[News] Leaked ICE Manual Shows Gov't Allowing Informants To Engage In Illegal Behavior, Impersonate Lawyers, Journalists, And Doctors

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Tue Jun 26 13:40:51 EDT 2018


https://www.techdirt.com/articles/20180623/17171740098/leaked-ice-manual-shows-govt-allowing-informants-to-engage-illegal-behavior-impersonate-lawyers-journalists-doctors.shtml 



  Leaked ICE Manual Shows Gov't Allowing Informants To Engage In Illegal
  Behavior, Impersonate Lawyers, Journalists, And Doctors

by Tim Cushing <https://www.techdirt.com/user/capitalisliontamer> - Jun 
25th 2018

------------------------------------------------------------------------

The 9/11 attacks gave us the DHS 
<https://www.techdirt.com/articles/20171223/10335338873/dhs-documents-show-harassment-intrusive-device-searches-are-common-occurrence-us-borders.shtml>. 
And from that atrocity came ICE 
<https://en.wikipedia.org/wiki/U.S._Immigration_and_Customs_Enforcement>. 
We used to get by with Customs and a Border Patrol, but no, we needed 
something additional that tied the homeland's "security" to a new, 
deeply brutal form of "customs enforcement." Normally, the word 
"customs" would suggest the rounding up of illegal imported goods or the 
collection of duty payments from incoming arrivals.

Instead, we were handed an agency that concerns itself mainly with 
ejecting people from the country in the most aggressive way possible, 
cheered on by White House officials and a large group of Americans who 
view our closest southern nation with deep suspicion and a touch of 
xenophobia. ICE's current activities aren't the fault of the Trump 
Administration, but this administration has done more than most 
<https://www.techdirt.com/articles/20170130/00540836584/our-humanity.shtml> 
to take everything that's bad about ICE (which is a lot) and crank it up 
to 11.

Warrantless raids 
<https://www.techdirt.com/articles/20180428/20350639738/ice-performs-warrantless-raid-private-farm-draws-heat-state-federal-officials.shtml>, 
misrepresentation of advocacy efforts 
<https://www.techdirt.com/articles/20171015/11284138407/ice-now-calling-aiding-unaccompanied-minors-human-trafficking-to-bypass-sanctuary-city-laws.shtml>, 
deporting critical journalists 
<https://www.techdirt.com/articles/20180524/16432539900/ice-trying-to-deport-journalist-reporting-abusive-ice-behavior.shtml>… 
these are all part of ICE's playbook. But there's far more to it than 
this. The official "playbook" for ICE undercover operations basically 
allow the agency to operate as a criminal operation and engage in 
illegal activity for the greater good of booting immigrants out of the US.

The guidebook for ICE's undercover operationshas been published by 
Unicorn Riot 
<https://www.unicornriot.ninja/2018/icebreaker-pt-5-confidential-homeland-security-undercover-operations-handbook/>, 
which makes no statements about how it obtained this document. Its 
Twitter account refers to it as a "leak," 
<https://twitter.com/UR_Ninja/status/1010251521618010120?s=09> which 
suggests this wasn't the result of a FOIA request. Regardless of its 
origins, it's a harrowing read. Many of the highlights of the 227-page 
manual 
<https://assets.documentcloud.org/documents/4555191/Ice-Undercover-Operations.pdf> 
[PDF] can be viewed in UR's tweet thread 
<https://twitter.com/UR_Ninja/status/1010251521618010120?s=09>. Other 
details have been posted at its website, which takes a bullet-pointed 
trip through the entirety of the document.

What is crystal clear is that ICE undercover operations involve 
informants who are allowed to engage in criminal activity, including fun 
stuff like trafficking immigrants, purchasing stolen property, drug 
dealing, paying bribes, entrapment, and anything else that might be 
deemed "necessary" to ensure the viability of an investigation.

Informants are strongly encouraged not to engage in violent acts or 
entrapment, but given enough leeway to perform these acts if deemed 
necessary. The only thing that changes is the number of government 
officials receiving reports about these departures from policy guidelines.

If these sanctioned illegal acts happen to turn a profit, everyone wins. 
ICE itself can partake of funds obtained through illegal activity. Some 
of this is routed back to informants to purchase whatever's needed to 
continue the investigation. In many cases, this means funneling funds 
into purchasing supplies needed for further criminal activity. The funds 
may also be used to fund ICE _itself_. It's perfectly acceptable for ICE 
to use funds derived from the criminal activity of its informants to 
cover ICE agent overtime.

ICE is also authorized to create shell companies as cover for 
investigations. In ICE terminology, this is "backstopping" -- providing 
a credible back story for ICE operations should they happen to be 
investigated by their investigation targets. This ordained creation of 
shell companies allows ICE operatives to obtain fake SSNs, brokers 
licenses, medical degrees, pilots certifications, and immigration 
documents.

The shell companies themselves are made possible/plausible with the 
assistance of several federal agencies:

    /Federally-issued undercover identification/backstopping for
    undercover proprietary businesses and shell companies can be
    obtained through the Undercover Operations Unit./

    /Types of available corporate identification/backstopping include,
    but are not limited to, the following:/

    /A. Employer Identification Numbers (EINs) (Note: All EINs must be
    obtained through the Undercover Operations Unit in order to avoid
    tax issues with the Internal Revenue Service);
    B. Dun and Bradstreet reports;
    C. Department of Transportation/Motor Carrier numbers;
    D. Department of Defense Trade Compliance Registration numbers;
    E. Office of Foreign Asset Control License;
    F. FAA airplane registration number/certificates;
    G. U.S. Coast Guard marine identification; and
    H. business credit cards./

Then there's the list of personas undercover informants can adopt, which 
include priests/clergy, lawyers, doctors, therapists, and "news media." 
Naturally, some of these roles involve the harvesting of privileged 
communications -- even though the privilege is assumed by the person the 
informant is conversing with and certainly not extended by those working 
for ICE. But, as the handbook, points out, this puts informants in the 
position of overhearing /actually privileged/ communications due to the 
nature of the charade, which may find them conversing with /real/ 
lawyers, members of the clergy, doctors, and therapists.

This is referred to as "Sensitive Circumstances" by the DHS, an official 
designation that means nothing more than a case-by-case review rather 
than the blanket approval it extends to other undercover activities.

The guidebook, issued in 2008, may have seen some updates in recent 
months, but it's unlikely anything was added to rein in ICE's condoned 
criminal activity. Unicorn Riot notes it has confirmation this manual 
was still in use as of 2016 
<https://twitter.com/UR_Ninja/status/1010532533791019009>, so it's not a 
relic of one particular administration. It apparently predates Obama's 
election and quite possibly extends into Trump's.

This shows how far our government is willing to go to enforce its laws. 
It will condone the breaking of laws in the name of enforcing them. The 
handbook may as well be named "End Justifies The Means" -- a 272-page 
compendium of acceptable means that would be unacceptable if anyone 
other than the government were engaged in them.

-- 
Freedom Archives 522 Valencia Street San Francisco, CA 94110 415 
863.9977 https://freedomarchives.org/
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