|
8 C.F.R. § 287.1 Definitions.
Title 8 - Aliens and Nationality
Source:
PART 287—FIELD OFFICERS; POWERS AND DUTIES
(a)(1) External boundary. The term external boundary, as used in
section 287(a)(3) of the Act, means the land boundaries and the
territorial sea of the United States extending 12 nautical miles
from the baselines of the United States determined in accordance
with international law.
(2)
Reasonable distance. The term reasonable distance, as
used in section 287(a) (3) of the Act, means within 100 air miles
from any external boundary of the United States or any shorter
distance which may be fixed by the chief patrol agent for CBP, or
the special agent in charge for ICE, or, so far as the power to
board and search aircraft is concerned any distance fixed pursuant
to paragraph (b) of this section.
(b)
Reasonable distance; fixing by chief patrol agents and special
agents in charge. In fixing distances not exceeding 100 air
miles pursuant to paragraph (a) of this section, chief patrol agents
and special agents in charge shall take into consideration
topography, confluence of arteries of transportation leading from
external boundaries, density of population, possible inconvenience
to the traveling public, types of conveyances used, and reliable
information as to movements of persons effecting illegal entry into
the United States: Provided, That whenever in the opinion of
a chief patrol agent or special agent in charge a distance in his or
her sector or district of more than 100 air miles from any external
boundary of the United States would because of unusual circumstances
be reasonable, such chief patrol agent or special agent in charge
shall forward a complete report with respect to the matter to the
Commissioner of CBP, or the Assistant Secretary for ICE, as
appropriate, who may, if he determines that such action is
justified, declare such distance to be reasonable.
(c)
Patrolling the border. The phrase patrolling the border to
prevent the illegal entry of aliens into the United States as
used in section 287 of the Immigration and Nationality Act means
conducting such activities as are customary, or reasonable and
necessary, to prevent the illegal entry of aliens into the United
States.
(d)
Arrested by federal, state, or local law enforcement official.
The term arrested, as used in section 287(d) of the Act (as
amended by section 1701 (Subtitle M) of the Anti-Drug Abuse Act of
1986, Pub. L. 99–509), means that an alien has been—
(1)
Physically taken into custody for a criminal violation of the
controlled substance laws; and
(2)
Subsequently booked, charged or otherwise officially processed; or
(3)
Provided an initial appearance before a judicial officer where the
alien has been informed of the charges and the right to counsel.
(e)
Law enforcement or other official. The phrase law enforcement
official (or other official), as used in section 287(d) of the
Act, means an officer or employee of an agency engaged in the
administration of criminal justice pursuant to statute or executive
order, including (1) courts; (2) a government agency or component
which performs the administration of criminal justice as defined in
28 CFR part 20 including performance of any of the following
activities: detection, apprehension, detention, pretrial release,
post-trial release, prosecution, adjudication, correctional
supervision, or rehabilitation of accused persons or criminal
offenders.
(f)
Controlled substance. The term controlled substance, as
used in section 287(d)(3) of the Act, shall mean the same as that
referenced in the Controlled Substances Act, 21 U.S.C. 801 et
seq., and shall include any substance contained in Schedules I
through V of 21 CFR 1308.1 et seq. For the purposes of this
chapter, the term controlled substance includes controlled
substance analogues as defined in 21 U.S.C. 802(23) and 813.
(g)
Basic immigration law enforcement training. The phrase basic
immigration law enforcement training, as used in §§287.5 and 287.8,
means the successful completion of one of the following courses of
training provided at the Immigration Officer Academy or Border
Patrol Academy: Immigration Officer Basic Training Course after
1971; Border Patrol Basic Training Course after 1950; Immigration
Detention Enforcement Officer Basic Training Course after 1977; and
Immigration Customs Enforcement Special Agent Training, after 2002;
or training substantially equivalent thereto as determined by the
Commissioner of CBP or the Assistant Secretary for ICE with respect
to personnel in their respective bureaus. The phrase basic
immigration law enforcement training also means the successful
completion of the Other than Permanent Full-Time (OTP) Immigration
Inspector Basic Training Course after 1991 in the case of
individuals who are OTP immigration inspectors. Conversion by OTP
immigration to any other status requires training applicable to that
position.
(h)
References to specific titles of officers mean all individuals
holding such positions and any individual acting in such position.
(i)
Nothing in this part limits the authority of any DHS officers to act
pursuant to any authorities that they may otherwise possess.
[22 FR
9808, Dec. 6, 1957, as amended at 29 FR 13244, Sept. 24, 1964; 53 FR
9283, Mar. 22, 1988; 57 FR 47258, Oct. 15, 1992; 59 FR 42415, Aug.
17, 1994; 68 FR 35276, June 13, 2003] |
