Case 1:18-cv-01867 Document 1 Filed 03/28/18 Page 1 of 46 PageID #: 1

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK
x
TAMEIKA LOVELL COMPLAINT

JURY DEMAND
Plaintiff,
-against-

UNITED STATES OF AMERICA; UNITED STATES CUSTOMS

AND BORDER PROTECTION; JOHN DOE 1, as Director, Field
Operations, United States Customs and Border Protection; JOHN
DOE 2, as Chief Officer, United States Customs and Border
Protection; JOHN DOE 3, as Supervisory Officer, United States
Customs and Border Protection; PARKER Shield No.: 24750, as
Officer, United States Customs and Border Protection and MUNOZ
Shield No.: 21455, as Officer, United States Customs and Border
Protection each sued individually and in their official capacities as
employees of Defendant UNITED STATE OF AMERICA and
UNITED STATES CUSTOMS AND BORDER PROTECTION

Defendants'
x

The plaintiff TAMEIKA LOVELL by her attorney The Sanders Firm, P.C., for her

complaint against defendants' UNITED STATES OF AMERICA; UNITED STATES CUSTOMS

AND BORDER PROTECTION; JOHN DOES 1-3; PARKER and MUNOZ, respectfully set forth

and allege that:

INTRODUCTION

This action concerns constitutional limits on the government's ability to detain, seize then

search a person's most intimate bodily spaces for alleged 'drugs' without judicial oversight or even

reasonable suspicion. Plaintiff a United States citizen, alleges that on or about November 27, 2016,

she returned to the United States from Jamaica, West Indes through the John F. Kennedy Airport

Port of Entry. Plaintiff TAMEIKA LOVELL alleges defendants' UNITED STATES OF

AMERICA; UNITED STATES CUSTOMS AND BORDER PROTECTION; JOHN DOES 1-3;
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PARKER and MUNOZ subjected her to an unlawful 'body cavity' search against her will resulting

in no arrest.

JURISDICTION AND VENUE

1. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §1331 because

plaintiff's claims arise under the United States Constitution.

2. Venue is proper in this judicial district under 28 U.S.C. §1391(b)(2) because the

incident giving rise to this action occurred within the Eastern District of New York.

PROCEDURAL REOUIREMENTS

3. Plaintiff alleges that on or about May 10, 2017, she filed a federal tort claim within

the Federal Tort Claim Act with the United States Customs and Border Protection.

4. Plaintiff alleges that on or about on March 15, 2108, she received notice the United

States Customs and Border Protection denied her federal tort claim.

5. Plaintiff files this federal complaint within the applicable statute of limitations

period.

PLAINTIFF

6. Plaintiff TAMEIKA LOVELL is a female citizen of the United States of America,

over twenty-one (21) years of age and resident of Nassau County.

DEFENDANTS'

7. Defendant UNITED STATES OF AMERICA manages government agency

defendant UNITED STATES CUSTOMS AND BORDER PROTECTION and is defendants'

JOHN DOES 1 -3, PARKER and MUNOZ'S employer.

8. Defendant UNITED STATES CUSTOMS AND BORDER PROTECTION is a

government agency under the jurisdiction of the United States Department of Homeland

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Security.

9. Defendant JOHN DOE 1, as Director, Field Operations, UNITED STATES

CUSTOMS AND BORDER PROTECTION.

10. Defendant JOHN DOE 2, as Chief Officer, UNITED STATES CUSTOMS AND

BORDER PROTECTION.

11. Defendant JOHN DOE 3, as Supervisory Officer, UNITED STATES CUSTOMS

AND BORDER PROTECTION.

12. Defendant PARKER, as Officer, UNITED STATES CUSTOMS AND BORDER

PROTECTION.

13. Defendant MUNOZ, as Officer, UNITED STATES CUSTOMS AND BORDER

PROTECTION.

BACKGROUND

14. Plaintiff that in or around October 2015, under Former Commissioner R. Gil

Kerilkowske, defendants' UNITED STATES OF AMERICA and UNITED STATES CUSTOMS

AND BORDER PROTECTION and the Department of Homeland Security created the U.S.

Customs and Border Protection — National Standards on Transport, Escort, Detention, and Search

(TEDS).

15. Plaintiff alleges defendants' UNITED STATES OF AMERICA and UNITED

STATES CUSTOMS AND BORDER PROTECTION knows but, condones its employees

intentionally ignoring TEDS in violation of the constitutional rights of U.S. Citizens under the

Fourth and Fifth Amendments of the United States Constitution.

16. Plaintiff alleges specifically under TEDS Rule 1.4, CBP employees must treat all

individuals with dignity and respect

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17. Plaintiff alleges specifically under TEDS Rule 1.4, CBP employees will perform

their duties in a non-discriminatory manner, with respect to all forms of protected status under

federal law, regulations, Executive order, or policy, with full respect for individual rights including

equal protection under the law, due process, freedom of speech, and religion, freedom from

excessive force, and freedom from unreasonable searches and seizures.

18. Plaintiff alleges specifically under TEDS Rule 1.8, every effort must be made to

promptly transfer, transport, process, release, or repatriate detainees as appropriate according to

each operational office's policies and procedures and is operationally feasible.

19. Plaintiff alleges specifically under TEDS Rule 3.1, all searches must be conducted

under the appropriate legal authority and standards.

20. Plaintiff alleges specifically under TEDS Rule 3.1, Officers/Agents must be diligent

in their efforts to protect a detainee's legal rights and treat detainees with respect, dignity, and an

appropriate level of privacy.

21. Plaintiff alleges specifically under TEDS Rule 3.1, Officers/Agents must consider

the totality of the circumstances and articulable factors when making a decision to search.

22. Plaintiff alleges specifically under TEDS Rule 3.1, recognizing the potential

intrusiveness of these searches on an individual's sense of privacy, searches must be conducted only

with the proper legal authority and justification, with due recognition and deference for the human

dignity of those being searched, and in accordance with the operational office's policies and

procedures.

23. Plaintiff alleges specifically under TEDS Rule 3.1, each operational office

determines search documentation requirements.

24. Plaintiff alleges specifically under TEDS Rule 3.1, however, all strip searches, x-ray

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searches, body cavity searches, and monitored bowel movements (MBM) must be recorded in the

appropriate electronic system(s) of record.

25. Plaintiff alleges specifically under TEDS Rule 3.1, the report must contain the

reason for the search, results of the search, a description of any contraband recovered, who

conducted the search, and who authorized the search.

26. Plaintiff alleges specifically under TEDS Rule 3.6, an immediate pat-down or Terry

frisk is an external search necessary to ensure officer safety but, not for the purpose of checking for

contraband.

27. Plaintiff alleges specifically under TEDS. Rule 3.7, a strip search requires a person to

remove or arrange some or all clothing to permit a visual inspection of the person's breasts,

buttocks, or genitalia related to searches for contraband.

28. Plaintiff alleges specifically under TEDS Rule 3.7, Officers/Agents must obtain

supervisory approval authorized by the operational office's policies and procedures before

conducting a strip search.

29. Plaintiff alleges specifically under TEDs Rule 3.7, all strip searches, the reason for

the search, and the authorizing supervisor must be documented in the appropriate electronic

system(s) of record.

30. Plaintiff alleges specifically under TEDS Rule 3.8, a body cavity search is any

internal search consisting of the visual or physical intrusion into the rectal or vaginal cavity.

31. Plaintiff alleges specifically under TEDS Rule 3.8, Officers/Agents are

PROHIBITED from conducting physically intrusive body cavity searches.

32. Plaintiff alleges specifically under TEDS Rule 3.8, this type of body cavity search

should be conducted under the most exceptional circumstances, and only by medical practitioners at

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a medical facility.

33. Plaintiff alleges specifically under TEDS Rule 3.8, body cavity searches will be

conducted only after being approved by a supervisor authorized by the operational office's policies

and procedures and after obtaining consent or a search warrant.

34. Plaintiff alleges specifically TEDS Rule 3.8, all body cavity searches, the reason for

the search, and the authorizing supervisor must be documented in the appropriate electronic

system(s) of records.

35. Plaintiff alleges specifically TEDS Rule 3.8, in the case of more physically intrusive

body cavity searches, the name of the medical facility where the search was performed must also be

documented in the appropriate electronic system(s) of record.

36. Plaintiff alleges that defendants' UNITED STATES OF AMERICA; UNITED

STATES CUSTOMS AND BORDER PROTECTION; JOHN DOES 1-3; PARKER and MUNOZ

created and maintains a checkpoint for U.S. Citizens at the John F. Kennedy Airport Port of Entry

into the United States.

37. Plaintiff alleges that defendants' UNITED STATES OF AMERICA; UNITED

STATES CUSTOMS AND BORDER PROTECTION; JOHN DOES 1-3; PARKER and MUNOZ

unlawfully use 'race' as an impermissible factor to seize and search U.S. Citizens in violation of

TEDS Rule 1.4, 1.8, 3.1, 3.6 — 3.8, the Fourth and Fifth Amendments of the United States

Constitution.

38. Plaintiff alleges that defendants' UNITED STATES OF AMERICA; UNITED

STATES CUSTOMS AND BORDER PROTECTION; JOHN DOES 1-3; PARKER and MUNOZ

unlawfully use 'random searches' as an impermissible factor to seize and search U.S. Citizens in

violation of TEDS Rule 1.4, 1.8, 3.1, 3.6 — 3.8, the Fourth and Fifth Amendments of the United

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States Constitution.

39. Plaintiff alleges that 'random searches' are in violation of TEDS Rule 1.4, 1.8, 3.1,

3.6 — 3.8, the Fourth and Fifth Amendments of the United States Constitution.

40. Plaintiff alleges that on or about November 27, 2016, she passed through the

checkpoint for U.S. Citizens at the John F. Kennedy Airport Port of Entry into the United States

maintained by defendants' UNITED STATES OF AMERICA; UNITED STATES CUSTOMS

AND BORDER PROTECTION; JOHN DOES 1-3; PARKER and MUNOZ.

41. Plaintiff alleges while passing through the checkpoint, defendants' UNITED

STATES OF AMERICA; UNITED STATES CUSTOMS AND BORDER PROTECTION; JOHN

DOES 1-3; PARKER and MUNOZ subjected her to a 'random' stop using 'race' as an

impermissible factor violation of TEDS Rule 1.4, 1.8, 3.1, 3.6 — 3.8, the Fourth and Fifth

Amendments of the United States Constitution.

42. Plaintiff alleges defendants' UNITED STATES OF AMERICA; UNITED STATES

CUSTOMS AND BORDER PROTECTION; JOHN DOES 1-3; PARKER and MUNOZ subjected

her to a 'random' stop using 'race' as an impermissible factor in violation of TEDS Rule 1.4, 1.8,

3.1, 3.6 — 3.8, the Fourth and Fifth Amendments of the United States Constitution.

43. Plaintiff alleges defendants' UNITED STATES OF AMERICA and UNITED

STATES CUSTOMS AND BORDER PROTECTION and its employees carry-out these unlawful

`random' stops using 'race' as an impermissible factor throughout the United States especially

against females and persons of color.

44. Plaintiff alleges although she carried no drugs or violated any laws, defendants'

UNITED STATES OF AMERICA; UNITED STATES CUSTOMS AND BORDER

PROTECTION; JOHN DOES 1-3; PARKER and MUNOZ subjected her to an unlawful 'body

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cavity search' in violation of TEDS Rule 1.4, 1.8, 3.1, 3.6 — 3.8, the Fourth and Fifth Amendments

of the United States Constitution.

45. Plaintiff alleges while retrieving her luggage inside of Terminal 4, defendants'

PARKER and MUNOZ approached her for a 'random search.'

46. Plaintiff alleges this isn't the first time she's been subjected to a 'random search.'

47. Plaintiff alleges defendants' PARKER and MUNOZ ordered her to follow them to a

secured area of Terminal 4.

48. Plaintiff alleges prior to going to the secure area of Terminal 4, defendants'

PARKER and MUNOZ'S supervisor interacted with her.

49. Plaintiff alleges defendants' PARKER and MUNOZ'S supervisor asked her, "Why

do you travel so much?"

50. Plaintiff responded, "I'm a school counselor and I travel during the holidays."

51. Plaintiff alleges defendants' PARKER and MUNOZ'S supervisor said, "Don't you

think you're spending too much money traveling?"

52. Plaintiff responded, "I travel when I can."

53. Plaintiff then followed defendants' PARKER and MUNOZ into the secure area of

Terminal 4.

54. Plaintiff alleges while searching her luggage, defendant PARKER asked her if she

had a tampon inside of her vagina or maxi pad.

55. Plaintiff responded, "No."

56. Plaintiff alleges she was afraid of defendants' PARKER and MUNOZ.

57. Plaintiff alleges defendant MUNOZ stood nearby with her hand placed on her

firearm.

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58. Plaintiff alleges defendants' PARKER and MUNOZ ordered her to place her hands

against the wall and spread her legs.

59. Plaintiff alleges defendant PARKER began touching her body from head to toe.

60. Plaintiff alleges defendant PARKER did not articulate why she was being searched

although she violated no laws.

61. Plaintiff alleges defendant MUNOZ stood nearby with her hand on her firearm.

62. Plaintiff alleges shortly thereafter defendants' PARKER and MUNOZ ordered her to

squat in front of them in violation of TEDS Rule 1.4, 1.8, 3.1, 3.6 — 3.8, the Fourth and Fifth

Amendments of the United States Constitution.

63. Plaintiff alleges defendant MUNOZ ordered her to hold her hands up higher above

her head and spread her legs wider.

64. Plaintiff alleges defendant MUNOZ did not articulate why she was being treated in

this manner although she violated no laws.

65. Plaintiff alleges defendant PARKER then physically squeezed her breasts hard.

66. Plaintiff alleges defendant PARKER then placed her right hand into her pants

`forcibly' inserting four (4) gloved fingers into plaintiff's vagina.

67. Plaintiff alleges defendant PARKER then swiped her hand between both buttocks

opening them for viewing.

68. Plaintiff alleges defendant PARKER and MUNOZ'S actions are in violation of

TEDS Rule 1.4, 1.8, 3.1, 3.6 — 3.8, and the Fourth and Fifth Amendments of the United States

Constitution.

69. Plaintiff while defendants' PARKER and MUNOZ subjected her to this conduct,

she felt violated, shocked and afraid.

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70. Plaintiff alleges sometime later defendants' PARKER and MUNOZ'S supervisor

entered the secure area.

71. Plaintiff alleges defendants' PARKER and MUNOZ's supervisor told her

paraphrase "This was a 'random search' and because you frequently travel, you may be subjected to

another 'random search.' We're the federal government and we have the right to search you."

72. Plaintiff alleges defendants' PARKER and MUNOZ'S supervisor's comments are in

violation of TEDS Rule 1.4, 1.8, 3.1, 3.6 — 3.8, the Fourth and Fifth Amendments of the United

States Constitution.

73. Plaintiff alleges shortly thereafter, she and her father traveled to the North Shore

Long Island Jewish — Syosset to receive medical treatment.

74. Plaintiff alleges the hospital attempted to prepare a Vitullo Kit (Rape Kit) but, she

was too traumatized for the examination.

75. Plaintiff alleges the hospital then performed an external examination of her body

including the breasts, vagina and buttocks.

76. Plaintiff alleges the hospital notified the Port Authority of New York/New Jersey

Police Department (PAPD).

77. Plaintiff alleges hours later, PAPD Detective Albert Corradina, Criminal

Investigations Bureau responded to the hospital.

78. Plaintiff alleges shortly thereafter, PAPD Detective Corradina prepared a criminal

complaint and filed it, Case No.: 16 K 75162.

79. Plaintiff alleges shortly thereafter, the hospital discharged her referring her to a rape

counseling service.

80. Plaintiff alleges the rape counselor worked with her for approximately 10 months

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referring her to a psychologist or psychiatrist to treat her anxieties.

81. Plaintiff alleges shortly thereafter, she met with the Queens District Attorney's

Office but, they failed to file criminal charges against defendants' JOHN DOES 1-3; PARKER and

MUNOZ.

82. Plaintiff alleges defendants' UNITED STATES OF AMERICA; UNITED STATES

CUSTOMS AND BORDER PROTECTION; JOHN DOES 1-3; PARKER and MUNOZ'S actions

caused her to sustain extreme emotional distress, substantial pain about the body, contusions to her

breasts, discomfort inside of her vaginal cavity and buttocks.

83. Plaintiff alleges defendants' UNTIED STATES OF AMERICA; UNITED STATES

CUSTOMS AND BORDER PROTECTION; JOHN DOES 1-3; PARKER and MUNOZ'S actions

caused to become celibate.

84. Plaintiff alleges defendants' UNITED STATES OF AMERICA; UNITED STATES

CUSTOMS AND BORDER PROTECTION; JOHN DOES 1-3; PARKER and MUNOZ'S actions

caused to suffer intermittent panic attacks, anxieties, fits of crying, etc., that are enhanced while

traveling through ports of entries maintained by defendants' UNITED STATES OF AMERICA and

UNITED STATES CUSTOMS AND BORDER PROTECTION.

VIOLATIONS AND CLAIMS ALLEGED

COUNT I
VIOLATION OF THE FOURTH AMENDMENT
ILLEGAL SEIZURE OF THE PERSON
IN VIOLATION OF BIVENS

85. Plaintiff re-alleges Paragraphs 1 through 84 and incorporates them by reference as

Paragraphs 1 through 84 of Count I of this Complaint.

86. Plaintiff alleges that defendants' UNITED STATES OF AMERICA; UNITED

STATES CUSTOMS AND BORDER PROTECTION; JOHN DOES 1-3; PARKER and MUNOZ

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acted under the color of federal law to deprive her right to be free from unreasonable governmental

intrusion by seizing her without an articulable legal basis that she was committing a crime, in

violation of the Fourth Amendment of the United States Constitution.

87. Plaintiff alleges that this cause of action is brought pursuant to Bivens v. Six

Unknown Agents, 403 U.S. 388 (1971).

COUNT II
VIOLATION OF THE FOURTH AMENDMENT
ILLEGAL SEARCH OF THE PERSON
IN VIOLATION OF BIVENS

88. Plaintiff re-alleges Paragraphs 1 through 87 and incorporates them by reference as

Paragraphs 1 through 87 of Count II of this Complaint.

89. Plaintiff alleges that defendants' UNITED STATES OF AMERICA; UNITED

STATES CUSTOMS AND BORDER PROTECTION; JOHN DOES 1-3; PARKER and MUNOZ

acted under the color of federal law to deprive her right to be free from unreasonable governmental

intrusion by searching her without an articulable legal basis that she was conunitting a crime, in

violation of the Fourth Amendment of the United States Constitution.

90. Plaintiff alleges that this cause of action is brought pursuant to Bivens v. Six

Unknown Agents, 403 U.S. 388 (1971).

COUNT III
VIOLATION OF THE FIFTH AMENDMENT
PROCEDURAL DUE PROCESS
IN VIOLATION OF BIVENS

91. Plaintiff re-alleges Paragraphs 1 through 90 and incorporates them by reference as

Paragraphs 1 through 90 of Count III of this Complaint.

92. Plaintiff alleges that defendants' UNITED STATES OF AMERICA; UNITED

STATES CUSTOMS AND BORDER PROTECTION; JOHN DOES 1-3; PARKER and MUNOZ

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acted under the color of federal law to deprive her right to procedural due process by acting in a

manner that 'shocks the conscience' in violation of the Fifth Amendment of the United States

Constitution.

93. Plaintiff alleges that this cause of action is brought pursuant to Bivens v. Six

Unknown Agents, 403 U.S. 388 (1971).

COUNT IV
VIOLATION OF THE FIFTH AMENDMENT
SUBSTANTIVE DUE PROCESS
IN VIOLATION OF BIVENS

94. Plaintiff re-alleges Paragraphs 1 through 93 and incorporates them by reference as

Paragraphs 1 through 93 of Count IV of this Complaint.

95. Plaintiff alleges that defendants' UNITED STATES OF AMERICA; UNITED

STATES CUSTOMS AND BORDER PROTECTION; JOHN DOES 1-3; PARKER and MUNOZ

acted under the color of federal law to deprive her right to substantive due process by acting in a

manner that 'shocks the conscience' in violation of the Fifth Amendment of the United States

Constitution.

96. Plaintiff alleges that this cause of action is brought pursuant to Bivens v. Six

Unknown Agents, 403 U.S. 388 (1971).

JURY TRIAL

97. Plaintiff demands a trial by jury of all issues in this action that are so triable.

PRAYER FOR RELIEF

Wherefore, plaintiff demands compensatory and punitive damages from defendants'

UNITED STATES OF AMERICA; UNITED STATES CUSTOMS AND BORDER

PROTECTION; JOHN DOES 1-3; PARKER and MUNOZ jointly and severally, in an amount of

$35 million dollars plus available statutory remedies, both legal and equitable, and interests and

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costs.

Dated: March 28, 2018

New York, N.Y.

Respec ly submitted,

By:
Eric Sanders

Eric Sanders, Esq.

THE SANDERS FIRM, P.C.
30 Wall Street, 8th Floor
New York, N.Y. 10005
(212) 652-2782 (Business Telephone)
(212) 652-2783 (Facsimile)

Website: http://www.thesandersfirmpc.com

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EXHIBIT 1
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U.S. Customs and Border Protection

National Standards on Transport, Escort,
Detention, and Search
October 2015
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TABLE OF CONTENTS
FOREWORD FROM THE COMMISSIONER 3 4.0 SECURE DETENTION STANDARDS 14
AUTHORITIES / REFERENCES 3 4.1 Duration of Detention 14
1.0 GENERAL STANDARDS 4 4.2 At-Risk Detainee Determination
1.1 Safety During CBP Operations 4 Process 14
1.2 Integrity and Professionalism 4 4.3 General Detention Procedures 14
1.3 Zero Tolerance Policy Related to Sexual 4.4 Restraints Procedures 15
Abuse 4 4.5 Electronic System(s) of Record 15
1.4 Non-Discrimination Policy 4 4.6 Hold Room Monitoring 16
1.5 Religious Sensitivity 4 4.7 Hold Room Standards 16
1.6 Treatment of Juveniles 4 4.8 Consular Contact and List of Legal Service
1.7 Reasonable Accommodations and Providers 16
Language Access 4 4.9 Telephones 16
1.8 Duration of Detention 4 4.10 Medical 17
1.9 Family Unity 4 4.11 Hygiene 17
4.12 Bedding 17
2.0 TRANSPORT AND ESCORT
4.13 Food and Beverage 18
STANDARDS 5
4.14 Drinking Water 18
2.1 Vehicle Standards 5
4.15 Restroom Facilities 18
2.2 Use of Restraints
4.16 Open Area Security 18
2.3 Transport Communication 5
5.0 AT-RISK POPULATIONS 19
2.4 Transport and Escort Assessment 5
5.1 General 19
2.5 Transporting and Escorting Officer/Agent
5.2 UAC Screenings 19
Responsibilities 5
5.3 Documentation 19
2.6 Ground Transportation and Escort
5.4 Transport 20
Standards 6
5.5 Search 20
2.7 Commercial Air Transportation 6
5.6 Detention 22
2.8 Medical Precautions 6
5.7 Use of Restraints 23
2.9 Emergency Situations during Transport 7
6.0 SEXUAL ABUSE VICTIMIZATION 24
2.10 Transfer of Detainee Documents and
Medication 8 7.0 PERSONAL PROPERTY 26
9 7.1 General 26
3.0 SEARCHES OF INDIVIDUALS
3.1 Requirements 9 7.2 Processing and Storage of Detainees'
9 Personal Property 26
3.2 Use of Restraints
9 7.3 Notice to Detainees 27
3.3 Communication
9 7.4 Possessions Kept on the Detainee 27
3.4 Gender of Searching Officer/Agent
9 7.5 Medications 27
3.5 Medical Emergencies
10 7.6 Identification Documents 27
3.6 Pat-Down Search
3.7 Strip Search 10 8.0 DEFINITIONS 28
3.8 Body Cavity Search 11
3.9 Medical X-Rays 11
3.10 Monitored Bowel Movement (MBM)
Search 12
3.11 Medical Treatment and Authority at a
Medical Facility. 13
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FOREWORD FROM THE COMMISSIONER

I am announcing the implementation of an agency-wide policy that sets forth the first nationwide standards
which govern CBP's interaction with detained individuals. This policy continues our commitment to the safety,
security and care of those in our custody. The policy, titled U.S. Customs and Border Protection (CBP) National
Standards on Transport, Escort, Detention, and Search (TEDS), is the result of collaborative work among various
offices.
The new policy document is grounded firmly in the experience and policies of the Office of Field Operations and
the United States Border Patrol. It incorporates best practices developed in the field, and it reflects key legal
and regulatory requirements. In addition to transport, escort, detention and search provisions, TEDS also
includes requirements related to: sexual abuse and assault prevention and response; care of at-risk individuals
in custody; and personal property.
I commend the many offices across CBP and DHS who worked together to produce this important policy
document.

•
Aifiic<144/40k.R. Gil Kerlikowske
Commissioner
U.S. Customs and Border Protection

AUTHORITIES / REFERENCES
Authorities/References (including, but not limited to, the following): 19 United States Code (USC) §§ 482,
1461, 1581, 1582, 1589a; Title 8 Code of Federal Regulations (CFR) Parts 232, 235, 236, and 287; 6 CFR Part
115; 79 FR 13100 (Standards To Prevent, Detect, and Respond to Sexual Abuse and Assault in Confinement
Facilities); The Immigration and Nationality Act (INA); Personal Search Handbook, CIS HB 3300-04B revised July
2004; Use of Force Policy, Guidelines and Procedures Handbook, HB 4500-01C, revised May 2014; Motor
Vehicle Management Handbook, HB 5200-148, revised June 2014; Occupational Safety and Health Handbook,
HB 5200-08B, revised September 2012; Secure Detention, Transport and Escort Procedures at Ports of Entry,
3340-0308, August 8, 2008; The Law of Arrest, Search, and Seizure Manual, M-69; Enforcement Standards —
Body Searches, May 28, 1997; Hold Rooms and Short Term Custody, OBP 50/10.2-P; CBP Policy on
Nondiscrimination in Law Enforcement Activities and all other Administered Programs, February 6, 2014; CBP
Zero-Tolerance Policy, March 11, 2015.

Transport, Escort, Detention, and Search 3

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1.0 GENERAL STANDARDS

1.1 SAFETY DURING CBP OPERATIONS 1.7 REASONABLE ACCOMMODATIONS AND
The safety of CBP employees, detainees, and the LANGUAGE ACCESS
public is paramount during all aspects of CBP Reasonable accommodations must be made for a
operations. detainee's known or reported mental, physical and/
or other special needs consistent with safety, and
1.2 INTEGRITY AND PROFESSIONALISM security requirements. All instructions and relevant
CBP employees must speak and act with the utmost information must be communicated to the detainee
integrity and professionalism. CBP employees must in a language or manner the detainee can
conduct themselves in a manner that reflects comprehend.
positively on CBP at all times.
1.8 DURATION OF DETENTION
1.3 ZERO TOLERANCE POLICY RELATED TO Every effort must be made to promptly transfer,
SEXUAL ABUSE transport, process, release, or repatriate detainees as
appropriate according to each operational office's
CBP has a zero tolerance policy prohibiting all forms
policies and procedures, and as operationally
of sexual abuse of individuals in CBP custody,
feasible.
including in detention facilities, during transport, and
during processing. 1.9 FAMILY UNITY
1.4 NON-DISCRIMINATION POLICY CBP will maintain family unity to the greatest extent
operationally feasible, absent a legal requirement or
CBP employees must treat all individuals with dignity
an articulable safety or security concern that requires
and respect. CBP employees will perform their duties
separation.
in a non-discriminatory manner, with respect to all
forms of protected status under federal law,
regulation, Executive Order, or policy, with full
respect for individual rights including equal
protection under the law, due process, freedom of
speech, and religion, freedom from excessive force,
and freedom from unreasonable searches and
seizures.

1.5 RELIGIOUS SENSITIVITY

Without compromising officer/agent safety, officers/
agents should remain cognizant of an individual's
religious beliefs while accomplishing an enforcement
action in a dignified and respectful manner.

1.6 TREATMENT OF JUVENILES

Officers/Agents will consider the best interest of the
juvenile at all decision points beginning at the first
encounter and continuing through processing,
detention, transfer, or repatriation. Officers/Agents
should recognize that juveniles experience situations
differently than adults (see Section 5.0).

Transport, Escort, Detention, and Search 4

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2.0 TRANSPORT AND ESCORT STANDARDS

For transport and escort standards related to at-risk Assessment: Prior to transport or escort, officers/
detainees, see Section 5.4. The at-risk determination agents must conduct a detainee transport
process can be found in Section 4.2. assessment to evaluate each detainee's safety,
known or reported medical or mental health issues
2.1VEHICLE STANDARDS and level of risk to themselves, other detainees, and
Safety and Compliance: CBP vehicles used for staff based on the information available at the time
transporting detainees must be properly equipped, of the assessment. Officers/Agents assigned
maintained and operated. Additionally, these transport or escort duties must be informed of any
vehicles must comply with safety inspection known adverse assessment pertaining to a detainee
requirements in accordance with applicable federal being transported or escorted.
and state law. At-Risk Indicator: If a transport assessment
Vehicle Interiors: CBP vehicle interiors must be kept indicates that a detainee could be an at-risk detainee
as clean as operationally feasible. (see Section 4.2), officers/agents must exercise
Search for Weapons, Dangerous Items and particular care during transport and escort.
Contraband: All CBP vehicles, including the
2.5 TRANSPORTING AND ESCORTING
confinement space and the immediate area
surrounding the confinement space, must be OFFICER/AGENT RESPONSIBILITIES
searched prior to and following each transport to Compliance: Officers/Agents must comply with all
ensure that no weapons, dangerous items (including operational office's policies and procedures
items that could be used for suicide), or contraband pertaining to the use of government vehicles as
are present. articulated in the most recent Motor Vehicle
Management Handbook, and must operate vehicles
2.2 USE OF RESTRAINTS in accordance with all appropriate traffic laws and
General: The use of restraints on detainees during regulations.
transport must be in a manner that is safe, secure, Pat-down Search: No detainee will be transported
humane, and professional. It is the responsibility of or escorted without the officer/agent conducting a
officers/agents to ensure that the need and level of pat-down search of the detainee, except when
restraints used is consistent with the operational exigent circumstances pose a safety hazard or
office's policies and procedures. At no time will danger to the officer/agent, detainee, or public.
restraints be used in a punitive manner or in a
manner that causes detainees undue pain. Vehicle Security: Officers/Agents must secure the
vehicle before leaving it unattended. This includes
Testing Restraints: Officers/Agents must regularly removing the keys from the ignition.
test handcuffs, leg restraints, belly chains, or other
restraining devices to ensure that they are Unattended Detainees: Officers/Agents must not
functioning properly. leave detainees unattended in a vehicle.
Vehicle Inspection: At the beginning and end of
2.3 TRANSPORT COMMUNICATION each shift, a physical inspection of the vehicle's
Officers/Agents transporting detainees must follow confinement area is required.
established communication procedures especially as
Authorized Attire: Officers/Agents must follow the
they relate to juveniles, females, and other at-risk
operational office's policies and procedures related
populations.
to attire. Badges and nameplates should be worn on
the outermost uniform garment and be visible to the
public when practicable.
2.4 TRANSPORT AND ESCORT ASSESSMENT
Medical Issues: Officers/Agents must be alert to

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2.0 TRANSPORT AND ESCORT STANDARDS

medical symptoms such as coughing, fever, diarrhea, any detainee. When exigent circumstances pose a
rashes or emaciation, in addition to obvious wounds, safety hazard or danger to an officer/agent,
injuries, cuts, bruising or bleeding, heat related detainee, or member of the public that require a
injury or illness, and dehydration. Any observed or delay in searching personal property, a search must
reported injury or illness must be reported, and be conducted as soon as practicable.
appropriate medical care must be provided or
Seatbelts: All CBP employees in all seats of any
sought in a timely manner.
motor vehicle used on official business must have
Detainee Distress: In addition to verbal their seatbelt properly fastened at all times when
communication, officers/agents must be alert to the vehicle is in motion. This includes CBP-owned
non-verbal cues exhibited by detainees that might and leased vehicles and rental vehicles operated by
indicate that the detainee is in mental or physical CBP employees while in temporary duty or travel
distress. This might include expressions of suicidal status. Detainees should always be in seatbelts if
thoughts, hallucinations, or other signs of available in the vehicle.
disorientation. Safety and Security: Officers/Agents must maintain
2.6 GROUND TRANSPORTATION AND a clear view of immediate confinement areas to the
extent permitted by the transport vehicle, and
ESCORT STANDARDS remain alert to behavior that could jeopardize the
Transport Determination: In determining the safety and security of the officers/agents, detainees,
number of officers/agents and vehicles that are and the public. In the event a transport vehicle
required for a particular transport, the transport contains more than one officer/agent, the secondary
assessment, duration of travel, destination, and officer/agent is responsible for detainee oversight
other appropriate factors must be considered. during transport.
Unsecured Vehicles: Using an unsecured vehicle to Meals: Meals and snacks will be made available
transport detainees should be avoided; however, during any transfer that exceeds six hours for
operational circumstances may require officers/ juveniles and eight hours for adults.
agents to use an unsecured vehicle to transport a Temperature: Officers/Agents should maintain
detainee. vehicle temperature within a reasonable and
Gender of Transporting/Escorting Officer/Agent: comfortable range for both detainees and officers/
Whenever operationally feasible, transport/escort agents. Under no circumstances will officers/agents
must be conducted by two officers/agents with at use temperature controls in a punitive manner.
least one being of the same gender or gender
2.7 COMMERCIAL AIR TRANSPORTATION
identity as the detainee(s).
Prior to transporting detainees, officers/agents must
Criminals: Whenever operationally feasible,
conduct an air transportation assessment. The
detainees who are in CBP custody for a non-
evaluation must include the detainees' potential risk
immigration criminal offense, or who are known to
for flight or escape, behavior, medical condition, and
have a violent criminal history, must be separated
if a request for accompanying medical personnel
from other detainees when being transported.
should be made, based on the information available
Exceptions may be made on a case-by-case basis
at the time of the assessment.
based on family unity.
Personal Property Access: No baggage, luggage, 2.8 MEDICAL PRECAUTIONS
parcel, or personal property shall be accessible to If officers/agents suspect that a detainee has an
detainees during transport unless the items have observed or reported medical condition, such as a
been thoroughly searched by officers/agents and contagious disease, appropriate protective
determined to present no risk to officers/agents or precautions must be taken and any required

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SC1dVGNV1S I2IODS3 GM' 12:10dSNVd107

notifications made according to the operational the safety of everyone in the vehicle.
office's policies and procedures.
Escape: In the event of an escape, pursuit of the
In cases where a detainee expresses, either verbally escapee by officers/agents should only be conducted
or symptomatically, a desire to harm themselves, when it does not jeopardize the security of the
officers/agents should maintain a line of sight with remaining detainees or members of the public.
the individual at all times. Officers/Agents must notify appropriate law
enforcement agencies with a description of the
2.9 EMERGENCY SITUATIONS DURING subject and known biographic data and make
TRANSPORT appropriate notifications.
Operational offices will establish a written policy to Fire: In case of a vehicle fire, officers/agents must
address emergency situations. This policy must immediately stop the vehicle and evacuate the
direct local offices, ports or stations to establish detainees in a safe and orderly fashion. Officers/
written procedures for transporting staff to follow in Agents are responsible for maintaining
an en-route emergency and proper documentation accountability of all detainees and requesting
procedures after such an emergency. assistance from the local fire department and law
enforcement agency.
It is understood that based on the totality of the
circumstances, different officers/agents may have Natural Disasters: In the event of a natural disaster,
different responses to the same situation, any of officers/agents must contact the appropriate
which may be both reasonable and necessary. authorities to assess current conditions along the
Actions taken during an emergency situation must planned route. If driving conditions are unlikely to
reflect the totality of the circumstances surrounding improve, transport must be delayed until the
the situation, including the presence of imminent emergency has passed. If officers/agents are in
danger to the officers/agents or others. transit and a natural disaster occurs, officers/agents
must stop the vehicle in a safe area, take appropriate
At a minimum these policies and procedures must
actions for the safety and security of all employees
include the following situations and actions:
and detainees, make appropriate notifications, and
Imminent Loss of Life: If an emergency situation is await further instructions. Should it become
life-threatening, officers/agents will take immediate necessary to exit the vehicle, the detainees must be
action to address the situation and make appropriate maintained in a safe area. Officers/Agents must
notifications. maintain a heightened state of alertness for the
duration of the emergency. When the emergency
Unconscious or Unresponsive Detainee: If a
has passed, the officers/agents must return all
detainee becomes unconscious or unresponsive
detainees to the vehicle while ensuring
during transport, officers/agents will immediately
accountability of all detainees.
request emergency medical services, and render aid.
If a detainee is pronounced dead by qualified Traffic Accident: In the event of a traffic accident
medical personnel, officers/agents must make involving the transport vehicle, officers/agents must
appropriate notifications. secure the area, obtain medical assistance for
anyone who may be injured, and request assistance
Illness or Injury: If a detainee becomes ill or injured
from the appropriate law enforcement agency.
prior to boarding the vehicle or while in transit,
Officers/Agents must make appropriate notifications.
officers/agents must alert the receiving office. If
deemed appropriate, emergency medical services Vehicle Failure: If a vehicle develops serious
must be notified. mechanical problems en route, officers/agents will
External Threat: Officers/Agents should request take appropriate actions for the safety and security
immediate assistance and take appropriate action to of all detainees and make appropriate notifications.
mitigate the situation. If the vehicle is incapacitated,
officers/agents will do everything possible to protect

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Disturbances by Detainees: If a detainee becomes
violent or creates a disturbance that affects their or
another individual's safety and security, officers/
agents will take appropriate action to de-escalate
the situation, and make appropriate notifications.

2.10 TRANSFER OF DETAINEE DOCUMENTS

AND MEDICATION
When transferring a detainee, officers/agents must
ensure that all appropriate documentation
accompanies the detainee including all appropriate
medical records and medication as required by the
operational office's policies and procedures.

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3.0 SEARCHES OF INDIVIDUALS

For search standards related to at-risk detainees, see the operational office's policies and procedures. At
Section 5.5. The at-risk determination process can no time will restraints be used in a punitive manner
be found in Section 4.2. or in a manner that causes detainees undue pain.

3.1 REQUIREMENTS Testing Restraints: Officers/Agents must regularly

test handcuffs, leg restraints, belly chains, or other
Legal Authority and Standards: All searches must be restraining devices to ensure that they are
conducted under the appropriate legal authority and functioning properly.
standards. Officers/Agents must be diligent in their
efforts to protect a detainee's legal rights and treat 3.3 COMMUNICATION
detainees with respect, dignity, and an appropriate
All search instructions must be communicated to the
level of privacy.
detainee in a language or manner the detainee can
Decision to Search: Officers/Agents must consider comprehend. For safety reasons, an explanation of
the totality of the circumstances and articulable an immediate pat-down for weapons or dangerous
factors when making a decision to search. objects may be conducted after the search. Officers/
Agents will explain the search process, in general
Privacy: Recognizing the potential intrusiveness of
terms, as the search progresses.
these searches on an individual's sense of privacy,
searches must be conducted only with the proper 3.4 GENDER OF SEARCHING OFFICER/
legal authority and justification, with due recognition
and deference for the human dignity of those being AGENT
searched, and in accordance with the operational Whenever operationally feasible, officers/agents
office's policies and procedures. conducting a search or that are present at a medical
Conduct of Search: Searches must be conducted in a examination, must be of the same gender, gender
professional, thorough, and reasonable manner, identity, or declared gender as the detainee being
consistent with the type of search required. In no searched.
case should any complaint, threat of complaint, or Cross-gender strip searches or cross-gender visual
physical resistance result in a detainee not being body cavity searches must not be conducted except
searched, or being searched less thoroughly than is in exigent circumstances including consideration of
warranted by the circumstances. officer safety, or when performed by medical
practitioners. When officers/agents of the opposite
Documentation: Each operational office determines
search documentation requirements. However, all gender perform a strip search or are present at a
strip searches, X-ray searches, body cavity searches, medical examination such as a body cavity search,
MBM, or X-ray, it is mandatory that two officers/
and monitored bowel movements (MBM) must be
recorded in the appropriate electronic system(s) of agents be present.
record. The report must contain the reason for the 3.5 MEDICAL EMERGENCIES
search, results of the search, a description of any
contraband recovered, who conducted the search, Officers/Agents have a responsibility to safeguard
and who authorized the search. detainees during a search. If there is any observed
or reported indication that the detainee is injured or
3.2 USE OF RESTRAINTS in any way may require medical treatment,
General: The use of restraints on detainees during appropriate medical care must be provided or
the search process must be in a manner that is safe, sought in a timely manner.
secure, humane, and professional. It is the
responsibility of officers/agents to ensure that the
need and level of restraints used is consistent with

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3.6 PAT-DOWN SEARCH agents present must be limited to the minimum
number needed to conduct and witness the search.
Immediate Pat-down/Terry Frisk: An immediate pat
-down or Terry frisk is an external search necessary Strip Search Conduct: Generally during a strip
to ensure officer safety. The scope of an immediate search, the detainee being searched should remove
pat-down must be limited to those areas on a their own clothing unless they refuse to cooperate.
detainee where an officer/agent suspects a weapon Officers/Agents should not touch the detainee
or dangerous object may be concealed. There may during a strip search unless the detainee refuses to
be cases where it is necessary to search the entire remove any article of clothing or otherwise impedes
detainee to ensure a weapon and/or dangerous the officer/agent in the performance of their duties.
object is not present. This may include the removal In those rare instances where an officer/agent is
of a detainee's shoes to ensure there is no weapon required to touch a detainee or remove clothing, the
present, but not the removal for the purpose of circumstances must be documented.
checking for merchandise (including contraband). Communication: Officers/Agents must ensure that
Search Incident to Arrest: An external search the explanation of the search process is in a
incident to a lawful arrest includes a search for both language or manner the detainee comprehends.
dangerous weapons and evidence. The facts and Search of Clothing: Each article of clothing that is
circumstances surrounding an arrest will dictate the removed must be thoroughly searched by the
degree of intrusiveness necessary to properly officer/agent.
conduct the search.
Search ofProsthetic Devices: Removal of prosthetic
Non-search Related Examinations: For the purposes devices such as an artificial limb is considered to be
of this policy, examinations of detainees conducted part of a strip search. If there is reasonable
by officers/agents for the documentation of illness, suspicion that contraband may be concealed within
injury, tattoos, or other identifying markings do not the device, the detainee being searched should
constitute a search. This includes examinations that remove the device if they can do so without medical
involve the manipulation of or removal of a assistance. If they cannot, or refuse to do so, the
detainee's clothes or garments except to the extent officer/agent must seek the assistance of medical
that such manipulation reveals breasts, buttocks, or personnel.
genitalia.
Search of Casts: Removal of a cast is considered to
3.7 STRIP SEARCH be part of a strip search. If there is reasonable
suspicion that contraband may be concealed within a
General: A strip search requires a person to remove
cast, officers/agents must take the detainee to a
or arrange some or all clothing to permit a visual
medical facility to have the cast X-rayed and/or
inspection of the person's breasts, buttocks, or
removed. Under no circumstances will a cast be
genitalia related to searches for contraband.
probed or removed by an officer/agent while it is
Supervisory Approval: Officers/Agents must obtain attached to a detainee's body.
supervisory approval authorized by the operational
Search of Splints: Splints that are not able to be
office's policies and procedures before conducting a
removed by the detainee should be removed by a
strip search. (Telephonic approval is permitted).
medical practitioner such as a credentialed EMT. If
Strip Search Documentation: All strip searches, the there is any concern for the safety of the detainee,
reason for the search, and the authorizing supervisor this should be done at a medical facility.
must be documented in the appropriate electronic
Objects in the Rectal Cavity: Officers/Agents should
system(s) of record.
not ask a detainee to remove an object from the
Privacy: All strip searches must be conducted in a rectal cavity or attempt to remove it themselves. If
manner and location that provides the greatest there is reasonable suspicion that the detainee is
degree of privacy possible. The number of officers/ carrying contraband in the rectal cavity, officers/

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S1VIICIIAIG N I JO S3HDIV3S O'E

agents must consult and receive approval from a facility where the search was performed must also
supervisor, and immediately proceed to a medical be documented in the appropriate electronic system
facility for a body cavity search conducted by a (s) of record.
medical practitioner. Further action must be
Communication: Officers/Agents must ensure that
consistent with the operational office's policies and
the explanation of the search process is in a
procedures.
language or manner the detainee comprehends.
Objects in the Vaginal Cavity: If an object in the
Use of Restroom: When a detainee who is
vaginal cavity is detected and it is reasonably
suspected of internally carrying contraband requests
suspected that the object may contain contraband,
to use the restroom prior to being taken to a medical
officers/agents must stop the search and consult a
facility, the detainee will be escorted to a restroom
supervisor. If the supervisor concurs that reasonable
without flushable toilet facilities.
suspicion exists, the supervisor may authorize the
officer/agent to ask the detainee to voluntarily Prohibition on Observation: Only medical
remove the object. If the detainee refuses to practitioners may observe a physically intrusive body
voluntarily remove the object, officers/agents must cavity search. Officers/Agents may be in the room
consult and receive approval from a supervisor, and only for the purposes of corroborating any evidence
immediately proceed to a medical facility for a body found and to provide safety and security. Officers/
cavity search conducted by a medical practitioner. Agents are prohibited from serving as a medical
Further action must be consistent with the witness (standby).
operational office's policies and procedures. Negative Results Determination: When a medical
practitioner has determined that foreign objects are
3.8 BODY CAVITY SEARCH not present via a body cavity search and that no
General: A body cavity search is any internal search further medical treatment is required, the detainee
consisting of the visual or physical intrusion into the must be immediately transported back to the CBP
rectal or vaginal cavity. facility, unless the CBP supervisor determines that
additional actions should be taken.
Medical Practitioner and Medical Facility
Requirement: Officers/Agents are prohibited from Inconclusive Results Determination: If a medical
conducting physically intrusive body cavity searches. practitioner deems the body cavity search
This type of body cavity search should be conducted inconclusive, a decision must be made by the CBP
only under the most exceptional circumstances, and supervisor after obtaining legal advice from CBP
only by medical practitioners at a medical facility. counsel to determine the next appropriate steps.
Supervisory Approvalfor Body Cavity Searches: Positive Results Determination: If a medical
Body cavity searches will be conducted only after practitioner believes that the body cavity search
being approved by a supervisor authorized by the indicates the presence of foreign objects, a CBP
operational office's policies and procedures and after supervisor must be notified to approve the detention
obtaining consent or a search warrant. If a qualified of the detainee for further medical treatment,
medical practitioner determines that immediate consistent with the operational office's policies and
action must be taken to protect the health of the procedures.
detainee, such action is authorized. (Telephonic
approval is permitted). 3.9 MEDICAL X-RAYS
Documentation of a Body Cavity Search: All body General: An X-ray search is an internal search
cavity searches, the reason for the search, the consisting of the use of a medical X-ray by medical
authorizing supervisor, and the outcome must be practitioners to determine the presence of
documented in the appropriate electronic system(s) contraband within the body.
of record. In the case of more physically intrusive Supervisory Approval: An X-ray search will be
body cavity searches, the name of the medical conducted only after being approved by a supervisor

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SiVIIGIAICINI JO S3HMV1S O'E

authorized by the operational office's policies and revocation of consent and notify their supervisor.
procedures and after obtaining consent or a search Revocation of consent must be documented in the
warrant. If a qualified medical practitioner appropriate electronic system(s) of records.
determines that immediate action must be taken to
Negative Results Determination: When a medical
protect the health of the detainee, such action is
practitioner has determined that foreign objects are
authorized. (Telephonic approval is permitted).
not present in the body and that no further medical
Documentation of an X-Ray Search: All x-ray treatment is required, the detainee must be
searches, the reason for the search, the authorizing immediately transported back to the CBP facility,
supervisor, the name of the medical facility, and the unless the CBP supervisor determines that additional
outcome must be documented in the appropriate actions should be taken.
electronic system(s) of record. Inconclusive Results Determination: If a medical
Medical Practitioner and Medical Facility practitioner deems the X-ray inconclusive, a decision
Requirement: Medical practitioners will conduct the must be made by the CBP supervisor after obtaining
X-ray search at a medical facility. Officers/Agents are legal advice from CBP counsel to determine the next
prohibited from conducting X-ray examinations or appropriate steps.
utilizing any CBP equipment to conduct an X-ray Positive Results Determination: If a medical
examination. Only qualified medical practitioners practitioner believes that the X-ray indicates the
may read and interpret the X-ray. presence of foreign objects, a CBP supervisor must
Communication: Officers/Agents must ensure that be notified to approve the detention of the detainee
an overview of the X-ray process, including a request for further medical treatment, consistent with the
for consent, is in a language or manner the detainee operational office's policies and procedures.
comprehends.
3.10 MONITORED BOWEL MOVEMENT
Consent: Consent to search must be freely and
(MBM) SEARCH
voluntarily given as it relates to X-rays before the X-
ray is administered. Involuntary X-ray searches General: An MBM search is an internal search
require a court order. Involuntary X-ray searches will consisting of detaining a suspect, under close
be conducted only under the most extraordinary observation, to permit time for a swallowed object
circumstances, and never on detainees who are to be expelled by the body through natural means.
pregnant or a detainee who refuses to have a The MBM involves both an extended period of
pregnancy test after having been determined by detention coupled with close observation of the
medical personnel to require a pregnancy test. detainee and inspection of all fecal material, and
may be necessary where the detainee refuses to
Pregnancy Test: When a detainee is taken to a
submit to an examination to confirm the existence of
medical facility for an X-ray search, medical
swallowed contraband or where such examination is
personnel will determine if a pregnancy test is
not considered medically appropriate. Prior to the
required prior to an X-ray. If medical personnel
detainee being transported to a medical facility, he
determine a pregnancy test is necessary and the
or she may be placed in a CBP hold room or other
detainee refuses the pregnancy test, a decision to
designated area without flushable toilet facilities.
determine the next appropriate steps must be made
by a CBP supervisor after obtaining legal advice from Medical Supervision and Medical Facility
CBP counsel. Requirement: Because of the danger that internally
swallowed or stuffed drug containers may rupture,
Revocation of Consent: A detainee may revoke
the detainee must be taken to a medical facility as
consent for an X-ray search at any time, even at the
soon as possible and placed under medical
medical facility. The revocation may be verbal or by
supervision (with appropriate security) to minimize
actions. If the detainee revokes consent, officers/
possible injury. Officers/Agents are prohibited from
agents must immediately inform the medical
conducting MBM. MBM must not be conducted at
practitioner to stop the X-ray search based on the
CBP facilities.
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sivna IAICINI JO S1H3V1S 0*£

Supervisory Approval: Officers/Agents must obtain
supervisory approval authorized by the operational
office's policies and procedures before a detainee
undergoes an MBM. (Telephonic approval is
permitted).
Documentation of an MBM Search: All MBM
searches, the reason for the search, the authorizing
supervisor, the name of the medical facility, and the
outcome must be documented in the appropriate
electronic system(s) of record.
Communication: Officers/Agents must ensure that
an overview of the MBM process is in a language or
manner the detainee comprehends.

3.11 MEDICAL TREATMENT AND

AUTHORITY AT A MEDICAL FACILITY
Medical Decision Making: Once a detainee is at a
medical facility, medical practitioners make all
medical decisions which may include medical release
or fitness for travel. Officers/Agents have no
authority over the detainee's medical treatment, but
remain responsible for enforcement decisions
regarding the detainee.
Officer/Agent Medical Prohibition: Except for
assistance with lifesaving emergency medical care
which they feel comfortable rendering and are
trained to render, officers/agents will not administer
medical techniques or medications, unless they are
qualified emergency medical technicians or
paramedics rendering care.
Medical Treatment Protocols: While medical
treatment is based on the local standard of care and
at the discretion of the medical practitioner,
recommended medical treatment protocols from the
DHS Chief Medical Officer are available.

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4.0 SECURE DETENTION STANDARDS

For detention standards related to at-risk detainees, Privacy: Efforts should be taken to ensure that all
see Section 5.6. The at-risk determination process assessments are conducted in a way that provides
can be found in Section 4.2. detainees the greatest level of privacy possible. All
CBP facilities must implement appropriate controls
4.1 DURATION OF DETENTION on the dissemination of private and/or sensitive
Detainees should generally not be held for longer information provided by detainees under this
than 72 hours in CBP hold rooms or holding facilities. section. Officers/Agents will disclose this
Every effort must be made to hold detainees for the information only to those personnel with a need to
least amount of time required for their processing, know according to the operational office's policies
transfer, release, or repatriation as appropriate and and procedures. If the information obtained under
as operationally feasible. this section is maintained in a Privacy Act compliant
system of records, the information may be disclosed
4.2 AT-RISK DETAINEE DETERMINATION pursuant to the routine uses identified in the
PROCESS applicable System of Records Notice.

Before placing any detainees together in a hold room 4.3 GENERAL DETENTION PROCEDURES
or holding facility, officers/agents shall assess the
Medical Issues: Upon a detainee's entry into any
information before them to determine if the
CBP hold room, officers/agents must ask detainees
detainee may be considered an at-risk detainee, or
about, and visually inspect for any sign of injury,
at risk of posing a threat to others. This assessment
illness, or physical or mental health concerns and
will include:
question the detainee about any prescription
Whether the detainee has or demonstrates a
medications. Observed or reported injuries or
mental, physical, or developmental disability;
illnesses should be communicated to a supervisor,
Whether the detainee has an observed or
documented in the appropriate electronic system(s)
reported serious physical/mental injury or
of record, and appropriate medical care should be
illness;
provided or sought in a timely manner.
The age of the detainee;
Whether the detainee is pregnant or nursing; Medical Precautions: If officers/agents suspect that
The physical build and appearance of the a detainee has an observed or reported medical
detainee; condition, such as a contagious disease, appropriate
The detainee's own stated concerns about his or protective precautions must be taken and any
her physical safety; required notifications made according to the
Whether the detainee has self-identified as gay, operational office's policies and procedures.
lesbian, bisexual, transgender, intersex, or Search: Detainees must be searched for weapons
gender nonconforming; and contraband prior to being placed in a CBP hold
Whether the detainee has self-identified as room.
having previously experienced sexual
victimization; Gender of Searching Officer/Agent: Whenever
The detainee's risk of being sexually abused by operationally feasible, officers/agents conducting a
other detainees; search or that are present at a medical examination
Whether a detainee may be sexually abusive must be of the same gender, gender identity, or
toward other detainees; and declared gender as the detainee being searched.
Whether the detainee has previously been Cross-gender strip searches or cross-gender visual
incarcerated or detained (this should include body cavity searches must not be conducted except
the nature of the detainee's criminal or violent in exigent circumstances including consideration of
history, and/or gang affiliation, and whether the officer/agent safety, or when performed by medical
detainee has any convictions for sex offenses practitioners.
against an adult or child). Transport, Escort, Detention, and Search 14
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SaVCINVIS NOI1N11.3C1 3):111D1S (It

Safety and Security Reporting: During shift change 4.5 ELECTRONIC SYSTEM(S) OF RECORD
officers/agents must convey all known information
All custodial actions, notifications, and transports
of vulnerabilities, escape risks, criminal background
that occur after the detainee has been received into
or involvement, and/or violence to oncoming
a CBP facility must be accurately recorded in the
officers/agents.
appropriate electronic system(s) of record as soon as
Gender Segregation: Male and female adult practicable. The electronic system(s) of record must
detainees will be segregated at all times when in contain the information listed below:
hold rooms. Particular care should be afforded to at- Name of the person detained
risk populations, including transgender and intersex Country of birth (COB)
detainees. Exceptions may be made on a case by Date of birth (DOB)
case basis, based on family unity. Date and time placed into a hold room or
Juvenile/Adult Segregation: Detainees under the unattended secure area
age of 18 years will not be held with adult detainees, Date and time removed from a hold room or
unless the adult is an immediate relative or legal unattended secure area
guardian responsible for the care and custody of the Reason detained
juvenile, and no other adult detainees are present in Officer's/Agent's name
the area. Exceptions may be made on a case-by-case Supervisor's name
basis, based on family unity. Final disposition

Family Units: Generally, family units with juveniles Whenever possible, the electronic system(s) of
should not be separated. When it is necessary to record should also include any of the following that
separate juveniles from the parent(s) and/or legal apply:
guardian(s), officers/agents must follow their Personal belongings secured, receipted, and/or
operational office's policies and procedures and returned
Screened for trafficking (yes/no)
appropriate legal requirements. In circumstances
Telephone use
where family units must be separated due to
Language services provided and language spoken
different immigration dispositions, such separation
if other than English or Spanish (including
much be documented in the appropriate electronic
services provided to the hearing impaired)
system(s) of record.
Medical care requested/provided/declined
Evacuation Plan: Every CBP facility will have an Detainee's receipt of list of legal services
evacuation plan that is posted in the processing area. providers
The supervisor is responsible for ensuring that all Bedding provided/declined
staff members are familiar with evacuation Meals provided/meals refused
procedures. Visual and/or verbal checks completed
Showers, if provided
4.4 RESTRAINTS PROCEDURES Transporting agency, personnel identification, and
General: The use of restraints on detainees during mode of transportation
detention must be in a manner that is safe, secure, Date/time departing the facility
humane, and professional. It is the responsibility of
In the event that the appropriate electronic system is
officers/agents to ensure that the need and level of
inoperable, paper logs must be used until the
restraints used is consistent with the operational
electronic system is operational. Any information
office's policies and procedures. Detainees who are
recorded on paper logs must be entered into the
restrained must be monitored at all times. At no
time will restraints be used in a punitive manner or appropriate electronic system(s) of record once the
in a manner that causes detainees undue pain. system is available.
Testing Restraints: Officers/Agents must regularly
test handcuffs, leg restraints, belly chains, or other
restraining devices to ensure that they are
functioning properly. Transport, Escort, Detention, and Search 15
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4.6 HOLD ROOM MONITORING procedures. Capacity may only be exceeded with
supervisory approval. However, under no
Supervision and Inspections: Officers/Agents must
circumstances should the maximum occupancy rate,
closely supervise hold rooms when in use.
as set by the fire marshal, be exceeded.
Monitoring must occur in a regular and frequent
manner. In hold rooms with visual limitations, a Hold Room Checks: Regular hold room checks
physical check is required. Direct supervision and should be conducted and recorded to ensure proper
control of detainees must be maintained at all occupancy levels, safety, hygiene, and the availability
facilities that do not have secure areas. of drinking water. Such checks should be recorded in
the appropriate electronic systems of record as soon
Non-24 Hour Holding Facilities: Prior to the closing
as practicable.
of any hold room facility that does not operate on a
24 hour basis, a physical inspection of the hold room Weapons and Tampering: Hold rooms will be
is required. regularly inspected for evidence of tampering and
must be cleared of all items that could be used to
Checks: Officers/Agents will physically check hold
facilitate an escape, or as a weapon to do bodily
rooms on a regular and frequent manner, according
harm to the detainee or others.
to each operational office's policies and procedures.
Physical inspections must be recorded in the Cleanliness: All facilities or hold rooms used to hold
appropriate electronic system(s) of record as soon as detainees must be regularly and professionally
practicable. cleaned and sanitized. Officers/Agents or detainees
will not be expected nor required to perform such
Privacy: Officers/ Agents will enable detainees to
tasks.
shower (where showers are available), perform
bodily functions, and change clothing without being Use of Tobacco Products: Use of tobacco products
viewed by staff of the opposite gender, except in by detainees is strictly prohibited in hold rooms.
exigent circumstances or when such viewing is Temperature Controls: When it is within CBP
incidental to routine cell checks or is otherwise control, officers/agents should maintain hold room
appropriate in connection with a medical temperature within a reasonable and comfortable
examination or MBM under medical supervision. range for both detainees and officers/agents. Under
Officer/Agent Hold Room Entry: Officers/Agents of no circumstances will officers/agents use
the opposite gender will announce their presence temperature controls in a punitive manner.
when entering an area where detainees are likely to
4.8 CONSULAR CONTACT AND LIST OF
be showering, performing bodily functions, or
changing clothing, except in exigent circumstances or LEGAL SERVICE PROVIDERS
when such viewing is incidental to routine cell As appropriate, detainees must be advised of their
checks. right to consular access in a language or manner the
Use of Restrooms: If restrooms are not available in detainee comprehends. If requested by a detainee,
the secure area, supervisors must ensure that an consular contact will be afforded as soon as
officer/agent is within visible or audible range of the operationally feasible. Detainees referred for
secure area to allow detainees to access restrooms removal proceedings shall be provided with a list of
upon request. legal service providers and their contact information.
Voyeurism: Officers/Agents must not engage in any 4.9 TELEPHONES
act of voyeurism.
Officers/Agents must grant detainees telephone
4.7 HOLD ROOM STANDARDS access per the operational office's policies and
procedures and may, at their discretion, grant
Capacity: Every effort must be made to ensure that
telephone access to any detainee even if not
hold rooms house no more detainees than
required. Detainees who wish to make other than a
prescribed by the operational office's policies and

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local call must use a calling card or call collect. nature of the medication. If such an exception is
Unaccompanied Alien Children (UAC) must be made, it must be recorded in the appropriate
offered use of a telephone. electronic system(s) of record.

4.10 MEDICAL Emergency Medical Services Transfer: If a detainee

is transferred by emergency medical services for
Medical Emergencies: Emergency medical services further medical treatment, at least one officer/agent
will be called immediately in the event of a medical shall escort or follow the emergency vehicle and
emergency (e.g., heart attack, difficulty breathing) remain with the detainee until medical authorities
and the call will be documented in the appropriate determine whether the situation will require
electronic system(s) of record. Officers/Agents must hospitalization or continued medical care.
notify the shift supervisor of all medical emergencies
as soon as possible after contacting emergency Hospitalization: If the detainee is hospitalized,
services. officers/agents will follow their operational office's
policies and procedures, and document the
Contagious Disease: If an officer/agent suspects or hospitalization in the appropriate electronic system
a detainee reports that a detainee may have a (s) of record. At a minimum, the discharge summary,
contagious disease, the detainee should be treatment plans, and prescribed medications from
separated whenever operationally feasible, and all any medical evaluation should accompany the
other appropriate precautions must be taken and detainee upon transfer or repatriation.
required notifications made, according to the
Health Information Privacy: A detainee's private
operational office's policies and procedures.
health/medical information must be protected, and
Medication: Except for assistance with lifesaving disseminated only to those personnel with a
emergency medical care which they feel comfortable legitimate need to know, according to the
rendering and are trained to render, officers/agents operational office's policies and procedures.
will not administer medical techniques, medications,
or preparations unless they are qualified emergency 4.11 HYGIENE
medical technicians or paramedics rendering care. Basic Hygiene Items: Detainees must be provided
Medication prescribed in the United States, with basic personal hygiene items, consistent with
validated by a medical professional if not U.S.- short term detention and safety and security needs.
prescribed, or in the detainee's possession during Families with small children will also have access to
general processing in a properly identified container diapers and baby wipes.
with the specific dosage indicated, must be self-
administered under the supervision of an officer/ Showers: Reasonable efforts will be made to
agent. If a detainee is unable to self-administer their provide showers, soap, and a clean towel to
medications due to age or disability, officers/agents detainees who are approaching 72 hours in
may assist the detainee. All detainee refusals of detention.
prescribed medication or medical assistance must be Restrooms: Detainees using the restroom will have
noted in the appropriate electronic system(s) of access to toiletry items, such as toilet paper and
record. sanitary napkins. Whenever operationally feasible,
Non U.S.-Prescribed Medication: Any detainee, not soap may be made available.
in general processing, with non U.S.-prescribed
4.12 BEDDING
medication, should have the medication validated by
a medical professional, or should be taken in a timely Clean bedding must be provided to juveniles. When
manner to a medical practitioner to obtain an available, clean blankets must be provided to adult
equivalent U.S. prescription. Exceptions to this detainees upon request.
requirement may only be made by a supervisor in
collaboration with a medical professional and based
on expected duration of detention and/or elective

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4.13 FOOD AND BEVERAGE potential egress points are utilized in a manner that
reduces escape risk.
General: Food and water should never be used as a
reward, or withheld as punishment. Food provided
must be in edible condition (not frozen, expired or
spoiled).
Meal Timeframe: Adult detainees, whether in a hold
room or not, will be provided with food at regularly
scheduled meal times. All meal service must be
documented in the appropriate electronic system(s)
of record. For juvenile meal timeframes, see Section
5.6.
Snack Timeframe: Adult detainees, whether in a
hold room or not, will be provided with snacks
between regularly scheduled meal times. For
juvenile snack timeframes, see Section 5.6.
Requests: When an adult detainee requests a snack
or food before the next food service, officers/agents
may grant the request on the basis of the
circumstances.
Dietary Restrictions: Officers/Agents should remain
cognizant of a detainee's religious or other dietary
restrictions.

4.14 DRINKING WATER

Functioning drinking fountains or clean drinking
water along with clean drinking cups must always be
available to detainees.

4.15 RESTROOM FACILITIES

Restroom Facilities: Restroom accommodations will
be available to all detainees and a reasonable
amount of privacy will be ensured. If the detainee is
suspected of being an internal carrier, restroom use
may be monitored.
Privacy: Officers/Agents must make a reasonable
effort to afford privacy to all detainees of the
opposite gender consistent with the prohibition on
voyeurism.

4.16 OPEN AREA SECURITY

Additional caution must be exercised to ensure the
safety of the public and staff in open areas. Officers/
Agents working in or transiting this area must
exercise due diligence to safeguard their firearms
and other weapons. Staff must also ensure that all

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5.0 AT-RISK POPULATIONS

The at-risk determination process can be found in Detainee Age: If a detainee presents themselves as
Section 4.2. a juvenile, they will be treated as a juvenile, until
established otherwise. If a detainee presents
5.1 GENERAL themselves as an adult they will be processed as an
At-Risk Populations: Individuals in the custody of adult, unless a preponderance of evidence indicates
CBP who may require additional care or oversight, they are a juvenile, in which case they will be treated
who may include: juveniles; UAC; pregnant as a juvenile.
individuals; those known to be on life-sustaining or Release of At-Risk Detainees: Officers/Agents must
life-saving medical treatment; those at higher risk of not release an at-risk detainee to any person or
sexual abuse (including but not limited to gender entity that officers/agents have reason to believe
nonconforming, intersex, and transgender); reported may harm or neglect the at-risk detainee.
victims of sexual abuse; those who have identified
Personal Property and Legal Papers — Juveniles: All
mental, physical or developmental disabilities; those
personal property (including any U.S.-prescribed
of advanced age; or family units.
medications) and legal papers that are in the
General Standard: CBP staff will treat all at-risk juvenile's possession, or are served upon the juvenile
populations with dignity, respect and special concern during processing, must accompany the juvenile
for their particular vulnerability. upon transfer to any other agency or facility.
Reasonable Accommodations: Reasonable
5.2 UAC SCREENINGS
accommodations must be made for at-risk detainees
with known or reported mental and/or physical In addition to the at-risk determination process in
disabilities, in accordance with security and safety Section 4.2, CBP will ensure that all UAC will be
needs and all applicable laws and regulations. screened for the following:
Credible Fear determination;
Hold Room Supervision: Officers/Agents will
Human trafficking victimization; and
physically check hold rooms on a regular and
Ability to make an independent decision.
frequent manner, according to each operational
office's policies and procedures. Physical inspections A reasonable effort must be made to afford privacy
must be recorded in the appropriate electronic to UAC during screening.
system(s) of record as soon as practicable.
5.3 DOCUMENTATION
Communication: Extra efforts may be required to
ensure an at-risk detainee's ability to comprehend All custodial actions, notifications, and transports
officer/agent instructions, questions and applicable that occur after the at-risk detainee has been
received into a CBP facility must be accurately
forms (such as age and/or developmentally
appropriate communication, translation/ recorded in the appropriate electronic system(s) of
interpretation services). record as soon as practicable. The electronic system
of record must contain the information listed below:
Detainees with Communication Disabilities: Name of the person detained
Officers/Agents should take steps to communicate Country of birth (COB)
with detainees who have communication disabilities Date of birth (DOB)
(e.g., detainees who are hearing impaired, those Date and time placed into unattended secure area
who are blind or have low vision, or those who have Date and time removed from unattended secure
intellectual, psychiatric, or speech disabilities) in an area
effective manner, utilizing available auxiliary aides Reason detained
and services, such as access to in-person, telephonic, Apprehending officer's/agent's name
or video interpretive services. Processing officer's/agent's name
Supervisor's name
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Personal belongings secured, receipted, and/or again upon arrival, according to the operational
returned office's policies and procedures.
Screened for trafficking (yes/no)
Transport of Family Units and Adult Females:
Telephone use, including the identity and/or
Whenever operationally feasible, family units and
relationship of the person contacted
adult females must be separated from unrelated
Language services provided and language spoken
adult males by separate passenger compartments,
if other than English or Spanish
an empty row of seats, or transported separately.
Reasonable medical care requested/provided/
During scheduled transport, family units and adult
declined
females must be separated from unrelated adult
Detainee receipt of list of legal services providers
males by either a separate passenger compartment
Bedding provided/declined
or an empty row of seats.
Meals provided/meals refused
Visual and/or verbal checks completed Transport of UAC: UAC must not be transported in
Showers, if provided vehicles with unrelated adults when separate
Hospitalizations transportation is immediately available. When
Any U.S. medications prescribed separate transportation is unavailable, all necessary
Transporting agency, and mode of transportation precautions must be taken to ensure the UAC's
Date/time departing the station safety, security, and well-being, including separation
Time in and time out of each CBP facility from unrelated adults by either a separate passenger
Required forms provided compartment or an empty row of seats.
Date/time of notice to ICE FOJC (if applicable) Child Safety Restraints: All juveniles must be
Date/time of notice to ORR (if applicable) transported as safely as possible given the
Date/time of response from ICE FOJC (if circumstances, which must include the use of child
applicable) safety restraints when available.
Date/time of response from ORR (if applicable)
Notification of Accompanying Adult: Whenever
Date/time of placement in ORR custody (if
possible, officers/agents must inform or notify any
applicable)
accompanying adult relative or legal guardian when
Final disposition
the transport of a juvenile to a medical facility is
Electronic Systems of Record: Documentation must necessary for an X-ray search, body cavity search, or
be maintained for all detainees placed in CBP hold MBM. Such persons may be allowed to be present
rooms in the appropriate electronic system(s) of at the medical facility at the discretion of the CBP
record. In the event that the electronic system is supervisor, and consistent with the operational
inoperable, paper logs must be used until the office's policies and procedures.
electronic system is operational. Any information
recorded on paper logs must be entered into the 5.5 SEARCH
appropriate electronic system(s) of record once the Gender of Searching Officer/Agent: Whenever
system is available. operationally feasible, officers/agents conducting a
search, or present at a medical examination, must be
5.4 TRANSPORT
of the same gender, gender identity, or declared
Gender of Transporting Officer/Agent: Whenever gender as the detainee being searched.
operationally feasible, the transporting of at-risk
detainees must be conducted by two officers/agents Gender Determination: Officers/Agents must not
with at least one officer/agent of the same gender or search or physically examine a detainee for the sole
gender identity as the detainee. When transporting purpose of determining the detainee's gender-
at-risk detainees of the opposite gender or gender related characteristics. If the detainee's gender is
identity, transportation staff must call in their time unknown, officers/agents will ask the detainee their
of departure and odometer reading, and then do so gender or gender identity. If the detainee declines
to state their gender, the gender will be recorded in

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the appropriate electronic system(s) of record as be taken to protect the health of the detainee, such
unknown. action is authorized. The approval requirement
cannot be further delegated.
Search ofIndividuals—Juvenile: When a search
involves a juvenile, prior supervisory authorization Medical Facility Requirement for X-ray Search:
must be obtained in all cases with the exception of Medical practitioners will conduct the X-ray at a
pat-down searches. Although officers/agents have medical facility. Officers/Agents are prohibited from
the same authority to search a juvenile as to search conducting X-ray examinations, or utilizing any CBP
an adult, officers/agents should weigh all factors equipment to conduct an X-ray examination. Only
before requesting authorization to further search a qualified medical practitioners may read and
juvenile. interpret the X-ray.
Visual Body Cavity Search —Juvenile: Officers/ Consent for an X-ray Search: Consent to search must
Agents must not conduct visual body cavity searches be freely and voluntarily given as it relates to X-rays
of juveniles and, instead, shall refer all such body before the X-ray is administered. Involuntary X-ray
cavity searches of juveniles to a medical practitioner. searches require a court order. Involuntary X-ray
searches will be conducted only under the most
Accompanying Adult: If an adult parent or legal
extraordinary circumstances, and never on detainees
guardian accompanies the juvenile, officers/agents
who are pregnant or a detainee who refuses to have
should explain the reasons for the search to the
a pregnancy test after having been determined by
adult, as well as the juvenile.
medical personnel to require a pregnancy test.
Adult Consent and Presence: If a strip search, X-ray
Revocation of Consent for an X-ray Search: A
search, body cavity search, or MBM is necessary
detainee, including an at-risk detainee, may revoke
during the processing of a juvenile, officers/agents
consent for an X-ray search at any time, even at the
should seek consent from the parent or legal
medical facility. The revocation may be verbal or by
guardian. If the adult does not give their consent, a
actions. If the detainee revokes consent, officers/
decision to determine the next appropriate steps
agents must immediately inform the medical
must be made by a CBP supervisor after obtaining
practitioner to stop the X-ray search based on the
legal advice from CBP counsel. In most cases, the
revocation of consent and notify their supervisor.
adult should be present during searches. If the adult
Revocation of consent must be documented in the
is of a different gender than the juvenile, and/or the
appropriate electronic system(s) of record.
juvenile does not want the adult present when a
strip search, X-ray search, body cavity search, or Communication: Officers/Agents must ensure that
MBM is conducted, the adult should wait the explanation of the X-ray process and consent
immediately outside the search room in order to agreement is in a language or manner the detainee
afford the juvenile as much privacy as possible. comprehends.
Consultation Requirement for Certain UAC Pregnancy Test: When a detainee is taken to a
Searches: In the case of a UAC, although consent medical facility for an X-ray search, medical
may be granted by the UAC or HHS under limited personnel will determine if a pregnancy test is
circumstances, supervisors must consult with CBP required prior to an X-ray. If medical personnel
counsel prior to conducting a strip search or before a determine a pregnancy test is necessary and the
UAC undergoes an X-ray search, body cavity search, detainee refuses the pregnancy test, a decision to
or MBM. determine the next appropriate steps must be made
by a CBP supervisor after obtaining legal advice from
Supervisory Approval for an X-ray Search: An X-ray
CBP counsel.
search will be conducted only after being approved
by a supervisor authorized by the operational office's Documentation: When performing a strip searches
policies and procedures and after obtaining consent on at-risk detainees or when an at-risk detainee
or a search warrant. If a qualified medical undergoes an X-ray searches, a body cavity search,
practitioner determines that immediate action must or an MBM, all relevant facts of the search, such as

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witnesses, authorizing supervisors, and consent, their children before contacting a social service
must be recorded in the narrative section of the agency. In those instances where a parent or legal
appropriate electronic system(s) of record. guardian and a non-U.S. citizen child must be
separated, the non-U.S. citizen child will be classified
5.6 DETENTION as a UAC and will be processed accordingly.
Least Restrictive Setting: Officers/Agents will place Detention — UAC and Juveniles: UAC must be held
each at-risk detainee in the least restrictive setting separately from adult detainees. A juvenile may
appropriate to their age and special needs, provided temporarily remain with a non-parental adult family
that such setting is consistent with the need to member where: 1) the family relationship has been
ensure the safety and security of the detainee and vetted to the extent feasible, and 2) the CBP
that of others. Adult at-risk detainees will not simply supervisor determines that remaining with the non-
be placed in the least restrictive setting available, if parental adult family member is appropriate, under
they strongly communicate a preference for being the totality of the circumstances.
held in a hold room.
Transfer to the Department of Health and Human
Expeditious Processing: Whenever operationally Services, Office of Refugee Resettlement (ORR):
feasible, at-risk individuals will be expeditiously Every effort must be made to transfer UAC from CBP
processed to minimize the length of time in CBP to ORR custody as soon as possible, but no later than
custody. 72 hours after determining that a child is a UAC.
Family Units: Generally, family units with juveniles Requested placement notifications for the UAC must
should not be separated. When it is necessary to be conducted and logged in the appropriate
separate juveniles from the parent(s) and/or legal electronic system(s) of record. The reasons for any
guardian(s), officers/agents must follow legal detention longer than 72 hours must be logged in
requirements and their operational office's policies the appropriate electronic system(s) of record.
and procedures. In circumstances where family units Hygiene Articles, Bedding and Clean Clothing -
must be separated due to different immigration Juveniles: Juveniles will be given access to basic
dispositions, such separation must be documented in hygiene articles, and clean bedding. When available,
the appropriate electronic system(s) of record. juveniles will be provided clean and dry clothing.
Unaccompanied Juvenile Siblings: Whenever Officers/Agents may give access to these provisions
operationally feasible, UAC siblings should not be to any juvenile at any time.
separated, unless deemed necessary for safety Meals and Snacks —Juveniles, Pregnant, and
purposes. In circumstances where siblings must be Nursing Detainees: Juveniles and pregnant
separated due to different immigration dispositions, detainees will be offered a snack upon arrival and a
such separation must be documented in the meal at least every six hours thereafter, at regularly
appropriate electronic system(s) of record. scheduled meal times. At least two of those meals
Nursing Mother and Children: In situations where a will be hot. Juveniles and pregnant or nursing
detained female is nursing, the child will not be detainees must have regular access to snacks, milk,
removed from the care of the mother unless she and juice.
poses a danger to the child or if she will be Age and Capabilities Appropriate Food: Food must
transferred to the custody of another agency for be appropriate for at-risk detainees' age and
criminal prosecution. capabilities (such as formula and baby food).
Separation of Children from Parents or Legal Showers — Juveniles: Reasonable efforts will be
Guardians: In those instances where a parent or made to provide showers, soap, and a clean towel to
legal guardian and U.S. citizen child must be juveniles who are approaching 48 hours in
separated, social services may need to be contacted detention.
to take custody of the child. CBP should ensure
parents have the opportunity to arrange for care of

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Showers - Transgender or Intersex Detainees: restraints are deemed necessary, no detainee known
Whenever showers are provided, transgender and to be pregnant will be restrained in a face-down
intersex detainees will be given the opportunity to position, on her back, or in a restraint belt that
shower separately from other detainees. constricts the area of the pregnancy. All exceptions
must be documented in the appropriate electronic
Hold Rooms — UAC: Hold rooms for UAC must
system(s) of record, including the facts and the
provide the following:
reasoning behind the decision.
Toilets and sinks;
Professional cleaning and sanitizing at least once Post-delivery Recuperation: A detainee in post-
per day; delivery recuperation must not be restrained absent
Drinking fountains or clean drinking water along extraordinary circumstances that render restraints
with clean drinking cups; absolutely necessary.
Adequate temperature control and ventilation; Active Labor or Delivery: Restraints are never
and permitted on detainees who are in active labor or
Clean bedding. delivery.
Access to Medical Care: Any physical or mental
injury or illness observed by or reported to an
officer/agent should be reported to a supervisor and
appropriate medical care should be provided or
sought. Emergency services will be called
immediately in the event of a medical emergency.
Officers/Agents must notify the shift supervisor of all
medical emergencies as soon as possible after
contacting emergency services and document the
incident in the appropriate electronic system(s) of
record.
Consular and Telephone Access — UAC: All UAC must
be advised of their right to consular and telephone
access in a language or manner the detainee
comprehends.

5.7 USE OF RESTRAINTS

General: The use of restraints on at-risk detainees
must be in a manner that is safe, secure, humane,
and professional. It is the responsibility of officers/
agents to ensure that the need and level of restraints
used is consistent with the operational office's
policies and procedures. At no time will restraints be
used in a punitive manner or in a manner that causes
detainees undue pain.
Pregnant Detainees and Juveniles: Barring exigent
circumstances, officers/agents must not use
restraints on pregnant detainees or juveniles unless
they have demonstrated or threatened violent
behavior, have a history of criminal and/or violent
activity, or an articulable likelihood of escape exists.
Even in the extraordinary circumstance when

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6.0 SEXUAL ABUSE VICTIMIZATION

General: Sexual abuse includes: 1) sexual abuse and impartial interpretation, by someone other than
assault of a detainee by another detainee; and 2) another detainee, unless the detainee expresses a
sexual abuse and assault of a detainee by a staff preference for another detainee to provide
member, contractor, or volunteer. interpretation, and the supervisor determines that
Heightened Protection: Officers/ Agents must such interpretation is appropriate and consistent
provide detainees identified under the at-risk with the operational office's policies and procedures.
determination process in Section 4.2 to be at high The provision of interpreter services by minors,
risk of sexual abuse victimization, with heightened alleged abusers, detainees who witnessed the
protection. This includes continuous direct sight and alleged abuse, and detainees who have a significant
sound supervision, single-occupancy hold room, relationship with the alleged abuser is not
monitoring in open areas or placement in a hold appropriate in matters relating to allegations of
room actively monitored on video by an officer/ sexual abuse.
agent sufficiently proximate to intervene, unless no U Nonimmigrant Status Information: Officers/
such option is determined to be feasible. Agents must provide timely access to U
nonimmigrant status information to any detainee
Imminent Risk: When an officer/agent has a
alleging criminal sexual abuse.
reasonable belief that a detainee is subject to a
substantial risk of imminent sexual abuse, he or she Officer/Agent Responder Responsibilities: Upon
shall take immediate action to protect the detainee. learning of an allegation that a detainee was sexually
abused, the first law enforcement staff member to
Disabilities: Detainees with disabilities (e.g.,
respond to the report, or his or her supervisor, must:
detainees who are hearing impaired, those who are
Separate the alleged victim and abuser/assailant;
blind or have low vision, or those who have
Preserve and protect, to the greatest extent
intellectual, psychiatric, or speech disabilities), must
possible, any crime scene until appropriate
have access to CBP efforts to prevent, detect, and
steps can be taken to collect any evidence;
respond to sexual abuse. When necessary to ensure
Request that the alleged victim not to take any
effective communication with detainees who are
actions that could destroy physical evidence,
hearing impaired, such steps must include providing
including, as appropriate, washing, brushing
access to in-person, telephonic, or video interpretive
teeth, changing clothes, urinating, defecating,
services that enable effective, accurate, and
smoking, drinking, or eating if the sexual abuse
impartial interpretation, both receptively and
occurred within a time period that still allows
expressively, using any necessary specialized
for the collection of physical evidence; and
vocabulary. In addition, any written materials
Ensure that the alleged abuser/assailant does not
related to sexual abuse will be provided in formats
take any actions that could destroy physical
or through methods that ensure effective
evidence, including, as appropriate, washing,
communication with detainees with disabilities,
brushing teeth, changing clothes, urinating,
including detainees who have intellectual disabilities,
defecating, smoking, drinking, or eating if the
limited reading skills, or who are blind or have low
abuse occurred within a time period that still
vision. Whenever translation or interpretation
allows for the collection of physical evidence
services are provided, it must be recorded in the
appropriate electronic system(s) of record. Non-Officer/Agent Responder Duties: If the first
staff responder is not law enforcement staff, the
Interpretation Services Access Related to
responder must request that the alleged victim not
Allegations of Sexual Abuse: In matters relating to
allegations of sexual abuse, officers/agents will take any actions that could destroy physical evidence
provide in-person or telephonic interpretation and then notify law enforcement staff.
services that enable effective, accurate, and

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uop,ezpl_p!A asnqy lenxas 0.9

Detainee Reporting Mechanisms: Staff must: assault forensics medical exam, emergency
Accept sexual abuse reports made verbally, in contraception and sexually transmitted infections
writing, anonymously, and from third parties; prophylaxis, in accordance with professionally
Inform detainees of multiple ways to privately accepted standards of care. The forensic medical
report sexual abuse; retaliation for reporting examination should be done by qualified health care
sexual abuse, or staff neglect or violations of personnel, including a Sexual Assault Forensic
responsibilities that may have contributed to Examiner (SAFE) or Sexual Assault Nurse Examiner
such incidents; (SANE) where practicable. If SAFEs or SANEs cannot
Provide instructions on how detainees may be made available, the examination can be
contact the DHS Office of Inspector General; performed by other qualified health care personnel.
Promptly record such reports according to the Access to Victim Services: If, in connection with an
operational office's policies and procedures; allegation of sexual abuse, the detainee is
and transported for a forensic examination to a medical
Provide and inform the detainees of at least one facility that offers victim advocacy services, officers/
way for detainees to report sexual abuse agents will permit the detainee to use such services
anonymously to a public or private entity or to the extent available, consistent with security
office outside of CBP in accordance with the needs.
operational office's policies and procedures.
Cost of Medical Treatment Services: Emergency
StaffReporting Requirements: In accordance with medical treatment services provided to the victim
the operational office's policies and procedures, staff will be without financial cost and regardless of
must immediately report: whether the victim names the abuser or assailant, or
Any knowledge, suspicion, or information cooperates with any investigation arising out of the
regarding an incident of sexual abuse against incident.
any detainee;
Retaliation against detainees or staff who Prohibition against Retaliation: CBP staff must not
reported or participated in an investigation retaliate against any person, including a detainee,
about such an incident; and who alleges or complains about mistreatment,
Staff neglect or violation of responsibilities that participates in an investigation into an allegation of
may have contributed to an incident or staff misconduct, including sexual abuse, or for
retaliation. participating in sexual activity as a result of force,
coercion, threats, or fear of force.
Sexual Abuse Reporting: If a known or reported
victim of sexual abuse is transferred within CBP or to
the custody of another component within DHS, the
officer/agent must, as permitted by law, inform the
receiving CBP office or DHS component of the
incident and the victim's potential need for medical
or social services.
If a known or reported victim of sexual abuse is
transferred outside of DHS, the officer/agent must,
as permitted by law, inform the receiving agency or
office of the incident and the victim's potential need
for medical or social services, unless the victim
requests otherwise.
Access to Medical Services: Detainee victims of
sexual abuse must have timely, (including
emergency) unimpeded access to medical treatment
and crisis intervention services, including sexual
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7.0 PERSONAL PROPERTY

7.1 GENERAL another agency, repatriated, and/or released. If
personal property cannot be transferred with the
Operational Office Policies and Procedures:
detainee, CBP will generally hold personal property
Operational offices are responsible for creating
for a minimum of 30 days from the processing of a
policies and procedures relating to the handling,
detainee. After 30 days personal property will be
retention, retrieval, and return of detainee personal
considered abandoned and may be destroyed.
property.
Retention and Retrieval of Personal Property:
Personal Property: All detainees' personal property
Detainees may designate a third-party to retain or
discovered during apprehension or processing and
retrieve their personal property on their behalf,
not deemed to be contraband will be safeguarded,
including the consulate of their country of
itemized according to the operational office's
nationality.
policies and procedures, and documented in the
appropriate electronic system(s) of record. 7.2 PROCESSING AND STORAGE OF
Monetary Personal Property: Special attention must DETAINEES' PERSONAL PROPERTY
be given to the security and return of the detainee's
Inventory: The inventory of a detainee's personal
cash, currency, negotiable instruments, and debit/
property must be conducted in the presence of the
credit cards. The type, amount, and value of all
detainee and recorded according to the operational
detainee's cash, currency, and negotiable
office's policies and procedures.
instruments must be recorded in the appropriate
electronic system(s) of record. Storage of Personal Property: A detainee's personal
property will be stored in a secure storage room or
Legal Papers: Copies of any legal papers signed by
area. The secure storage room or area must be
the detainee shall be provided to the detainee
maintained in a clean and orderly manner and
according to the operational office's policies and
inspected as often as necessary to protect detainee
procedures.
property.
Personal Property and Legal Papers —Juveniles: All
Supervisor Responsibilities: Supervisors must
personal property (including any U.S.-prescribed
routinely inspect the secure storage room or area to
medications) and legal papers that are in the
ensure unclaimed property is handled according to
juvenile's possession, or are served upon the juvenile
the operational office's policies and procedures.
during processing, must accompany the juvenile
upon transfer to any other agency or facility. Supervisor Notification: Supervisors must be
notified when itemized personal property, including
Contraband: Contraband will be properly disposed
monetary personal property, is reported missing or
of according to the operational office's policies and
damaged. Supervisors will investigate and make the
procedures.
appropriate notifications according to the
Seized Property: Personal property seized as operational office's policies and procedures.
evidence or seized for possible forfeiture will be
handled according to the operational office's policies
and procedures.
Transfer: Whenever operationally feasible, officers/
agents will transfer a detainee's personal property
with the detainee when the detainee is transferred
within CBP. Officers/Agents will make every effort to
transfer a detainee's personal property with the
detainee when the detainee is transferred to

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Ald3d0d 1VNOS2:13d O'L

7.3 NOTICE TO DETAINEES
All personal property instructions must be
communicated to the detainee in a language or
manner the detainee can comprehend.
Detainees with personal property who are not being
immediately repatriated to a contiguous country
must receive notice of CBP's procedures relating to
personal property, including:
The process for claiming personal property upon
release, transfer or removal.
The process for having a third party claim
personal property.
The process for claiming lost property.

7.4 POSSESSIONS KEPT ON THE DETAINEE

At the discretion of officers/agents, a detainee may
keep some personal items in their possession, as
long as a particular item does not pose a threat to
the security or good order of the facility.

7.5 MEDICATIONS
All medications will generally be maintained with the
detainee's personal property unless other conditions
warrant, such as the medication needing to be
regularly administered due to need, and/or needing
to be properly stored as the prescription requires.

7.6 IDENTIFICATION DOCUMENTS

Documents determined to be genuine, unaltered,
and issued under the proper authority to the
detainee, must be returned to the detainee upon
release, removal or repatriation or maintained in the
detainees' personal property. Documents will not be
retained based solely on apparent gender-related
discrepancies in gender designations, names, or
photographs, absent any other indication the
document is not genuine or unaltered.

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8.0 DEFINITIONS
Solely for purposes of this document, the below Detention: Restraint from freedom of movement.
terms are defined as follows: Physical restraint is not an essential element of
detention.
Adult: A person known or reasonably believed to be
18 years of age or older. Direct Supervision: The constant sight and sound
observation of a detainee by an officer/agent. This
Agent: Any class of CBP employees designated by
does not include video monitoring of detainees.
the Commissioner to perform the functions of a
Border Patrol and/or Air & Marine Agent. Electronic System(s) of Record: A group of any
records under the control of any agency from which
At-Risk Populations/At-Risk Detainees: Individuals
information is retrieved by the name of the
in the custody of CBP who may require additional
individual or by some identifying number, symbol, or
care or oversight, who may include: juveniles; UAC;
other identifying particular assigned to the
pregnant individuals; those known to be on life-
individual.
sustaining or life-saving medical treatment; those at
higher risk of sexual abuse (including but not limited Employee: A person who works directly for CBP.
to gender nonconforming, intersex, and Escape: The departure of a detainee from CBP
transgender); reported victims of sexual abuse; custody without authorization.
those who have identified mental, physical or
developmental disabilities; those of advanced age; or Escape Risk: Any detainee whom an officer/agent
family units. believes may attempt to flee from CBP custody if not
prevented.
Bedding: A (or any combination of) blanket, mat, or
cot. Escort: The accompanied movement of a detainee
in CBP custody by an officer/agent.
Body Cavity Searches: A body cavity search is any
internal search consisting of the visual or physical Exigent Circumstances: Any set of temporary and
intrusion into the rectal or vaginal cavity. unforeseen circumstances that requires immediate
action in order to combat a threat to the security or
Contraband: Any item possessed by a detainee that institutional order of a facility or a threat to the
is prohibited under CBP policies or federal, state or safety or security of any person.
local law and/or regulation.
External Search: Non-intrusive searches conducted
Commercial Air Transport: The use of aircraft not to determine if detainees are carrying contraband/
owned or controlled by the U.S. Government, to weapons outside of their bodies, including
move detainees. immediate pat-downs/terry frisks, and pat-downs.
Contractor: A person who, or entity that, provides Facility: A place, building (or part thereof), set of
services pursuant to a contractual agreement with buildings, structure, or area that was constructed or
CBP or other federal entity. retrofitted for the purpose of detaining individuals
Custody: The control of the detainee whose and is routinely used by CBP to detain individuals in
freedom of movement is directly limited. its custody.
De-escalation: The reasonable use of words and Family Unit: A group of detainees that includes one
actions to reduce a heightened emotional and or more non-United States citizen juvenile(s)
physical state, in order to facilitate a calm, rational accompanied by his/her/their parent(s) or legal
interaction. guardian(s), whom the agency will evaluate for
safety purposes to protect juveniles from sexual
Detainee: Any person, regardless of citizenship or
abuse and violence.
nationality, under arrest, restrained, or confined by
CBP.

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SNOIIINIJ1C1 0'8
Gender identity: How a person sees themselves and Medical Facility: An accredited location where
understands their own gender identity (a man, a medical practitioners conduct medical exams,
woman, other). diagnostics, and/or provide care.
Gender Nonconforming: Having an appearance or Medical Practitioner: A health professional who, by
manner that does not conform to traditional societal virtue of education, credentials, and experience, is
gender expectations. permitted by law to evaluate and care for patients
Holding Facility: A structure that contains hold within the scope of his or her professional practice.
rooms, or other secure enclosures that are: Medical Witness: A credentialed or qualified
Under the control of CBP; and medical provider (such as a doctor, nurse, medical
Primarily used for the short-term confinement of student, paramedic) of a healthcare facility legally
individuals who have recently been detained, or are competent to serve as a witness to a medical event
being transferred to or from a court, jail, prison, such as a procedure or exam. Medical bystanders
other agency, or elsewhere within CBP. often provide assistance to the event and may be
Hold Room: A secure area in a holding facility used called on for legal testimony related to the event.
for temporary confinement of detainees. Medication: A medicine used to treat an illness or
injury.
Human Trafficking: A modern day form of slavery
involving the illegal trade of people for exploitation, Monitored Bowel Movement (MBM): An MBM
or commercial gain. The use of force, fraud or search is an internal search consisting of detaining a
coercion is used to lure victims into forced labor, suspect in a room or holding cell without flushable
commercial sexual exploitation or slavery. In cases of toilet facilities, under close observation, to permit
sex trafficking, for children under the age of 18, no time for a swallowed object to be expelled by the
force, fraud, or coercion is needed. body through natural means.
Immediate Pat-down/Terry Frisk: An external Officer: Class of CBP employees designated by the
search necessary to ensure officer safety. A limited Commissioner, responsible for the inspection of
search for weapons, generally of the outer clothing. arriving and departing persons, conveyances and
baggage at ports of entry.
Immediate Relative: A person related to a detainee
in one of the following ways: spouse, parent, Open Area: An area within a holding facility where
grandparent, child, sibling, aunt, uncle, or legal the detainee is not in a locked room but where there
guardian. are locked doors to prevent escape (e.g., a
processing room).
Internal Search: Searches conducted to determine if
detainees are carrying contraband close to or inside Operational Office: Components within CBP
their bodies. Internal searches include and are including the Office of Field Operations, the U.S.
limited to medical x-rays, body cavity searches, and Border Patrol, and the Office of Air and Marine.
monitored bowel movement (MBM) searches. Pat-down Search: An external search consisting of
Intersex: Having sexual or reproductive anatomy the sliding or patting of the hands over the clothed
that does not seem to fit typical definitions of male body of a detainee by staff to determine whether
or female. Intersex individuals may have organs of the individual possesses weapons and/or
both sexes, present at birth, due to chromosomal contraband. A pat-down search may require the
circumstances. detainee to reveal pocket contents.
Juvenile: A person known or reasonably believed to Personal Property: Belongings found on the
be less than 18 years of age. detainee's person or carried by a detainee (e.g., a
detainee's baggage, money, personal identification,
Law Enforcement Staff: Officers or Agents of CBP or
clothing, jewelry, mobile device, medication). This
a CBP facility that are responsible for the supervision
and control of detainees in a holding facility. does not include items deemed to be contraband.

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SNOWNIdia 0'8
Probe/Probing: The use of an instrument to explore Contact between the mouth and the penis, vulva,
the inside of an object physically attached to a or anus;
detainee (e.g., cast, brace, etc.). Penetration, however slight, of the anal or genital
opening of another person by a hand or finger
Processing Area: The secure location in a CBP
or by any object;
facility where officers/agents conduct interviews,
Touching of the genitalia, anus, groin, breast,
record detainee responses, and enter required
inner thighs or buttocks, either directly or
information into appropriate electronic system(s) of
through the clothing, with an intent to abuse,
record.
humiliate, harass, degrade or arouse or gratify
Reasonable Suspicion: A particularized and the sexual desire of any person; or
objective basis supported by specific and articulable Threats, intimidation, or other actions or
facts for suspecting a person of violating the law. communications by one or more detainees
Restraints: CBP-approved equipment used to restrict aimed at coercing or pressuring another
a detainee's movement. detainee to engage in a sexual act.

Search of an Individual: Any search of a person Sexual Abuse of a Detainee by a Staff Member,
conducted for an official law enforcement purpose. Contractor, or Volunteer: Sexual abuse of a
This includes: immediate pat-down/Terry frisk, pat- detainee by a staff member, contractor, or volunteer
down search, search incident to lawful arrest, strip includes any of the following acts, if engaged in by
search, medical X-ray search, body cavity search, and one or more staff members, volunteers, or contract
monitored bowel movement. personnel who, with or without the consent of the
detainee, engages in or attempts to engage in:
Secure Area: An area, including a hold room, Contact between the penis and the vulva or anus
processing area, or open area where an individual is and, for purposes of this subparagraph, contact
detained for a temporary period of time and where involving the penis upon penetration, however
the likelihood of escape is minimized because points slight;
of egress are secured to prevent unauthorized use. Contact between the mouth and the penis, vulva,
Secured Vehicle: A transport vehicle that is or anus;
equipped with security measures that separate Penetration, however slight, of the anal or genital
detainees from officers/agents, and limits detainee opening of another person by a hand or finger
egress from the vehicle. or by any object that is unrelated to official
duties or where the staff member, contractor,
Sexual Abuse: Sexual abuse includes: 1) Sexual
or volunteer has the intent to abuse, arouse, or
abuse and assault of a detainee by another detainee;
gratify sexual desire;
and 2) Sexual abuse and assault of a detainee by a
Intentional touching of the genitalia, anus, groin,
staff member, contractor, or volunteer.
breast, inner thighs or buttocks, either directly
Sexual Abuse of a Detainee by Another Detainee: or through the clothing, that is unrelated to
Sexual abuse of a detainee by another detainee official duties or where the staff member,
includes any of the following acts by one or more contractor, or volunteer has the intent to abuse,
detainees, prisoners, inmates, or residents of the arouse, or gratify sexual desire;
facility in which the detainee is housed who, by Threats, intimidation, harassment, indecent,
force, coercion, or intimidation, or if the victim did profane or abusive language, or other actions or
not consent or was unable to consent or refuse, communications, aimed at coercing or
engages in or attempts to engage in: pressuring a detainee to engage in a sexual act;
Contact between the penis and the vulva or anus Repeated verbal statements or comments of a
and, for purposes of this subparagraph, contact sexual nature to a detainee;
involving the penis upon penetration, however
slight;

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SNOIIINId1C1 0.8
Any display of his or her uncovered genitalia, being a victim of criminal activity, possess
buttocks, or breast in the presence of an information concerning the crime, and are being
inmate, detainee, or resident; or helpful to law enforcement and government officials
Voyeurism. in the investigation or prosecution of the criminal
Staff: Employees or contractors of CBP or CBP activity.
facility, including any entity that operates within the Vehicle: A craft designed for land-based
CBP facility. transportation.
Short Term Detention: The temporary detention of Vessel: A craft designed for water-based
a person at a CBP facility for the least amount of transportation.
time necessary to complete processing, transfer,
Volunteer: An individual who donates time and
and/or repatriation.
effort on a recurring basis to enhance the activities
Strip Search: An external search that requires a and programs of CBP.
person to remove or arrange some or all clothing so
Voyeurism: Inappropriate visual surveillance of a
as to permit a visual inspection of the person's
detainee for reasons unrelated to official duties.
breasts, buttocks, or genitalia.
Where not conducted for reasons relating to official
Supervisor: Any permanent or acting officer/agent, duties, the following are examples of voyeurism:
designated and authorized to oversee staff and make staring at a detainee who is using a toilet in his or
management level decisions. her cell to perform bodily functions; requiring an
inmate detainee to expose his or her buttocks,
Trafficking Victim: A person forced into human
genitals, or breasts; or taking images of all or part of
trafficking.
a detainee's naked body or of a detainee performing
Transgender Individual: A person whose gender bodily functions.
identity (i.e., internal sense of feeling male or
Weapon: Any object, item, or device that may be
female) is different from the person's assigned sex at
used to cause physical injury, incapacitate, or
birth.
diminish capability, temporarily or permanently.
Transport: The physical movement of a detainee by
X-ray Search: The use of a medical X-ray by a
vehicle, vessel or commercial air transport.
medical practitioner to determine the presence of
Unaccompanied Alien Child (UAC): A child who: contraband within the body.
has no lawful immigration status in the United
States;
has not attained 18 years of age; and
with respect to whom:
(i) there is no parent of legal guardian in the
United States; or
(ii) no parent or legal guardian in the United
States is available to provide care and physical
custody.
Unsecured Vehicle: A transport vehicle that is not
equipped with security measures that separate
detainees from officers/agents, and may not limit
detainee egress from the vehicle.
U Non-Immigrant Status: U nonimmigrant status for
victims of criminal activity designated in INA §101(a)
(15)(U) (qualifying crimes) who have suffered
substantial mental or physical abuse as a result of

Transport, Escort, Detention, and Search 31