BACKGROUND.
ICE is responsible for ensuring compliance with customs,
immigration, and other Federal laws at the border. To that end, Special Agents may
review and analyze computers, disks, hard drives, and other electronic or digital storage
devices. These searches are part of
ICE'S long-standing practice and are essential to
enforcing the law at the United States border. Searches of electronic devices are a crucial
tool for detecting information concerning terrorism, narcotics smuggling, and other
national security matters; alien admissibility; contraband including child pornography;
laundering monetary instruments; violations of copyright or trademark laws; and
evidence of embargo violations or other import or export control laws.
DEFINITIONS.
The following definitions are provided for the purposes of this
Directive:
Assistance.
The use of third party analytic resources such as language processing,
decryption, and subject matter expertise, to assist ICE in viewing the information
contained in electronic devices or in determining the meaning, context, or value of
information contained therein.
Electronic Devices.
Any item that may contain information, such as computers, disks,
drives, tapes, mobile phones and other communication devices, cameras, music players,
and any other electronic or digital devices.
POLICY.
ICE Special Agents acting under border search authority may search, detain, seize, retain,
and share electronic devices, or information contained therein, with or without
individualized suspicion, consistent with the guidelines and applicable laws set forth
herein. Assistance to complete a border search may be sought
from other Federal
agencies and non-Federal entities, on a case by case basis,
as
appropriate.
When U.S. Customs and Border Protection (CBP) detains, seizes, or retains electronic
devices, or copies of information therefrom, and turns such over to ICE for analysis and
investigation (with appropriate documentation), ICE policy will apply once it is received
by ICE.
Nothing in this policy limits the authority of Special Agents to make written notes or
reports or to document impressions relating to a border encounter in
ICE'S paper or
electronic recordkeeping systems.
RESPONSIBILITIES.
The Directors of 01, the Office of Professional Responsibility (OPR), and the Office of
International Affairs (OIA) have oversight over the implementation of the provisions of
this Directive.
Special Agents in Charge
(SACS) and Attaches are responsible for:
Border Searches of Electronic Devices