PART 287—FIELD OFFICERS; POWERS AND DUTIES Authority: 8 U.S.C. 1103, 1182, 1225, 1226, 1251, 1252, 1357; Homeland Security Act of 2002, Pub. L. 107-296 (6 U.S.C. 1, et seq. § 287.1 Definitions. (a)(1) External boundary. external boundary, (2) Reasonable distance. reasonable distance, (b) Reasonable distance; fixing by chief patrol agents and special agents in charge. Provided, (c) Patrolling the border. patrolling the border to prevent the illegal entry of aliens into the United States (d) Arrested by federal, state, or local law enforcement official. arrested, (1) Physically taken into custody for a criminal violation of the controlled substance laws; and (2) Subsequently booked, charged or otherwise officially processed; or (3) Provided an initial appearance before a judicial officer where the alien has been informed of the charges and the right to counsel. (e) Law enforcement or other official. law enforcement official (or other official), (1) Courts; (2) A government agency or component which performs the administration of criminal justice as defined in 28 CFR part 20 including performance of any of the following activities: detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. (f) Controlled substance. controlled substance, et seq., et seq. controlled substance (g) Basic immigration law enforcement training. (h) References to specific titles of officers mean all individuals holding such positions and any individual acting in such position. (i) Nothing in this part limits the authority of any DHS officers to act pursuant to any authorities that they may otherwise possess. [22 FR 9808, Dec. 6, 1957, as amended at 29 FR 13244, Sept. 24, 1964; 53 FR 9283, Mar. 22, 1988; 57 FR 47258, Oct. 15, 1992; 59 FR 42415, Aug. 17, 1994; 68 FR 35276, June 13, 2003; 90 FR 42803, Sept. 5, 2025] § 287.2 Disposition of criminal cases. Whenever a special agent in charge, port director, chief patrol agent, or supervisory law enforcement official designated by the Director of USCIS has reason to believe that there has been a violation punishable under any criminal provision of the immigration and nationality laws administered or enforced by the Department, he or she shall immediately initiate an investigation to determine all the pertinent facts and circumstances and shall take such further action as he or she deems necessary. In no case shall this investigation prejudice the right of an arrested person to be taken without unnecessary delay before a United States magistrate judge, a United States district judge, or, if necessary, a judicial officer empowered in accordance with 18 U.S.C. 3041 to commit persons charged with offenses against the laws of the United States. [90 FR 42803, Sept. 5, 2025] § 287.3 Disposition of cases of aliens arrested without warrant. (a) Examination. (b) Determination of proceedings. (c) Notifications and information. (d) Custody procedures. [62 FR 10390, Mar. 6, 1997, as amended at 66 FR 48335, Sept. 20, 2001; 68 FR 35276, June 13, 2003] § 287.4 Subpoena. (a) Who may issue Criminal or civil investigations. (2) Proceedings other than naturalization proceedings Prior to commencement of proceedings. (ii) Subsequent to commencement of any immigration court proceeding. (b) Form of subpoena. (1) Criminal or civil investigations. (2) Proceedings other than naturalization proceedings. (c) Service. (d) Invoking aid of court. [50 FR 30134, July 24, 1985; 50 FR 47205, Nov. 15, 1985, as amended at 60 FR 56937, Nov. 13, 1995; 62 FR 10390, Mar. 6, 1997; 67 FR 39260, June 7, 2002; 68 FR 35276, June 13, 2003] § 287.5 Exercise of power by immigration officers. (a) Power and authority to interrogate and administer oaths. (1) Section 287(a)(1) of the Act to interrogate, without warrant, any alien or person believed to be an alien concerning his or her right to be, or to remain, in the United States, and (2) Section 287(b) of the Act to administer oaths and to take and consider evidence concerning the privilege of any person to enter, reenter, pass through, or reside in the United States; or concerning any matter which is material or relevant to the enforcement of the Act and the administration of the immigration and naturalization functions of the Department. (b) Power and authority to patrol the border. (1) Border patrol agents; (2) Air and marine agents; (3) Special agents; (4) CBP officers; (5) Supervisory and managerial personnel who are responsible for supervising the activities of those officers listed in this paragraph; and (6) Immigration officers who need the authority to patrol the border under section 287(a)(3) of the Act in order to effectively accomplish their individual missions and who are designated, individually or as a class, by the Commissioner of CBP, or the Assistant Secretary/Director of ICE. (c) Power and authority to arrest. (i) Border patrol agents; (ii) Air and marine agents; (iii) Special agents; (iv) Deportation officers; (v) CBP officers; (vi) Immigration enforcement agents; (vii) Supervisory and managerial personnel who are responsible for supervising the activities of those officers listed in this paragraph; and (viii) Immigration officers who need the authority to arrest aliens under section 287(a)(2) of the Act in order to effectively accomplish their individual missions and who are designated, individually or as a class, by the Commissioner of CBP, the Assistant Secretary/Director of ICE, or the Director of the USCIS. (2) Arrests of persons under section 287(a)(4) of the Act for felonies regulating the admission or removal of aliens. The following immigration officers who have successfully completed basic immigration law enforcement training are hereby authorized and designated to exercise the arrest power conferred by section 287(a)(4) of the Act and in accordance with 8 CFR 287.8(c): (i) Border patrol agents; (ii) Air and marine agents; (iii) Special agents; (iv) Deportation officers; (v) CBP officers; (vi) Immigration enforcement agents; (vii) Supervisory and managerial personnel who are responsible for supervising the activities of those officers listed in this paragraph; and (viii) Immigration officers who need the authority to arrest persons under section 287(a)(4) of the Act in order to effectively accomplish their individual missions and who are designated, individually or as a class, by the Commissioner of CBP, the Assistant Secretary/Director of ICE, or the Director of the USCIS. (3) Arrests of persons under section 287(a)(5)(A) of the Act for any offense against the United States. The following immigration officers who have successfully completed basic immigration law enforcement training are hereby authorized and designated to exercise the arrest power conferred by section 287(a)(5)(A) of the Act and in accordance with 8 CFR 287.8(c): (i) Border patrol agents; (ii) Air and marine agents; (iii) Special agents; (iv) Deportation officers; (v) CBP officers; (vi) Supervisory and managerial personnel who are responsible for supervising the activities of those officers listed in this paragraph; and (vii) Immigration officers who need the authority to arrest persons under section 287(a)(5)(A) of the Act in order to effectively accomplish their individual missions and who are designated, individually or as a class, by the Commissioner of CBP, the Assistant Secretary/Director of ICE, or the Director of USCIS. (4) Arrests of persons under section 287(a)(5)(B) of the Act for any felony. (i) Section 287(a)(5)(B) of the Act authorizes designated immigration officers, as listed in paragraph (c)(4)(iii) of this section, to arrest persons, without warrant, for any felony cognizable under the laws of the United States if: (A) The immigration officer has reasonable grounds to believe that the person to be arrested has committed or is committing such a felony; (B) The immigration officer is performing duties relating to the enforcement of the immigration laws at the time of the arrest; (C) There is a likelihood of the person escaping before a warrant can be obtained for his or her arrest; and (D) The immigration officer has been certified as successfully completing a training program that covers such arrests and the standards with respect to the immigration enforcement activities of the Department as defined in 8 CFR 287.8. (ii) The following immigration officers who have successfully completed basic immigration law enforcement training are hereby authorized and designated to exercise the arrest power conferred by section 287(a)(5)(B) of the Act and in accordance with 8 CFR 287.8(c): (A) Border patrol agents; (B) Air and marine agents; (C) Special agents; (D) Deportation officers; (E) CBP officers; (F) Supervisory and managerial personnel who are responsible for supervising the activities of those officers listed in this paragraph; and (G) Immigration officers who need the authority to arrest persons under section 287(a)(5)(B) of the Act in order to effectively accomplish their individual missions and who are designated, individually or as a class, by the Commissioner of CBP, the Assistant Secretary/Director of ICE, or the Director of USCIS. (iii) Notwithstanding the authorization and designation set forth in paragraph (c)(4)(ii) of this section, no immigration officer is authorized to make an arrest for any felony under the authority of section 287(a)(5)(B) of the Act until such time as he or she has been certified as successfully completing a training course encompassing such arrests and the standards for enforcement activities are defined in § 287.8. Such certification will be valid for the duration of the immigration officer's continuous employment, unless it is suspended or revoked by the Commissioner of CBP, the Assistant Secretary/Director of ICE, or the Director of USCIS, or their respective designees, for just cause. (5) Arrests of persons under section 274(a) of the Act who bring in, transport, or harbor certain aliens, or induce them to enter. (i) Section 274(a) of the Act authorizes designated immigration officers, as listed in paragraph (c)(5)(ii) of this section, to arrest persons who bring in, transport, or harbor aliens, or induce them to enter the United States in violation of law. When making an arrest, the designated immigration officer shall adhere to the provisions of the enforcement standard governing the conduct of arrests in 8 CFR 287.8(c). (ii) The following immigration officers who have successfully completed basic immigration law enforcement training are authorized and designated to exercise the arrest power conferred by section 274(a) of the Act: (A) Border patrol agents; (B) Air and marine agents; (C) Special agents; (D) Deportation officers; (E) CBP officers; (F) Supervisory and managerial personnel who are responsible for supervising the activities of those officers listed in this paragraph; and (G) Immigration officers who need the authority to arrest persons under section 274(a) of the Act in order to effectively accomplish their individual missions and who are designated, individually or as a class, by the Commissioner of CBP, the Assistant Secretary/Director of ICE, or the Director of USCIS. (6) Custody and transportation of previously arrested persons. In addition to the authority to arrest pursuant to a warrant of arrest in paragraph (e)(3)(iv) of this section, detention enforcement officers and immigration enforcement agents who have successfully completed basic immigration law enforcement training are hereby authorized and designated to take and maintain custody of and transport any person who has been arrested by an immigration officer pursuant to paragraphs (c)(1) through (c)(5) of this section. (d) Power and authority to conduct searches. (1) Border patrol agents; (2) Air and marine agents; (3) Special agents; (4) Deportation officers; (5) CBP officers; (6) Immigration enforcement agents; (7) Supervisory and managerial personnel who are responsible for supervising the activities of those officers listed in this paragraph; and (8) Immigration officers who need the authority to conduct searches under section 287(c) of the Act in order to effectively accomplish their individual missions and who are designated, individually or as a class, by the Commissioner of CBP, the Assistant Secretary/Director of ICE, or the Director of USCIS. (e) Power and authority to execute warrants Search warrants. (i) Border patrol agents; (ii) Air and marine agents; (iii) CBP officers; (iv) Special agents; (v) Deportation officers; (vi) Immigration enforcement agents; (vii) Supervisory and managerial personnel who are responsible for supervising the activities of those officers listed in this paragraph; and (viii) Immigration officers who need the authority to execute search warrants under section 287(a) of the Act in order to effectively accomplish their individual missions and who are designated, individually or as a class, by the Commissioner of CBP, the Assistant Secretary/Director of ICE, or the Director of USCIS. (2) Issuance of arrest warrants for immigration violations. (i) District directors (except foreign); (ii) Deputy district directors (except foreign); (iii) Assistant district directors for investigations; (iv) Deputy assistant district directors for investigations; (v) Assistant district directors for deportation; (vi) Deputy assistant district directors for deportation; (vii) Assistant district directors for examinations; (viii) Deputy assistant district directors for examinations; (ix) Officers in charge (except foreign); (x) Assistant officers in charge (except foreign); (xi) Chief patrol agents; (xii) Deputy chief patrol agents; (xiii) Division chiefs; (xiv) Assistant chief patrol agents; (xv) Patrol agents in charge; (xvi) Deputy patrol agents in charge; (xvii) Border Patrol watch commanders; (xviii) Special operations supervisors; (xix) Supervisory border patrol agents; (xx) Directors of air operations; (xxi) Directors of marine operations; (xxii) Supervisory air and marine interdiction agents; (xxiii) Executive Associate Director of Homeland Security Investigations; (xxiv) Institutional Hearing Program directors; (xxv) Director, Field Operations; (xxvi) Assistant Director, Field Operations; (xxvii) Port directors; (xxviii) Assistant port directors; (xxix) Field operations watch commanders; (xxx) Field operations chiefs; (xxxi) Supervisory deportation officers; (xxxii) Supervisory detention and deportation officers; (xxxiii) Group Supervisors; (xxxiv) Director, Office of Detention and Removal Operations; (xxxv) Special Agents in Charge; (xxxvi) Deputy Special Agents in Charge; (xxxvii) Associate Special Agents in Charge; (xxxviii) Assistant Special Agents in Charge; (xxxix) Field Office Directors; (xl) Deputy Field Office Directors; (xli) District Field Officers; (xlii) Supervisory immigration services officers; (xliii) Supervisory immigration officers; (xliv) Supervisory asylum officers; (xlv) Supervisory special agents; (xlvi) Director of investigations; (xlvii) Directors or officers in charge of detention facilities; (xlviii) Directors of field operations; (xlix) Deputy or assistant directors of field operations; (l) Unit Chief, Law Enforcement Support Center; (li) Section Chief, Law Enforcement Support Center; (lii) Immigration Enforcement Agents; or (liii) Other duly authorized officers or employees of the Department of Homeland Security or the United States who are delegated the authority as provided in 8 CFR 2.1 to issue warrants of arrest, and who have successfully completed any required immigration law enforcement training. (3) Service of warrant of arrests for immigration violations. (i) Border patrol agents; (ii) Air and marine agents; (iii) Special agents; (iv) Deportation officers; (v) Detention enforcement officers or immigration enforcement agents (warrants of arrest for administrative immigration violations only); (vi) CBP officers; (vii) Supervisory and managerial personnel who are responsible for supervising the activities of those officers listed in this paragraph; and (viii) Immigration officers who need the authority to execute arrest warrants for immigration violations under section 287(a) of the Act in order to effectively accomplish their individual missions and who are designated, individually or as a class, by the Commissioner of CBP, the Assistant Secretary/Director of ICE, or the Director of USCIS. (4) Service of warrant of arrests for non-immigration violations. (i) Border patrol agents; (ii) Air and marine agents; (iii) CBP officers (iv) Special agents; (v) Deportation officers; (vi) Immigration enforcement agents; (vii) Supervisory and managerial personnel who are responsible for supervising the activities of those officers listed in this paragraph; and (viii) Immigration officers who need the authority to execute warrants of arrest for non-immigration violations under section 287(a) of the Act in order to effectively accomplish their individual missions and who are designated, individually or as a class, by the Commissioner of CBP, the Assistant Secretary/Director of ICE, or the Director of USCIS. (f) Power and authority to carry firearms. (1) Border patrol agents; (2) Air and marine agents; (3) Special agents; (4) Deportation officers; (5) Detention enforcement officers or immigration enforcement agents; (6) CBP officers; (7) Supervisory and managerial personnel who are responsible for supervising the activities of those officers listed in this paragraph; and (8) Immigration officers who need the authority to carry firearms under section 287(a) of the Act in order to effectively accomplish their individual missions and who are designated, individually or as a class, by the Commissioner of CBP, the Assistant Secretary/Director of ICE, or the Director of USCIS. [68 FR 35277, June 13, 2003, as amended at 70 FR 67089, Nov. 4, 2005; 76 FR 53797, Aug. 29, 2011; 81 FR 62356, Sept. 9, 2016; 90 FR 42804, Sept. 5, 2025] § 287.6 Proof of official records. (a) Domestic. (b) Foreign: Countries not Signatories to Convention. (2) The attested copy, with the additional foreign certificates if any, must be certified by an officer in the Foreign Service of the United States, stationed in the foreign country where the record is kept. This officer must certify the genuineness of the signature and the official position either of (i) the attesting officer; or (ii) any foreign officer whose certification of genuineness of signature and official position relates directly to the attestation or is in a chain of certificates of genuineness of signature and official position relating to the attestation. (c) Foreign: Countries Signatory to Convention Abolishing the Requirement of Legislation for Foreign Public Document. (2) No certification is needed from an officer in the Foreign Service of public documents. (3) In accordance with the Convention, the following are deemed to be public documents: (i) Documents emanating from an authority or an official connected with the courts of tribunals of the state, including those emanating from a public prosecutor, a clerk of a court or a process server; (ii) Administrative documents; (iii) Notarial acts; and (iv) Official certificates which are placed on documents signed by persons in their private capacity, such as official certificates recording the registration of a document or the fact that it was in existence on a certain date, and official and notarial authentication of signatures. (4) In accordance with the Convention, the following are deemed not to be public documents, and thus are subject to the more stringent requirements of § 287.6(b) above: (i) Documents executed by diplomatic or consular agents; and (ii) Administrative documents dealing directly with commercial or customs operations. (d) Canada. [50 FR 37834, Sept. 18, 1985, as amended at 54 FR 39337, Sept. 26, 1989; 54 FR 48851, Nov. 28, 1989] § 287.7 Detainer provisions under section 287(d)(3) of the Act. (a) Detainers in general. (b) Authority to issue detainers. (1) Border patrol agents, including aircraft pilots; (2) Special agents; (3) Deportation officers; (4) Immigration inspectors; (5) Adjudications officers; (6) Immigration enforcement agents; (7) Supervisory and managerial personnel who are responsible for supervising the activities of those officers listed in this paragraph; and (8) Immigration officers who need the authority to issue detainers under section 287(d)(3) of the Act in order to effectively accomplish their individual missions and who are designated individually or as a class, by the Commissioner of CBP, the Assistant Secretary for ICE, or the Director of the USCIS. (c) Availability of records. (d) Temporary detention at Department request. (e) Financial responsibility for detention. [68 FR 35279, June 13, 2003, as amended at 76 FR 53797, Aug. 29, 2011] § 287.8 Standards for enforcement activities. The following standards for enforcement activities contained in this section must be adhered to by every immigration officer involved in enforcement activities. Any violation of this section shall be reported to the Office of the Inspector General or such other entity as may be provided for in 8 CFR 287.10. (a) Use of force Non-deadly force. (ii) Non-deadly force may be used only when a designated immigration officer, as listed in paragraph (a)(1)(iv) of this section, has reasonable grounds to believe that such force is necessary. (iii) A designated immigration officer shall always use the minimum non-deadly force necessary to accomplish the officer's mission and shall escalate to a higher level of non-deadly force only when such higher level of force is warranted by the actions, apparent intentions, and apparent capabilities of the suspect, prisoner, or assailant. (iv) The following immigration officers who have successfully completed basic immigration law enforcement training are hereby authorized and designated to exercise the power conferred by section 287(a) of the Act to use non-deadly force should circumstances warrant it: (A) Border patrol agents; (B) Air and marine agents; (C) Special agents; (D) Deportation officers; (E) Detention enforcement officers or immigration enforcement agents; (F) CBP officers; (G) Supervisory and managerial personnel who are responsible for supervising the activities of those officers listed in this paragraph; and (H) Immigration officers who need the authority to use non-deadly force under section 287(a) of the Act in order to effectively accomplish their individual missions and who are designated, individually or as a class, by the Commissioner of CBP, the Assistant Secretary/Director of ICE, or the Director of USCIS. (2) Deadly force. (ii) Deadly force may be used only when a designated immigration officer, as listed in paragraph (a)(2)(iii) of this section, has reasonable grounds to believe that such force is necessary to protect the designated immigration officer or other persons from the imminent danger of death or serious physical injury. (iii) The following immigration officers who have successfully completed basic immigration law enforcement training are hereby authorized and designated to exercise the power conferred by section 287(a) of the Act to use deadly force should circumstances warrant it: (A) Border patrol agents; (B) Air and marine agents; (C) Special agents (D) Deportation officers; (E) Detention enforcement officers or immigration enforcement agents; (F) CBP officers; (G) Supervisory and managerial personnel who are responsible for supervising the activities of those officers listed above; and (H) Immigration officers who need the authority to use deadly force under section 287(a) of the Act in order to effectively accomplish their individual missions and who are designated, individually or as a class, by the Commissioner of CBP, the Assistant Secretary/Director of ICE, or the Director of USCIS. (b) Interrogation and detention not amounting to arrest. (2) If the immigration officer has a reasonable suspicion, based on specific articulable facts, that the person being questioned is, or is attempting to be, engaged in an offense against the United States or is an alien illegally in the United States, the immigration officer may briefly detain the person for questioning. (3) Information obtained from this questioning may provide the basis for a subsequent arrest, which must be effected only by a designated immigration officer, as listed in 8 CFR 287.5(c). The conduct of arrests is specified in paragraph (c) of this section. (c) Conduct of arrests Authority. (2) General procedures. (ii) A warrant of arrest shall be obtained except when the designated immigration officer has reason to believe that the person is likely to escape before a warrant can be obtained. (iii) At the time of the arrest, the designated immigration officer shall, as soon as it is practical and safe to do so: (A) Identify himself or herself as an immigration officer who is authorized to execute an arrest; and (B) State that the person is under arrest and the reason for the arrest. (iv) With respect to an alien arrested and administratively charged with being in the United States in violation of law, the arresting officer shall adhere to the procedures set forth in 8 CFR 287.3 if the arrest is made without a warrant. (v) With respect to a person arrested and charged with a criminal violation of the laws of the United States, the arresting officer shall advise the person of the appropriate rights as required by law at the time of the arrest, or as soon thereafter as practicable. It is the duty of the immigration officer to assure that the warnings are given in a language the subject understands, and that the subject acknowledges that the warnings are understood. The fact that a person has been advised of his or her rights shall be documented on appropriate Department forms and made a part of the arrest record. (vi) Every person arrested and charged with a criminal violation of the laws of the United States shall be brought without unnecessary delay before a United States magistrate judge, a United States district judge or, if necessary, a judicial officer empowered in accordance with 18 U.S.C. 3041 to commit persons charged with such crimes. Accordingly, the immigration officer shall contact an Assistant United States Attorney to arrange for an initial appearance. (vii) The use of threats, coercion, or physical abuse by the designated immigration officer to induce a suspect to waive his or her rights or to make a statement is prohibited. (d) Transportation Vehicle transportation. (2) Airline transportation. (e) Vehicular pursuit. (2) The following immigration officers who have successfully completed basic immigration law enforcement training are hereby authorized and designated to initiate a vehicular pursuit: (i) Border patrol agents; (ii) Air and marine agents; (iii) CBP officers; (iv) Supervisory personnel who are responsible for supervising the activities of those officers listed in this paragraph; and (v) Immigration officers who need the authority to initiate a vehicular pursuit in order to effectively accomplish their individual missions and who are designated, individually or as a class, by the Commissioner of CBP, the Assistant Secretary/Director of ICE, or the Director of USCIS. (f) Site inspections. (2) An immigration officer may not enter into the non-public areas of a business, a residence including the curtilage of such residence, or a farm or other outdoor agricultural operation, except as provided in section 287(a)(3) of the Act, for the purpose of questioning the occupants or employees concerning their right to be or remain in the United States unless the officer has either a warrant or the consent of the owner or other person in control of the site to be inspected. When consent to enter is given, the immigration officer must note on the officer's report that consent was given and, if possible, by whom consent was given. If the immigration officer is denied access to conduct a site inspection, a warrant may be obtained. (3) Adequate records must be maintained noting the results of every site inspection, including those where no illegal aliens are located. (4) Nothing in this section prohibits an immigration officer from entering into any area of a business or other activity to which the general public has access or onto open fields that are not farms or other outdoor agricultural operations without a warrant, consent, or any particularized suspicion in order to question any person whom the officer believes to be an alien concerning his or her right to be or remain in the United States. (g) Guidelines. [68 FR 35280, June 13, 2003, as amended at 81 FR 62357, Sept. 9, 2016; 90 FR 42804, Sept. 5, 2025] § 287.9 Criminal search warrant and firearms policies. (a) A search warrant should be obtained prior to conducting a search in a criminal investigation unless a specific exception to the warrant requirement is authorized by statute or recognized by the courts. Such exceptions may include, for example, the consent of the person to be searched, exigent circumstances, searches incident to a lawful arrest, and border searches. The Commissioner of CBP, the Assistant Secretary of ICE, and the Director of USCIS shall promulgate guidelines governing officers' conduct relating to search and seizure. (b) In using a firearm, an immigration officer shall adhere to the standard of conduct set forth in § 287.8(a)(2). An immigration officer may carry only firearms (whether Department issued or personally owned) that have been approved pursuant to guidelines promulgated by the Commissioner of CBP, the Assistant Secretary of ICE, and the Director of USCIS. These officials shall promulgate guidelines with respect to: (1) Investigative procedures to be followed after a shooting incident involving an officer; (2) Loss or theft of an approved firearm; (3) Maintenance of records with respect to the issuance of firearms and ammunition; and (4) Procedures for the proper care, storage, and maintenance of firearms, ammunition, and related equipment. [59 FR 42420, Aug. 17, 1994, as amended at 68 FR 35280, June 13, 2003; 90 FR 42804, Sept. 5, 2025] § 287.10 Expedited internal review process. (a) Violations of standards for enforcement activities. (b) Complaints. (c) Expedited processing of complaints. (d) Unsubstantiated complaints. (e) Jurisdiction of Department of Justice organizations. [68 FR 35281, June 13, 2003] § 287.11 Pre-enrolled Access Lane. (a) Pre-enrolled Access Lane (b) General requirements for Pre-enrolled Access Lane Program. (2) Only United States citizens and members of the classes of aliens which the Commissioner of the Service or her delegates determine to be eligible may enroll in the PAL program. To participate in the PAL program, an applicant must have a permanent or temporary residence in the United States, and must agree to furnish all information requested on the application. (3) The applicant must agree to all terms and conditions required for use of a Pre-enrolled Access Lane. Immigration, criminal justice information, and law enforcement records and databases will be checked to assist in determining the applicant's eligibility. The Service may require applicants to submit fingerprints, and the Service may provide those fingerprints to Federal, State, and local government agencies for the purpose of determining eligibility to participate in the PAL program. (4) Any vehicle used in a Pre-enrolled Access Lane must have current approval from the Service for use in the PAL program. (5) Enrolled participants may be issued an identification document showing authorization to participate in the PAL program, and, if such a document is issued, participants must have it in their possession whenever using the PAL. In addition, alien participants must be in possession of a valid form constituting evidence of alien registration pursuant to § 264.1(b) of this chapter at all times while using the PAL. (6) The Service will install any and all equipment, decals, devices, technology, or methodology it deems necessary on registered vehicles to ensure that only authorized persons and vehicles use the PAL. (7) All devices, decals, or other equipment, methodology, or technology used to identify persons or vehicles using a Pre-enrolled Access Lane remain the property of the United States Government at all times and must be surrendered upon request of the Service. Enrolled participants must abide by the terms set forth by the Service for use of any device, decal, or other equipment, methodology, or technology. If a vehicle is sold or otherwise disposed of, it is the responsibility of the enrolled participant to remove or obliterate any identifying decal or other authorization for participation in the PAL program before or at the time of sale or disposal unless otherwise notified by the Service. If the Service installs an electronic transmitter or similar device on the vehicle, the enrolled participant must have that device removed by the Service at the PAL enrollment center prior to sale or disposal of an authorized vehicle. (8) Enrolled participants in the PAL program may carry passengers who are not enrolled in the program in their authorized vehicles in the PAL as long as all passengers are United States citizens, lawful permanent residents of the United States, or rightful holders of valid nonimmigrant United States visas. (c) Application. (2) Each person wishing to enroll in the Pre-enrolled Access Lane program must submit a separate application. (3) Applications must be supported by documents establishing identity, United States citizenship or lawful immigration status in the United States, a valid driver's license, and vehicle registration for all vehicles being registered. The Service may require additional documentation where appropriate to substantiate information provided on the application, as well as written permission from the vehicle owner to use any vehicle not owned by the applicant in the PAL. (4) Each person filing an application may be required to present himself or herself for an interview at a time and place designated by the Service prior to approval of the application. (5) The Service may inspect any vehicle that a PAL applicant desires to register for use in the PAL to ensure that it does not present evidence of having been used or prepared to be used to smuggle aliens or controlled substances, and the Service must approve all vehicles prior to use in the PAL. The Service may prohibit the use of certain types of vehicles in the PAL for reasons of safety and law enforcement. (6) An application may be denied by the Chief Patrol Agent having jurisdiction over the PAL enrollment center where the application is filed. Written notice of the decision on the application shall be given to the applicant or mailed by ordinary mail to the applicant's last known address. There is no appeal from a denial, but denial is without prejudice to reapplying for this program. Re-applications following denial or revocation of the privilege to participate in the PAL program will not be considered by the Service until 90 days after the date of denial or revocation. (7) Registration in the PAL program is limited to individuals who the Service has determined present a low risk of using the PAL for unlawful purposes. Criteria that will be considered in the decision to approve or deny the application include the following: lawful presence in the United States, criminal history and/or evidence of criminality, employment, residency, prior immigration history, possession of a valid driver's license, vehicle type, registration, and inspection. (8) Applications approved by the Service will entitle the authorized person and the authorized vehicle to use the PAL for 2 years from the date of approval of the application or until authorization is revoked, whichever occurs first. (d) Acknowledgments and agreements. (e) Violation of conditions of a Pre-enrolled Access Lane and Revocation. (f) No benefits or rights conferred. [62 FR 19025, Apr. 18, 1997] § 287.12 Scope. With regard to this part, these regulations provide internal guidance on specific areas of law enforcement authority. These regulations do not, are not intended to, and shall not be construed to exclude, supplant, or limit otherwise lawful activities of the Department or the Secretary. These regulations do not, are not intended to, shall not be construed to, and may not be relied upon to create any rights, substantive or procedural, enforceable at law by any party in any matter, civil or criminal. The Secretary shall have exclusive authority to enforce these regulations through such administrative and other means as he may deem appropriate. [68 FR 35282, June 13, 2003]