memo

New ICE guidance bans high-speed car chases and sets tighter rules for traffic stops, a memo shows

U.S. Immigration and Customs Enforcement officers have been ordered not to engage in high-speed car chases and to make vehicle stops only if they have completed specific training, under new internal guidance issued after several drivers were shot in encounters with ICE.

A memo sent to officers in ICE’s Enforcement and Removal Operations division and obtained by the Associated Press warned they are not any under circumstances authorized to chase vehicles that fail to pull over. Instead, officers should take down the vehicles’ information for further investigation, according to the memo signed by ICE’s executive associate director, Marcos D. Charles, and dated Wednesday.

The new guidance comes after ICE-initiated vehicle stops have repeatedly escalated when drivers have refused to cooperate or tried to flee. ICE agents have opened fire during more than a dozen such encounters since last year, killing at least four people and wounding several others.

President Trump’s administration has faced internal tension over how to handle traffic stops, which are seen as particularly high-risk encounters.

After fatal shootings of drivers in Maine and Texas in July, ICE officers were directed to temporarily pause most vehicle stops. But the next day, Trump went on social media to direct the agency to continue traffic stops, calling them “one of ICE’s most important and effective Crime Fighting tools.”

ICE has faced intense pressure from the White House to deport more people who are in the country illegally, and its arrests have reached record numbers. At the same time, the agency’s rapid hiring spree last year resulted in some poorly vetted and trained officers hitting the streets.

In a statement, ICE downplayed the significance of the memo, which said the new guidance was intended to replace and amend previous directives issued earlier this year, last year and in 2018.

“Occasionally, ICE leadership issues guidance reminders to law enforcement officers,” the statement said. “Vehicle stops and arrests of illegal aliens continue.”

The new memo outlines steps intended to improve the safety of vehicle stops for ICE officers, drivers they are targeting, their passengers and the public.

The memo told ICE’s field office directors that they must ensure vehicles used for traffic stops have lights and sirens that let the public know they are law enforcement vehicles when activated. Underthe guidance, all officers on the scenes of vehicle stops must wear and activate their body cameras.

In addition, only officers who have completed one of five specific agency training courses can conduct vehicle stops. Officers who have not completed the courses can participate in vehicle stops only “in a support capacity” as passengers and cannot be the drivers of any of the vehicles involved.

The guidance says ICE officers can continue to use a controversial technique known as pinning, which is defined as “using a vehicle or physical barrier to trap or stop a car,” but only if they have received special training. Similarly, only trained officers can use spike strips that deflate tires to prevent drivers from fleeing.

The memo came the day that courtroom testimony highlighted ways in which two ICE officers involved in a vehicle stop, pursuit and shooting that wounded a delivery driver in Austin last month would not have complied with the new guidance.

During a bond hearing for Wilber Rafael Garces Perez, testimony showed that the officer who shot him wasn’t wearing a body-worn camera. The ICE officer who did have a camera was driving in a separate car and turned it off during the pursuit.

Prosecutors presented surveillance video that showed an ICE agent chasing Garces Perez at high speeds through residential streets after he fled an initial traffic stop.

Garces Perez faces federal assault charges after investigators say he struck an ICE officer with his driver’s side mirror. That officer then shot into Perez’s vehicle, lodging a bullet in his back, officials say.

Attorneys for Garces Perez have called the charges against him “retaliation” and have argued that the camera footage was inconclusive because it didn’t fully capture the moment when he allegedly tried to flee.

Foley writes for the Associated Press. AP reporter Anna Wilder contributed to this report from Austin, Texas.

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Change in human trafficking reporting alarms advocates for migrant children

The Trump administration has ordered caregivers for migrant children to stop reporting human trafficking concerns directly to the office created to help victims, a change that critics say could make some vulnerable minors easier to deport.

The directive, in a Sept. 10 memo reviewed by the Associated Press, could mean that some victims would be denied services and face tougher odds of obtaining asylum and visas allowing them to stay in the United States.

“This is going to harm children,” said Jean Bruggeman, co-executive director of Freedom Network USA, a coalition that advocates for human trafficking survivors. “This makes it more likely they will be deported before they get the services they need and put back into harm’s way.”

The order added another plank to the Trump administration’s hard-line immigration agenda that has forged the most restrictive policies toward immigrants in more than a generation. Some of those efforts have been stopped by courts but many others have taken root.

The memo said the change would “streamline the reporting, tracking and referral of trafficking-related concerns.” An administration statement said the change was an effort to reduce the high number of claims that did not rise to the level of criminal human trafficking but nonetheless triggered the award of benefits and relief.

But Democratic Sen. Ron Wyden of Oregon said the change requires children and their advocates to report human trafficking to the same agency that is holding them in custody. “This move to sideline human trafficking experts is more evidence that the Trump administration will deport kids to score political points rather than actually protect them,” he said.

Office has helped thousands of trafficking victims

The change applies to 1,800 children who are in federal custody after arriving in the United States without parents or being arrested with parents who were not legally present, and others who have been released but remain under supervision.

Under longstanding policy, caregivers are required to conduct an initial screening of unaccompanied children for potential labor or sex trafficking within five days of admission to a facility or shelter. If they suspect the child is a victim, they have been required within 24 hours to notify the Office of Trafficking in Persons, which was created in 2015 to prevent human trafficking and protect victims.

If the office certifies the claim, the minors become eligible for a program that gives them greater freedom by allowing them to move out of short-term housing, placing them in foster care and allowing them to attend public school. It does not protect them from deportation immediately, but they can use the determination to pursue visas for victims of trafficking or asylum claims. It also grants eligibility for nutrition, housing and other public benefits once they are released from federal custody.

Thousands of unaccompanied minors have benefited from the office’s determinations. They are particularly susceptible to labor and sex trafficking, including in their home countries, on their way to the U.S. and after they arrive, and that’s why Congress has given them protections, Bruggeman said.

Administration says change will target improper claims

Under the change ordered last week by the administration, federal employees and care providers were told to no longer report labor and sex trafficking claims involving the minors to the Office on Trafficking in Persons.

Instead, the memo said those claims should be submitted only to the Office of Refugee Resettlement, which oversees the housing of unaccompanied minors. That office will now investigate the claims and decide which ones should be forwarded to the Office on Trafficking in Persons for further review, the memo said, warning that providers “must respond promptly to requests for information.”

In a statement, the Office of Refugee Resettlement said the change was driven by a review last year that found 95% of more than 9,000 reports “were determined not to be viable trafficking leads” for criminal investigators.

“The vast majority of the reports detailed instances of alleged abuse or neglect, not forced labor or commercial sex as defined in human trafficking statutes,” the statement said.

Even so, 58% of reports from shelter employees and case managers qualified for trafficking-related benefits. The change in reporting will “strengthen integrity, reduce improper referrals, reduce fraud, and ensure that children who may have experienced trafficking receive immediate support,” the statement said.

Former official questions rationale

Jen Smyers, who served as deputy director of the Office of Refugee Resettlement during the Biden administration, said the claim that the change will streamline reporting is questionable. She said ORR already gets the human trafficking reports but has no special expertise in evaluating them, unlike the office created for that purpose.

The fear is that legitimate claims will get delayed or missed during the new layer of review, and career employees will face political pressure to refer fewer cases, she said.

“It’s the opposite of streamlining,” Smyers said.

Smyers noted the change comes after what she called an “ onslaught ” of Trump administration policies that have undermined the ability of unaccompanied minors to gain legal status, including making it harder to leave federal custody, arresting sponsors in the middle of the release process, and cutting their legal representation.

“What they are trying to do is deport as many as possible. What interferes with deporting children is if they are eligible for protections Congress has given them,” she said.

Foley writes for the Associated Press.

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