ICE deck 7 Dentention Standards and Criminal Statutes

What is the PBNDS?

The Performance-Based National Detention Standards; the comprehensive ICE manual governing the safe, secure, and humane treatment of detainees in custody.

Under PBNDS, when can "4-Point Restraints" be used on a detainee?

Only as a last resort under direct medical supervision to prevent imminent self-harm or extreme violence. Never as punishment.

What is the "Keep Separate" protocol in ICE detention?

An operational mandate to physically segregate co-defendants, rival gang members, or victims from perpetrators within a facility for safety.

What federal crime is governed by 8 U.S.C. § 1324?

Bringing in, harboring, transporting, or smuggling undocumented aliens within the United States (Felony).

What constitutes "Harboring" under 8 U.S.C. § 1324?

Any intentional act that substantially facilitates an alien remaining in the U.S. illegally, such as hiding them from authorities.

What federal crime is governed by 18 U.S.C. § 111?

Assaulting, resisting, or impeding certain federal officers or employees while engaged in the performance of official duties.

What is the "Civil Asset Forfeiture" threshold for ICE?

The legal seizure and permanent forfeiture of property (vehicles, aircraft, currency) used to facilitate or purchased with proceeds from human smuggling operations.

What is a material witness warrant?

A judicial warrant used to detain an individual whose testimony is deemed absolutely critical to a criminal proceeding (e.g., a smuggled alien testifying against a cartel smuggler).

Define "Constructive Custody" within ERO operations.

When an individual is not physically locked in an ICE cell but is legally restricted via electronic monitoring (ankle monitors/smartphones) under an Alternatives to Detention (ATD) program.

What is the 287(g) program?

A section of the INA that permits the Secretary of Homeland Security to enter into agreements with state and local law enforcement to perform specific immigration officer functions.

What is a "Detention File" (or D-File)?

The operational and medical file maintained physically at a detention facility that tracks a detainee's daily behavior, meals, medical visits, and housing logs.

What constitutes an "Escaped Detainee" emergency?

The unauthorized departure of a person from an active ICE secure processing facility or an ERO transit transport vehicle.

What is the "Significant Military Equipment" restriction for ERO officers?

A policy restriction preventing ERO units from carrying or using tactical equipment not expressly authorized under standard issue ICE firearm and defensive gear policies.