How HSI Investigates Immigration and Customs Violations

Homeland Security Investigations (HSI) is the investigative arm of U.S. Immigration and Customs Enforcement (ICE). They are responsible for investigating a wide range of violations related to immigration and customs laws. HSI has broad legal authority to enforce over 400 federal statutes, so they pursue many different types of cases. Their main goal is to protect national security and public safety by targeting cross-border criminal organizations.

Overview of HSI

HSI has over 10,000 employees, making it the largest investigative agency within the Department of Homeland Security. They have 26 field offices across the United States and many overseas offices as well. HSI special agents are highly trained federal law enforcement officers who carry firearms, make arrests, execute search warrants, and conduct investigations. Unlike other ICE components, HSI has broad authority to investigate immigration and customs violations that occur away from the border. This means they can pursue leads and make arrests throughout the interior of the country.

Types of Violations Investigated

HSI investigates a wide range of violations related to immigration, customs, and cross-border crimes. Some of the main types of cases they handle include:

• Immigration fraud – This includes crimes like document fraud, marriage fraud, visa fraud, and benefits fraud.
• Human smuggling and trafficking – HSI targets smuggling rings that bring people illegally across the borders and traffickers who exploit people once in the U.S.
• Narcotics smuggling and trafficking – They investigate drug smuggling across the borders and distribution networks operating inside the U.S.
• Financial crimes – HSI pursues cases involving money laundering, bulk cash smuggling, and other financial crimes.
• Cybercrime – They investigate cyber crimes like online child exploitation, intellectual property theft, and more.
• Trade fraud – This includes commercial fraud, trafficking of counterfeit goods, and customs duty evasion.
• National security – HSI handles investigations related to export control violations, proliferation of weapons of mass destruction, and other threats.

In all of these types of cases, HSI uses their legal authority to target transnational criminal organizations and anyone who facilitates cross-border crimes. Their goal is to dismantle the whole criminal network, not just arrest low-level criminals.

Investigative Powers

HSI special agents have an extensive set of investigative powers that allow them to pursue complex investigations into immigration and customs violations. Some of the main authorities HSI agents can exercise include:

• Conduct surveillance on suspects
• Interview witnesses and suspects
• Serve subpoenas to obtain evidence
• Make arrests without a warrant in some circumstances
• Execute search warrants
• Seize evidence and contraband
• Access classified databases to gather intelligence
• Conduct undercover operations
• Infiltrate criminal organizations using informants
• Investigate financial transactions and freeze assets

HSI often works joint investigations with other federal, state, local, and international law enforcement partners. However, HSI special agents have the broadest authority to enforce a wide range of federal laws even away from the border.

Investigative Process

Most HSI investigations follow a similar process, although the exact steps can vary by the type of case:

1. Receive a lead or tip – HSI cases often begin with a tip from the public or other law enforcement agencies. Tips can be reported to HSI through the phone tip line or online form.
2. Gather intelligence – Agents access classified databases and conduct surveillance to identify suspects and gather evidence.
3. Conduct interviews – HSI interrogates witnesses, informants, and suspects to further the investigation.
4. Undercover operations – Agents sometimes go undercover to infiltrate criminal groups or gain evidence.
5. Obtain warrants – If there is probable cause, HSI will obtain warrants to search property, make arrests, or seize evidence.
6. Coordinate with prosecutors – HSI works with federal prosecutors to build cases for criminal prosecution.
7. Make arrests – When the investigation is complete, HSI will arrest suspects and take them into custody for prosecution.
8. Seize assets – They have authority to seize property, bank accounts, and other assets tied to crimes.

HSI agents have a wide range of techniques they can utilize to uncover violations of immigration and customs laws. Their broad legal powers allow them to aggressively pursue complex investigations.

Prosecuting Violators

A key part of the HSI mission is to pursue prosecutions against violators of federal laws under their jurisdiction. When the investigation uncovers evidence of violations, HSI works with federal prosecutors to build cases for criminal prosecution or civil fines and penalties. Some examples of how they prosecute violators include:

• Filing criminal charges – HSI presents evidence to prosecutors who will file formal criminal charges against suspects. Charges can range from misdemeanors to serious felonies.
• Seeking prison sentences – Prosecutors will seek prison sentences for convicted defendants based on sentencing guidelines for the charges.
• Pursuing asset forfeiture – They have authority to seize property and assets connected to crimes and pursue forfeiture through civil judicial proceedings.
• Imposing financial penalties – Violators can be subject to heavy fines, restitution payments to victims, and civil judgments.
• Revoking visas or immigration status – Immigration violators may have their visas or status revoked through immigration proceedings.

HSI uses prosecution as a powerful tool to punish violators, take away illicit profits, and deter future criminal activity. Most immigration and customs violations carry potential criminal penalties and fines if elevated to prosecution.

Cooperation with Foreign Governments

Since HSI investigates many transnational crimes, they frequently cooperate with international law enforcement partners. HSI has special agents assigned to over 60 offices in 50 countries worldwide. This allows them to collaborate closely with foreign governments on investigations that cross borders. Some examples of cooperation with foreign agencies include:

• Sharing intelligence and evidence to further investigations
• Providing training and capacity building for foreign law enforcement
• Facilitating joint investigations using shared authority
• Assisting with overseas arrests and extraditions back to the U.S.
• Seizing foreign assets and bank accounts
• Obtaining testimony from witnesses located abroad

Building strong international partnerships allows HSI to dismantle transnational criminal networks and pursue violators who try to evade prosecution by fleeing overseas. HSI relies on cooperation with foreign governments to investigate many types of immigration, customs, and cross-border crimes.

Oversight and Accountability

Since HSI special agents have such broad authority, there are also mechanisms in place to provide oversight and accountability. Some examples include:

• Department of Homeland Security (DHS) Office of Inspector General – Conducts audits and investigations of HSI operations and handles complaints against the agency.
• DOJ Civil Rights Division – Investigates complaints about civil rights violations and abuse of authority.
• Congressional oversight – HSI leadership must routinely report to and testify before Congress.
• Internal Affairs – HSI has an Office of Professional Responsibility that investigates agent misconduct.
• Judicial review – Courts review HSI activities like warrant applications to prevent abuses of power.
• Privacy Officer – Reviews policies and procedures to protect civil rights and civil liberties.

Robust oversight keeps HSI accountable and helps prevent abuses as agents enforce immigration and customs laws. However, some critics argue that HSI lacks sufficient transparency given their broad mandate and authorities.

Controversies and Criticisms

HSI’s aggressive approach to immigration and customs enforcement has generated some controversy and criticism from civil rights groups, immigration advocates, and others. Some of the main concerns raised include:

• Potential racial profiling and discrimination in investigations.
• Use of deceptive tactics during interrogations to coerce confessions or information.
• Incidents of excessive use of force during apprehensions and raids.
• Pursuing minor immigration violations versus focusing on serious criminals.
• Generating fear in immigrant communities with arrests and prosecutions.
• Lack of due process and consent in some enforcement actions.

Critics argue that HSI sometimes overreaches in its zeal to enforce immigration laws and fails to prioritize only serious public safety threats. However, HSI defends its critical national security mission and emphasizes that agents follow lawful procedures and protect civil rights.

Conclusion

HSI plays a crucial role in investigating and combating a broad range of immigration, customs, and cross-border crimes. Their special agents have extensive authority to enforce over 400 federal laws and disrupt transnational criminal networks. However, HSI’s broad powers also raise accountability and oversight concerns given the potential impact on civil liberties. Balancing effective law enforcement with protection of individual rights remains an ongoing challenge. But overall, HSI provides unique capabilities to identify and prosecute violators that threaten homeland security.