distance required to enable him/her to testify in person. (b) Form of subpoena. All subpoenas shall be issued on Form I-138. (1) Criminal or civil investigations. The subpoena shall command the person or entity to which it is addressed to attend and to give testimony at a time or place specified. A subpoena shall also command the person or entity to which it is addressed to produce the books, papers, or documents specified in the subpoena. A subpoena may direct the taking of a deposition before an officer of the Service. (2) Proceedings other than naturalization proceedings. Every subpoena issued under the provisions of this section shall state the title of the proceeding and shall command the person to whom it is directed to attend and to give testimony at a time and place specified. A subpoena shall also command the person to whom it is directed to produce the books, papers, or documents specified in the subpoena. A subpoena may direct the making of a deposition before an officer of the Service. (c) Service. A subpoena issued under this section may be served by any person, over 18 years of age not a party to the case, designated to make such service by the District Director, Deputy District Director, Chief Patrol Agent, Deputy Chief Patrol Agent, Assistant Chief Patrol Agent, Patrol Agent in Charge, Officer in Charge, Assistant District Director, Investigations, Supervisory Criminal Investigator (AntiSmuggling), Regional Director, and Office of Professional Responsibility, having administrative jurisdiction over the office in which the subpoena is issued. Service of the subpoena shall be made by delivering a copy thereof to the person named therein and by tendering to him/her the fee for one day's attendance and the mileage allowed by law by the United States District Court for the district in which the testimony is to be taken. When the subpoena is issued on behalf of the Service, fee and mileage need not be tendered at the time of service. A record of such service shall be made and attached to the original copy of the subpoena. (d) Invoking aid of court. If a witness neglects or refuses to appear and tes tify as directed by the subpoena served upon him or her in accordance with the provisions of this section, the officer or immigration judge issuing the subpoena shall request the United States Attorney for the district in which the subpoena was issued to report such neglect or refusal to the United States District Court and to request such court to issue an order requiring the witness to appear and testify and to produce the books, papers, or documents designated in the subpoena. [50 FR 30134, July 24, 1985; 50 FR 47205, Nov. 15, 1985, as amended at 60 FR 56937, Nov. 13, 1995; 62 FR 10390, Mar. 6, 1997] § 287.5 Exercise of power by immigra tion officers. (a) Power and authority to interrogate and administer oaths. Any immigration officer as defined in §103.1(q) of this chapter is hereby authorized and designated to exercise anywhere in or outside the United States the power conferred by: (1) Section 287(a)(1) of the Act to interrogate, without warrant, any alien or person believed to be an alien concerning his or her right to be, or to remain, in the United States, and (2) Section 287(b) of the Act to administer oaths and to take and consider evidence concerning the privilege of any person to enter, reenter, pass through, or reside in the United States; or concerning any matter which is material or relevant to the enforcement of the Act and the administration of the Immigration and Naturalization Serv ice. (b) Power and authority to patrol the border. The following immigration officers who have successfully completed basic immigration law enforcement training are hereby authorized and designated to exercise the power to patrol the border conferred by section 287(a)(3) of the Act: (1) Border patrol agents, including aircraft pilots; (2) Special agents; (3) Immigration inspectors (seaport operations only); (4) Adjudications officers and deportation officers when in the uniform of an immigration inspector and performing inspections or supervising other immigration inspectors performing inspections (seaport operations only); (5) Supervisory and managerial personnel who are responsible for supervising the activities of those officers listed in this paragraph; and (6) Immigration officers who need the authority to patrol the border under section 287(a)(3) of the Act in order to effectively accomplish their individual missions and who are designated, individually or as a class, by the Commissioner. (c) Power and authority to arrest-(1) Arrests of aliens under section 287(a)(2) of the Act for immigration violations. The following immigration officers who have successfully completed basic immigration law enforcement training are hereby authorized and designated to exercise the arrest power conferred by section 287(a)(2) of the Act and in accordance with § 287.8(c): (i) Border patrol agents, including aircraft pilots; (ii) Special agents; (iii) Deportation officers; (iv) Immigration inspectors; (v) Adjudications officers; (vi) Supervisory and managerial personnel who are responsible for supervising the activities of those officers listed in this paragraph; and (vii) Immigration officers who need the authority to arrest aliens under section 287(a)(2) of the Act in order to effectively accomplish their individual missions and who are designated, individually or as a class, by the Commissioner. (2) Arrests of persons under section 287(a)(4) of the Act for felonies regulating the admission or removal of aliens. The following immigration officers who have successfully completed basic immigration law enforcement training are hereby authorized and designated to exercise the arrest power conferred by section 287(a)(4) of the Act and in accordance with § 287.8(c): (i) Border patrol agents, including aircraft pilots; (ii) Special agents; (iii) Deportation officers; (iv) Immigration inspectors; (v) Adjudications officers; (vi) Supervisory and managerial personnel who are responsible for super vising the activities of those officers listed in this paragraph; and (vii) Immigration officers who need the authority to arrest persons under section 287(a)(4) of the Act in order to effectively accomplish their individual missions and who are designated, individually or as a class, by the Commissioner with the approval of the Deputy Attorney General. (3) Arrests of persons under section 287(a)(5)(A) of the Act for any offense against the United States. The following immigration officers who have successfully completed basic immigration law enforcement training are hereby authorized and designated to exercise the arrest power conferred by section 287(a)(5)(A) of the Act and in accordance with § 287.8(c): (i) Border patrol agents, including aircraft pilots; (ii) Special agents; (iii) Deportation officers; (iv) Immigration inspectors (permanent full-time immigration inspectors only); (v) Adjudications officers when in the uniform of an immigration inspector and performing inspections or supervising other immigration inspectors performing inspections; (vi) Supervisory and managerial personnel who are responsible for supervising the activities of those officers listed in this paragraph; and (vii) Immigration officers who need the authority to arrest persons under section 287(a)(5)(A) of the Act in order to effectively accomplish their individual missions and who are designated, individually or as a class, by the Commissioner with the approval of the Deputy Attorney General. (4) Arrests of persons under section 287(a)(5)(B) of the Act for any felony. (i) Section 287(a)(5)(B) of the Act authorizes designated immigration officers, as listed in paragraph (c)(4)(iii) of this section, to arrest persons, without warrant, for any felony cognizable under the laws of the United States if: (A) The immigration officer has reasonable grounds to believe that the person to be arrested has committed or is committing such a felony; (B) The immigration officer is performing duties relating to the enforcement of the immigration laws at the time of the arrest; (C) There is a likelihood of the person escaping before a warrant can be obtained for his or her arrest; and (D) The immigration officer has been certified as successfully completing a training program that covers such arrests and the standards with respect to the enforcement activities of the Service as defined in § 287.8. (ii) The following immigration officers who have successfully completed basic immigration law enforcement training are hereby authorized and designated to exercise the arrest power conferred by section 287(a)(5)(B) of the Act and in accordance with §287.8(c): (A) Border patrol agents, including aircraft pilots; (B) Special agents; (C) Deportation officers; (D) Immigration inspectors (permanent full-time immigration inspectors only); (E) Adjudications officers when in the uniform of an immigration inspector and performing inspections or supervising other immigration inspectors performing inspections; (F) Supervisory and managerial personnel who are responsible for supervising the activities of those officers listed in this paragraph; and (G) Immigration officers who need the authority to arrest persons under section 287(a)(5)(B) of the Act in order to effectively accomplish their individual missions and who are designated, individually or as a class, by the Commissioner with the approval of the Deputy Attorney General. (iii) Notwithstanding the authorization and designation set forth in paragraph (c)(4)(ii) of this section, no immigration officer is authorized to make an arrest for any felony under the authority of section 287(a)(5)(B) of the Act until such time as he or she has been certified by the Director of Training as successfully completing a training course encompassing such arrests and the standards for enforcement activities as defined in §287.8. Such certification shall be valid for the duration of the immigration officer's continuous employment, unless it is sus pended or revoked by the Commissioner or the Commissioner's designee for just cause. (5) Arrests of persons under section 274(a) of the Act who bring in, transport, or harbor certain aliens, or induce them to enter. (i) Section 274(a) of the Act authorizes designated immigration officers, as listed in paragraph (c)(5)(ii) of this section, to arrest persons who bring in, transport, or harbor aliens, or induce them to enter the United States in violation of law. When making an arrest, the designated immigration officer shall adhere to the provisions of the enforcement standard governing the conduct of arrests in § 287.8(c). (ii) The following immigration officers who have successfully completed basic immigration law enforcement training are authorized and designated to exercise the arrest power conferred by section 274(a) of the Act: (A) Border patrol agents, including aircraft pilots; (B) Special agents; (C) Deportation officers; (D) Immigration inspectors; (E) Adjudications officers when in the uniform of an immigration inspector and performing inspections or supervising other immigration inspectors performing inspections; (F) Supervisory and managerial personnel who are responsible for supervising the activities of those officers listed in this paragraph; and (G) Immigration officers who need the authority to arrest persons under section 274(a) of the Act in order to effectively accomplish their individual missions and who are designated, individually or as a class, by the Commissioner with the approval of the Deputy Attorney General. (6) Custody and transportation of previously arrested persons. In addition to the authority to arrest pursuant to a warrant of arrest in paragraph (e)(3)(iv) of this section, detention enforcement officers who have successfully completed basic immigration law enforcement training are hereby authorized and designated to take and maintain custody of and transport any person who has been arrested by an immigration officer pursuant to paragraphs (c)(1) through (c)(5) of this section. (d) Power and authority to conduct searches. The following immigration officers who have successfully completed basic immigration law enforcement training are hereby authorized and designated to exercise the power to conduct searches conferred by section 287(c) of the Act: (1) Border patrol agents, including aircraft pilots; (2) Special agents; (3) Deportation officers; (6) Supervisory and managerial personnel who are responsible for supervising the activities of those officers listed in this paragraph; and (7) Immigration officers who need the authority to conduct searches under section 287(c) of the Act in order to effectively accomplish their individual missions and who are designated, individually or as a class, by the Commissioner. (e) Power and authority to execute warrants (1) Search warrants. The following immigration officers who have successfully completed basic immigration law enforcement training are hereby authorized and designated to exercise the power conferred by section 287(a) of the Act to execute a search warrant: (i) Border patrol agents, including aircraft pilots; (ii) Special agents; (iii) Supervisory and managerial personnel who are responsible for supervising the activities of those officers listed in this paragraph, and (iv) Immigration officers who need the authority to execute search warrants under section 287(a) of the Act in order to effectively accomplish their individual missions and who are designated, individually or as a class, by the Commissioner with the approval of the Deputy Attorney General. (2) Issuance of arrest warrants for immigration violations. A warrant of arrest may be issued only by the following immigration officers: (i) District directors (except foreign); (ii) Deputy district directors (except foreign); (iii) Assistant district directors for investigations; (iv) Deputy assistant district directors for investigations; (v) Assistant district directors for deportation; (vi) Deputy assistant district directors for deportation; (vii) Assistant district directors for examinations; (viii) Deputy assistant district directors for examinations; (ix) Officers in charge (except foreign); (x) Assistant officers in charge (except foreign); (xi) Chief patrol agents; (xii) Deputy chief patrol agents; (xiii) Associate chief patrol agents; (xiv) Assistant chief patrol agents; (xv) Patrol agents in charge; (xvi) The Assistant Commissioner, Investigations; (xvii) Institutional Hearing Program directors; (xviii) Area port directors; (3) Service of warrant of arrests for immigration violations. The following immigration officers who have successfully completed basic immigration law enforcement training are hereby authorized and designated to exercise the power pursuant to section 287(a) of the Act to execute warrants of arrest for administrative immigration violations issued under section 236 of the Act or to execute warrants of criminal arrest issued under the authority of the United States: (i) Border patrol agents, including aircraft pilots; (ii) Special agents; (iii) Deportation officers; (iv) Detention enforcement officers (warrants of arrest for administrative immigration violations only); (v) Immigration inspectors; (vi) Adjudications officers when in the uniform of an immigration inspector and performing inspections or supervising other immigration inspectors performing inspections; (vii) Supervisory and managerial personnel who are responsible for supervising the activities of those officers listed in this paragraph; and (viii) Immigration officers who need the authority to execute arrest warrants for immigration violations under section 287(a) of the Act in order to effectively accomplish their individual (ii) Special agents; (iii) Deportation officers; (iv) Supervisory and managerial personnel who are responsible for supervising the activities of those officers listed in this paragraph; and (v) Immigration officers who need the authority to execute warrants of arrest for non-immigration violations under section 287(a) of the Act in order to effectively accomplish their individual missions and who are designated, individually or as a class, by the Commissioner with the approval of the Deputy Attorney General. (f) Power and authority to carry firearms. The following immigration officers who have successfully completed basic immigration enforcement training are hereby authorized and designated to exercise the power conferred by section 287(a) of the Act to carry firearms provided that they are individually qualified by training and experience to handle and safely operate the firearms they are permitted to carry, maintain proficiency in the use of such firearms, and adhere to the provisions of the enforcement standard governing the use of force in § 287.8(a): (1) Border patrol agents, including aircraft pilots; (2) Special agents; (3) Deportation officers; (4) Detention enforcement officers; (5) Immigration inspectors; (6) Adjudications officers when in the uniform of an immigration inspector and performing inspections or super vising other immigration inspectors performing inspections; (7) Supervisory and managerial personnel who are responsible for supervising the activities of those officers listed in this paragraph; and (8) Immigration officers who need the authority to carry firearms under section 287(a) of the Act in order to effectively accomplish their individual missions and who are designated, individually or as a class, by the Commissioner with the approval of the Deputy Attorney General. [59 FR 42415, Aug. 17, 1994, as amended at 62 FR 10390, Mar. 6, 1997] $287.6 Proof of official records. (a) Domestic. In any proceeding under this chapter, an official record or entry therein, when admissible for any purpose, shall be evidenced by an official publication thereof, or by a copy attested by the official having legal custody of the record or by an authorized deputy. (b) Foreign: Countries not Signatories to Convention. (1) In any proceeding under this chapter, an official record or entry therein, when admissible for any purpose, shall be evidenced by an official publication thereof, or by a copy attested by an officer so authorized. This attested copy in turn may but need not be certified by any authorized foreign officer both as to the genuineness of the signature of the attesting officer and as to his/her official position. The signature and official position of this certifying foreign officer may then likewise be certified by any other foreign officer so authorized, thereby creating a chain of certificates. (2) The attested copy, with the additional foreign certificates if any, must be certified by an officer in the Foreign Service of the United States, stationed in the foreign country where the record is kept. This officer must certify the genuineness of the signature and the official position either of (i) the attesting officer; or (ii) any foreign officer whose certification of genuineness of signature and official position relates directly to the attestation or is in a chain of certificates of genuineness of signature and official position relating to the attestation. |