Inspector's Field Manual - Gani

Inspector's Field Manual
a synopsis of the lookout. The liaison officer will consult available sources and provide information to the port
normally within a few hours. Delay action pending receipt of the response.
After five days, or upon receipt of the alien's written statement, prepare a detailed report for submission to the
regional director. In addition to the information from the summary report, include other personal data such as
marital status; the destination, duration, and purpose of the proposed visit; basis for temporary inadmissibility,
including sources, reliability of informants, and identify what, if any, information is classified and an
assessment of whether disclosure of the information would be prejudicial to the public interest, safety, or
security of the United States. Attach a copy of any sworn statement taken, or explain why there was none.
Attach the results of checks with other agencies. Make a recommendation as to whether or not the alien should be
accorded a hearing by an immigration judge.
(c) Closing actions after the regional director's determination. If the regional director determines that the
temporary inadmissibility order is to be made permanent, the alien is to be notified immediately in person or by
registered mail following the procedures described in 8 CFR 235.8(b)(3). The regional director will use Form
I-148, Notice of Permanent inadmissibility, to effect this notification. Prepare Form G-166, Report of
Investigation. Under the "Synopsis" section, note the following information, if available: alien's occupation,
height, weight, sex, color of hair and eyes, and data concerning the travel document and visa. Prepare and
distribute Form I-275 as described in Chapter 17.2. If the alien is to be accorded a removal hearing, follow the
procedures outlined in Chapter 17.6.
In the case of a Canadian resident, when a decision is made to deny admission temporarily or permanently,
advise the liaison officer in Ottawa of all pertinent details and provide a copy of the final report.
17.8 Detention of Aliens.
(a) General. Follow local guidelines and procedures for authorization to detain an alien for removal. General
Service detention policy is outlined in AM 20.013. Procedures for handling of funds and other personal property
are set out in AM 20.016 and 20.027.
(b) Special notification requirements. Notify the regional director with the details relating to the detention of
any C, G, or I nonimmigrant destined to the United Nations or any politically prominent alien, regardless of the
nonimmigrant category.
(c) Protective Custody. The INS may provide protective custody to a consenting applicant for admission who is
or may be subject to involuntary repatriation or any form of coercion which could inhibit the free exercise of will
in deciding whether to depart from the United States. This authority is exercised incident to section 235(b) to
detain inadmissible aliens if failure to detain would result in harm to the national interest. Protective custody,
as described here, shall be provided to consenting aliens only upon authorization of the regional director, or
upon advance arrangements made through the Department of State.
(d) Juvenile Detention. Special care must be exercised when considering detention of persons under the age of
18. Service policy is outlined in AM 20.001 and must be strictly followed.
(e) Asylum-Seeking TWOV Passengers. In view of adverse decisions in three separate circuit courts, the Service
will no longer adhere to the prior policy of holding carriers responsible for the detention and detention-related
expenses of asylum-seeking TWOV passengers [General Counsel opinion of August 10, 1992 is superseded.]. The
Service shall take and maintain custody of such asylum-seekers, pending a decision on the asylum claim. If the
asylum claim, including any appeal, is denied, the TWOV passenger shall be delivered to the responsible carrier
for removal from the United States. Any costs incurred from that point associated with detention or removal of
the alien TWOV shall be borne by the carrier.
17.9 Medical Referrals.
(a) General. The U.S. Public Health Service (PHS) has statutory and regulatory responsibility to prevent the
introduction, transmission, and spread of communicable disease from foreign countries into the United States.
Applicable regulations are found in 42 CFR Parts 34 and 71. These responsibilities are delegated to the Centers