Immigration Violator File (IVF) of the National Crime Information Center (NCIC) database

8/14/2019 Immigration Violator File (IVF) of the National Crime Information Center (NCIC) database

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NCICIMMIGRATION VIOLATOR FILE

TABLE OF CONTENTS

lNTRODUCTION ................ , ............................................ 11.1 DEFINITION .................................................... 11.2 CRITERIA FOR ENTRY ............................................ 11.3 MESSAGE KEY (MKE) CODES ..................................... 21.4 RECORD RETENTION PERIOD ..................................... 31.5 AUTOMATIC RETIREMENT ........................................ 31.6 VALIDATION .................................................... 31.7 MESSAGE FIELD EDITS ........................................... 41.8 INVESTIGATIVE INTEREST. . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . .. . . . . 4

ENTRy ....................................................................... 5MODIFICATION .............................................................. 5CANCELLATION ............................................................ 5INQUIRy ..................................................................... 6

5.1 NCIC INQUIRY PROCESSING ...................................... 65.2 EXAMPLE OF AN INQUIRY ........................................ 65.3 REQUIREMENTS FOR INQUIRY ...................... , ............. 85.4 ADDITIONAL GUIDELINES FOR INQUIRY . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85.5 INQUIRY USING VEHICULAR DATA ................................ 95.6 PROCEDURES FOR HANDLING A HIT ............................... 9

LOCATE ..................................................................... 10CLEAR ..................................................................... 10SUPPLEMENTAL RECORDS ................................................... 10STOLENIFRAUDULENT SUPPLEMENTAL RECORDS ............................. 10


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1.1 DEFINlTION

NCICIMMIGRATION VIOLATOR FILE

SECTION I-INTRODUCTION

INTRODUCTION

The hnmigration Violator File contains records on crimirial aliens who have been deported fordrug trafficking, fireanns trafficking, or serious violent crimes and on foreign-born individualswho have violated some section of he hnmigration and Nationality Act. Criminal aliens whohave been deported and reenter the United States without permission or remain in the UnitedStates after being ordered removed or excluded are in violation of Title 8, USC, Section 1326.

1.2 CRlTERlA FOR ENTRY1. The U.S. Department ofHomeland Security's Bureau of Immigration and Customs

Enforcement (lCE) is the only agency authorized to enter and maintain records in theImmigration Violator File.

2. The ICE's Law Enforcement Support Center will enter data regarding immigrationviolators into one of hree categories: the Deported Felon Category, the AbsconderCategory, or the National Security E n t r y ~ E x : i t Registration System (NSEERS)Category.Deported Felon Category:The Deported Felon Category contains records ofpreviously deported felons whohave been convicted and deported for. drug trafficking, firearms trafficking, or seriousviolent crimes.Absconder Category:The Absconder Category contains records of ndividuals with an outstandingadministrative warrant of removal from the United States who have unlawfullyremained in the United States.NSEERS Category:The NSEERS Category contains records of ndividuals with an outstandingadministrative warrant for failure to comply with the national security registrationrequirements.

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INTRODUCTION

3. If he ICE has reasonable grounds to believe that the subject may be ope:t;ating aparticular vehicle or a vehicle bearing a particular license plate, the vehicle and/orlicense data may be included in the record.

1.3 MESSAGE KEY (MKE) CODESMessageEntry

ModifY MW

MKEEW

Cancel XWInquiry* QW

ZWQWBQWIQVZV

Clear CWEntry of ENsupplemental recordEntry of supplemental ENSstolen!fiaudulentidentifiersCancellation of XNsupplemental recordCancellation of stolen! XNSfiaudulent identifiers

TranslationIMMIGRATION VIOLATION -DEPORTED FELONIMMIGRATION VIOLATION -FAILURE TO APPEAR FORREMOVALIMMIGRATION VIOLATIONNATIONAL SECURITYREGISTRATION

*There is no specific MKE to query the lrmnigration ViolatQf File; however, awanted personinquiry will return a hit response on this me if a match occurs.

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INTRODUCTION

A caution indicator should be added to the MKE EW when it is known that an immigrationviolator is anned and dangerous, has suicidal tendencies, has previouslY escaped custody, is adrug addict, or whatever is appropriate to the particular circumstances of he individual: Thereason for the caution must be entered in the MIS Field (NCIC fonnat) or in the Caution andMedical Conditions (CMC) Field (NCIC 2000 format). Additional details on the cautionindicator can be found in the NCIC Code Manual Personal Descriptors.

1.4 RECORD RETENTION PERIODIrnnllgration Violator records have an unlimited retention period. An Irnnllgration Violator (EW)record Win remain on file indefinitely.or until action is'takenby the ICE to clear or cancel therecord.

Other exceptions to the record retention periods will occur in the event a serious error isdetected in the record on file.1.5 AUTOMATIC RETIREMENT

Data in the License Plate Number (UC), License Plate Year of Expiration (LIY), and LicensePlate Type (LIT) Fields in an Immigration Violator File record or supplemental record will bepurged one year after the license plate expires as indicated in the LIY Field. If he expiredlicense plate is the only searchable identifier in the Immigration Violator File record, the entirerecord will be purged.A nonexpiring license plate (LIY NX) contained in an Immigration Violator File record willremain on file until action is taken by the ICE to remove the license data or dear or cancel theentire record.

1.6 VALIDATIONA portion of he Immigration Violator File records will be validated monthly as described in theIntroduction chapter of his manual.The Name ofValida or (VLN) Field will be returned only when the requester of he recordis the entering agency. For all other inquiring agencies, the VLN Field will be suppressed.

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1.7 MESSAGE FIELD EDITS

Code Field

DOW Date ofWarrantOFF Offense Code

INTRODUCTION

Edits

Mandlitory Blank.Must be:

8003 for Deported Felon Category.8004 for Absconder Category.8005 for NSEERS Category.

EXL* Extradition Limitation Mandlitory Blank.The Wanted Person File chapter contains other pertinent message field codes and edits.*NCIC 2000 format only.

1.8 INVESTIGATIVE INTEREST

The Other Transactions chapter of his manual contains information regardinginvestigative interest supplemental records in NCIC.



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ENTRY, MODIFICATION, CANCELLATION

SECTION 2-ENTRY

The ICE is the only agency authorized to enter and maintain records in the Immigration ViolatorFile. The mandatory fields for Immigration Violator File records are the same as those forWanted Person File records. The entry procedures are the same as those for Wanted PersonFile records which are detailed in the Wanted Person File chapter.

SECTION 3-MODIFICA TION

The ICE is the only agency authorized to make any modifications to an Immigration Violator Filerecord The modifY procedures are the saine as those for Wanted Person File records whichare detailed in the Wanted Person File chapter.

SECTION 4-CANCELLATION

The ICE is the only agency authorized to cancel an Immigration Violator-File record Thecancel procedures are the same as those for Wanted Person File records which are detailed inthe Wanted Person File chapter.

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INQUIRY

SECTION 5-INQUIRY5.1 NCIC INQUIRY PROCESSING

When an agency transmits an NCIC wanted person inquiry (QW, ZW , QWB, or QWI), thedata in the Immigration Violator File are searched in addition to the data in the other NCICperson files (except the Unidentified Person File). As a result of an inquiry, a hit may begenerated on an Immigration Violator File record. Additional details can be fOlll1d in theWanted Person File chapter.

5.2 EXAMPLE OF AN INQUIRYINOIHEADER.QW.MDI012400.NAM/SMITH, JOHN.SEX/M.RAC/W.DOB/19510101

Negative Response:ILOIHEADERMDI012400NO NCIC WANT DOB/1951010,1 NAM/SMITH, JOHN SEX/M RAC/WPositive Response Deported Felon Category:lLOlHEADERMDI012400WARNING REGARDING FOLLOWING RECORD - SUBJECT OF NIC/N,07770847 IS APREVIOUSLY DEPORTED FELON. CONTACT LESC AT (877) 999-5372 FOR IMMEDIATEHIT CONFIRMATION AND AVAILABILITY OF BUREAU OF IMMIGRATION AND CUSTOMSENFORCEMENT DETAINER.MKE/IMMIGRATION VIOLATION - DEPORTED FELONORI/VTINSIOOO NAM/SMITH, JOHN SEX/M RAC/W POB/FN DOB/19510101HGT/510 WGT/180 EYE/BRO HAI/BRO SKN/DRKSMT/SC LF ARMSOC/777010000OFF/SUBJECT IS A DEPORTED CRIMINAL/AGGRAVATED FELONOCA/ASD1234-T MIS/KNOWN AS JOHNNY BOYORI IS BUREAU OF I M M I G ~ T I O N AND CUSTOMS ENFORCEMENT, LAW ENFORCEMENTSUPPORT CENTER (877) 999-5372NIC/N307770847 DTE/19980605 0000 .:DT*****THIS RECORD MAY BE USED ONLY BY CRIMINAL JUSTICE AGENCIES FORCRIMINAL JUSTICE PURPOSES.*****END OF IMMIGRATION VIOLATOR FILE RESPONSE*****

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Positive Response Absconder Category:lL01HEADERMD1012400

INQUIRY

WARNING REGARDING FOLLOWING RECORD - SUBJECT OF NIC/N307770847 HAS ANOUTSTANDING ADMINISTRATIVE WARRANT OF REMOVAL FROM THE UNITED STATES.CONTACT LESC AT (877) 999-5372 FOR IMMEDIATE HIT CONFIRMATION ANDAVAILABILITY OF BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT DETAINER.MKE/IMMIGRATION VIOLATION - FAILURE TO APPEAR FOR REMOVALORI/VTINS1000 NAM/SMITH, JOHN SEX/M RAC/W POB/FN DOB/19510101HGT/510 WGT/180 EYE/BRO HAI/BRO SKN/DRKSMT/SC LF ARMSOC/777010000OFF/ALIEN UNLAWFULLY PRESENT DUE TO ORDER OF REMOVAL OR EXCLUSION FROM THE USAOCA/ASD1234-T MIS/KNOWN AS JOHNNY BOYORI IS BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT, LAW ENFORCEMHNTSUPPORT CENTER (877) 999-5372NIC/N307770B47 DTE/19980605 oboo EDT THIS RECORD MAY BE USED ONLY BY CRIMINAL JUSTICE AGENCIES FORCRIMINAL JUSTICE PURPOSES.*****END OF IMMIGRATION VIOLATOR FILE RESPONSE*"''''**Positive Response N8EERS Category:lL01HEADE,RMD1012400WARNING REGARDING FOLLOWING RECORD - SUBJECT OF NIC/N307770847 HAS ANOUTSTANDING ADMINISTRATIVE WARRANT OF ARREST FOR IMMIGRATION VIOLATIONSFOR FAILURE TO COMPLY wi:TH NATIONAL SECURITY REGISTRATION. CONTACT LESCAT (877) 999-5372 FOR IMMEDIATE HIT CONFIRMATION AND AVAILABILITY OFBUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT DETAINER.MKE/IMMIGRATION VIOLATION - NATIONAL SECURITY REGISTRATIONORI/VTINS1000NAM/SMITH, JOHN SEX/M RAC/W POB/FN DOB/19510101HGT/510 WGT/180 EYE/BRO HAI/BRO SKN/DRKSMT/SC ,LF ARMSOC/777010000OFF/SOUGHT FOR VIOLATION OF NATIONAL SECURITY REGISTRATIONOCA/ASD1234-T MIS/KNOWN AS JOHNNY BOYORI IS BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT, LAW ENFORCEMENTSUPPORT CENTER (877) 999-5372NIC/N307770B47 DTE/19980605 0000 EDT" . - .THIS RECORD MAY BE 'USED ONLY BY CRIMINAL JUSTICE AGENCIES FORCRIMINAL JUSTICE PURPOSES."'****END OF IMMIGRATION VIOLATOR FILE RESPONSE**"'*,*

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INQUIRY

5.3 REQUIREMENTS FOR INQUIRY1. The capability to query only the hnmigration Violator File does not exist; however, the

same procedures used to search the Wanted Person File will also search thehnmigration Violator File. Complete details can be found in the Wanted Person Filechapter.

2. In a positive response, Wanted Person and Foreign Fugitive File records appear first,followed by records from the Missing Person, Violent Gang and Terrorist Organization,Convicted Sexual Offender Registry, Convicted Person on Supervised Release,Imnrigrntion Violator, Protection Order, U. S. Secret Service Protective, License Plate,Vehicle, Boat, and VehiclelBoat Part Files. Complete details can be found in theWanted Person File chapter.

3. As a part ofa positive Immigration Violator File response, the receiving agency iswarned against action based on the positive response alone.

4. The Immigration Violator File is based on criminal history information and is subject todissemination restrictions. A caveat: at the end of each record response cmphasizes torecord recipients that the record may be disseminated only to criminal justiec agenciesfor criminal justice purposes.

5.4 ADDITIONAL GUIDELINES FOR INQUIRY1. When only one numeric identifier is used in an inquiry, the response(s) will include the

record(s) on file containing that specific numeric identifier. For example, ifan inquirycontains only the Social Security number, the response will include the rccord(s) on filewith that SOCial Security number even though there may be other records on file for thesame individual which do not contain that particular number.

2. Following a positive response to an inquiry with limited personal descriptors, an agencyshould make a second inquiry using all identifiers contained in the response record(s).The second inquiry should ensure the receipt of all records which could possibly pertainto the person in question.

3. A response to an inquiry of the hnmigration Violator File can contain supplemental dataon stolen/fraUdulent identifiers: names; dates ofbirth, Social Security numbers,miscellaneous numbers, and operator's license numbers. Complete details can befound in the Wanted Person File chapter.



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INQUIRY

5.5 INQUIRY USING VEruCULAR DATAA QV, ZV,QW, or ZW inquiry by license plare number or vehicle identification number willretrieve all person files as well as the Immigration Violator File in which the vehicle and/or licensehas been entered. Additionally, such an inquiry will retrieve data from the Vehicle, Boat,Vehic1elBoat Par!, and License Plare Files. It is not necessary to include name in this type ofinquiry.

5.6 PROCEDURES FOR HANDLING A ruT1. I f he inquiry is made on an individual (i.e., traffic stop) and the encounrering agency has

no other reason for detaining the subject, appropriare procedures will depend upon.whether state or local laws pennit detainment and/or arrest.1. When an agency receives a record in response to an NCIC inquiry and

1) the whereabouts of he person inquired upon is known and 2) the personinquired upon appears to be identical with the subject of an ICE record,the agenCY must confum the alien's status with the ICE at (877) 999-5372.After confumation, the ICE will provide direction regarding thearrest/detention of he subject.

2. When an agency receives a record in response to an NCIC inquiry and thewbereabouts of he person inquired upon is not known, confumation is notrequired by the ICE.

2. When an agency receives a record response to an NCIC query containing investigativeinrerest information, the inquiring agency is not required to notify the investigativeinterest agency(s). I f he investigative inrerest agenc;y requests notification ofall hits, thisagency should place a Y in the Notify Investigative Agency (NIA) Field. Refer to theOther Transactions chapter of his manual for additional information on investigativeinterest supplemental records.

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LOCATE, CLEAR, SUPPLEMENTAL RECORDS, STOLEN/FRAUDULENT RECORDS

SECTION 6-LOCATE

There are no locate procedures for hrunigration Violator File records.

SECTION 7-CLEAR

The ICE is the only agency authorized to clear an Immigration Violator File record. The clearprocedures are the same as those for Wanted Person File records which are detailed in theWanted Person File chapter.

SECTION 8-SUPPLEMENTAL RECORDS

The ICE is the only agency authorized to enter or cancel an Immigration Violator Filesupplemental record. The supplemental record procedures are the same as1hose for WantedPerson File records which are detailed in the Wanted Person File chapter.

SECTION 9-STOLENIFRAUDULENT SUPPLEMENTAL RECORDSThe ICE is the only agency authorized to enter or cancel an Immigration Violator Filestolen/fraudulent supplemental record. The stolen/fraudulent supplemental record proceduresare the same as those for Wanted Person File records which are detailed in the Wanted PersonFile chapter.


Immigration Violator File (IVF) of the National Crime Information Center (NCIC) database

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