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Immigration and Customs Enforcement - Gang Classification Policy, 2017

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U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
ICE Policy System

OFFICE OF PRIMARY I NTER EST: OFFICE OF INVESTIGATIONS
DISTRIBUTION:
DIRECTIVE NO.:
ISSUE DATE:
EFFECTIVE DATE:
REVIEW DATE:
SUPERSEDES:

OI, DRO, FPS, INTELLIGENCE
7-2.0

August 4, 2006
August 4, 2006
August 4, 2009
None

DIRECTIVE TITLE: ICEGANGS DATABASE: DATA ENTRY AND USE
1.

PURPOSE and SCOPE. This Directive establishes policy for the entry of
suspected gang members and/or their associates into the ICE Gangs database by
U.S. Immigration and Customs Enforcement (ICE) Office of Investigations (OI)
Special Agents, Office of Detention and Removal Operations (DRO) Officers and
Immigration Enforcement Agents (IEAs), Office of Intelligence (INTEL) Special
Agents and Analysts, and Federal Protective Service (FPS) Special Agents and
Police Officers. The ICEGangs database will enable information sharing between
participating federal, state, and local police agencies.

2.

AUTHORITIES/REFERENCES.

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, Cri minal 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. l,
"Safeguarding Sensitive but Unclassified (For Official Use Only) Information,"
January 6, 2005.

3.

SUPERSEDED/CANCELLED POLICY/SUMMARY OF CHANGES.
None.

4.

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 (NETLEADS) Intelligence Fusion
Intranet Web site and OI Proprietary Intranet Web site.

ICE GANGS DATABASE: DATA ENTRY AND USE
Law Enforcement Sensitive
2017-ICLl-00003 100

4.2

The gang-tracking softwrue application is lmown as ICEGangs and is based on
the commercially developed GangNet software utilized by numerous federal,
state, and local police agencies across the United States and Canada.

4.3

ICE will tL<;e ICEGangs to provide connectivity to the California Department of
Justice CalGang© network and other GangNet users. Connectivity with
California alone will give ICE access to inf01mation on approximately
200,000 documented gang members.

4.4

The ICEGangs database will also enhance each Piincipal Field Office1's
capability to identify and an-est gang members within their areas of
responsibility (AORs) by using existing ICE communications and software
tools.

4.5

JCEGangs wiJJ complement the Treasury Enforcement Communications System (TECSHI with
the capability to incorporate biomettic identifiers associated with gangs, such as fingerprints,
photographs, tattoos, and gang symbols, each with its own search capability.

5.
5.1

DEFINITIONS. The following definitions are provided for the purposes of this Directive.
CalG:mg© is a browser-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

01iginally developed for the California Department of Justice and is known
outside of California as GangNet.
5.2

Gang, as used in this Directive, is a fotmal or infotmal 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 committed two or more criminal acts on separate
and distinct occasions, and the members of which may share a common
identifying sign, symbol, or name.

5.3

GangNet is the name by which CalGang® is known out<;icle of California.

5.4

ICEGangs is a browser-based investigative, analytical, and statistical software
program ba<;ed on the conunercially available GangNet softw<U-e developed for
recording and tracking suspected gang members and their associates. The
ICEGangs database \'.ill enable information-sharing between participating
agencies.

5.5

ICE Principal Field Officers are OI Special Agents in Charge, DRO Field
Office Directors, FPS Regional Di1-ectors, and INIEL Field Intelligence Unit
Directors.

6.

POLICY.

6.1

OI Special Agents, DRO Officers and IEAs, FPS Special Agents and
Police Officers, and INTEL Special Agents and Analysts who encounter, obtain inf01mation
about, or become aware of suspected gang members ancVor associates ai-e required to place
infonnation about those individuals into ICEGangs within 72 hours.

ICEGANGS DATABASE: DATA ENTRY AND USE
Law Enforcement Sensitive
2017-ICLl-00003 101

6.2

Individuals convicted of violations associated with 18 U.S.C. § 521 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.
63

Individuals also qualify for entry into ICEGangs as suspected gang members if
two or more of the crite1ia set forth in Sections 6.3. l - 6.3.10 apply, one of
which having occurred within the previous 5 years. (Note: This information
must be documented in the appropriate TECS-II, ENFORCE, or other reporting
system record.)

6.3.1

Subject has tattoos identifying a specific gang.

6.3.2
6.3.3

Subject frequents an area notorious for gangs and/or associates with known
gang members.
Subject has been seen displaying gang signs/symbols.

6.3.4

Subject has been identified as a gang member through a reliable source.

6.3.S

Subject has been identified as a gang member through an untested informant.

6.3.6

Subject has been rurested with other gang members on two or more occasions.

6.3.7

Subject has been identified as agang member by a jail or prison.

6.3.8

Subject has been identified as a gang member through seized or otherwise
obtained written or electronic con-espondence.

6.3.9

Su~ject has been seen weruing distinctive gang style clothing or has been found
in possession of other gang indicia.

6.3.10

Subject has been identified as a gang member through documented reasonable
suspicion.

6.4

The entry of suspected gang members into ICEGangs does not eliminate the
requirement to create an approp1iate lECS-II record.

6.5

All info1111ation accessed through ICEGangs (ICE or third agency) is to be
treated as law enforcement intelligence and not to be disclosed or used as
evidem;e in any criminal, civil, or adminislralive proceeding, nor is iL tu be usetl
independently as probable cause to support arrests, semches, seizures, or other
law enforcement actions. Only original source (TECS-II, ENFORCE, etc.)
documentation may be used to support legal proceedings.

6.5.J

The use and release of any non-ICE information contained in or accessed through
ICEGangs must be approved by the source agency to suppo1t any law enforcement
action.

6.6

Pursuant to 8 C.F.R § 208.6, asylum information is generally protected from
disclosure to third pruties. As such, it should not be accessible by non-DHS
law enforcement agencies accessing ICEGangs, unless it is provided on a

ICEGANGSDATABASE:DATAENTRYANDUSE
Law Enforcement Sensitive
2017-ICLl-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 8C.FJL§208.6(c)(l)(v).

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.

RESPONSIBILITIBS.

7.1

The Assistant Secretm·y has overall responsibility for the ICEGangs database.

7.2

The Directors ofOl, DRO, FPS, and INTEL have the responsibility of
implementing this Directive within their respective Program Offices.

7.3

The Director of 01 has management oversight of the ICEGangs database.

7.4

The Principal Field Officers of 01, DRO, FPS, and INTEL will ensure
compliance with the provisions ofthis Directive within then* 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.

10.

NO 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 benefits, substantive or procedural, enforceable by any party
against the United States; its departments, agencies, or other entities; its officers
or employees; or any other person.

Approved

/s/

Julie L. Myers
Assistant Secretary
U.S. Immigration and Customs Enforcement

ICEGANGS DATABASE: DATA ENTRY AND USB
Law Enforcement Sensitive

2017-ICLl-00003 103

 

 

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