State of Washington et al v. United States of America et al

Filing 29

SUPPLEMENT Defendants Appendix A, Dkt. #21 -1 by Defendants Alex Azar, Thomas Homan, Scott Lloyd, Kevin K. McAleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions, III, Donald Trump, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, United States of America (Attachments: #1 Exhibit 15, #2 Exhibit 16, #3 Exhibit 17, #4 Exhibit 18, #5 Exhibit 19, #6 Exhibit 20, #7 Exhibit 21, #8 Exhibit 22)(Murley, Nicole)

Exhibit 22

Case 3:18-cv-00428-DMS-MDD Document 109-1 Filed 07/15/18 PageID.2117 Page 1 of 4

HHS/DHS UNIFIED PLAN OF OPERATIONS
FOR REUNIFICATION OF 5-17 YEAR OLD POPULATION TO INCLUDE FLOW CHART AND
SUMMARY OF REQUIRED STEPS
14 JULY 2018

OPERATIONAL SCOPE:
1. Swift reunification of adults and children from age group 5-17 subsequent to
separation, after determination of parentage, fitness, and danger.
2. There will be a total of eight ICE locations that will operate for as long as
necessary to effect efficient reunification of children with parents. There will be a
population of no more than 50 (estimated) children that will require transport to
locations outside of the three ICE AORs for individual reunification. This will be
coordinated with the HHS IMT and the ICE LNOs on site at HHS.

LOGISTICS AND POTENTIAL LIMITING FACTORS:
1. Strict coordination and adherence to agreed upon planning and operational factors
by all involved.
2. The requirement for HHS to transfer and ICE to receive high volumes of children at
pre-designated sites. EXTENDED HOURS OF OPERATIONS OR 24/7 OPERATIONAL
PERIODS MAY BE REQUIRED, AS INDICATED.
3. ICE will incur all costs for the transportation of the adult population and HHS will
incur the cost of moving the child (to pre-designated location). ICE will transport
the reunited families, adults and minors as necessary, following reunification.

Case 3:18-cv-00428-DMS-MDD Document 109-1 Filed 07/15/18 PageID.2118 Page 2 of 4

HHS/DHS UNIFIED PLAN OF OPERATIONS
FOR REUNIFICATION OF 5-17 YEAR OLD POPULATION TO INCLUDE FLOW CHART AND
SUMMARY OF REQUIRED STEPS
14 JULY 2018 (Page 2)

OPERATIONAL REQUIREMENTS AND PLANNING EFFORTS:
A. ICE will provide NCIC background information. ORR to review and assess for
criminal concerns. ICE will provide additional category of “convicted” vs.
“charged” for the adult population identified with concerns from the NCIC review
(step 1 in the process flow). ICE will be responsive to all requests for additional
information to expedite “clearance” or “removal” of adult from the certification list
for reunification.

B. ORR to review case file to identify any pertinent “red flags”, eg: the child was not
accompanied by a parent, was smuggled, or would otherwise be subject to
safety/security concerns. Home studies are performed only in the following cases:
(1)

a child who is a victim of a severe form of trafficking in persons;

(2)

a special needs child with a disability;

(3)

a child who has been a victim of physical or sexual abuse under

circumstances that indicate that the child’s health or welfare has been
significantly harmed or threatened; or
(4)

or a child whose proposed sponsor clearly presents a risk of abuse,

maltreatment, exploitation, or trafficking to the child based on all available
objective evidence.
C. If red flags, ORR will undertake further review and action as appropriate. If ORR
finds no red flags, proceed towards reunification on track below.
D. ORR will create and publish daily updated lists of “request to interview” (RTI)
adults for reunification.
E. ICE Field Offices will review the A#’s submitted by ORR using EARM and flag if any
adults have an executable Final Order.
F. ICE will notify HHS/ORR/SOC immediately if the adult elects to be removed without
the child (and all supporting paperwork MUST be forwarded to HHS/ORR/SOC or be
made immediately available through electronic links between HHS and ICE.
G. ICE to move selected adult population to identified sites for Field Team Interview
(there will be a few isolated individuals outside of the three selected ICE AORs
who are currently closer to their minor child in ORR care).

Case 3:18-cv-00428-DMS-MDD Document 109-1 Filed 07/15/18 PageID.2119 Page 3 of 4

HHS/DHS UNIFIED PLAN OF OPERATIONS
FOR REUNIFICATION OF 5-17 YEAR OLD POPULATION TO INCLUDE FLOW CHART AND
SUMMARY OF REQUIRED STEPS
14 JULY 2018 (Page 3)

H. ICE will NOT transfer any pending adults for reunification outside or away from the
three ICE AORs. ICE will transfer all non-executable Final Orders and litigation
pending cases (except PHO, ELP, SNA, to SNA AOR – but will not do so, as stated

above, if children are already in the same AOR as the adult.
I. HHS contractor to perform intake of adult (15 min interview).
J. If HHS contractor finds red flags, undertake further review and action as
appropriate. If HHS contractor finds no red flags, complete reunification as below.
K. ICE will support HHS/ORR authorized personnel at reunification sites for parental
screening procedures.
L. Contractor to notify IMT of “green” status of adult population (from list) and IMT to
execute logistical plan for child to move to designated location within 06-48 hours
of notification of final clearance.
M. ICE will conduct final check and confirm “greenlight” on reunification (with ORR).
N. Child is transported to designated location.
O. Paperwork exchange, transfer of responsibility between agencies and reunification
occurs.
P. ICE to coordinate with MVM to dispatch reunited family to a pre-identified NGO
release location. To request assistance through this program, email the MVM
Command Center at [e-mail]. Also copy Supervisory
Detention and Deportation Officer Roberto R. Salazar, at
[e-mail]. MVM may also be contacted via phone at (956)
621-7920

PLEASE SEE FLOW CHART ON THE FOLLOWING PAGE

Case 3:18-cv-00428-DMS-MDD Document 109-1 Filed 07/15/18 PageID.2120 Page 4 of 4
UAC Population
5-17 years old

UAC Reunification Process

NCIC Check/ICE
A # Categorization of
Conviction

Conducted
Concurrently

Red
Flags?

YES

ICE Review of conviction
w/determination of
proceedings

A# & Name to ICE
for determination
of conviction

NO
ORR Case Manager Review
(Significant child safety
concern or indications of
non parentage)

Red
Flags?

YES

NO

Cleared by ICE?

DNA Test for
Adult and Child

DNA Match?

NO

YES

ACLU & ICE receives request for
interview (RFI) from HHS. ICE
returns executable Final Order
list allowing interviews

NO

ORR performs statutory
requirements and
determination

ICE notifies ORR/SOC if parent
elects to not be removed w/child
and update list

Sponsorship Verification @
ICE Designated Locations
Reunification Decision

Red
Flags?

YES

NO

Cleared by
ORR?

NO

Parent
available?

YES

NO

YES

ICE identifies and hold
adults w/children in
same area of
responsibility.

Parent desires
reunification?

NO

YES
ORR Transfers Child to
Target Detention Facility

NO

YES

Reunification within 24-48
Hours
YES

ICE to Coord w/MVM to
dispatch reunited family to
pre-identified release
location

Did child
become ill in
ORR Care?

Illness resolved?

Due Diligence
Actions in the
Interest of the Child

NO
Child remains in
ORR Care for
placement