ICE Consolidated Response to Public Comments

Response:
U.S. Immigration and Customs Enforcement (ICE) and U.S. Citizenship and Immigration Services
(USCIS) are consolidating web tip forms. The ICE web tip form (https://www.ice.gov/webform/ice-tipform) will be revised and will replace the current web tip form USCIS uses to accept tips from the public
about immigration benefit fraud and abuse (https://www.uscis.gov/report-fraud/uscis-tip-form). Tip
information is collected from the public who voluntarily provide it using the above fill-in-the-blank form
available on the ICE.gov website. ICE also offers the public the option to report tips directly through an
international toll-free phone number (866-347-2423). Receiving offices use tip information provided by
tipsters, when appropriate, to initiate further research, analysis, and investigation in furtherance of the ICE
and/or USCIS mission.
Information Collection Authorization
The collection of this information is authorized by multiple statutes and regulations authorizing ICE to
enforce the immigration and customs laws of the United States, including the following: 6 U.S.C. § 202;
8 U.S.C. § 1103; 8 U.S.C. § 1357; 8 U.S.C. § 1360; Title 18 U.S.C.; 19 U.S.C. § 1589a; 19 U.S.C. §1619;
31 CFR Chapter X; 5 U.S.C. § 301; 31 U.S.C. §5316; and 44 U.S.C. § 3101. USCIS derives authority to
collect information relevant to immigration matters from the authority of the Secretary of Homeland
Security to administer laws relating to immigration and naturalization, as stated in INA § 103(a)(1), 8
U.S.C § 1103(a)(1), authority which has been delegated to USCIS. See Department of Homeland Security
(DHS), Delegation to the Bureau of Citizenship and Immigration Services, Delegation Number 0150.1
(June 5, 2003), available at https://www.hsdl.org/?view&did=234775. Matters relevant to possible
immigration fraud fall within that authority.
The use and potential sharing of tip information obtained through the ICE web tip form, as well as the
identified revisions to the ICE web tip form, are subject to the restrictions set forth in 8 U.S.C. § 1367 and
other applicable federal laws and regulations. The Violence Against Women Act (VAWA) includes
provisions specifically intended to safeguard all information relating to individuals who have been
victims of human trafficking (T visa), domestic violence (VAWA relief), and other qualifying crimes (U
visa), codified at 8 U.S.C. § 1367. This law prohibits DHS from disclosing information related to a
protected individual with limited exceptions. This law also prohibits DHS employees from making an
adverse determination of admissibility or deportability against a protected individual using information
furnished solely by an abuser or perpetrator, among other restrictions per 8 U.S.C. § 1367(a)(1).
ICE may share tip information with law enforcement or intelligence agencies that demonstrate a need to
know the information in the performance of their missions and when the disclosure of information is
otherwise authorized by law. For example, ICE shares tips pertaining to threats to the President of the
United States with the U.S. Secret Service. ICE may share tip information with appropriate federal, state,
local, tribal, territorial, foreign, or international government agencies to conduct law enforcement
investigations, to disrupt criminal activity, to uphold and enforce the law, and to ensure public safety.
The use and potential sharing of the collected information is also covered by existing sharing agreements
and related instruments, including the DHS/ICE-018 Analytical Records System of Records Notice
(SORN), 86 Fed. Reg. 15246 (March 22, 2021) which is available at
https://www.federalregister.gov/documents/2021/03/22/2021-05651/privacy-act-of-1974-system-ofrecords; the DHS/ICE-009 External Investigations SORN, 85 Fed. Reg. 74362 (November 20, 2020)
which is available at https://www.federalregister.gov/documents/2020/11/20/2020-25619/privacy-act-of1974-system-of-records; and the DHS/USCIS-006 Fraud Detection and National Security Records
(FDNS) SORN, 77 Fed. Reg. 47411 (August 8, 2012) which is available at
https://www.govinfo.gov/content/pkg/FR-2012-08-08/html/2012-19337.htm. Pursuant to the E-

Government Act of 2002, ICE published the Privacy Impact Assessment (PIA) DHS/ICE/PIA-055
Repository for Analytics in a Virtualized Environment (RAVEn) which is available at
https://www.dhs.gov/sites/default/files/2022-06/privacy-pia-ice055-ravenappendixbupdatejune2022_1.pdf. USCIS and ICE will not share information with third parties about applicants or
petitioners who are the subjects of tips, including those providing information via the ICE web tip form,
except as allowed by law or regulation.
The Privacy Act Statement affixed to the tip form provides notice to the public, including potential
tipsters, that information provided by tipsters may be shared internally within DHS for any appropriate
official purpose. Information provided may also be shared with federal, state, local, tribal, territorial, and
foreign law enforcement agencies in order to refer reports of suspicious activity, tips, potential violations
of law, and other relevant information to agencies with appropriate jurisdiction, authorities, and need-toknow concerning the matter(s) reported, or as otherwise required by law. If tipsters are United States
Citizens, Lawful Permanent Residents, or individuals whose records are covered by the Judicial Redress
Act of 2015 (5 U.S.C. § 552a note), their information may be disclosed in accordance with the Privacy
Act of 1974, 5 U.S.C. § 552a(b), including pursuant to the routine uses published in the DHS/ICE-018
Analytical Records SORN.
The submission of tip information is completely voluntary. The revised ICE web tip form will replace the
current USCIS web tip form, and will request from tipsters the minimum amount of information required
to report any tips concerning immigration benefit fraud. This revised information collection, which
reduces the amount of time required to document, analyze, and route tips to the appropriate DHS agency
and office for action by collecting immigration benefit fraud tips on one form instead of two separate
forms, reduces the burden to the public and enables DHS to more effectively accomplish its core mission
of protecting the Homeland.
Intended Revisions to the ICE Web Tip Form
The proposed revisions will include additional fields on the ICE web tip form to request the tipster
provide immigration receipt numbers and Alien Registration Numbers (A-numbers), if known, when the
tipster chooses to provide an immigration benefit fraud tip. The addition of these fields, which exist on
the current USCIS web tip form, does not reflect an enhanced focus on collecting immigration benefit
fraud tips in comparison to other violation categories on the ICE web tip form. The revisions to the ICE
web tip form will make it easier for the public to report all immigration benefit fraud tips on one
consolidated form, will facilitate the collection and transmission of immigration benefit fraud tip data to
USCIS, and will assist the tipster to provide the minimum information required for USCIS and ICE to
research, analyze, and investigate allegations. The ICE web tip form uses mandatory and non-mandatory
fields to guide the tipster to provide the minimal pertinent and necessary information to enable ICE and
USCIS to research, analyze, and investigate tip information. The added fields will prompt tipsters for the
same information currently being requested by USCIS for all immigration benefit fraud tips.
The proposed revisions to the ICE web tip form do not violate confidentiality laws. Tip information is
voluntarily provided by a tipster via the ICE web tip form. ICE may share tip information with law
enforcement or intelligence agencies that demonstrate a need to know the information in the performance
of their missions and when the disclosure of the information is otherwise authorized by law, including
appropriate federal, state, local, tribal, territorial, foreign, or international government agencies to conduct
law enforcement investigations, to disrupt criminal activity, to uphold and enforce the law, and to ensure
public safety. Tip information may also be shared with other DHS components based on agency mission
requirements. For example, tips pertaining to single-scope immigration benefit fraud and abuse are shared
with USCIS, which engages in administrative investigations of single-scope immigration benefit fraud

and abuse. These sharing requirements are not violative of confidentiality law, regulations, or policies.
Tipsters are fully informed of the potential sharing of tip information for official purposes, as well as
potential uses of tip information, through the Privacy Act Statement at the end of the form.
ICE developed the web tip form in accordance with the Privacy Act, the Fair Information Practice
Principles Memorandum (FIPPS; DHS Privacy Policy Guidance Memorandum Number 2008-01;
December 29, 2008), which is available at https://www.dhs.gov/sites/default/files/publications/privacypolicy-guidance-memorandum-2008-01.pdf; and Executive Order 13610, Identifying and Reducing
Regulatory Burdens (May 10, 2012), which is available at https://www.whitehouse.gov/wpcontent/uploads/legacy_drupal_files/omb/inforeg/inforeg/eo_13609/eo_13610_identifying_and_reducing
_regulatory_burdens.pdf; to request specific data points required to capture the minimum necessary
information to receive tip information useful to ICE and USCIS, which also enables ICE and USCIS to
satisfy mission requirements.
Tip Form Use
The proposed revisions to the ICE web tip form are designed to reduce the burden to the public by using
one consolidated web tip form, instead of two separate web tip forms (the current USCIS web tip form
and the current ICE web tip form) to report tips concerning immigration benefit fraud.
Tips are inherently only allegations of criminal or suspicious activity, and do not constitute dispositive
evidence. Tips only provide a starting point for further research, analysis, and possible investigation in the
field. Tip information alone does not directly result in adverse determinations of admissibility or
removability.
Tipsters are provided instructions at the top of the ICE web tip form that they may use the form to report
suspected criminal activity. Tips are not assessed as “credible” by the ICE Tip Line, because tips only
provide a starting point for further research, analysis, and possible investigation by a field office. The ICE
Tip Line performs a review of tip information to determine if the tip is “actionable.”
A tip may be considered actionable if the reported activity pertains to DHS statutory authorities; if there is
sufficient information to identify subjects or organizations reportedly involved, or the tipster provides
sufficient contact information to allow DHS personnel to contact the tipster for more information; and if
there is a reported location associated with the activity that allows the tip to be sent to the appropriate
DHS field office for further research, analysis, and investigation. Tips deemed actionable by USCIS or
ICE only provide a starting point for further research, analysis, and investigation. Tips that are assessed as
not actionable are closed by ICE and/or USCIS without referral or further action, and no independent
enforcement actions are taken based solely on tip information.
Tipsters select the most applicable violation category on the ICE web tip form based on their knowledge
or observation of what they believe to be suspicious, fraudulent, and/or criminal activity within DHS
jurisdiction. Tipsters are not required to make legal determinations concerning the violation category they
choose. Tip information provided by tipsters, including the violation category they select pertaining to the
tip information, is evaluated for accuracy by ICE and/or USCIS staff and processed in accordance with all
applicable protocols, and as appropriate based on the nature of the tip. In instances where tipsters
inadvertently select an incorrect tip violation category, this poses minimal impact to ICE Tip Line
procedures which, in all instances, require ICE Tip Line analysts to review incoming tip information
holistically and to process as appropriate based on all information provided to determine actionability, not
based on the category selected by the tipster. Tip information provided by tipsters, including the
suspected violation category they select pertaining to the information, is evaluated for accuracy during
this process.

The addition of detailed instructions and definitions for reporting tips within each violation category will
increase the time burden to the public of reviewing and completing the form and may also have a chilling
effect on the reporting of tip information by dissuading tipsters from using the form. The revisions to the
ICE web tip form have been developed to request and capture the minimum necessary information which
also enables both ICE and USCIS to satisfy mission requirements. No additional data points, caveats,
qualifying language, or instructions are required on the ICE web tip form to enable ICE or USCIS to
lawfully carry out their respective obligations under law and regulation.
Processing of Information Collected Through the ICE Web Tip Form
Once submitted, all immigration benefit fraud tips are automatically transmitted from the ICE web tip
form to the USCIS FDNS Tip Unit for further research and analysis. USCIS receives and reviews all
immigration benefit fraud tips submitted through the ICE web tip form, and forwards actionable singlescope immigration benefit fraud tips to the appropriate USCIS office with jurisdiction to initiate further
research, analysis, and investigation. Approximately 80% of immigration benefit fraud tips received
annually through the ICE web tip form fall under USCIS jurisdiction, and only 20% fall under ICE
jurisdiction. USCIS will only forward tips falling under ICE jurisdiction (for example, tips concerning
large-scale immigration benefit fraud conspiracies, immigration benefit fraud rings, and tips concerning
national security or public safety threats) to the ICE Tip Line for further research and analysis. The ICE
Tip Line will forward actionable tips to the appropriate DHS office with jurisdiction to initiate further
research, analysis, and investigation.
ICE and USCIS staff vet tip information by conducting research in DHS, law enforcement, and public
records databases, as well as open-source information available to the public, to assess whether a tip is
actionable. If a tip is deemed actionable, ICE and USCIS staff produce reports which are disseminated to
the DHS office with programmatic and geographic responsibility for the reported allegation. The
receiving DHS office performs additional research, analysis, and investigation before determining
whether any further action is warranted. Tips deemed actionable by USCIS or ICE only provide a starting
point for further research, analysis, and investigation. Tip information is not dispositive evidence, and
does not directly result in adverse determinations of admissibility or removability. Tips that are assessed
as not actionable are closed by ICE and/or USCIS without referral or further action, and no independent
enforcement actions are taken based solely on tip information.
Processing of Anonymous and Non-Anonymous Tips
Tips are inherently only allegations of criminal or suspicious activity, and do not constitute dispositive
evidence. Tips only provide a starting point for further research, analysis, and possible investigation in the
field. Tip information alone does not directly result in adverse determinations of admissibility or
removability. Tips are not assessed as “credible” by the ICE Tip Line, because tips only provide a starting
point for further research, analysis, and possible investigation by a field office. The ICE Tip Line
performs a review of tip information to determine if the tip is “actionable.”
A tip may be considered actionable if the reported activity pertains to DHS statutory authorities; if there
is sufficient information to identify subjects or organizations reportedly involved, or the tipster provides
sufficient contact information to allow DHS personnel to contact the tipster for more information; and if
there is a reported location associated with the activity that allows the tip to be sent to the appropriate
DHS field office for further research, analysis, and investigation.
Tips deemed actionable by ICE or USCIS only provide a starting point for further research, analysis, and
investigation. Tips that are assessed as not actionable are closed by ICE and/or USCIS without referral or
further action, and no independent enforcement actions are taken based solely on tip information.

Per DHS Directive 002-02 Revision Number 00.1, Implementation of Section 1367 Information
Provisions (issued on November 1, 2013 and revised on April 29, 2019; available at
https://www.dhs.gov/sites/default/files/publications/mgmt/community-and-social-services/mgmt-dir_00202-implementation-section-1367-info-provisions_revision-00-1.pdf), adverse determinations of
admissibility or deportability against a noncitizen are not made using information furnished solely by
prohibited sources associated with the battery or extreme cruelty, sexual assault, human trafficking or
substantial physical or mental abuse, regardless of whether the noncitizen has applied for VAWA
benefits, or a T or U visa. If a DHS employee receives adverse information about a victim of domestic
violence, sexual assault, human trafficking or an enumerated crime from a prohibited source, DHS
employees should treat the information as inherently suspect and exercise all appropriate prosecutorial
discretion with respect to pursuing the adverse information. Further, DHS employees receiving
information solely from a prohibited source do not take action on that information unless there is an
independent source of corroboration.
Additionally, per DHS Directive 002-02 Revision Number 00.1, DHS components with access to Section
1367 information create ways to identify those individuals protected by Section 1367 confidentiality
through database checks and develop safeguards to protect this information in the relevant systems. All
DHS employees who, through the course of their work may come into contact with victim applicants or
have access to the information covered by 8 U.S.C. 1367, complete Noncitizen Victims of Crime:
Immigration Benefits and Confidentiality Protections training, which is currently available on DHS
component Learning Management Systems (LMS).
Warning About Knowingly Providing False Information
The ICE web tip form includes a warning that knowingly providing false information via the form could
subject tipsters to fines, imprisonment, or both (18 U.S.C. § 1001). The text concerning the warning
regarding knowingly providing false information is purposely located at the bottom of the form
immediately above the CAPTCHA test box which requires tipster review and completion, as well as the
submission button which requires the tipster to click to submit the tip. The warning text is prominently
emphasized in bold font and capital lettering, and serves as a final reminder that tipsters should consider
the totality of information they have added to the form before they confirm that the information is correct
to the best of their knowledge and choose to click the “submit” button at the bottom of the page.
ICE/HSI personnel may determine that false tip information has been received through analysis,
investigation, and law enforcement coordination with other federal, state, or local authorities as
appropriate based on the nature of the tip. In these instances, ICE/HSI may take enforcement action
against tipsters who provide false information via the ICE web tip form. ICE/HSI has investigated and
arrested tipsters who have knowingly filed false tip information in violation of 18 U.S.C. § 1001.
Why ICE and USCIS Collect Anonymous Tips
As stated above, ICE developed the web tip form in accordance with the Privacy Act, the Fair
Information Practice Principles (FIPPS; DHS Privacy Policy Guidance Memorandum Number 2008-01;
December 29, 2008), and Executive Order 13610, Identifying and Reducing Regulatory Burdens (May
10, 2012) to request specific data points required to capture the minimum necessary information to
receive tip information useful to ICE and USCIS, which also enables ICE and USCIS to satisfy mission
requirements. No additional data points, caveats, or instructions are required on the ICE web tip form to
enable ICE or USCIS to carry out their respective duties under law and regulation.
Requiring additional identifying information from tipsters would likely have a chilling effect that
dissuades tipsters from using the form, and would not allow the provision of tip information from tipsters

who wish to remain anonymous related to concerns for their personal safety. Law enforcement agencies
have a historical precedent of accepting anonymous tips from the public. Tips that are assessed as not
actionable are closed by ICE and/or USCIS without referral or action, and no independent enforcement
actions are taken based solely on tip information.
Payment for Information
ICE has the discretion and statutory authorization to pay for information and/or evidence that is ultimately
used in support of criminal investigations. Tipsters may be compensated at ICE’s discretion based upon
the actionability, credibility, and value of tip information provided. Providing tip information does not
guarantee that tipsters will be compensated in any way.
Tips that are assessed as not actionable are closed without referral or action, and no independent
enforcement actions are taken based solely on tip information. Tipsters are not compensated for
information assessed as not actionable, credible, or valuable.
Tip Information Concerns Pertaining to the Violence Against Women Act (VAWA); 8 U.S.C. §
1367; and Victim-Centered Directives and Policies
The ICE web tip form provides an important mechanism which may empower tipsters to report abuse
they or their family members may be experiencing as victims of criminal activities within the ICE
mission, including labor trafficking, human trafficking, and child exploitation.
Protections afforded within 8 U.S.C. § 1367 apply to a small subset of noncitizens seeking benefits or
relief, and most individuals suspected of committing immigration benefit fraud are not afforded
protections by 8 U.S.C. § 1367. The revisions to the ICE web tip form do not allow mala fide actors to
circumvent protections afforded by 8 U.S.C. § 1367, where applicable, because tip information only
provides a starting point for further research, analysis, and investigation. Tip information does not directly
result in adverse determinations of admissibility or removability.
The use of tip information obtained through the ICE web tip form, as well as the identified revisions to
the ICE web tip form, do not negate or contravene the restrictions set forth in 8 U.S.C. § 1367. The
Violence Against Women Act (VAWA) includes provisions specifically intended to safeguard all
information relating to individuals who have been victims of human trafficking (T visa), domestic
violence (VAWA relief), and other qualifying crimes (U visa), codified at 8 U.S.C. § 1367. This law
prohibits DHS from disclosing information related to a protected individual with limited exceptions. This
law also prohibits DHS employees from making an adverse determination of admissibility or
deportability against a protected individual using information furnished solely by an abuser or perpetrator,
among other restrictions per 8 U.S.C. § 1367(a)(1).
The use of tip information obtained through the ICE web tip form, as well as the identified revisions to
the ICE web tip form, do not negate or contravene the policy requirements set forth in ICE Directive
11005.3, Using a Victim-Centered Approach with Noncitizen Crime Victims (August 10, 2021), which is
available at https://www.ice.gov/doclib/news/releases/2021/11005.3.pdf. ICE personnel will exercise
prosecutorial discretion in appropriate circumstances to facilitate access to justice and victim-based
immigration benefits by noncitizen crime victims. To that end, absent exceptional circumstances, ICE will
refrain from taking civil immigration enforcement action against known beneficiaries of victim-based
immigration benefits and those known to have a pending application for such benefits.
Additionally, per ICE Directive 11005.3, ICE officers and agents may encounter noncitizen victims of
crime who are not the beneficiaries of victim-based immigration benefits and who do not have pending
applications for such benefits. Accordingly, in the course of their duties, ICE personnel are required to

look for indicia or evidence that suggests a noncitizen is a victim of crime, such as being the beneficiary
of an order of protection or being the recipient of an eligibility letter from the U.S. Department of Health
and Human Services’ Office of Trafficking in Persons. The fact that someone is a victim of crime and,
where applicable, may be eligible for victim-based immigration benefits for which they have not yet
applied, is a discretionary factor that is required to be considered by ICE personnel in deciding whether to
take civil immigration enforcement action against the noncitizen or to exercise discretion, including but
not limited to, release from detention.
The use of tip information obtained through the ICE web tip form, as well as the identified revisions to
the ICE web tip form, do not negate or contravene the policy requirements set forth in DHS Directive
002-02 Revision Number 00.1, Implementation of Section 1367 Information Provisions (Issued on
November 1, 2013 and revised on April 29, 2019), which is available at
https://www.dhs.gov/sites/default/files/publications/mgmt/community-and-social-services/mgmt-dir_00202-implementation-section-1367-info-provisions_revision-00-1.pdf. Per DHS Directive 002-02 Revision
Number 00.1, all DHS officers and employees are generally prohibited from permitting use by, or
disclosure to anyone other than a sworn officer or employee of DHS, Department of State (DOS), or
Department of Justice (DOJ), of any information relating to a beneficiary of a pending or approved
application for victim-based immigration benefits, including a battered spouse waiver, VAWA selfpetition, VAWA cancellation of removal or suspension of deportation case, or T or U nonimmigrant
status, including the fact that the individual has applied for such benefits.
Per DHS Directive 002-02 Revision Number 00.1, adverse determinations of admissibility or
deportability against a noncitizen are not made using information furnished solely by prohibited sources
associated with the battery or extreme cruelty, sexual assault, human trafficking or substantial physical or
mental abuse, regardless of whether the noncitizen has applied for VAWA benefits, or a T or U visa. If a
DHS employee receives adverse information about a victim of domestic violence, sexual assault, human
trafficking, or an enumerated crime from a prohibited source, DHS employees should treat the
information as inherently suspect and exercise all appropriate prosecutorial discretion with respect to
pursuing the adverse information. Further, DHS employees receiving information solely from a prohibited
source do not take action on that information unless there is an independent source of corroboration.
Additionally, per DHS Directive 002-02 Revision Number 00.1, DHS components with access to Section
1367 information create ways to identify those individuals protected by Section 1367 confidentiality
through database checks and develop safeguards to protect this information in the relevant systems. All
DHS employees who, through the course of their work may come into contact with victim applicants or
have access to the information covered by 8 U.S.C. § 1367, complete Noncitizen Victims of Crime:
Immigration Benefits and Confidentiality Protections training, which is currently available on DHS
component Learning Management Systems (LMS).