biometric identi?ers associated with gangs, such as ?ngerprints, photographs, tattoos, and gang symbols. each with its own sezuch capability. DEFINITIONS. The following de?nitions are provided for the purposes of this Directive. CalGang? is a bmwser?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 originally developed for the California Department of Justice and is known outside of California as GangNet. Gang, as used in this Directive. is a formal or informal 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 two or more criminal acts on separate and distinct occasions. and the members of which may share a common identifying sign. symbol, or name. GangNet is the name by which CalGang? is known outside ot'Calitornia. lCEGangs is a browser?based investigative, analytical, and statistical software program based on the commercially available GangNet software develomd for recording and tracking suspected gang members and their associates. The lCEGangs database will enable information?sharing between participating agencies. ICE Principal Field Of?cers are 01 Special Agents in Charge, DRO Field Of?ce Directors, FPS Regional Directors. and INTEL Field Intelligence Unit Directors. POLICY. 01 Special Agents. DRO Officers and IEAs, FPS Special Agents and Police Of?cers, and INTEL Special Agents and who encounter, obtain infonnaticn about, or become aware of suspected gang members andfor associates are required to place information about those individuals into within 72 hours. ICEGANGS DATABASE: DATA ENTRY AND USE Law Enforcement Sensitive 2017-ICLI-00003 101

6.2 6.3 6.3.1 6.3.2 6.3.3 6.3.4 6.3.5 6.3.6 6.3.7 6.3.8 6.3.9 6.3.10 6.4 6.5 6.6 Individuals convicted of violations associated with 8 U.S.C. 52] 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. Individuals also qualify for entry into lCEGangs as suspected gang members if or more of the criteria set forth in Sections 6.3.10 apply, one of which having occuned within the previous 5 years. M: This information must be documented in the ENFORCE, or other reporting system record.) Subject has tattoos identifying a speci?c gang. Subject ?equents an area notorious for gangs and/or associates with known gang members. Subject has been seen displaying gang Subject has been identi?ed as a gang member through a reliable source. Subject has been identi?ed as a gang member through an untested informant. Subject has been arrested with other gang members on two or more masions. Subject has been identi?ed as a gang member by ajail or prison. Subject has been identi?ed as a gang member through seized or otherwise obtained written or electronic correspondence. Subject has been seen wearing distinctive gang style clothing or has been found in possession of other gang indicia. Subject has been identi?ed as a gang member through documented reasonable suspicion. The entry of suspected gang members into ICEGangs does not eliminate the requirement to create an record. All information accessed through [CEJGangs (ICE or third agency) is to be treated as law enforcement intelligence and not to be disclosed or used as evidence in any criminal, civil. or administrative proceeding, nor is it to be used independently as probable cause to support anmts, searches, seizures, or other law enforcement actions. Only original source ENFORCE, etc.) documentation may be used to support legal proceedings. The use and release of any non?[CE information contained in or accessed through lCEGangs must be apploved by the source agency to support any law enforcement action. Forward to 8 CER. 208.6, aSylum information is generally protected from disclosure to third parties. As such, it should not be accessible by non-DHS law enforcement agencies accessing ICEGangs, unless it is provided on a ICEGANGS DATABASE: DATA ENTRY AND USE Law Enforcement Sensitive 2017-ICLI-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 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. RESPONSIBILITIES. 7.1 The Assistant Secretary has overall responsibility for the ICEGangs database. 7.2 The Directors of DRO, FPS, and INTEL have the responsibility of implementing this Directive within their respective Program Of?ces. 7.3 The Director of 0.1 has management oversight of the ICEGangs database. 7.4 The Principal Field Of?cers of DRO, FPS, and INTEL will ensure compliance with the provisions of this Directive within then"c 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. N0 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 bene?ts, substantive or procedural, enforceable by any party against the United States; its departments, agencies, or other entities; its of?cers or employees; or any other person. Approved ls} Julie L. Myers Assistant Secretary US. Immigration and Customs Enforcement ICEGANGS DATABASE: DATA ENTRY AND USE Law Enforcement Sensitive 2017-ICLI-00003 103