Notification Of Detention Of Mexican Nationals And Consular Access.

Transcription

ATTACHMENT 1Points of Contact1. Notification of detention of Mexican nationals and Consular access.Consulate General of Mexico in San Diego, CaliforniaSan Ysidro Port of Entry (SYS POE)Consulate of Mexico in Calexico, California2. Names, positions and contact information of the Officers responsible for receiving Mexicannationals and coordinating repatriation activities.National Institute of Migration (INM)Port of Entry El Chaparral /W-3Mexicali, BCPort of Entry Mexicali3. Names, positions and contact information of the Officers responsible for receivinginformation about the repatriation of persons suspected of committing, or known to havecommitted, criminal violations and have been identified as being of special interest to theGovernment of Mexico.Office of the Attorney General of Mexico (PGR) Attaché in San Diego, CaliforniaCopy of the notification should be sent to:Consulate General of Mexico in San Diego, CaliforniaProtection DepartmentNational Institute of Migration4. Names, positions and contact information of the Officers responsible for delivering theMexican nationals and coordinating repatriation activities.U.S. Customs and Border Protection (CBP)Office of Field Operations (OFO)San Diego Field OfficeSan Ysidro / Otay Port of EntrySan Ysidro International Liaison Unit (ILU)San Ysidro / Otay Criminal Enforcement Unit (CEU)San Diego and CalexicoAttachments to Local Arrangement for Repatriation of Mexican Nationals

2Calexico Port of Entry (West)Calexico Port of Entry (East)Andrade Port of EntryTecate Port of EntryU.S. Border Patrol (USBP)San Diego SectorBoulevard USBP StationBrown Field USBP StationChula Vista USBP StationEl Cajon USBP StationImperial Beach USBP StationMurrieta USBP StationCampo USBP StationSan Clemente USPB StationEl Centro SectorCalexico USBP StationEl Centro USBP StationIndio USBP StationU.S. Immigration and Customs Enforcement (ICE)Office of Enforcement and Removal Operations (ERO)San Diego Field Office ManagementSan Diego Field Office Staging FacilityOtay Detention FacilityEl CentroImperialSan DiegoAttachments to Local Arrangement for Repatriation of Mexican Nationals

3Homeland Security Investigations (HSI)San DiegoCalexicoATTACHMENT 2Ports of Repatriation, Schedules of Repatriation and Conditionsfor Routine Notification of Repatriations of Mexican NationalsThe identified Ports of Entry and hours of repatriation in this attachment, except where otherwiseoutlined in this arrangement, should be applicable to all repatriations conducted by the U.S.Border Patrol, Enforcement and Removal Operations, and Homeland Security Investigations.PORT OF REPATRIATIONSAN YSIDRO / TIJUANAGarita 1/Whiskey 2SCHEDULES OF REPATRIATIONADULTS AND ACCOMPANIED MINORS: 0600 to2200 hours daily.UNACCOMPANIED MINORS: Daily from 0800 to1600 hours. All repatriations should be coordinatedwith the Consulate General in San Diego.UNACCOMPANIED / PREGNANT WOMEN:Daily between 0800 to 1800 hours.SPECIAL NEEDS PERSONS REQUIRINGFOLLOW-UP MEDICAL TREATMENT: Dailybetween 0800 to 1800 hours.DONOVAN STATE PRISON RELEASES: Monday– Friday from 0800 to 1600 hours with prior notice tothe Consulate General in San Diego and INM inTijuana.FUGITIVES: Daily with prior notice to the PGRRegional Attaché and the Consulate General in SanDiego.Daily repatriation procedures not previously noted maybe made through this Port when coordinated with theConsulate General in San Diego and INM in Tijuana.CALEXICO WEST /MEXICALIADULTS AND ACCOMPANIED MINORS: 0600 to2200 hours daily.UNACCOMPANIED MINORS: Daily from 0800 toSan DiegoAttachments to Local Arrangement for Repatriation of Mexican Nationals

41600 hours in coordination with the Consulate inCalexico.UNACCOMPANIED / PREGNANT WOMEN:Daily from 0800 to 1800 hours. Exceptions are to becoordinated with the Consulate in Calexico.SPECIAL NEEDS PERSONS REQUIRINGFOLLOW-UP MEDICAL TREATMENT: Dailybetween 0800 to 1800 hours. Exceptions will becoordinated with the Consulate in Calexico.CALIPATRIA AND CENTINELA STATE PRISONRELEASES: Monday – Friday from 0800 to 1600hours with prior notice to the Consulate in Calexico andINM in Mexicali, Baja California.FUGITIVES: Daily with prior notice to the PGRRegional Attaché and the Consulate in Calexico.Daily repatriation procedures not previously noted maybe made through this Port when coordinated with theConsulate in Calexico and INM in Mexicali.CALEXICO EAST /MEXICALINo Repatriations except under established exceptionswith appropriate notifications to GOM.ANDRADE / ALGODONESNo Repatriations except under established exceptionswith appropriate notifications to GOM.Conditions for routine notifications of repatriations of Mexican nationalsConsistent with Sections 6, 7 and 8 of this Arrangement, the DHS Participants should take intoconsideration the following conditions for routine notifications of repatriations of Mexicannationals:1. All notifications for all returns through all ports of entry should be done at least thirty (30)minutes prior to repatriation through telephone, fax or e-mail to the applicable authorities atthe ports of entry of repatriation.2. Before or during the repatriation, the DHS Participants should provide INM a list of thepersons to be repatriated from a single office on a single event, which should be stamped asSan DiegoAttachments to Local Arrangement for Repatriation of Mexican Nationals

5acknowledgement and proof of formal reception by Mexican nationals. The lists shouldcontain the basic information included in DHS form I-216.3. When individuals who have been convicted of criminal offenses are being repatriatedthrough formal immigration proceedings, the aforementioned list should also include,whenever possible, the following information: alias, registration number, type of removal,conviction(s), date of conviction(s), and time served.4. The repatriation of known fugitives wanted by the Government of Mexico should be doneseparately from the repatriation of other Mexican nationals. These procedures should beconsistent with the specific procedures that both Federal governments (Washington D.C. andMexico City) establish.5. If a group larger than fifty-five (55) persons is to be repatriated, the DHS Participants shouldnotify INM at least one (1) hour before, to ensure that the appropriate number of Officers isavailable to reduce the period of delivery and reception of the repatriated Mexican nationals.6. Mexican nationals to be repatriated directly from the interior of the U.S. should beexclusively delivered through San Ysidro/Tijuana or Calexico/Mexicali ports of entry.7. Consistent with interior arrangements at originating locations, the Consulates in the interiorshould receive from DHS Participants lists of Mexican nationals being repatriated and theConsulates in turn should notify appropriate INM offices at the border.8. The signatory participants should take all feasible steps to ensure that property, valuables,and money retained, are available for return to the rightful owner at the time of initial releasefrom DHS custody.9. Any exception to the established schedule should be properly coordinated with theappropriate authorities. Exceptions may be made for: Assisting a vulnerable personLaw enforcement needOperational tempoDHS Participants should make every effort to notify INM a minimum of thirtyminutes prior to repatriating due to exceptions.(30)ATTACHMENT 3Officers in charge of receiving and/or conveying information about incidents involvingalleged misconduct, mistreatment or violations of human rightsConsulate General of Mexico in San Diego, CaliforniaProtection DepartmentConsular office at the San Ysidro Port of EntryConsulate of Mexico in Calexico, CaliforniaSan DiegoAttachments to Local Arrangement for Repatriation of Mexican Nationals

6National Institute of Migration (INM)Port of Entry El Chaparral /W-3Mexicali, Baja CaliforniaPort of Entry MexicaliU.S. Customs and Border Protection (CBP)Office of Field Operations (OFO)U.S. Border PatrolU.S. Immigration and Customs Enforcement (ICE)Office of Enforcement and Removal Operations (ERO)Homeland Security Investigations (HSI)ATTACHMENT 4Repatriation of Persons with Special NeedsIn addition to the conditions identified in Attachment 2 about Ports and Schedules ofRepatriation of persons with special needs, and consistent with Section 12 of this Arrangement,the DHS Participants should consider the following:When applicable within each category below, the DHS Participants and the Consulateshould make every effort to obtain the appropriate medical records and all informationabout the individual, including any contact information about any known family memberof the person.4.1 Repatriation of unaccompanied minors The Consulate General in San Diego or the Consulate in Calexico should be notified tointerview the minors. Interviews of unaccompanied minors at the San Ysidro Port of Entry should be held dailyfrom 8:00AM to 3:00PM with two deliveries at 11:00AM and 3:00PM. Interviews of unaccompanied minors at the Calexico Port of Entry should be held dailyfrom 8:00AM to 4:00PM. Interviews should be done personally, telephonically or through the videoconferencesystem. Consular staff should accompany unaccompanied minors during repatriation. Additional interviews should be conducted when a group of at least five (5)unaccompanied minors is ready to be repatriated. DHS Participants should advise the Consulate General in San Diego or the Consulate inCalexico if the unaccompanied minor has known immigration or criminal history.San DiegoAttachments to Local Arrangement for Repatriation of Mexican Nationals

74.2 Repatriation of Mexican nationals with special medical needsThe repatriation of Mexican nationals that require follow up medical treatment should not takeplace until the necessary arrangements with the family or medical institution receiving the personwith special medical needs are made by the Mexican participants. The repatriation should take place as early as possible. If a special device (crutches, wheelchair, walker, etc.) is needed to facilitate themobilization and repatriation of an individual, the device should be supplied by themedical center in which the individuals received care. Otherwise, the DHS Participantsshould allow the Consulate General a reasonable amount of time to provide the device.4.3 Repatriation of mentally incapacitated persons and persons with communicablediseases The Consulate should be notified as soon as possible of the intended removal of amentally incapacitated person and persons with communicable diseases, and therepatriation should take place as soon as possible after the notification. The repatriation should take place as soon as possible, keeping in mind that the Centro deSalud Mental A.C. in Tijuana only receives persons with these conditions until 7:00 pm.ATTACHMENT 5The Safe and Humane Treatment and RepatriationOf Unaccompanied Mexican Children1) For the DHS personnel, all interactions between CBP and ICE personnel and unaccompaniedMexican children, including but not limited to those areas or actions identified in this LocalRepatriation Arrangements and all addenda, are to be consistent with and in accordance withall provisions of the William Wilberforce Trafficking Victims Protection Reauthorization Actof 2008; similarly the interactions of Mexican officers with Mexican children including butnot limited to those areas or actions identified in this Local Repatriation Arrangements andall addenda, are to be conducted in accordance with any applicable domestic andinternational norms and through the application of the Consular Protection Protocol forUnaccompanied Migrant Children and Adolescents.2) The U.S.-Mexico Local Repatriation Arrangements are to be the guiding framework for thesafe and humane treatment and repatriation of unaccompanied Mexican children.3) Repatriations of Unaccompanied Mexican Children are to be conducted in a mannerconsistent with the Local Repatriation Arrangement for the area through whichunaccompanied Mexican children are returned, consistent with the times and locationoutlined in Attachment 2 of the Local Repatriation Agreements, and to appropriate Mexicangovernment officials. In cases where the best interest of an individual child requiresdeviation from the Local Repatriation Arrangement, such actions are to be taken only withthe coordination and concurrence of the competent U.S. and Mexican officials.San DiegoAttachments to Local Arrangement for Repatriation of Mexican Nationals

84) DHS personnel must determine whether an unaccompanied child encountered at a landborder or port of entry is capable of making an independent decision and screen appropriatelyfor signs victimization of a severe form of trafficking, risk of trafficking upon return, andfear of return due to a credible fear of persecution.5) If DHS personnel determine that an unaccompanied Mexican child has been, a victim of asevere form of trafficking, is at risk of being trafficked upon return or is afraid to return toMexico because of a credible fear of persecution, or that he or she is not able to make anindependent decision to withdraw his or her application for admission to the United States,DHS personnel are to:a. Engage in established protection processes and procedures available under U.S. lawincluding in removal proceedings before an immigration judge;b. Notify and provide consular access to unaccompanied Mexican children consistent withexisting arrangements, agreements and legal obligations.6) Mexican Consular and Immigration officials are to duly coordinate with CBP and ICEthrough established local relationships, and among relevant Mexican agencies or groups,regarding the safe and humane treatment of and/or return of unaccompanied Mexicanchildren being repatriated, including appropriate intervention with unaccompanied Mexicanchildren.7) In cases where the application of the Consular Protection Protocol for UnaccompaniedMigrant Children and Adolescents by Mexican officials results in the identification ofpotential victims of a severe form of trafficking or subjects that claim a fear of return due to acredible fear of persecution, all applicable information is to be provided to DHS in order toevaluate any potential further protective actions.8) DHS and Mexican officers, agents, and personnel who have substantive contact withunaccompanied Mexican children are to receive appropriate training on the implementationof these repatriation arrangements, including on identifying children who are victims of asevere form of trafficking and children for whom asylum, special immigrant relief, and/orother government or group support that may be appropriate; additionally, the Government ofMexico intends to share with DHS the Consular Protection Protocol for UnaccompaniedMigrant Children and Adolescents, including best practices in interviewing unaccompaniedminors.9) In order to safeguard unaccompanied children who are nationals of third countries, both DHSand Mexican agencies aver their respective and collective intent to intervene with allappropriate measures at the earliest point possible, consistent with their respective legalframeworks and international commitments, and in harmony with the principles outlined inthe Managua Extraordinary Declaration issued by Vice Ministers and the Heads ofDelegation of the Member Countries of the XIX Regional Conference on Migration held inManagua, Nicaragua in June 2014.10) Concerns with implementation of this addendum should be addressed locally, with issuesbeing elevated to the Repatriation Technical Working Group when resolution at a lower levelis not possible.San DiegoAttachments to Local Arrangement for Repatriation of Mexican Nationals

coordinated with the Consulate in Calexico. SPECIAL NEEDS PERSONS REQUIRING FOLLOW-UP MEDICAL TREATMENT: Daily between 0800 to 1800 hours. Exceptions will be coordinated with the Consulate in Calexico. CALIPATRIA AND CENTINELA STATE PRISON RELEASES: Monday - Friday from 0800 to 1600 hours with prior notice to the Consulate in Calexico and